Link to tweet

For example, there was this notice on CourtListener on December 7.

Dec 7, 2018

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by USA as to PAUL J. MANAFORT, JR. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Attachment A - UNREDACTED, SEALED Government's Submission in Support of Its Breach Determination, # 2 Attachment B - REDACTED Government's Submission in Support of Its Breach Determination, # 3 Text of Proposed Order, # 4 Certificate of Service)(Weissmann, Andrew) (Entered: 12/07/2018)


https://www.courtlistener.com/docket/6183591/united-states-v-manafort/?page=3

Also, court rules say items be filed under seal are only to be filed during regular courtroom hours.

Link to tweet

WTH? All hell is breaking loose at the moment it seems...again. Still.

the deadline is missed but something gets filed late?

Is it disregarded as if it had not been filed at all?
If the answer is "it depends" is it entirely at the discretion of the judge?
If nothing is filed at all, does the decision go the other way by default, or does the judge have leeway to consider everything they already know about the case as a substitute?

First off, there can sometimes be significant delays between actual filings, and the time when thing show up in the public Pacer system, simply due to technical and personnel issues. Courtlistener, which is an outside information service, can be even more incomplete.

The courts, like everything else in the federal government are operating on a limited and dwindling budget. It would not be at all surprising if Pacer were affected.

In some districts, it is pretty normal for filings not to show up until a day later.

As to your substantive question, yes, the answer is “it depends”. If there is good cause for something having been mis-filed or filed late, it is not usually the end of the world.

This Zoe Tillman person, however, obviously has no idea what she’s talking about with the “under seal” nonsense, since filings under seal are still noted in the docket (if and when the docket is updated). That she waited until midnight in the belief that public Pacer is a real-time system, is kind of funny/sad.

the scenes while we fixate on his phony border crisis, is prepaing Manafort for a pardon.

PACER was simply lagging, which it can do:

470

Jan 8, 2019

SEALED DOCUMENT (Response to the Special Counsel's Submission in Support of Its Breach Determination) as to PAUL J. MANAFORT, JR. (1). (This document is SEALED and only available to authorized persons.) (zvt) (Entered: 01/08/2019)

Main Doc­ument

Jan 8, 2019

MINUTE ORDER granting 469 Sealed Motion for Leave to File Document Under Seal as to PAUL J. MANAFORT JR. (1). The Clerk of Court is directed to file under seal [469-1] Attachment A to the motion, the unredacted version of defendant's response to the government's submission in support of its breach determination. The Clerk of Court is also directed to unseal 469 the motion itself. It is FURTHER ORDERED that defendant shall file on the public docket [469-2] Attachment B to the motion, the redacted version of his response. Signed by Judge Amy Berman Jackson on 1/8/19. (DMK)

469

Jan 7, 2019

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL as to PAUL J. MANAFORT, JR. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit Attachment A - SEALED Response, # 2 Exhibit Attachment B - REDACTED Response, # 3 Exhibit Attachment C - Proposed Order, # 4 Certificate of Service)(Westling, Richard) (Entered: 01/07/2019)

Main Doc­ument

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These Twitterers should consult with people who know what they are doing before just blabbing off nonsense.

And here it is:

https://www.courtlistener.com/recap/gov.uscourts.dcd.190597/gov.uscourts.dcd.190597.471.0_4.pdf