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Engelmayer is the first judge ever to grant a temporary restraining order (TRO) against the president of the United States that also forbids a cabinet secretary from accessing his own records without giving these parties an opportunity to respond. He offered zero analysis of his constitutional authority to make such a radical ruling, the federal rule governing injunctions and temporary restraining orders, or why he is enabling fraud and grift by blocking access to records that show who got government money and for what. //
The situation is actually worse than that. Here’s the timeline of the court filings. All these initial documents were filed by New York Special Trial Counsel Colleen Faherty. //
1:04 a.m. — Faherty e-mailed four items — the complaint, the legal memorandum, her prior affirmation, and the order granting the TRO — to two government lawyers, only one of whom had been a recipient of her 7:32 p.m. email.
1:14 a.m. — The complaint was refiled with the deficiency corrected. Note that a properly filed complaint was not filed until more than a half-hour after Judge Engelmayer had already entered his order. //
The accelerated timeline is simply incredible, especially in view of the voluminous materials that any diligent judge would analyze to render a proper opinion. And I mean “incredible” in its literal sense of “not to be believed.”
The last documents filed in support of the request for a TRO were at 10:13 and 10:15 p.m. These included the legal memorandum with its citation to 54 court opinions. Did Engelmayer read these? Not a chance. Did he read any of them? If he did, you can’t tell it from his order, other than one citation from him to a single case that had no resemblance to the case before him. //
Even if Engelmayer had received and began to study these materials immediately after he had them all, he spent less than two-and-one-half hours reviewing and analyzing the materials presented to him before entering his order at 12:39 a.m.
That’s not even counting the time it would have taken Engelmeyer to write his order. If he took only a half-hour to do that, he spent less than two hours to peruse the voluminous record and then begin to write his order. He could not possibly have considered more than a small fraction of the cited cases and other authorities in that time. It raises the question of how much of this order was AI-generated.