SSHoya
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Post by SSHoya on Jan 9, 2024 10:22:06 GMT -5
Asst Spec Counsel James Pearce arguing for US. A bit surprised Michael Dreeben is not.
Being questioned whether Judge Chutkans's decision is jurisdictionally proper on appeal as an interlocutory appeal. In the civil context it a denial of an immunity properly subject to an interlocutory appeal.
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RusskyHoya
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Post by RusskyHoya on Jan 9, 2024 12:45:48 GMT -5
Good pre-argument podcast on the topic here: www.lawfaremedia.org/article/the-lawfare-podcast-presidential-immunity-at-the-dc-circuitIncludes the counsel for the American Oversight organization that filed an amicus brief arguing the DC Circuit should not hear this case and should send it back down to the trial court because Trump's argument does not satisfy the standard for an interlocutory appeal of an immunity claim that the Supreme Court established (unanimously, with Scalia writing the opinion) in the Midland Cement case.
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DanMcQ
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Post by DanMcQ on Jan 10, 2024 0:25:19 GMT -5
Greatest hits.
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SSHoya
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Post by SSHoya on Jan 10, 2024 8:24:15 GMT -5
Loving the SEAL Team Six hypothetical. As a young DOJ lawyer just released from active duty as a Navy JAG in 1984, I represented the original CO and XO, and several senior enlisted members of ST6, in civil litigation. In the hearing over whether Trump is entitled to absolute immunity, Trump’s attorney, John Sauer — assisted by some hypotheticals from Judge Florence Pan — backed himself into the corner demanded by his claims. Joe Biden could order Seal Team Six to assassinate Donald Trump, then quit immediately, before Congress could impeach him, and there would be absolutely no way to hold him accountable for killing his opponent. Okay then. www.emptywheel.net/2024/01/09/john-sauer-says-joe-biden-may-assassinate-his-client/While Judge Florence Pan was asking, over and over, if Trump attorney John Sauer really was saying that a President could assassinate his rival and, if not impeached, avoid any accountability, Judge Karen Henderson expressed her disagreement with Sauer’s argument more circumspectly. But she did express disagreement. If I read her comments right, they mean that, at worst, Henderson would support remanding the case to Judge Chutkan to figure out whether the things of which Trump is accused are official acts. Indeed, by the end of a brutal set of questions, that seemed to be what Sauer was begging for, which at least would produce the delay his client seeks. www.emptywheel.net/2024/01/09/judge-karen-hendersons-floodgate-concerns/
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DanMcQ
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Post by DanMcQ on Jan 11, 2024 10:29:05 GMT -5
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SSHoya
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Post by SSHoya on Jan 11, 2024 11:36:56 GMT -5
The best of Maryland "Republicans." Disgraceful. His lawyer is Jim Trusty, who earlier represented the Insurrectionist-in-Chief. Maryland Elections Board member arrested on Jan. 6 riot charges resigns A top Maryland elections official was arrested this week on multiple charges that he participated in the U.S. Capitol attack and encouraged officers trying to disperse rioters to “join us.” Federal investigators allege that Carlos Ayala, 52, scaled a police barricade on Jan. 6, 2021, while carrying a black flag that said, “We the People,” before pacing a line of police gathered to quell the riot. He is a former executive at Eastern Shore chicken giant Perdue Farms. A little more than two years after the insurrection, the Maryland Senate unanimously confirmed Ayala in March 2023 as one of the Maryland Republican Party’s two representatives on the five-member Board of Elections that oversees nearly all functions for elections. Secretaries of state hold those powers in many other states. www.washingtonpost.com/dc-md-va/2024/01/11/january-6-maryland-elections-official/
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SSHoya
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Post by SSHoya on Jan 14, 2024 19:18:19 GMT -5
Grifter - a total sleazebag as are his shysters. Rule 11, please. The attorney for writer E. Jean Carroll suggested that the lawyer for former President Trump misrepresented the former president’s need to delay the trial in connection to $10 million in defamation damages that the writer is seeking. Roberta Kaplan, the lawyer for Carroll, submitted a letter to U.S. District Judge Lewis Kaplan on Saturday regarding the former president’s one-week adjournment request of the trial to attend the funeral of Melania Trump’s mother. Kaplan wrote in the letter that Trump’s legal team said the former president could not attend the trial on Jan. 17 because he would be “traveling with family.” thehill.com/regulation/court-battles/4408002-lawyer-for-e-jeaLII Federal Rules of Civil Procedure Rule 11. Representations to the Court; Sanctions Rule 11. Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions (a) Signature. Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney's name—or by a party personally if the party is unrepresented. The paper must state the signer's address, e-mail address, and telephone number. Unless a rule or statute specifically states otherwise, a pleading need not be verified or accompanied by an affidavit. The court must strike an unsigned paper unless the omission is promptly corrected after being called to the attorney's or party's attention. (b) Representations to the Court. By presenting to the court a pleading, written motion, or other paper—whether by signing, filing, submitting, or later advocating it—an attorney or unrepresented party certifies that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances: (1) it is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation; www.law.cornell.edu/rules/frcp/rule_11#:~:text=Every%20pleading%2C%20written%20motion%2C%20and,mail%20address%2C%20and%20telephone%20number.
