Author: TSA Press

WASHINGTON
—
The
final
rule
for
the
long-awaited

Cybersecurity
Maturity
Model
Certification
(CMMC)
2.0,
which
sets
new
standards
for
contractors
who
handle

controlled
unclassified
information
(CIU),
was
released
today
for
public
inspection
and
will
hit
the
federal
register
on
Oct.
15. 

Starting
in
2025,
the
Department
of
Defense
will
begin
to

implement
its
requirement
that
all
defense
contractors
be
CMMC
compliant
at
the
time
a
contract
is
awarded.
However,
in
order
to
avoid
a
scramble
to
meet
the
new
regulations
with
little
notice,
those
requirements
will
become
mandatory
after
a
three-year
phase-in
period.

“The
DoD’s
follow-on
Defense
Federal
Acquisition
Regulation
Supplement
(DFARS)
rule
change
to
contractually
implement
the
CMMC
Program
will
be
published
in
early
to
mid-2025,”
a
DoD
press
release
said. 

The
main
change
from
CMMC
1.0
to
2.0
is
that
CMMC
1.0
had
a
five-level
scale
for
compliance,
while
CMMC
2.0
has
a
three-level
scale.
Additionally,
a
third-party
assessment
is
being
introduced
depending
on
the
level
of
CUI
a
contractor
handles. 

Contractors
at
Level
1,
who
handle
“basic”
protection
of
CUI
and
some
contractors
at
Level
2
who
handle
“general”
CUI
protection
can
undergo
self-assessments
to
ensure
they
are
CMMC
compliant.
The
remaining
contractors
who
classify
as
Level
2
and
all
Level
3
contractors
have
to
undergo
a
third-party
assessment.
Additionally,
the
new
rule

also
“clearly
identifies”
all
24
security
controls
from
NIST
SP
800-172
requirements
mandated
for
CMMC
Level
3
certification. 

A
recent


study
reported
by
Breaking
Defense

showed
that
there
was
a
notable
discrepancy
between
companies
who
completed
self-assessments
and
those
who
obtained
third-party
assessments:
only
4
percent
of
respondents
were
actually
CMMC
compliant
based
on
third-party
assessments,
but
75
percent
thought
they
were
based
on
self-assessments.

Furthermore, today’s
release
confirmed
that

contractors
have
to
adhere
to
controls
set
by
the
National
Institute
of
Standards
and
Technology
(NIST)
Special
Publication
(SP)
800-171.

“CMMC
provides
the
tools
to
hold
accountable
entities
or
individuals
that
put
U.S.
information
or
systems
at
risk
by
knowingly
misrepresenting
their
cybersecurity
practices
or
protocols,
or
knowingly
violating
obligations
to
monitor
and
report
cybersecurity
incidents
and
breaches,”
the
press
release
stated.
The
CMMC
program
“implements
an
annual
affirmation
requirement
that
is
a
key
element
for
monitoring
and
enforcing
accountability
of
a
company’s
cybersecurity
status.” 

Officials
have
been
teasing
CMMC
2.0
since
November
2019
as
an
updated
version
of
CMMC
1.0.
The
new
model
was
designed
to

reduce
complexity
by
eliminating
unique
processes
and
security
practices
that
industry
sees
as
redundant
and
costly,


David
McKeown,

Deputy
Chief
Information
Officer
for
Cybersecurity
and
Senior
Information
Security
Officer
at
the
Department
of
Defense.


said
back
in
June. 

Donald
Trump’s
lawyers
were

comin’
in
hot
last
night
at
the
Second
Circuit.

The
underlying
proceedings
arise
from
a
politically
motivated
investigation
by
the
Manhattan
District
Attorney’s
Office
(“DANY”),
dubbed
the
“zombie
case”
by
former
Special
Assistant
District
Attorney
Mark
Pomerantz
because
DANY
refused
to
abandon
efforts
to
target
President
Trump
until
star
witness,
felon,
and
serial
perjurer
Michael
Cohen-bolstered
by
other
financially
motivated
witnesses
such
as
Stormy
Daniels-concocted
the
type
of
false
and
implausible
story
President
Trump’s
political
opponents
wanted
to
hear.

If
they
have
a
non-insane
argument,
Trump’s
lawyers
Todd
Blanche
and
Emil
Bove
risk
burying
it
under
a
steaming
pile
of
unrelated
invective
in
a
brief
that
runs
to
79
pages,
with
four
appendices.
If
they

don’t
have
a
non-insane
argument,
well
…
this
is
exactly
how
they’d
proceed,
right?

What
they
want
is
for
the
Circuit
Court
to
swoop
in
and
remove
the
case
to
federal
court,
despite
the
fact
that
a
jury
found
Trump
guilty
in
May
of
creating
false
business
records
to
cover
up
the
hush
money
payment
to
Stormy
Daniels,
and
the

federal
removal
statute
requires
notice
of
removal
within
30
days
of
arraignment.

Indeed,
Trump
did
try
to
remove
the
case
to
the
Southern
District
of
New
York
in
timely
fashion
back
in
2023,
only
to
be

unceremoniously
booted
by
Judge
Alvin
Hellerstein,
who
found
that
making
false
“retainer”
payments
to
a
lawyer
to
reimburse
him
for
money
fronted
to
a
porn
star
prior
to
election
was
not
part
of
his
official
presidential
duties.
The
law
does
allow
a
criminal
defendant
to
move
for
removal
at
a
later
date
“for
good
cause
shown,”
but
in
a
desperate
bid
to
fend
off
sentencing,
Trump
simply
docketed
a
second
removal
notice
in
August
without
leave
of
the
court.
After
the
clerk
removed
the
notice,
Blanche
and
Bove
restyled
their
motion
as
a
petition.

They
argued
that
Justice
Merchan
was
biased,
that
he
had
improperly
allowed
the
use
of
impermissible
evidence
under

Trump
v.
US,
and
that
the
conduct
at
issue
was
part
of
his
official
presidential
duties,
and
thus
immune
from
prosecution.
In
fact,
these
arguments
are
all
being
considered
by
state
appellate
courts
in
New
York,
as
Judge
Hellerstein
noted
a
day
later
when
he
summarily

dismissed
their
motion.

