Found this on another website:
Why did DOJ wait until the 11th hour this past Friday to file their motion when they have known about this hearing for some time? They file on Friday, today is a holiday and Orly’s hearing is tomorrow.
Because the reply by the DOJ was not for the September 8th hearing but rather for the October 5th hearing where the motions will be heard. The September 8th hearing, is a limited hearing.
That’s an interesting take. But I don’t buy it. Now is the time to argue for dismissal.
That doesn’t compute. I’m sure the DOJ will argue for dismissal given any opportunity to do so. That is their only defense.