Everything you say can and will be used against you.

Tuesday, April 02, 2019

Part VII: The Mystery of DC & MD v. Trump: Maryland Federal District Court Judge Opining About Non-existent Plaintiffs in Non-existent Case in Florida


The Court finds that Plaintiffs’ claims sweep too broadly. There is good reason why their standing should be recognized vis-à-vis the Hotel in Washington D.C., given the immediate impact on Plaintiffs in respect to the Hotel’s operations. It is a considerable stretch, however, to find the requisite injury-in-fact to these particular Plaintiffs that is traceable to the Trump Organization’s or, through it, the President’s conduct outside the District of Columbia. How indeed, for instance, have Maryland or the District of Columbia suffered and how are they suffering immediate or impending injury as a result of whatever benefits the President might be deriving from foreign and state government patronage at the Trump Organization’s Mar-a-Lago property in Florida or in the grant of patents to the Trump Organization or Trump relatives by China? In this respect, the Court, quite simply, sees neither immediate nor impending harm to Plaintiffs. Hence, the Court finds that these particular Plaintiffs lack standing to challenge the operations of the Trump Organization or the benefits the President may receive from its operations outside the District of Columbia. But to be perfectly clear: The Court reaches this conclusion only with respect to these Plaintiffs and the particular facts of the present case. This is in no way meant to say that other States or other businesses or individuals immediately affected by the same sort of violations alleged in the case at bar, e.g., a major hotel competitor in Palm Beach (near Mar-a-Lago) or indeed a hotel competitor anywhere in the State of Florida, might not have standing to pursue litigation similar to that which is in process here.

Extract from Judge Messitte’s standing-only opinion in: DC & MD v. Trump, Civ. A. No. 8:17-cv-01596-PJM, 2018 WL 1516306, 2018 U.S. Dist. LEXIS 51365, 291 F. Supp. 3d 725, 753 (D. Md. Mar. 28 2018) (Messitte, J.), ECF No. 101, <http://guptawessler.com/wp-content/uploads/2018/03/101-Opinion.pdf> (emphasis added).

Nothing to see here folks, just move along. Judge Messitte, in Maryland, had time to write all that about non-existent plaintiffs’ standing in non-existent cases to be brought in Florida or elsewhere against the President. But, even after 6 months after briefing was finished, Judge Messitte never managed to schedule an oral argument or to otherwise address the President’s motion to dismiss (in his individual capacity), and then Judge Messitte proceeded to launch discovery, notwithstanding his failing to address the motion. Nothing to see here folks, just move along. 

The September 2018 CJRA report is now out. See <https://www.uscourts.gov/sites/default/files/cjra_8_0930.2018_0.pdf>. It lists Judge Messitte as having a single motion overdue, that is, past the target 6-month deadline. In fact, Judge Messitte regularly meets expectations in regard to deciding motions. But for some unidentified reason, the Presidents motion was not decided in a timely fashion. 


Nothing to see here folks, just move along. 

Seth

Welcome Instapundit Readers! 

Seth Barrett Tillman, Part VII: The Mystery of DC & MD v. Trump: Maryland Federal District Court Judge Opining About Non-existent Plaintiffs in Non-existent Case in Florida, New Reform Club (Apr. 2, 2019, 7:23 AM), <https://reformclub.blogspot.com/2019/04/part-vii-they-mystery-of-dc-md-v-trump.html>.


Seth Barrett Tillman, Part VI: DC & MD v Trump—Can the President of the United States get Married or Divorced?New Reform Club (Mar. 20, 2019, 6:34 AM), <https://reformclub.blogspot.com/2019/03/part-vi-dc-md-v-trumpcan-president-of.html>. 

Seth Barrett Tillman, Trump’s 7% PanelNew Reform Club (Mar. 19, 2019, 10:05 AM), <https://reformclub.blogspot.com/2019/03/trumps-7-panel.html>. 

Seth Barrett Tillman, Part V: The Mystery of DC & MD v TrumpNew Reform Club (Mar. 12, 2019, 11:30 AM), <https://reformclub.blogspot.com/2019/03/part-v-mystery-of-dc-md-v-trump.html>.