But
this
did
not
deter
Trump’s
lawyers,
who
gamely
repeated
them
last
night,
while
complaining
about
the
trial
judge’s
“rushed
and
conclusory
summary
remand
order
issued
without
adversarial
briefing
or
a
required
hearing.”

Not
to
put
too
fine
a
point
on
it,
but
that
is
BULLSHIT.

Under
28
USC
§
1455(b)(2):

A
notice
of
removal
of
a
criminal
prosecution
shall
include
all
grounds
for
such
removal.
A
failure
to state grounds
that
exist
at
the
time
of
the
filing
of
the
notice
shall
constitute
a
waiver
of
such
grounds,
and
a
second
notice
may
be
filed
only
on
grounds
not
existing
at
the
time
of
the
original
notice.
For
good
cause
shown,
the
United States district
court
may
grant
relief
from
the
limitations
of
this
paragraph.

Trump
was
entitled
to

and
got
a
hearing
and
full
briefing
on
his
original
removal
petition
back
in
2023,

and
he
lost.
The
Supreme
Court’s
intervening
immunity
ruling
may
yet
blow
up
the
verdict,
since
testimony
by
White
House
aide
Hope
Hicks
might
have
been
inadmissible;
but
that’s
got
nothing
to
do
with
the
underlying
conduct,
which
Judge
Hellerstein
already
found
was
purely
personal.

Trump
was
not
entitled
to
a
second,
post-conviction
bite
at
the
apple,
much
less
a
second
round
of
briefing
and
a
“required
hearing,”
absent
a
judicial
finding
of
“good
cause.”
And
two
former
federal
prosecutors
bloody
well
know
that. 

After
Justice
Merchan
postponed
Trump’s
sentencing
until
after
the
election,
the
Second
Circuit

denied
his
emergency
stay
motion.
That
panel
was
made
up
of
Judge
Michael
Park,
one
of
the
FedSoc
babies
installed
on
a
party-line
vote,
Judge
Lohier,
who
was
appointed
by
Obama
to
fill
the
seat
vacated
by
Justice
Sotomayor,
and
senior
Judge
John
Walker,
who
was
originally
appointed
to
the
Southern
District
of
New
York
by
Ronald
Reagan.
Perhaps
they
will
be
more
receptive
to
his
claims
that
it
should
snatch
the
case
from
state
courts
because
his
lawyers
take
several
hundred
pages
to
shout

TRUMP
V.
US
CHANGED
EVERYTHING.

Or
perhaps
not.

People
of
The
State
of
New
York
v.
Trump
[District
Docket
via
Court
Listener]

People
of
The
State
of
New
York
v.
Trump
[Circuit
Docket
via
Court
Listener]

---

Liz
Dye lives
in
Baltimore
where
she
produces
the
Law
and
Chaos substack and podcast.

Donald
Trump’s
lawyers
were

comin’
in
hot
last
night
at
the
Second
Circuit.

The
underlying
proceedings
arise
from
a
politically
motivated
investigation
by
the
Manhattan
District
Attorney’s
Office
(“DANY”),
dubbed
the
“zombie
case”
by
former
Special
Assistant
District
Attorney
Mark
Pomerantz
because
DANY
refused
to
abandon
efforts
to
target
President
Trump
until
star
witness,
felon,
and
serial
perjurer
Michael
Cohen-bolstered
by
other
financially
motivated
witnesses
such
as
Stormy
Daniels-concocted
the
type
of
false
and
implausible
story
President
Trump’s
political
opponents
wanted
to
hear.

If
they
have
a
non-insane
argument,
Trump’s
lawyers
Todd
Blanche
and
Emil
Bove
risk
burying
it
under
a
steaming
pile
of
unrelated
invective
in
a
brief
that
runs
to
79
pages,
with
four
appendices.
If
they

don’t
have
a
non-insane
argument,
well
…
this
is
exactly
how
they’d
proceed,
right?

What
they
want
is
for
the
Circuit
Court
to
swoop
in
and
remove
the
case
to
federal
court,
despite
the
fact
that
a
jury
found
Trump
guilty
in
May
of
creating
false
business
records
to
cover
up
the
hush
money
payment
to
Stormy
Daniels,
and
the

federal
removal
statute
requires
notice
of
removal
within
30
days
of
arraignment.

Indeed,
Trump
did
try
to
remove
the
case
to
the
Southern
District
of
New
York
in
timely
fashion
back
in
2023,
only
to
be

unceremoniously
booted
by
Judge
Alvin
Hellerstein,
who
found
that
making
false
“retainer”
payments
to
a
lawyer
to
reimburse
him
for
money
fronted
to
a
porn
star
prior
to
election
was
not
part
of
his
official
presidential
duties.
The
law
does
allow
a
criminal
defendant
to
move
for
removal
at
a
later
date
“for
good
cause
shown,”
but
in
a
desperate
bid
to
fend
off
sentencing,
Trump
simply
docketed
a
second
removal
notice
in
August
without
leave
of
the
court.
After
the
clerk
removed
the
notice,
Blanche
and
Bove
restyled
their
motion
as
a
petition.

They
argued
that
Justice
Merchan
was
biased,
that
he
had
improperly
allowed
the
use
of
impermissible
evidence
under

Trump
v.
US,
and
that
the
conduct
at
issue
was
part
of
his
official
presidential
duties,
and
thus
immune
from
prosecution.
In
fact,
these
arguments
are
all
being
considered
by
state
appellate
courts
in
New
York,
as
Judge
Hellerstein
noted
a
day
later
when
he
summarily

dismissed
their
motion.

But
this
did
not
deter
Trump’s
lawyers,
who
gamely
repeated
them
last
night,
while
complaining
about
the
trial
judge’s
“rushed
and
conclusory
summary
remand
order
issued
without
adversarial
briefing
or
a
required
hearing.”

Not
to
put
too
fine
a
point
on
it,
but
that
is
BULLSHIT.

Under
28
USC
§
1455(b)(2):

A
notice
of
removal
of
a
criminal
prosecution
shall
include
all
grounds
for
such
removal.
A
failure
to state grounds
that
exist
at
the
time
of
the
filing
of
the
notice
shall
constitute
a
waiver
of
such
grounds,
and
a
second
notice
may
be
filed
only
on
grounds
not
existing
at
the
time
of
the
original
notice.
For
good
cause
shown,
the
United States district
court
may
grant
relief
from
the
limitations
of
this
paragraph.