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SSHoya
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Post by SSHoya on Jan 16, 2024 16:54:07 GMT -5
Three hots and a cot coming up soon . . . A federal judge on Tuesday rejected a bid for a new trial for Peter Navarro, a Trump White House official convicted of contempt of Congress for refusing to cooperate with a congressional investigation into the U.S. Capitol attack. Navarro, who served as a White House trade adviser under President Donald Trump, was found guilty by a jury in Washington’s federal court for defying a subpoena for documents and a deposition from the House Jan. 6 committee. He’s scheduled to be sentenced later this month. www.pbs.org/newshour/politics/trump-white-house-official-peter-navarro-loses-his-bid-for-a-new-contempt-trial
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SSHoya
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Post by SSHoya on Jan 23, 2024 14:04:09 GMT -5
D.C. Circuit to Insurrectionist: Shut up (SIERRA TANGO FOXTROT UNIFORM). A federal appeals court in Washington, D.C. has rejected Donald Trump’s bid to lift a gag order that sharply restricts his ability to criticize witnesses in his criminal case for attempting to subvert the 2020 election. In a terse ruling on Tuesday, the full 11-member bench of the appeals court — which includes three of Trump’s own appointees — opted against reconsidering a three-judge panel’s Dec. 8 ruling upholding the gag order. The order was initially imposed by U.S. District Judge Tanya Chutkan, after prosecutors requested the limitation, citing threats to witnesses, attorneys and court personnel driven by Trump’s vitriol. ssnews.page.link/TyHHu3SaFbknzwbs7
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SSHoya
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Post by SSHoya on Jan 24, 2024 7:18:00 GMT -5
I wonder if the D.C. Circuit was waiting for the NH primary before issuing its opinion affirming Judge Chutkan's denial of absolute immunity in order to avoid any appearance of the denial affecting that primary?
Perhaps the decision comes down this week.
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hoyarooter
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Post by hoyarooter on Jan 24, 2024 20:18:02 GMT -5
I wonder if the D.C. Circuit was waiting for the NH primary before issuing its opinion affirming Judge Chutkan's denial of absolute immunity in order to avoid any appearance of the denial affecting that primary? Perhaps the decision comes down this week. Hope so, it's about time. But I also hope that Trump isn't given 45 days or whatever the maximum period is to appeal to the Supreme Court.
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SSHoya
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Post by SSHoya on Jan 24, 2024 20:40:52 GMT -5
I wonder if the D.C. Circuit was waiting for the NH primary before issuing its opinion affirming Judge Chutkan's denial of absolute immunity in order to avoid any appearance of the denial affecting that primary? Perhaps the decision comes down this week. Hope so, it's about time. But I also hope that Trump isn't given 45 days or whatever the maximum period is to appeal to the Supreme Court. I am on one merits brief at SCOTUS. Parties have ninety days to file a cert. petition. and I believe 45 days for rehearing en banc at courts of appeal However, my hope is that the DC Circuit issues a mandate returning jurisdiction to Judge Chutkan unless the Insurrectionist petitions for rehearing en banc or a cert. petition within ten days, thus shortening the delay. Apparently Judge Chutkan has calendared a trial to commence on April 2nd so I think the earliest J6 trial may be calendared would be May-June.
