Trump’s Lawyers Messed Up Their Motion to Represent Him in Florida So Badly the Court Sent Them Instructions

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Oops! Former President Donald Trump’s bedraggled legal team tripped over their feet again this week, making multiple errors in their legal filings, including: messing up a longstanding electronic filing procedure, botching the motions to get the few lawyers on the team with relevant legal experience admitted into Florida courts, and ending up with the court to sending them instructions how to file their motions.

As I wrote last week, Trump has struggled to assemble a strong legal team to represent him in the aftermath of the FBI’s execution of a search warrant at his home at Mar-a-Lago.

Part of the ex-president’s problems attracting top-notch attorneys stems from his own well-documented history of ignoring his attorneys’ advice, refusing to pay legal bills, and otherwise being a nightmare client.

What I called Trump’s “Island of Misfit Toys legal squad” (in retrospect, that was perhaps an insult to misfit toys) includes former OAN host Christina Bobb; a Florida insurance claims lawyer admitted to the bar in 2014 with zero prior federal court filings, Lindsey Halligan; and former White House aide Kash Patel, whom a Washington Post article described as “raising money for a ‘legal offense’ fund by selling merchandise such as tank tops and beanies emblazoned with the logo ‘K$H.’”

Only Evan Corcoran and James Trusty have direct federal criminal law experience; both formerly worked as federal prosecutors.

Trump filed a “Motion for Judicial Oversight and Additional Relief” in the U.S. District Court for the Southern District of Florida on Aug. 22 seeking to enjoin any further review of the materials seized by the FBI until a special master can be appointed, demanding a “more detailed Receipt for Property” seized, and to “return any item seized that was not within the scope of the Search Warrant.”

Law&Crime’s Aaron Keller reported on the status of the case:

The case was assigned to Judge Aileen M. Cannon, a Trump appointee who was a former federal prosecutor and who is a member of the conservative Federalist Society. However, an entry in the court docket says U.S. Magistrate Judge Bruce E. Reinhart “is available to handle any or all proceedings in this case.” Reinhart signed off on the underlying warrant.

The question of why Trump filed this as a separate motion instead of continuing to argue the validity of the warrant and search in Reinhart’s court remains, with a number of commentators speculating Trump was forum shopping, attempting to find a friendlier courtroom led by a Trump-appointed judge.

Still, as Keller noted, the court immediately focused on the issue of the core proceeding being in Reinhart’s court. Cannon issued a paperless order on the docket on Aug. 23, requiring Trump to file a supplemental motion with whatever legal basis they were using to assert why her court should have jurisdiction, specifically addressing the effect of the proceeding currently before Reinhart. From the electronic court docket (links omitted):

PAPERLESS ORDER: The Court is in receipt of Plaintiff’s Motion for Judicial Oversight and Additional Relief. To facilitate appropriate resolution, on or before August 26, 2022, Plaintiff shall file a supplement to the Motion further elaborating on the following: (1) the asserted basis for the exercise of this Court’s jurisdiction, whether legal, equitable/anomalous, or both; (2) the framework applicable to the exercise of such jurisdiction; (3) the precise relief sought, including any request for injunctive relief pending resolution of the Motion; (4) the effect, if any, of the proceeding before Magistrate Judge Bruce E. Reinhart; and (5) the status of Plaintiff’s efforts to perfect service on Defendant. Signed by Judge Aileen M. Cannon on 8/23/2022. (AMC) (Entered: 08/23/2022)

Getting Trump’s attorneys properly admitted into the court has been another challenge. Appearing in this specific federal court requires admission to both the Florida Bar (passing the Florida bar exam and a background check, paying annual dues, and complying with a continuing legal education requirement, among other requirements) and the Southern District of Florida court. The latter is a separate bar admission that, according to the Local Rules posted on the court’s website, requires maintaining a Florida Bar license in good standing, submitting an application and admission fee to the Southern District of Florida, and taking an oath of admission.

Out of Trump’s legal team, Halligan is admitted to practice law in Florida but had not appeared in federal court before. The Florida Bar website does not currently list her as being admitted to the Southern District of Florida, but it is a relatively simple and quick process that she seems to have completed.

For Corcoran and Trusty — remember, the only two lawyers on the team with any substantive federal criminal law expertise — they cannot appear in this court unless they first apply for the right to appear pro hac vice (Latin meaning “for this occasion”). Pro hac vice admission is not automatically granted, and the Southern District of Florida requires an application specifically citing the reason it is needed, a fee paid to the local bar, and a locally-admitted attorney to remain engaged in the case throughout.

Here, Halligan is the local counsel for the case and filed the Motions to Appear Pro Hac Vice for Corcoran and Trusty on Aug. 22, along with the original complaint. That same day, the clerk of court recorded in the case docket receipt of the motions, the filing fees, and the additional fees for Corcoran and Trusty’s pro hac vice admission.

The clerk also subsequently filed a “Clerk’s Notice of Filing Deficiency” indicating that “Document(s) were filed conventionally that should have been filed electronically (CM/ECF Administrative Procedures).” That is a reference to the Case Management/ Electronic Case Files system that requires federal court documents to be filed electronically.

Halligan appears to have messed this up with all of the initial filings by failing to file them electronically. That’s an embarrassing error considering the CM/ECF system has been in place for two decades; it was rolled out nationally to the federal district courts in 2002 and in 2004 in the appellate courts, the year I first started practicing law.

Cannon denied both Corcoran and Trusty’s pro hac vice motions, issuing another Paperless Order denying them without prejudice (meaning they have leave to try again) demanding that they “refile the motions in strict accordance” with the local rules, pointing out the page on the court website that included a sample motion. From the electronic docket (links omitted):

08/23/2022 PAPERLESS ORDER denying without prejudice Motions to Appear Pro Hac Vice, Consents to Designation, and Requests to Electronically Receive Notices of Electronic Filing for M. Evan Corcoran and James M. Trusty. Local counsel is instructed to refile the motions in strict accordance with Local Rule 4(b) of the Rules Governing the Admission, Practice, Peer Review, and Discipline of Attorneys. A sample motion can be found on the Court’s website at https://www.flsd.uscourts.gov/pro-hac-vice-appearance. Signed by Judge Aileen M. Cannon on 8/23/2022. (dsy) (Entered: 08/23/2022)

Amended pro hac vice motions for Corcoran and Trusty were filed on Aug. 23, but Halligan again failed to properly file them electronically, drawing yet another Clerk’s Notice of Filing Deficiency” indicating the documents were “filed conventionally that should have been filed electronically.”

In a bit of good news for Halligan and her team, it does seem that she managed to properly follow the sample motion form this time around, and Cannon granted the motions to allow Corcoran and Trusty to appear in her courtroom. The judge issued a paperless order granting the two attorneys the right to appear pro hac vice, stated the court could withdraw that appearance and any time, and warned they must abide by all court orders and appear at all scheduled matters, or face potential “immediate revocation” of their status.

From the electronic docket (links omitted):

PAPERLESS ORDER granting the Motions to Appear Pro Hac Vice, Consents to Designation, and Requests to Electronically Receive Notices of Electronic Filing for Attorneys James M. Trusty and M. Evan Corcoran. The Court reserves the power to withdraw permission for special appearance at any time. Failure to abide by any court order or failure to appear at any scheduled matter may result in immediate revocation of counsels’ pro hac vice status. Local counsel must be ready to adequately represent the party at any time. Signed by Judge Aileen M. Cannon on 8/24/2022. (dsy) (Entered: 08/24/2022)

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