Trump
was
entitled
to

and
got
a
hearing
and
full
briefing
on
his
original
removal
petition
back
in
2023,

and
he
lost.
The
Supreme
Court’s
intervening
immunity
ruling
may
yet
blow
up
the
verdict,
since
testimony
by
White
House
aide
Hope
Hicks
might
have
been
inadmissible;
but
that’s
got
nothing
to
do
with
the
underlying
conduct,
which
Judge
Hellerstein
already
found
was
purely
personal.

Trump
was
not
entitled
to
a
second,
post-conviction
bite
at
the
apple,
much
less
a
second
round
of
briefing
and
a
“required
hearing,”
absent
a
judicial
finding
of
“good
cause.”
And
two
former
federal
prosecutors
bloody
well
know
that. 

After
Justice
Merchan
postponed
Trump’s
sentencing
until
after
the
election,
the
Second
Circuit

denied
his
emergency
stay
motion.
That
panel
was
made
up
of
Judge
Michael
Park,
one
of
the
FedSoc
babies
installed
on
a
party-line
vote,
Judge
Lohier,
who
was
appointed
by
Obama
to
fill
the
seat
vacated
by
Justice
Sotomayor,
and
senior
Judge
John
Walker,
who
was
originally
appointed
to
the
Southern
District
of
New
York
by
Ronald
Reagan.
Perhaps
they
will
be
more
receptive
to
his
claims
that
it
should
snatch
the
case
from
state
courts
because
his
lawyers
take
several
hundred
pages
to
shout

TRUMP
V.
US
CHANGED
EVERYTHING.

Or
perhaps
not.

People
of
The
State
of
New
York
v.
Trump
[District
Docket
via
Court
Listener]

People
of
The
State
of
New
York
v.
Trump
[Circuit
Docket
via
Court
Listener]

---

Liz
Dye lives
in
Baltimore
where
she
produces
the
Law
and
Chaos substack and podcast.

*
Gorsuch’s
new
book
presents
factually
inaccurate
record
to
advance
political
agenda.
Not
really
a
shocker
—
in

Bremerton
v.
Kennedy
the
dissent
explicitly
calls
him
out
for
his
propensity
for
making
up
facts.
[Politico]

*
Biglaw
firms
are
increasingly
suing
clients
over
unpaid
bills.
[New
York
Law
Journal]

*
Judge
Reed
O’Connor
is
overseeing
the
DOJ-Boeing
settlement
that
raises
real
questions
over
the
government
offering
a
sweetheart
deal
to
protect
a
company
from
a
damaging
trial
over
the
deadly
results
of
its
greedy
cost-cutting
measures.
So
obviously
O’Connor’s
biggest
concern
is
if
the
DOJ’s
proposed
independent
monitor
was
chosen
by
DEI
policies.
[Reuters]

*
Judge
in
trouble
for
ordering
restitution
that
went
to
himself
in
case
involving
damage
to
his
truck.
Judges
can’t
preside
over
cases
where
they
have
a
personal
financial
interest!
Who
does
this
guy
think
he
is,
a
Supreme
Court
justice?
[ABA
Journal]

*
Uncle
Luke
testifies
that
2
Live
Crew
songs
weren’t
works
for
hire…
unlike
Miami
football
in
the
90s,
amirite?
[Law360]

*
Everything
we
learn
about
the
RFK
Jr-Olivia
Nuzzi-Ryan
Lizza
situation
is
against
our
will.
[Daily
Beast]

*
Fortress
becomes
big
player
in
litigation
finance.
[Bloomberg
Law
News]

Donald
Trump’s
lawyers
were

comin’
in
hot
last
night
at
the
Second
Circuit.

The
underlying
proceedings
arise
from
a
politically
motivated
investigation
by
the
Manhattan
District
Attorney’s
Office
(“DANY”),
dubbed
the
“zombie
case”
by
former
Special
Assistant
District
Attorney
Mark
Pomerantz
because
DANY
refused
to
abandon
efforts
to
target
President
Trump
until
star
witness,
felon,
and
serial
perjurer
Michael
Cohen-bolstered
by
other
financially
motivated
witnesses
such
as
Stormy
Daniels-concocted
the
type
of
false
and
implausible
story
President
Trump’s
political
opponents
wanted
to
hear.

If
they
have
a
non-insane
argument,
Trump’s
lawyers
Todd
Blanche
and
Emil
Bove
risk
burying
it
under
a
steaming
pile
of
unrelated
invective
in
a
brief
that
runs
to
79
pages,
with
four
appendices.
If
they

don’t
have
a
non-insane
argument,
well
…
this
is
exactly
how
they’d
proceed,
right?

What
they
want
is
for
the
Circuit
Court
to
swoop
in
and
remove
the
case
to
federal
court,
despite
the
fact
that
a
jury
found
Trump
guilty
in
May
of
creating
false
business
records
to
cover
up
the
hush
money
payment
to
Stormy
Daniels,
and
the

federal
removal
statute
requires
notice
of
removal
within
30
days
of
arraignment.

Indeed,
Trump
did
try
to
remove
the
case
to
the
Southern
District
of
New
York
in
timely
fashion
back
in
2023,
only
to
be

unceremoniously
booted
by
Judge
Alvin
Hellerstein,
who
found
that
making
false
“retainer”
payments
to
a
lawyer
to
reimburse
him
for
money
fronted
to
a
porn
star
prior
to
election
was
not
part
of
his
official
presidential
duties.
The
law
does
allow
a
criminal
defendant
to
move
for
removal
at
a
later
date
“for
good
cause
shown,”
but
in
a
desperate
bid
to
fend
off
sentencing,
Trump
simply
docketed
a
second
removal
notice
in
August
without
leave
of
the
court.
After
the
clerk
removed
the
notice,
Blanche
and
Bove
restyled
their
motion
as
a
petition.

