Teri KanefieldFeb 14, 2024

The DOJ filed its response to Trump's request for the Supreme Court to put his trial on hold.

For a reminder what this is about, see this thread: https://mastodon.social/@Teri_Kanefield/111926098652803347

The response the DOJ filed is here: https://s3.documentcloud.org/documents/24427532/23a745-response.pdf

It sparkles.

In addition to being done well, it was done quickly. SCOTUS gave them a week. They filed it in 2 days.

Notice that they argue in the alternative: If Trump gets a stay, please expedite the proceedings as with the Colorado ballot case.

Edgeoforever 🔆Feb 14, 2024
Show threadTeri Kanefield

The DOJ includes some of the best lines from the appeals court decision, like this one:

Granting immunity for “alleged efforts to remain in power despite losing the 2020 election" would "neutralize the most fundamental check on execu-tive power" -- the ability to be voted out of office.

Screenshot #2 gives the standards Trump has to meet.

The hard one is #2: "A fair prospect that a majority of the Court will vote to reverse the judgment below."

They have to think he might win.

2/

Feb 14, 2024 at 11:29pmWeb
Show threadTeri KanefieldFeb 14, 2024

The crux of the argument in the screenshot.

Then this argument: The remote chance he has of winning v. the public interest in a speedy resolution of this matter = no stay.

I like this one. Not likely to succeed because his claim of immunity: "finds no support in constitutional text, separation-of-powers principles, history, or logic.

3/

Show threadTeri KanefieldFeb 14, 2024

See why I don't think he'll get the stay? They have said no absolute privileges. Why would they think he can win on this?

Remember: he needs 5 votes to get his stay.

5 of them have to think he might win.

I guess anything is possible, but SCOTUS granting a stay seems remote.

4/

Show threadTeri KanefieldFeb 14, 2024

I have only one anxiety about what the Supreme Court may do:

If SCOTUS grants the stay, I am not prepared to face the meltdowns and tantrums on social media.

I may go on vacation.

😂

Show threadshorty60 🇺🇸Feb 14, 2024
@Teri_Kanefield Just turn the computer off, only use the phone as a phone and not your connection to everything. Although, a vacation is never a bad idea.
Show threadPhogna BolognaFeb 14, 2024
@Teri_Kanefield BUT WHY, TERI!
Show threadEdelruth, PBS Passport HolderFeb 15, 2024

@bransonturner @Teri_Kanefield

🤣🤣🤣🤣🤣

Show threadGrandpa DonFeb 15, 2024

@Teri_Kanefield

I love your "It sparkles."
Such a delightful way of making a point. Makes the reader FEEL how good it is.

Show threadPhilFeb 15, 2024
@Teri_Kanefield Would the DOJ have been that quick out of the gate because they saw this move coming a mile away and got started ahead of time?
Show threadTeri KanefieldFeb 15, 2024
@paw Also they've been briefing these issues now for months so it isn't like this would have needed to be written entirely from scratch.
Show threadChris ADFeb 15, 2024
@Teri_Kanefield @paw And they seem to have some really good, clever lawyers on their team :)
Show threadPhilFeb 15, 2024
@anathema_device @Teri_Kanefield Joe Pesci and Jim Carrey would be better, more clever lawyers than what I've seen on the other side of the room some days.
Show threadMastodon MigrationFeb 15, 2024

@Teri_Kanefield

"If SCOTUS don't grant the stay, I am not prepared to face the meltdowns and tantrums on social media."

Do you mean "If SCOTUS does grant the stay..."

Show threadTeri KanefieldFeb 15, 2024

@mastodonmigration

Yup. Long day.
Thanks

Show threadSarah E BourneFeb 15, 2024
@Teri_Kanefield @mastodonmigration I'm relieved to hear this. I thought I must have missed something. It never occurred to me Teri put it backwards 😂
Show threadSkip LacazeFeb 15, 2024
@Teri_Kanefield @mastodonmigration Won’t there be tantrums regardess? Is it just that you don’t hang out where the other side can get at you?
Show threadSean McCabeFeb 15, 2024

@Teri_Kanefield
It's often a good idea to take a few days off social media when pearls are about to be clutched.

I am hoping this will not come to pass as SCOTUS threw Trump a victory bone with Colorado...so now it's time for him to resume being citizen Trump.

Show threadGreg BellFeb 15, 2024

@Teri_Kanefield after stay is announced...

Everyone: oh no!

Teri: whee! See you all after my vacation!