Seth Barrett Tillman, Part IV: The Mystery of DC & MD v TrumpNew Reform Club (Mar. 11, 2019, 2:04 AM), <https://reformclub.blogspot.com/2019/03/part-iv-mystery-of-dc-md-v-trump.html>.

Seth Barrett Tillman, Part III: The Mystery of DC & MD v TrumpNew Reform Club (Mar. 10, 2019, 7:13 AM), <https://reformclub.blogspot.com/2019/03/part-iii-mystery-of-dc-md-v-trump.html>.

Seth Barrett Tillman, Part II: The Mystery of Senator Richard Blumenthal v. President Donald J TrumpNew Reform Club (Mar. 8, 2019, 1:38 AM), <https://reformclub.blogspot.com/2019/03/part-ii-mystery-of-senator-richard.html>.


For Part I, see: Seth Barrett Tillman, The Mystery of Blumenthal v. TrumpNew Reform Club (Mar. 7, 2019, 2:16 AM), <https://reformclub.blogspot.com/2019/03/the-mystery-of-blumenthal-v-trump.html>. 

I had several filings before Judge Messitte:
Brief for Scholar Seth Barrett Tillman and the Judicial Education Project as Amici Curiae in Support of Neither Party with Respect to Motion to Dismiss on Behalf of Defendant in his Individual Capacity, District of Columbia & State of Maryland v. Donald J. Trump, in his official capacity as President of the United States of America, and in his individual capacity, Civ. A. No. 8:17-cv-01596-PJM (D. Md. May 8, 2018) (Messitte, J.), ECF No. 114, 2018 WL 2159867, 2018 U.S. Dist. Ct. Motions LEXIS 32, <https://ssrn.com/abstract=3174268>, <https://www.scribd.com/document/378704459/DC-and-Maryland-v-Trump-Amicus-brief-of-Seth-Barrett-Tillman-in-Support-of-Neither-Party-with-Respect-to-Individual-Capacity-Motion-to-Dismiss>.

Letter Brief filing Supplemental Authority, from Seth Barrett Tillman and the Judicial Education Project as Amici Curiae in Support of the Defendant, District of Columbia & State of Maryland v. Donald J. Trump, in his official capacity as President of the United States of America, Civ. A. No. 8:17-cv-01596-PJM (D. Md. Mar. 19, 2018) (Messitte, J.), ECF No. 97, <https://www.scribd.com/document/374271648/D-C-and-Maryland-v-Trump-Notice-of-Supplemental-Authority-3-19-18>, <https://ssrn.com/abstract=3141732>.

Letter Brief, from Seth Barrett Tillman and the Judicial Education Project as Amici Curiae in Support of the Defendant, Seeking an Order in regard to Plaintiffs’ Motion to Amend the Complaint, District of Columbia & State of Maryland v. Donald J. Trump, in his official capacity as President of the United States of America, Civ. A. No. 8:17-cv-01596-PJM (D. Md. Jan. 29, 2018) (Messitte, J.), ECF No. 88, 2018 WL 1128948, <https://www.scribd.com/document/370301834/Maryland-v-Trump-Correspondence-1-29-18>, <https://ssrn.com/abstract=3112896>.

Corrected Response [Brief] of Scholar Seth Barrett Tillman and the Judicial Education Project as Amici Curiae in Support of the Defendant, District of Columbia & State of Maryland v. Donald J. Trump, in his official capacity as President of the United States of America, Civ. A. No. 8:17-cv-01596-PJM (D. Md. Dec. 31, 2017) (Messitte, J.), ECF No. 77, 2017 WL 6880026, 2017 U.S. Dist. Ct. Motions LEXIS 466, <https://ssrn.com/abstract=3089868>.

Motion and Brief for Scholar Seth Barrett Tillman and the Judicial Education Project as Amici Curiae in Support of the Defendant, District of Columbia & Maryland v. Donald J. Trump, in his official capacity as President of the United States of America, Civ. A. No. 8:17-cv-01596-PJM (D. Md. Oct. 6, 2017) (Messitte, J.), ECF No. 27-1, 2017 WL 4685826, 2017 U.S. Dist. Ct. Briefs LEXIS 410, <https://ssrn.com/abstract=2996355>.






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