They
argued
that
Justice
Merchan
was
biased,
that
he
had
improperly
allowed
the
use
of
impermissible
evidence
under

Trump
v.
US,
and
that
the
conduct
at
issue
was
part
of
his
official
presidential
duties,
and
thus
immune
from
prosecution.
In
fact,
these
arguments
are
all
being
considered
by
state
appellate
courts
in
New
York,
as
Judge
Hellerstein
noted
a
day
later
when
he
summarily

dismissed
their
motion.

But
this
did
not
deter
Trump’s
lawyers,
who
gamely
repeated
them
last
night,
while
complaining
about
the
trial
judge’s
“rushed
and
conclusory
summary
remand
order
issued
without
adversarial
briefing
or
a
required
hearing.”

Not
to
put
too
fine
a
point
on
it,
but
that
is
BULLSHIT.

Under
28
USC
§
1455(b)(2):

A
notice
of
removal
of
a
criminal
prosecution
shall
include
all
grounds
for
such
removal.
A
failure
to state grounds
that
exist
at
the
time
of
the
filing
of
the
notice
shall
constitute
a
waiver
of
such
grounds,
and
a
second
notice
may
be
filed
only
on
grounds
not
existing
at
the
time
of
the
original
notice.
For
good
cause
shown,
the
United States district
court
may
grant
relief
from
the
limitations
of
this
paragraph.

Trump
was
entitled
to

and
got
a
hearing
and
full
briefing
on
his
original
removal
petition
back
in
2023,

and
he
lost.
The
Supreme
Court’s
intervening
immunity
ruling
may
yet
blow
up
the
verdict,
since
testimony
by
White
House
aide
Hope
Hicks
might
have
been
inadmissible;
but
that’s
got
nothing
to
do
with
the
underlying
conduct,
which
Judge
Hellerstein
already
found
was
purely
personal.

Trump
was
not
entitled
to
a
second,
post-conviction
bite
at
the
apple,
much
less
a
second
round
of
briefing
and
a
“required
hearing,”
absent
a
judicial
finding
of
“good
cause.”
And
two
former
federal
prosecutors
bloody
well
know
that. 

After
Justice
Merchan
postponed
Trump’s
sentencing
until
after
the
election,
the
Second
Circuit

denied
his
emergency
stay
motion.
That
panel
was
made
up
of
Judge
Michael
Park,
one
of
the
FedSoc
babies
installed
on
a
party-line
vote,
Judge
Lohier,
who
was
appointed
by
Obama
to
fill
the
seat
vacated
by
Justice
Sotomayor,
and
senior
Judge
John
Walker,
who
was
originally
appointed
to
the
Southern
District
of
New
York
by
Ronald
Reagan.
Perhaps
they
will
be
more
receptive
to
his
claims
that
it
should
snatch
the
case
from
state
courts
because
his
lawyers
take
several
hundred
pages
to
shout

TRUMP
V.
US
CHANGED
EVERYTHING.

Or
perhaps
not.

People
of
The
State
of
New
York
v.
Trump
[District
Docket
via
Court
Listener]

People
of
The
State
of
New
York
v.
Trump
[Circuit
Docket
via
Court
Listener]

---

Liz
Dye lives
in
Baltimore
where
she
produces
the
Law
and
Chaos substack and podcast.

Donald
Trump’s
lawyers
were

comin’
in
hot
last
night
at
the
Second
Circuit.

The
underlying
proceedings
arise
from
a
politically
motivated
investigation
by
the
Manhattan
District
Attorney’s
Office
(“DANY”),
dubbed
the
“zombie
case”
by
former
Special
Assistant
District
Attorney
Mark
Pomerantz
because
DANY
refused
to
abandon
efforts
to
target
President
Trump
until
star
witness,
felon,
and
serial
perjurer
Michael
Cohen-bolstered
by
other
financially
motivated
witnesses
such
as
Stormy
Daniels-concocted
the
type
of
false
and
implausible
story
President
Trump’s
political
opponents
wanted
to
hear.

If
they
have
a
non-insane
argument,
Trump’s
lawyers
Todd
Blanche
and
Emil
Bove
risk
burying
it
under
a
steaming
pile
of
unrelated
invective
in
a
brief
that
runs
to
79
pages,
with
four
appendices.
If
they

don’t
have
a
non-insane
argument,
well
…
this
is
exactly
how
they’d
proceed,
right?

What
they
want
is
for
the
Circuit
Court
to
swoop
in
and
remove
the
case
to
federal
court,
despite
the
fact
that
a
jury
found
Trump
guilty
in
May
of
creating
false
business
records
to
cover
up
the
hush
money
payment
to
Stormy
Daniels,
and
the

federal
removal
statute
requires
notice
of
removal
within
30
days
of
arraignment.

Indeed,
Trump
did
try
to
remove
the
case
to
the
Southern
District
of
New
York
in
timely
fashion
back
in
2023,
only
to
be

unceremoniously
booted
by
Judge
Alvin
Hellerstein,
who
found
that
making
false
“retainer”
payments
to
a
lawyer
to
reimburse
him
for
money
fronted
to
a
porn
star
prior
to
election
was
not
part
of
his
official
presidential
duties.
The
law
does
allow
a
criminal
defendant
to
move
for
removal
at
a
later
date
“for
good
cause
shown,”
but
in
a
desperate
bid
to
fend
off
sentencing,
Trump
simply
docketed
a
second
removal
notice
in
August
without
leave
of
the
court.
After
the
clerk
removed
the
notice,
Blanche
and
Bove
restyled
their
motion
as
a
petition.

They
argued
that
Justice
Merchan
was
biased,
that
he
had
improperly
allowed
the
use
of
impermissible
evidence
under

Trump
v.
US,
and
that
the
conduct
at
issue
was
part
of
his
official
presidential
duties,
and
thus
immune
from
prosecution.
In
fact,
these
arguments
are
all
being
considered
by
state
appellate
courts
in
New
York,
as
Judge
Hellerstein
noted
a
day
later
when
he
summarily

dismissed
their
motion.

But
this
did
not
deter
Trump’s
lawyers,
who
gamely
repeated
them
last
night,
while
complaining
about
the
trial
judge’s
“rushed
and
conclusory
summary
remand
order
issued
without
adversarial
briefing
or
a
required
hearing.”

