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I am above the Law & screw the Constitution too UPDATED x2

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Posted on May 14 2019

updated 5/20/2019 at 6:10PM:

Judge Mehta DENIES Trump’s Request Mazar Subpoena STANDS. Give me an hour or so to read through the Judge’s Memorandum Opinion..

Updated 4/14/2019 12:41AM (see bottom of entry)

Update 4/14/2019 11:51AM - to include a real time twitter thread of today’s hearing.



An 11th Hour Hail Mary by Trump


Over a year ago, I casually tweeted, will want to keep any eye on Trump’s Accountants because there’s zero Attorney Client Privilege unless you have a Tax Attorney doing your taxes.


You might find this write up a decent starting point as it relates to Trump v Mazars. For your edification I will refer to this matter as:

 Case 1:19-cv-01136-APM


Here’s a pretty simple question that you should ask yourself:




A few hours ago Team-Trump decided to go full Donald. Granted I’m also intellectually exhausted (Monday’s are the worst) so my usual pragmatism is next to less than zero. essentially wanting in both ways. When a Plaintiff filed suit, they must do so “in good faith” meaning their complaint should not be frivolous or an attempt to weaponize our judicial system. People forget that Donald Trump mentor was Roy Cohn. If you know anything about their decades long relationship it can be distilled down to these three points:



      1. Mobs gotta Mob
      2. Litigate your opponent into financial insolvency 
      3. Obfuscate. Deflect. Distract. And then feign victim





Trump’s Response to the Court’s Order of Consolidation, and proposed ruling on the merits of Trump’s complaint. The hearing was docketed last week. I assume Trump and his literal army of attorneys have the same access to the Court’s ECF system. Apologies I digressed for a moment. Although it is unclear why Trump’s team is now (at the proverbial & literal) 11th hour hyperventilating, feigning total hysteria and now claiming the Court fast tracking Trump’s Complaint will cause them irreparable harm.


I took the liberty of annotating the first page <snort> because reading more legal briefs at almost 11PM on a Monday is exactly what I want to be doing...NYET. 


I mean the opening salvo of Trump’s filing is, well it’s adorable, that I -almost- feel sorry for Trump...I this is bad.



“Because the hearing is tomorrow, the Court’s consolidation will force Plaintiffs to try their case on only four days’ notice, with no discovery, with little opportunity to assemble evidence, before Defendants have filed a single pleading, with no idea which facts are actually in dispute, and without a round of briefing focused on
the merits.”


SpicyFiles Translation: holy shittlestix, the Judge was totally serious in his minute order that he was for realz going to rule on the merits of Trump’s bullshit Complaint. “Oh. My. God. I’m so F*cked”. Goddamnit I thought we’d have a few more weeks to magically make our weak AF Complaint ”more goodly” On a more serious note, this is why you do not file a frivolous Complaint because the vast majority of the time the Court will call your bluff.


Literally Trump wants to have tomorrow’s hearing canceled or have the “scope” extremely limited. I don’t know what planet Team-Trump thinks it’s on but this is awkwardly embarrassing. As a Plaintiff it is your job to ensure you have a well throughout Complaint and have precedence on your side. This is literally 1st year law school aka best practices.  




Rule 65. Injunctions and Restraining Orders

(a) Preliminary Injunction.

(1) Notice. The court may issue a preliminary injunction only on notice to the adverse party.

(2) Consolidating the Hearing with the Trial on the Merits. Before or after beginning the hearing on a motion for a preliminary injunction, the court may advance the trial on the merits and consolidate it with the hearing. Even when consolidation is not ordered, evidence that is received on the motion and that would be admissible at trial becomes part of the trial record and need not be repeated at trial. But the court must preserve any party's right to a jury trial. (emphasis added)


And then Team Trump (TT) acknowledge that the Court can consolidate even at the preliminary injunction “phase”. There are multiple critical points that I would argue are fatally flawed. TT seem to forget that their initial filing...


The reason I am asserting that TT’s Filing is fatally flawed is it’s as if they are selectively picking which aspects of their original complaint they want the Court to focus on. (sorry for yelling) DO. YOU. THINK. WE. ARE. THAT. DUMB.?


1) TT’s filing actually offers zero arguments on the prerequisite “likelihood of success” meritorious or not.


2) TT new “claim” is he “alone” actually “owns” his records, going as far as to intimate that Mazars isn’t the rightful “owner” and/or “custodian” of Trump Financial Records.


3) last but certainly not least, I now refer you to pages 13 and 14 of the original Complaint and prayer of relief. Trump not only wants to overtly usurping  the CONSTITUTIONAL AUTHORITY of Congress. He also wants the Court to rule in his favor, thereby barring Chairman Cummings’ explicit authority to issue any  future subpoenas. And oh everyone overlooked that Trump requested relief in the form of a TRO. Pursuant to DC Local Rules, when a party requests a TRO and preliminary injunction, local rules dictate Which reads in part:



Always know your local rules:

I now refer you to pages 65 and 66 of DC-Local-Rules:

Re Preliminary Injunction:

“moving party together with a statement of the facts which make expedition essential, a hearing on an application for preliminary injunction shall be set by the Court no later than 21 days after its filing,



Consovoy’s Declaration was filed about 45 minutes after the Response to Court’s Order. This is why I continue to chant, always read the footnotes and exhibits. You can actually read the (unredacted)  Mazars Subpoenas via Pages 21 & 22. It’s also worth noting that the Declaration has at least 4 Congressional Letters, statements from Jim Jordan & Chairman Cummings and a slew of “articles”. I suppose to could make some random “fake news” comment but what’s the point. We all know Trump lies far more than the average human drinks water. Again my SOP with Trump is ignore his twitter feed and pay attention to his actions.



Congress’ response...

 When the law and Constitution are on your side, there’s really no reason to file legalese word salad (because that’s exactly what Team Trump filed). As the saying goes: sometimes less is more:


The Committee agrees with the Court’s conclusion that a final, merits determination is appropriate at this juncture....


This matter exclusively involves questions of law, and discovery is neither necessary nor permitted. See, e.g., U.S. Const., art. 1, § 6, cl. 1;




So today should be another excellent INFRASTRUCTURE’s hard to make an educated guess on how the Judge will rule but I have an extremely difficult time seeing how Trump will prevail, merits aside.

What I feel comfortable saying is:

  • the Court is likely to deny Trump’s Temporary Restraining Order.
  • also unlikely that the Court would grant any part of Trump’s relief, specifically subparagraphs; a, b, c in totality.
  • the Court -might- narrow the scope of the House Oversight Subpoena 


To properly set your expectations I’m going to be super slammed at work. I might not push a blog entry until after COB...On a semi related matter, it is weird how productive I have been as of late. Oddly I’ve also found myself in a much better mood. I guess there’s a silver lining for the twerps fratting me off Twitter...

xo SpicyFiles 


(UPDATED 4/14/2019 12:43AM)


Shortly before this entry was published a Minute Order was uploaded to this case docket. As the Trump filing stated they asked the Court to Cancel Today’s hearing. To wit the Court informed all parties that the hearing “will proceed” and as a potential compromise, the Court will take up the Arguments Trump cited in his response to the Court.



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  • Joyce T Ferreira: May 15, 2019

    Thank you!!!

  • SDB: May 14, 2019


    Nice write up, I only wish you could live tweet it for us.
    Miss you. Lurve you. Mean it!

  • Donna Rohde: May 14, 2019

    God I love Spicy files!

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