Expect defendants to make a Touhy request. This is a formal legal request submitted to a federal agency, such as the Department of Justice (DOJ), FBI, or any other federal executive branch agency, when a party in a legal proceeding wants documents, records, or testimony from that agency or its employees.
It’s named after the U.S. Supreme Court case United States ex rel. Touhy v. Ragen, 340 U.S. 462 (1951). That case upheld the federal government's ability to limit or regulate the release of information through its own internal rules, even when faced with a court subpoena.
Also keep in mind that Federal Rule 11(b) prohibits attorneys from filing pleadings for an improper purpose (like harassment), based on frivolous legal arguments, or factual contentions lacking evidentiary support. If a court finds that Trump’s lawsuit was filed without factual basis, for political theater, or to intimidate the press, a motion for sanctions is appropriate.
Really excellent coverage of the lawsuit. Your detailed analysis and explanation is very informative and helpful in explaining the legal aspects and implications of this frivolous claim by Trump. I have but one question Mitch, is there a chance that the Supreme Court would consider reading this? And, if so, do you feel as positive about its chances of being thrown out?
Let's see where the dust settles. I think defendants will move for sanctions per the following (I just shared this on LinkedIn) What defense counsel will probably do is bring its motion to dismiss or MSJ down the road. They when defendants prevail, you can bring certain motions for costs, expenses and possibly fee. For example, and this isn't legal advice, my understanding is that Florida has a strong anti-SLAPP (Strategic Lawsuit Against Public Participation) law. If the court finds the lawsuit was filed primarily to silence free speech on a matter of public concern, and the defendant prevails on a dispositive motion (like a motion to dismiss or MSJ), the defendant is entitled to recover attorneys’ fees and costs. See Text (Fla. Stat. § 768.295(4)): “The court shall award the prevailing party reasonable attorney fees and costs incurred in connection with a claim that an action was filed in violation of this section.”
Also, Rule 11 Sanctions (Federal Rule of Civil Procedure 11)
If the court finds the lawsuit was frivolous, filed in bad faith, or lacking any legal or factual basis, it may impose Rule 11 sanctions. This could include payment of attorneys’ fees to the prevailing party. However, Rule 11 is discretionary and rarely granted without a separate motion and hearing.
Expect defendants to make a Touhy request. This is a formal legal request submitted to a federal agency, such as the Department of Justice (DOJ), FBI, or any other federal executive branch agency, when a party in a legal proceeding wants documents, records, or testimony from that agency or its employees.
It’s named after the U.S. Supreme Court case United States ex rel. Touhy v. Ragen, 340 U.S. 462 (1951). That case upheld the federal government's ability to limit or regulate the release of information through its own internal rules, even when faced with a court subpoena.
Also keep in mind that Federal Rule 11(b) prohibits attorneys from filing pleadings for an improper purpose (like harassment), based on frivolous legal arguments, or factual contentions lacking evidentiary support. If a court finds that Trump’s lawsuit was filed without factual basis, for political theater, or to intimidate the press, a motion for sanctions is appropriate.
Really excellent coverage of the lawsuit. Your detailed analysis and explanation is very informative and helpful in explaining the legal aspects and implications of this frivolous claim by Trump. I have but one question Mitch, is there a chance that the Supreme Court would consider reading this? And, if so, do you feel as positive about its chances of being thrown out?
Let's see where the dust settles. I think defendants will move for sanctions per the following (I just shared this on LinkedIn) What defense counsel will probably do is bring its motion to dismiss or MSJ down the road. They when defendants prevail, you can bring certain motions for costs, expenses and possibly fee. For example, and this isn't legal advice, my understanding is that Florida has a strong anti-SLAPP (Strategic Lawsuit Against Public Participation) law. If the court finds the lawsuit was filed primarily to silence free speech on a matter of public concern, and the defendant prevails on a dispositive motion (like a motion to dismiss or MSJ), the defendant is entitled to recover attorneys’ fees and costs. See Text (Fla. Stat. § 768.295(4)): “The court shall award the prevailing party reasonable attorney fees and costs incurred in connection with a claim that an action was filed in violation of this section.”
Also, Rule 11 Sanctions (Federal Rule of Civil Procedure 11)
If the court finds the lawsuit was frivolous, filed in bad faith, or lacking any legal or factual basis, it may impose Rule 11 sanctions. This could include payment of attorneys’ fees to the prevailing party. However, Rule 11 is discretionary and rarely granted without a separate motion and hearing.