Not
to
put
too
fine
a
point
on
it,
but
that
is
BULLSHIT.

Under
28
USC
§
1455(b)(2):

A
notice
of
removal
of
a
criminal
prosecution
shall
include
all
grounds
for
such
removal.
A
failure
to state grounds
that
exist
at
the
time
of
the
filing
of
the
notice
shall
constitute
a
waiver
of
such
grounds,
and
a
second
notice
may
be
filed
only
on
grounds
not
existing
at
the
time
of
the
original
notice.
For
good
cause
shown,
the
United States district
court
may
grant
relief
from
the
limitations
of
this
paragraph.

Trump
was
entitled
to

and
got
a
hearing
and
full
briefing
on
his
original
removal
petition
back
in
2023,

and
he
lost.
The
Supreme
Court’s
intervening
immunity
ruling
may
yet
blow
up
the
verdict,
since
testimony
by
White
House
aide
Hope
Hicks
might
have
been
inadmissible;
but
that’s
got
nothing
to
do
with
the
underlying
conduct,
which
Judge
Hellerstein
already
found
was
purely
personal.

Trump
was
not
entitled
to
a
second,
post-conviction
bite
at
the
apple,
much
less
a
second
round
of
briefing
and
a
“required
hearing,”
absent
a
judicial
finding
of
“good
cause.”
And
two
former
federal
prosecutors
bloody
well
know
that. 

After
Justice
Merchan
postponed
Trump’s
sentencing
until
after
the
election,
the
Second
Circuit

denied
his
emergency
stay
motion.
That
panel
was
made
up
of
Judge
Michael
Park,
one
of
the
FedSoc
babies
installed
on
a
party-line
vote,
Judge
Lohier,
who
was
appointed
by
Obama
to
fill
the
seat
vacated
by
Justice
Sotomayor,
and
senior
Judge
John
Walker,
who
was
originally
appointed
to
the
Southern
District
of
New
York
by
Ronald
Reagan.
Perhaps
they
will
be
more
receptive
to
his
claims
that
it
should
snatch
the
case
from
state
courts
because
his
lawyers
take
several
hundred
pages
to
shout

TRUMP
V.
US
CHANGED
EVERYTHING.

Or
perhaps
not.

People
of
The
State
of
New
York
v.
Trump
[District
Docket
via
Court
Listener]

People
of
The
State
of
New
York
v.
Trump
[Circuit
Docket
via
Court
Listener]

---

Liz
Dye lives
in
Baltimore
where
she
produces
the
Law
and
Chaos substack and podcast.

Donald
Trump’s
lawyers
were

comin’
in
hot
last
night
at
the
Second
Circuit.

The
underlying
proceedings
arise
from
a
politically
motivated
investigation
by
the
Manhattan
District
Attorney’s
Office
(“DANY”),
dubbed
the
“zombie
case”
by
former
Special
Assistant
District
Attorney
Mark
Pomerantz
because
DANY
refused
to
abandon
efforts
to
target
President
Trump
until
star
witness,
felon,
and
serial
perjurer
Michael
Cohen-bolstered
by
other
financially
motivated
witnesses
such
as
Stormy
Daniels-concocted
the
type
of
false
and
implausible
story
President
Trump’s
political
opponents
wanted
to
hear.

If
they
have
a
non-insane
argument,
Trump’s
lawyers
Todd
Blanche
and
Emil
Bove
risk
burying
it
under
a
steaming
pile
of
unrelated
invective
in
a
brief
that
runs
to
79
pages,
with
four
appendices.
If
they

don’t
have
a
non-insane
argument,
well
…
this
is
exactly
how
they’d
proceed,
right?

What
they
want
is
for
the
Circuit
Court
to
swoop
in
and
remove
the
case
to
federal
court,
despite
the
fact
that
a
jury
found
Trump
guilty
in
May
of
creating
false
business
records
to
cover
up
the
hush
money
payment
to
Stormy
Daniels,
and
the

federal
removal
statute
requires
notice
of
removal
within
30
days
of
arraignment.

Indeed,
Trump
did
try
to
remove
the
case
to
the
Southern
District
of
New
York
in
timely
fashion
back
in
2023,
only
to
be

unceremoniously
booted
by
Judge
Alvin
Hellerstein,
who
found
that
making
false
“retainer”
payments
to
a
lawyer
to
reimburse
him
for
money
fronted
to
a
porn
star
prior
to
election
was
not
part
of
his
official
presidential
duties.
The
law
does
allow
a
criminal
defendant
to
move
for
removal
at
a
later
date
“for
good
cause
shown,”
but
in
a
desperate
bid
to
fend
off
sentencing,
Trump
simply
docketed
a
second
removal
notice
in
August
without
leave
of
the
court.
After
the
clerk
removed
the
notice,
Blanche
and
Bove
restyled
their
motion
as
a
petition.

They
argued
that
Justice
Merchan
was
biased,
that
he
had
improperly
allowed
the
use
of
impermissible
evidence
under

Trump
v.
US,
and
that
the
conduct
at
issue
was
part
of
his
official
presidential
duties,
and
thus
immune
from
prosecution.
In
fact,
these
arguments
are
all
being
considered
by
state
appellate
courts
in
New
York,
as
Judge
Hellerstein
noted
a
day
later
when
he
summarily

dismissed
their
motion.

But
this
did
not
deter
Trump’s
lawyers,
who
gamely
repeated
them
last
night,
while
complaining
about
the
trial
judge’s
“rushed
and
conclusory
summary
remand
order
issued
without
adversarial
briefing
or
a
required
hearing.”

Not
to
put
too
fine
a
point
on
it,
but
that
is
BULLSHIT.

Under
28
USC
§
1455(b)(2):

A
notice
of
removal
of
a
criminal
prosecution
shall
include
all
grounds
for
such
removal.
A
failure
to state grounds
that
exist
at
the
time
of
the
filing
of
the
notice
shall
constitute
a
waiver
of
such
grounds,
and
a
second
notice
may
be
filed
only
on
grounds
not
existing
at
the
time
of
the
original
notice.
For
good
cause
shown,
the
United States district
court
may
grant
relief
from
the
limitations
of
this
paragraph.