;)

Show threadPaul HoffmanFeb 15, 2024
@Teri_Kanefield Vacations are nice, but you could just have a partner or good friend take away your electronics for a day or two. They could even pretend it's your fault, because you have widely-read opinions on social media. You could whine like a teenager to get them back, and they could give you that arched-eyebrow “Now, Teri, you knew that this would happen…”
Show threadGeorge GirtonFeb 15, 2024
@Teri_Kanefield So … if you _are_ planning a vacation, the winter beach is a great place!🍸😸
Show threadNeveranRFeb 15, 2024
@Teri_Kanefield As always, thank you for your perspective,and about that vacation, maybe try a cruise? You deserve it!
Show threadMichael FisherFeb 15, 2024
@Teri_Kanefield I think the safe bet is cert denied on Trump’s full appeal, mooting the request for a stay and not touching anything on the merits. SCOTUS protects itself, stays above the fray, and best of all (for them, anyway): no Justice who is “in the tank for Trump” actually has to go on record that s/he actually is or isn’t. Second safest bet is no stay now and an 8-1 decision later affirming the DC Circut; Thomas in the dissent. Eager to find out if I’m right. 😎
Show threadTeri KanefieldFeb 15, 2024

@mjf_pro How is this for a pleasant fantasy: They treat the request for a stay as a writ for cert, deny the writ, and moot the request for a stay.

A girl can dream :)

Show threadKevin GaminFeb 15, 2024
@Teri_Kanefield @mjf_pro In other news, I am now going to find a way to use “moot the request” every chance I get.
Show threadAnde JacobsonFeb 15, 2024
@Teri_Kanefield @mjf_pro: That would be ideal!
Show threadThe Lady (La Donna)Feb 14, 2024
@Teri_Kanefield Thank you!
Show threadOtownKimFeb 14, 2024
@Teri_Kanefield Thank you for this awesome thread! I have a teeny sense of calm.... until the next drama
Show threadGrandpa DonFeb 15, 2024

@Teri_Kanefield

Summatizing DOJ response:

"You aren't seriously going to let these clowns make fools of you, are you?"

Show threadMarcFeb 15, 2024
@Teri_Kanefield
Not that it would ever happen, but if Justice Thomas were to recuse himself (for obvious reasons), what would be the effect of a 4-4 tie?
Show threadTeri KanefieldFeb 15, 2024
@prairiedog Not a problem here because to grant the stay it takes 5.
Show threadNicole ParsonsFeb 15, 2024

@Teri_Kanefield

$1.6 billion from Barre Seid's Irish tax evasion bought the civil rights rollback of 167 million American women.

A corrupt Supreme Court is unpredictable and unreliable because they are not following established precedent.

$5 billion has been set aside by Charles Koch.
https://popular.info/p/charles-kochs-5-billion-tax-loophole

Who knows what that's buying this time.

Charles Koch's audacious new $5 billion political scheme

Billionaire Charles Koch, who will turn 88 on November 1, is funneling his wealth into two secretive organizations that can continue his right-wing political advocacy for years.

Popular Information
Show threadKalon JelenFeb 28, 2024
@Teri_Kanefield Sorry that your mentions are going to get real bad, real soon. Vacation time?
Show threadGrandpa DonFeb 15, 2024

@Teri_Kanefield

"... or logic."
🤣🤣🤣

Show threadPusher Of Pixels (old account)Feb 15, 2024
@Teri_Kanefield is the 'or logic' a standard line or a more pointed barb than one might normally expect
Show threadTeri KanefieldFeb 15, 2024

@pixelpusher220

It's a pointed barb.

I'd call it understated snark.

Show threadpchestekFeb 15, 2024
@Teri_Kanefield Is Courier font required? If not, why use it?
Show thread(($; -)}™ Gozo LanguedocFeb 14, 2024

@Teri_Kanefield Thank you, as always.

(($; -)}™

Show threadkkellerFeb 15, 2024
@Teri_Kanefield to me, point 3 is also very relevant. What irreparable harm will come to Trump if they don't grant a stay? "He can't tell DOJ to drop the case if it is decided before he wins the Presidency" seems like a Really Bad argument to make to the Court. ;-)
Show threadTeri KanefieldFeb 15, 2024
@kkeller The irrepratable harm in an immunity case is that immunity is also supposed to protect someone from the hassle of a trial, which is why immunity cases get an appeal.
Show threadkkellerFeb 15, 2024
@Teri_Kanefield aha, that makes a lot of sense, thanks!