LOL! Don’t File Court Motions You Should, Then File Ones That Can’t Win. Trump’s Legal Dog’s Breakfast

Now all I can do is to shake my head, you might not believe that it’s true   Jim Croce   Working at the car wash blues

Every time you think it can’t get any more stupid. People used to scream at the media to stop following Trump down every rabbit hole he went into. But now you have Trump’s Florida legal team literally digging an underground city of rabbit holes to run around in.

Yesterday I wrote of the mammoth incompetence of Trump’s FL lead counsel, insurance lawyer Lindsey Halligan, who showed up in court on Thursday for the media’s FOIA hearing to unseal the search warrant affidavit, but declined to file a motion to represent Trump on the issue. She wants to wait and see how it turns out before deciding whether to join in. This is like sitting silently while everybody orders dinner, and when the waiter brings the food to the table, telling him to make yours medium rare. If you want in the game, you ante up before the deal.

But now the news is that Trump’s legal team is going to make up for that single miscalculation by offering up a twofer. There are fresh reports out that in the coming days the team plans on filing two motions on the Mar-A-Lago search. And like everything else with this legal Klown Kar, neither can win. One is too early, and one is too late.

The first one is a motion to quash the search warrant and return Trump’s boxes under the 4th Amendment protection against Illegal search and seizure. This is a suitcase with a broken handle, it isn’t going anywhere for two simple reasons.

One, the key word in the 4th Amendment is the word Illegal. But here’s a News Flash the Insurance Lady, That’s what the search warrant is for! The FBI didn’t just bust in the door, they went to court first and got a legal search and seizure warrant from a federal magistrate judge. So much for that fools errand.

Also, as former federal prosecutor Glenn Kirschner pointed out on MSNBC today, Trump does have the right to file that motion, but he can’t do it now. Trump can only file that motion after he’s been indicted, charged, and a trial date set. It’s the trial judge that will hear the plea, and then set a hearing date for formal consideration. Strrrrrike Two

The 2nd proposed motion, if anything, is even dumber than the 1st one. Another one of Trump’s Florida legal beagles, probably a probate attorney, wants to file a motion asking a federal judge to appoint a Special Master to independently go through every seized document for compliance. This is based on the possible inclusion of documents protected by attorney-client privilege,as well as documents protected by executive privilege.

Jesus, Mary, and Joseph. Where to start? Let’s start here, with the timing of the filing. If you remember when the FBI raided Michael Cohen’s home and law office, at the time the judge issued the search warrant, he ordered that everything immediately be turned over to the Special Master for scrubbing before the FBI took possession.

The FBI search of Mar-A-Lago took place two weeks ago this coming Monday. If Trump wanted a Special Master review, the time to make that motion in front of a judge was a week ago last Tuesday, before the FBI got started! Instead, Trump whined and fund raised off of the search. The FBI/DOJ scrub team has already had 12 days with the documents..1 Any of those kittens are long out of the sack.

The second reason it will fail is based on simple common sense. The motion is baseless and trivial. For starters, any papers dealing with Trump’s communications with his private attorney have no business being in those boxes. Those were personal communications not covered by the Presidential Records Act. Any papers dealing with communications between Trump and either the Attorney General or White House Counsel are likewise not protected. Neither of them represent Trump, They represent the United States and the Office of the President respectively.

Reason two, and how often do we have to flog this dead equine? Traitor Tot was not the lawful owner and possessor of those documents. At 12 noon on January 20th, 2021, they became the sole property of the United States government. And as far as executive privilege is concerned, the SCOTUS has already ruled that the privilege rests with Joe Biden, not Donald Trump. And Biden has made it clear he ain’t tossing Trump any freebies.

This is pathetic. The way these people are stumbling around like Inspector Clouseau, it’s clear that they don’t know the difference between a court filing and a court martial. I can’t believe it can get any worse, but I can’t see it getting any better either. Normally, having a former President as a client is a badge of honor for a white shoe law firm. But not this doofus. Trump won’t pay attention to his lawyers, and likely won’t pay them at all. As a result, nobody qualified wants to touch him with a 10′ cattle prod. What a way to run a railroad.