Trump
was
entitled
to

and
got
a
hearing
and
full
briefing
on
his
original
removal
petition
back
in
2023,

and
he
lost.
The
Supreme
Court’s
intervening
immunity
ruling
may
yet
blow
up
the
verdict,
since
testimony
by
White
House
aide
Hope
Hicks
might
have
been
inadmissible;
but
that’s
got
nothing
to
do
with
the
underlying
conduct,
which
Judge
Hellerstein
already
found
was
purely
personal.

Trump
was
not
entitled
to
a
second,
post-conviction
bite
at
the
apple,
much
less
a
second
round
of
briefing
and
a
“required
hearing,”
absent
a
judicial
finding
of
“good
cause.”
And
two
former
federal
prosecutors
bloody
well
know
that. 

After
Justice
Merchan
postponed
Trump’s
sentencing
until
after
the
election,
the
Second
Circuit

denied
his
emergency
stay
motion.
That
panel
was
made
up
of
Judge
Michael
Park,
one
of
the
FedSoc
babies
installed
on
a
party-line
vote,
Judge
Lohier,
who
was
appointed
by
Obama
to
fill
the
seat
vacated
by
Justice
Sotomayor,
and
senior
Judge
John
Walker,
who
was
originally
appointed
to
the
Southern
District
of
New
York
by
Ronald
Reagan.
Perhaps
they
will
be
more
receptive
to
his
claims
that
it
should
snatch
the
case
from
state
courts
because
his
lawyers
take
several
hundred
pages
to
shout

TRUMP
V.
US
CHANGED
EVERYTHING.

Or
perhaps
not.

People
of
The
State
of
New
York
v.
Trump
[District
Docket
via
Court
Listener]

People
of
The
State
of
New
York
v.
Trump
[Circuit
Docket
via
Court
Listener]

---

Liz
Dye lives
in
Baltimore
where
she
produces
the
Law
and
Chaos substack and podcast.

Donald
Trump’s
lawyers
were

comin’
in
hot
last
night
at
the
Second
Circuit.

The
underlying
proceedings
arise
from
a
politically
motivated
investigation
by
the
Manhattan
District
Attorney’s
Office
(“DANY”),
dubbed
the
“zombie
case”
by
former
Special
Assistant
District
Attorney
Mark
Pomerantz
because
DANY
refused
to
abandon
efforts
to
target
President
Trump
until
star
witness,
felon,
and
serial
perjurer
Michael
Cohen-bolstered
by
other
financially
motivated
witnesses
such
as
Stormy
Daniels-concocted
the
type
of
false
and
implausible
story
President
Trump’s
political
opponents
wanted
to
hear.

If
they
have
a
non-insane
argument,
Trump’s
lawyers
Todd
Blanche
and
Emil
Bove
risk
burying
it
under
a
steaming
pile
of
unrelated
invective
in
a
brief
that
runs
to
79
pages,
with
four
appendices.
If
they

don’t
have
a
non-insane
argument,
well
…
this
is
exactly
how
they’d
proceed,
right?

What
they
want
is
for
the
Circuit
Court
to
swoop
in
and
remove
the
case
to
federal
court,
despite
the
fact
that
a
jury
found
Trump
guilty
in
May
of
creating
false
business
records
to
cover
up
the
hush
money
payment
to
Stormy
Daniels,
and
the

federal
removal
statute
requires
notice
of
removal
within
30
days
of
arraignment.

Indeed,
Trump
did
try
to
remove
the
case
to
the
Southern
District
of
New
York
in
timely
fashion
back
in
2023,
only
to
be

unceremoniously
booted
by
Judge
Alvin
Hellerstein,
who
found
that
making
false
“retainer”
payments
to
a
lawyer
to
reimburse
him
for
money
fronted
to
a
porn
star
prior
to
election
was
not
part
of
his
official
presidential
duties.
The
law
does
allow
a
criminal
defendant
to
move
for
removal
at
a
later
date
“for
good
cause
shown,”
but
in
a
desperate
bid
to
fend
off
sentencing,
Trump
simply
docketed
a
second
removal
notice
in
August
without
leave
of
the
court.
After
the
clerk
removed
the
notice,
Blanche
and
Bove
restyled
their
motion
as
a
petition.

They
argued
that
Justice
Merchan
was
biased,
that
he
had
improperly
allowed
the
use
of
impermissible
evidence
under

Trump
v.
US,
and
that
the
conduct
at
issue
was
part
of
his
official
presidential
duties,
and
thus
immune
from
prosecution.
In
fact,
these
arguments
are
all
being
considered
by
state
appellate
courts
in
New
York,
as
Judge
Hellerstein
noted
a
day
later
when
he
summarily

dismissed
their
motion.

But
this
did
not
deter
Trump’s
lawyers,
who
gamely
repeated
them
last
night,
while
complaining
about
the
trial
judge’s
“rushed
and
conclusory
summary
remand
order
issued
without
adversarial
briefing
or
a
required
hearing.”

Not
to
put
too
fine
a
point
on
it,
but
that
is
BULLSHIT.

Under
28
USC
§
1455(b)(2):

A
notice
of
removal
of
a
criminal
prosecution
shall
include
all
grounds
for
such
removal.
A
failure
to state grounds
that
exist
at
the
time
of
the
filing
of
the
notice
shall
constitute
a
waiver
of
such
grounds,
and
a
second
notice
may
be
filed
only
on
grounds
not
existing
at
the
time
of
the
original
notice.
For
good
cause
shown,
the
United States district
court
may
grant
relief
from
the
limitations
of
this
paragraph.

Trump
was
entitled
to

and
got
a
hearing
and
full
briefing
on
his
original
removal
petition
back
in
2023,

and
he
lost.
The
Supreme
Court’s
intervening
immunity
ruling
may
yet
blow
up
the
verdict,
since
testimony
by
White
House
aide
Hope
Hicks
might
have
been
inadmissible;
but
that’s
got
nothing
to
do
with
the
underlying
conduct,
which
Judge
Hellerstein
already
found
was
purely
personal.

Trump
was
not
entitled
to
a
second,
post-conviction
bite
at
the
apple,
much
less
a
second
round
of
briefing
and
a
“required
hearing,”
absent
a
judicial
finding
of
“good
cause.”
And
two
former
federal
prosecutors
bloody
well
know
that. 