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DanMcQ
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Post by DanMcQ on Jan 25, 2024 13:36:00 GMT -5
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hoyarooter
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Post by hoyarooter on Jan 25, 2024 20:59:16 GMT -5
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SSHoya
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Post by SSHoya on Feb 6, 2024 11:06:09 GMT -5
Orange jumpsuit will match the grifter"s complexion. No automatic stay if he seeks rehearing en banc at the DC Circuit. IOW, grifter must petition for cert to SCOTUS and my prediction is cert. denied quickly. Grifter has only until February 12 to file cert. petition with SCOTUS so DC Circuit doing the best it can to accelerate the case to trial. Trump has no immunity from Jan. 6 prosecution, appeals court rules A federal appeals court has unanimously ruled that Donald Trump can be put on trial for trying to stay in power after losing the 2020 election, rejecting Trump’s sweeping claim of presidential immunity and moving the case one step closer to a jury. “For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant. But any executive immunity that may have protected him while he served as President no longer protects him against this prosecution,” the panel of three judges wrote. “The interest in criminal accountability, held by both the public and the Executive Branch, outweighs the potential risks of chilling Presidential action and permitting vexatious litigation.” www.washingtonpost.com/dc-md-va/2024/02/06/trump-jan-6-immunity-appeal-denied/
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DanMcQ
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Post by DanMcQ on Feb 6, 2024 12:14:04 GMT -5
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hoyarooter
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Post by hoyarooter on Feb 6, 2024 18:28:43 GMT -5
Orange jumpsuit will match the grifter"s complexion. No automatic stay if he seeks rehearing en banc at the DC Circuit. IOW, grifter must petition for cert to SCOTUS and my prediction is cert. denied quickly. Grifter has only until February 12 to file cert. petition with SCOTUS so DC Circuit doing the best it can to accelerate the case to trial. Trump has no immunity from Jan. 6 prosecution, appeals court rules A federal appeals court has unanimously ruled that Donald Trump can be put on trial for trying to stay in power after losing the 2020 election, rejecting Trump’s sweeping claim of presidential immunity and moving the case one step closer to a jury. “For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant. But any executive immunity that may have protected him while he served as President no longer protects him against this prosecution,” the panel of three judges wrote. “The interest in criminal accountability, held by both the public and the Executive Branch, outweighs the potential risks of chilling Presidential action and permitting vexatious litigation.” www.washingtonpost.com/dc-md-va/2024/02/06/trump-jan-6-immunity-appeal-denied/I don't pray a lot, but I will be praying that you are correct.
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DanMcQ
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Post by DanMcQ on Feb 6, 2024 20:05:08 GMT -5
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SSHoya
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Post by SSHoya on Feb 6, 2024 20:40:23 GMT -5
Orange jumpsuit will match the grifter"s complexion. No automatic stay if he seeks rehearing en banc at the DC Circuit. IOW, grifter must petition for cert to SCOTUS and my prediction is cert. denied quickly. Grifter has only until February 12 to file cert. petition with SCOTUS so DC Circuit doing the best it can to accelerate the case to trial. Trump has no immunity from Jan. 6 prosecution, appeals court rules A federal appeals court has unanimously ruled that Donald Trump can be put on trial for trying to stay in power after losing the 2020 election, rejecting Trump’s sweeping claim of presidential immunity and moving the case one step closer to a jury. “For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant. But any executive immunity that may have protected him while he served as President no longer protects him against this prosecution,” the panel of three judges wrote. “The interest in criminal accountability, held by both the public and the Executive Branch, outweighs the potential risks of chilling Presidential action and permitting vexatious litigation.” www.washingtonpost.com/dc-md-va/2024/02/06/trump-jan-6-immunity-appeal-denied/I don't pray a lot, but I will be praying that you are correct. Correction to my initial reading - grifter has to apply for the stay of the mandate pending filing of a cert. petition which would mean, if a stay was granted: (1) a reasonable probability that four Justices would vote to grant certiorari; (2) a significant possibility that the Court would reverse the judgment below; and (3) a likelihood of irreparable harm, assuming the correctness of the applicant's position, if the judgment is not stayed. I can't see SCOTUS determining on this record that there is a "significant possibility that the Court would reverse the judgment below."
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DanMcQ
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Post by DanMcQ on Feb 7, 2024 6:07:20 GMT -5
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