Friday, December 9, 2022

Orange Meltdown, Con't

Special Counsel Jack Smith is already tired of Team Trump's lies when it comes to boxes of stolen classified documents kept at Mar-a-Lago and is asking for a federal judge to hold the Trump legal eagles in contempt of court.
 
Prosecutors have urged a federal judge to hold Donald Trump’s office in contempt of court for failing to fully comply with a May subpoena to return all classified documents in his possession, according to people familiar with the matter — a sign of how contentious the private talks have become over whether the former president still holds any secret papers.

In recent days, Justice Department lawyers have asked U.S. District Judge Beryl A. Howell to hold Trump’s office in contempt, according to the people, who spoke on the condition of anonymity to describe sealed court proceedings. The hearing is scheduled for Friday, according to two people with knowledge of the matter.

The request came after months of mounting frustration from the Justice Department with Trump’s team — frustration that spiked in June after the former president’s lawyers provided assurances that a diligent search had been conducted for classified documents at his Mar-a-Lago Club and residence. But the FBI amassed evidence suggesting — and later confirmed through a court-authorized search — that many more remained.

One of the key areas of disagreement centers on the Trump legal team’s repeated refusal to designate a custodian of records to sign a document attesting that all classified materials have been returned to the federal government, according to two of these people. The Justice Department has repeatedly sought an unequivocal sworn written assurance from Trump’s team that all such documents have been returned, and Trump’s team has been unwilling to designate a custodian of records to sign such a statement while also giving assurances that they have handed documents back.

The precise wording of the filing could not be determined because it remains under seal. Trump is under investigation for three potential crimes: mishandling classified documents, obstruction and destruction of government records.

Trump spokesman Steven Cheung said the former president’s lawyers “continue to be cooperative and transparent.” He added: “This is a political witch hunt unlike anything like this country has ever seen.”
 
Except of course both of those statements by Cheung are lies as well.
 
Trump has given up on his special master nonsense too, Judge Aileen Cannon served her purpose and essentially destroyed her career by allowing Trump to dodge any consequences until after the midterm elections, and with Cannon no longer being of any use to him, he's letting his request die without calling in the conservatives on the Roberts Court to bail him out.

Former President Donald Trump does not plan to appeal to the Supreme Court a lower court order that put an end to the special master review of documents seized from his Mar-a-Lago estate, a source familiar with the matter tells CNN.

Last week, a federal appeals court ruled that a lower court judge had erred when she ordered the appointment of a third party, or special master, to review about 100 classified documents that investigators found when they searched his Florida home in August.

The former president’s legal team previously argued that they needed an outside expert to decide whether any of documents found at Mar-a-Lago could be privileged. They had until Thursday to appeal the decision to the Supreme Court.

On Thursday afternoon, the US 11th Circuit Court of Appeals issued the mandate that puts its ruling into effect, meaning the time period Trump had been given to seek an order pausing the ruling has expired.

The Trump team’s decision not to appeal would mark the end of a monthslong legal battle over whether the review should take place and will allow the Justice Department to push forward in their investigation into Trump’s retention of classified documents.
 
Judge Cannon was savaged by the three judges on the 11th Circuit panel, all Republican appointments, two of them appointed by Trump himself for the decision. Nobody on SCOTUS was going to touch it, and Trump no longer needed the delays anyway now that he's pitched his Big Mac-stained MAGA hat in the ring.

The terrible legal week from hell continues for Trump.

Sinema Verite', Con't

While she will still caucus with the Democrats, for now at least, Arizona Sen. Kyrsten Sinema says she's leaving the Democratic party to register as an independent.
 
Arizona Sen. Kyrsten Sinema is changing her party affiliation to independent, delivering a jolt to Democrats’ narrow majority and Washington along with it.

In a 45-minute interview, the first-term senator told POLITICO that she will not caucus with Republicans and suggested that she intends to vote the same way she has for four years in the Senate. “Nothing will change about my values or my behavior,” she said.

Provided that Sinema sticks to that vow, Democrats will still have a workable Senate majority in the next Congress, though it will not exactly be the neat and tidy 51 seats they assumed. They’re expected to also have the votes to control Senate committees. And Sinema’s move means Sen. Joe Manchin (D-W.Va.) — a pivotal swing vote in the 50-50 chamber the past two years — will hold onto some but not all of his outsized influence in the Democratic caucus.

Sinema would not address whether she will run for reelection in 2024, and informed Senate Majority Leader Chuck Schumer of her decision on Thursday.

“I don’t anticipate that anything will change about the Senate structure,” Sinema said, adding that some of the exact mechanics of how her switch affects the chamber is “a question for Chuck Schumer … I intend to show up to work, do the same work that I always do. I just intend to show up to work as an independent.”
 
What it means is if the last two years in the Senate was all about Chuck Schumer about keeping Joe Manchin happy, the next two now mean keeping Sinema from caucusing with the GOP, she might do in order to force another two years of 50-50 Senate power sharing, and even if the Dems can somehow magically defend all their other 2024 seats, we're stuck with Co-President Sinema for a long time.

But the big thing is that it now means any sort of primary challenge to her in 2024 is doomed and would assure someone like Blake Masters would win easily. She knew she was facing political oblivion if she stayed a Democrat as Rep. Ruben Gallego was waiting for his opportunity to knock her out of the running.

Now she can safely say that it's her way or the GOP. A three way race would go to the GOP, every time. Kyrsten Sinema did this to save Kyrsten Sinema's narrow ass, full stop. The caucusing with the GOP threat is secondary if she can't stay in her seat.

On the gripping hand, maybe she's just doing this for the lobbyist cred and she won't run in 2024 at all.

The Independent thing worked for Bernie, and worked for Angus King in Maine. It'll work for her if she wants it to.

We'll see.

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