After
Justice
Merchan
postponed
Trump’s
sentencing
until
after
the
election,
the
Second
Circuit

denied
his
emergency
stay
motion.
That
panel
was
made
up
of
Judge
Michael
Park,
one
of
the
FedSoc
babies
installed
on
a
party-line
vote,
Judge
Lohier,
who
was
appointed
by
Obama
to
fill
the
seat
vacated
by
Justice
Sotomayor,
and
senior
Judge
John
Walker,
who
was
originally
appointed
to
the
Southern
District
of
New
York
by
Ronald
Reagan.
Perhaps
they
will
be
more
receptive
to
his
claims
that
it
should
snatch
the
case
from
state
courts
because
his
lawyers
take
several
hundred
pages
to
shout

TRUMP
V.
US
CHANGED
EVERYTHING.

Or
perhaps
not.

People
of
The
State
of
New
York
v.
Trump
[District
Docket
via
Court
Listener]

People
of
The
State
of
New
York
v.
Trump
[Circuit
Docket
via
Court
Listener]

---

Liz
Dye lives
in
Baltimore
where
she
produces
the
Law
and
Chaos substack and podcast.

Donald
Trump’s
lawyers
were

comin’
in
hot
last
night
at
the
Second
Circuit.

The
underlying
proceedings
arise
from
a
politically
motivated
investigation
by
the
Manhattan
District
Attorney’s
Office
(“DANY”),
dubbed
the
“zombie
case”
by
former
Special
Assistant
District
Attorney
Mark
Pomerantz
because
DANY
refused
to
abandon
efforts
to
target
President
Trump
until
star
witness,
felon,
and
serial
perjurer
Michael
Cohen-bolstered
by
other
financially
motivated
witnesses
such
as
Stormy
Daniels-concocted
the
type
of
false
and
implausible
story
President
Trump’s
political
opponents
wanted
to
hear.

If
they
have
a
non-insane
argument,
Trump’s
lawyers
Todd
Blanche
and
Emil
Bove
risk
burying
it
under
a
steaming
pile
of
unrelated
invective
in
a
brief
that
runs
to
79
pages,
with
four
appendices.
If
they

don’t
have
a
non-insane
argument,
well
…
this
is
exactly
how
they’d
proceed,
right?

What
they
want
is
for
the
Circuit
Court
to
swoop
in
and
remove
the
case
to
federal
court,
despite
the
fact
that
a
jury
found
Trump
guilty
in
May
of
creating
false
business
records
to
cover
up
the
hush
money
payment
to
Stormy
Daniels,
and
the

federal
removal
statute
requires
notice
of
removal
within
30
days
of
arraignment.

Indeed,
Trump
did
try
to
remove
the
case
to
the
Southern
District
of
New
York
in
timely
fashion
back
in
2023,
only
to
be

unceremoniously
booted
by
Judge
Alvin
Hellerstein,
who
found
that
making
false
“retainer”
payments
to
a
lawyer
to
reimburse
him
for
money
fronted
to
a
porn
star
prior
to
election
was
not
part
of
his
official
presidential
duties.
The
law
does
allow
a
criminal
defendant
to
move
for
removal
at
a
later
date
“for
good
cause
shown,”
but
in
a
desperate
bid
to
fend
off
sentencing,
Trump
simply
docketed
a
second
removal
notice
in
August
without
leave
of
the
court.
After
the
clerk
removed
the
notice,
Blanche
and
Bove
restyled
their
motion
as
a
petition.

They
argued
that
Justice
Merchan
was
biased,
that
he
had
improperly
allowed
the
use
of
impermissible
evidence
under

Trump
v.
US,
and
that
the
conduct
at
issue
was
part
of
his
official
presidential
duties,
and
thus
immune
from
prosecution.
In
fact,
these
arguments
are
all
being
considered
by
state
appellate
courts
in
New
York,
as
Judge
Hellerstein
noted
a
day
later
when
he
summarily

dismissed
their
motion.

But
this
did
not
deter
Trump’s
lawyers,
who
gamely
repeated
them
last
night,
while
complaining
about
the
trial
judge’s
“rushed
and
conclusory
summary
remand
order
issued
without
adversarial
briefing
or
a
required
hearing.”

Not
to
put
too
fine
a
point
on
it,
but
that
is
BULLSHIT.

Under
28
USC
§
1455(b)(2):

A
notice
of
removal
of
a
criminal
prosecution
shall
include
all
grounds
for
such
removal.
A
failure
to state grounds
that
exist
at
the
time
of
the
filing
of
the
notice
shall
constitute
a
waiver
of
such
grounds,
and
a
second
notice
may
be
filed
only
on
grounds
not
existing
at
the
time
of
the
original
notice.
For
good
cause
shown,
the
United States district
court
may
grant
relief
from
the
limitations
of
this
paragraph.

Trump
was
entitled
to

and
got
a
hearing
and
full
briefing
on
his
original
removal
petition
back
in
2023,

and
he
lost.
The
Supreme
Court’s
intervening
immunity
ruling
may
yet
blow
up
the
verdict,
since
testimony
by
White
House
aide
Hope
Hicks
might
have
been
inadmissible;
but
that’s
got
nothing
to
do
with
the
underlying
conduct,
which
Judge
Hellerstein
already
found
was
purely
personal.

Trump
was
not
entitled
to
a
second,
post-conviction
bite
at
the
apple,
much
less
a
second
round
of
briefing
and
a
“required
hearing,”
absent
a
judicial
finding
of
“good
cause.”
And
two
former
federal
prosecutors
bloody
well
know
that. 

After
Justice
Merchan
postponed
Trump’s
sentencing
until
after
the
election,
the
Second
Circuit

denied
his
emergency
stay
motion.
That
panel
was
made
up
of
Judge
Michael
Park,
one
of
the
FedSoc
babies
installed
on
a
party-line
vote,
Judge
Lohier,
who
was
appointed
by
Obama
to
fill
the
seat
vacated
by
Justice
Sotomayor,
and
senior
Judge
John
Walker,
who
was
originally
appointed
to
the
Southern
District
of
New
York
by
Ronald
Reagan.
Perhaps
they
will
be
more
receptive
to
his
claims
that
it
should
snatch
the
case
from
state
courts
because
his
lawyers
take
several
hundred
pages
to
shout

TRUMP
V.
US
CHANGED
EVERYTHING.

Or
perhaps
not.

People
of
The
State
of
New
York
v.
Trump
[District
Docket
via
Court
Listener]

People
of
The
State
of
New
York
v.
Trump
[Circuit
Docket
via
Court
Listener]

---

Liz
Dye lives
in
Baltimore
where
she
produces
the
Law
and
Chaos substack and podcast.

Donald
Trump’s
lawyers
were

comin’
in
hot
last
night
at
the
Second
Circuit.

The
underlying
proceedings
arise
from
a
politically
motivated
investigation
by
the
Manhattan
District
Attorney’s
Office
(“DANY”),
dubbed
the
“zombie
case”
by
former
Special
Assistant
District
Attorney
Mark
Pomerantz
because
DANY
refused
to
abandon
efforts
to
target
President
Trump
until
star
witness,
felon,
and
serial
perjurer
Michael
Cohen-bolstered
by
other
financially
motivated
witnesses
such
as
Stormy
Daniels-concocted
the
type
of
false
and
implausible
story
President
Trump’s
political
opponents
wanted
to
hear.

If
they
have
a
non-insane
argument,
Trump’s
lawyers
Todd
Blanche
and
Emil
Bove
risk
burying
it
under
a
steaming
pile
of
unrelated
invective
in
a
brief
that
runs
to
79
pages,
with
four
appendices.
If
they

don’t
have
a
non-insane
argument,
well
…
this
is
exactly
how
they’d
proceed,
right?

What
they
want
is
for
the
Circuit
Court
to
swoop
in
and
remove
the
case
to
federal
court,
despite
the
fact
that
a
jury
found
Trump
guilty
in
May
of
creating
false
business
records
to
cover
up
the
hush
money
payment
to
Stormy
Daniels,
and
the

federal
removal
statute
requires
notice
of
removal
within
30
days
of
arraignment.

Indeed,
Trump
did
try
to
remove
the
case
to
the
Southern
District
of
New
York
in
timely
fashion
back
in
2023,
only
to
be

unceremoniously
booted
by
Judge
Alvin
Hellerstein,
who
found
that
making
false
“retainer”
payments
to
a
lawyer
to
reimburse
him
for
money
fronted
to
a
porn
star
prior
to
election
was
not
part
of
his
official
presidential
duties.
The
law
does
allow
a
criminal
defendant
to
move
for
removal
at
a
later
date
“for
good
cause
shown,”
but
in
a
desperate
bid
to
fend
off
sentencing,
Trump
simply
docketed
a
second
removal
notice
in
August
without
leave
of
the
court.
After
the
clerk
removed
the
notice,
Blanche
and
Bove
restyled
their
motion
as
a
petition.

They
argued
that
Justice
Merchan
was
biased,
that
he
had
improperly
allowed
the
use
of
impermissible
evidence
under

Trump
v.
US,
and
that
the
conduct
at
issue
was
part
of
his
official
presidential
duties,
and
thus
immune
from
prosecution.
In
fact,
these
arguments
are
all
being
considered
by
state
appellate
courts
in
New
York,
as
Judge
Hellerstein
noted
a
day
later
when
he
summarily

dismissed
their
motion.

But
this
did
not
deter
Trump’s
lawyers,
who
gamely
repeated
them
last
night,
while
complaining
about
the
trial
judge’s
“rushed
and
conclusory
summary
remand
order
issued
without
adversarial
briefing
or
a
required
hearing.”

Not
to
put
too
fine
a
point
on
it,
but
that
is
BULLSHIT.

Under
28
USC
§
1455(b)(2):

A
notice
of
removal
of
a
criminal
prosecution
shall
include
all
grounds
for
such
removal.
A
failure
to state grounds
that
exist
at
the
time
of
the
filing
of
the
notice
shall
constitute
a
waiver
of
such
grounds,
and
a
second
notice
may
be
filed
only
on
grounds
not
existing
at
the
time
of
the
original
notice.
For
good
cause
shown,
the
United States district
court
may
grant
relief
from
the
limitations
of
this
paragraph.

Trump
was
entitled
to

and
got
a
hearing
and
full
briefing
on
his
original
removal
petition
back
in
2023,

and
he
lost.
The
Supreme
Court’s
intervening
immunity
ruling
may
yet
blow
up
the
verdict,
since
testimony
by
White
House
aide
Hope
Hicks
might
have
been
inadmissible;
but
that’s
got
nothing
to
do
with
the
underlying
conduct,
which
Judge
Hellerstein
already
found
was
purely
personal.

Trump
was
not
entitled
to
a
second,
post-conviction
bite
at
the
apple,
much
less
a
second
round
of
briefing
and
a
“required
hearing,”
absent
a
judicial
finding
of
“good
cause.”
And
two
former
federal
prosecutors
bloody
well
know
that. 

After
Justice
Merchan
postponed
Trump’s
sentencing
until
after
the
election,
the
Second
Circuit

denied
his
emergency
stay
motion.
That
panel
was
made
up
of
Judge
Michael
Park,
one
of
the
FedSoc
babies
installed
on
a
party-line
vote,
Judge
Lohier,
who
was
appointed
by
Obama
to
fill
the
seat
vacated
by
Justice
Sotomayor,
and
senior
Judge
John
Walker,
who
was
originally
appointed
to
the
Southern
District
of
New
York
by
Ronald
Reagan.
Perhaps
they
will
be
more
receptive
to
his
claims
that
it
should
snatch
the
case
from
state
courts
because
his
lawyers
take
several
hundred
pages
to
shout

TRUMP
V.
US
CHANGED
EVERYTHING.

Or
perhaps
not.

People
of
The
State
of
New
York
v.
Trump
[District
Docket
via
Court
Listener]

People
of
The
State
of
New
York
v.
Trump
[Circuit
Docket
via
Court
Listener]

---

Liz
Dye lives
in
Baltimore
where
she
produces
the
Law
and
Chaos substack and podcast.