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(YouTube)   Live TUESDAY TUESDAY TUESDAT 9:30 ETA in the DC circuit court, The Show Down of a Slow Down. TFG Privilege versus Congressional Subpoena. Trump v Thompson. Judges Millett, Wilkins, Jackson   (youtube.com) divider line
    More: Live, United States Court of Appeals, United States, United States Court of Claims, Supreme Court of the United States, Appeal, YouTube, United States courts of appeals, United Kingdom  
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616 clicks; posted to Discussion » and Politics » on 30 Nov 2021 at 9:00 AM (7 weeks ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook



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2021-11-30 8:27:52 AM  
The fact that this even merits a hearing proves our system is FUBAR.
 
2021-11-30 9:01:20 AM  
Setting the Stage. Congresses filing pdf
Fark user imageView Full Size



TFG's filing pdf
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2021-11-30 9:04:18 AM  

eKonk: The fact that this even merits a hearing proves our system is FUBAR.


I strongly disagree. Fact is, TFG has a right to challenge a subpoena in court, including a right to claim EP.
And this invoking EP has been going on for a long time without proper completion of court rulings to clarify.

The good news is the Judge's who are hearing this. I'm a fan of Amy Berman Jackson.

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2021-11-30 9:17:25 AM  
 
2021-11-30 9:20:30 AM  

wademh: Judge Patricia Millett

[Fark user image 798x291]https://slate.com/news-and-politics/2017/10/meet-patricia-millett-hero-judge-and-the-democrats-next-supreme-court-nominee.html


Well, shiat, yay for Patricia Millett!  This might be fun to watch just for her.
 
2021-11-30 9:24:47 AM  
Will be appealed to the Supreme Court who will rule that while Trump does not have the authority to claim executive privilege after leaving office that Congress must satisfy a multi-factor balancing test to request executive documents and the issue is remanded to a lower court to determine said test.
 
2021-11-30 9:26:07 AM  
TUESDAT?
 
2021-11-30 9:26:36 AM  
The other Judge, Robert Wilkins recently was featured in his dissent over a ruling that allowed the DoJ to force a dropping of charges against Flynn. This was a landmark case where Barr and crew decided that somehow Flynn had been wronged when he admitted to lying to federal prosecutors in relation to the Mueller investigation.

You have to be somewhat of a nerd to listen to these things but it should be a nerdy good time.
 
2021-11-30 9:29:06 AM  
Next up:  Trump will claim his duties as "45th President"  preclude him from being able to being able to adequately defend himself.  Another 6 months of legal wrangling.

Bill Clinton mutters another "ah shouldahs"
 
2021-11-30 9:29:17 AM  

wademh: Setting the Stage. Congresses filing pdf
[Fark user image image 655x397]


TFG's filing pdf
[Fark user image image 649x407]


It's interesting that the document seems to be spelled correctly, with proper sentence structure.

Just comparing it to other "documents" that we've seen from the likes of Guluani, Wood, and The Kraken. 🤔
 
2021-11-30 9:30:49 AM  
Alright, 159 people waiting to watch this one.

So, is it usually a local opener, and the main event starts about 10-10:30?

What's the etiquette on encores?
 
2021-11-30 9:32:05 AM  
wademh:

If you start a sentence with the word "but" you might be grammatically impaired.

I play fast and loose with grammar a lot. I use slang. I am a constant user of contractions. I know better then* to do that.

/Made your eye twitch, didn't it.
 
2021-11-30 9:33:30 AM  
Apparently this is being broadcast on C-span3 as well
 
2021-11-30 9:35:14 AM  

wademh: Apparently this is being broadcast on C-span3 as well


Yes, listening in on that now.
 
2021-11-30 9:35:21 AM  

wademh: The other Judge, Robert Wilkins recently was featured in his dissent over a ruling that allowed the DoJ to force a dropping of charges against Flynn. This was a landmark case where Barr and crew decided that somehow Flynn had been wronged when he admitted to lying to federal prosecutors in relation to the Mueller investigation.

You have to be somewhat of a nerd to listen to these things but it should be a nerdy good time.


That's why we Farkers love nerds who are willing to listen and share with the rest of us in terms that we will understand after a fifth of scotch!
 
2021-11-30 9:39:20 AM  
This Judges are loaded for bear and ready to take apart TFG's flimsy case. These folks are smart as hell and TFG's lawyers are stretched thin to make their case. This might now have a bunch of quips in the nature of "burn tweets" but TFG's lawyers are being taken to school already.
 
2021-11-30 9:39:49 AM  

eKonk: The fact that this even merits a hearing proves our system is FUBAR.


I agree but probably for different reasons than many in this thread.

They're doing this so that they can create appellate precedent, showing that they applied SCOTUS' recent test from Mazars for executive privilege & what the conclusions for that would be. Doing so makes it much less likely that there will be a SCOTUS injunction blocking the release.

That's bad, because it means they think (reasonably) that SCOTUS might otherwise delay this. But it doesn't mean the DC Circuit itself is broken.
 
2021-11-30 9:40:57 AM  

wademh: You have to be somewhat of a nerd to listen to these things


You know this site's target audience, right?
 
2021-11-30 9:43:02 AM  

wademh: Judge Patricia Millett

[Fark user image 798x291]https://slate.com/news-and-politics/2017/10/meet-patricia-millett-hero-judge-and-the-democrats-next-supreme-court-nominee.html


yea yea yea but does she like beer?
 
2021-11-30 9:43:47 AM  
"Look, I'm being hired to try to prosecute a case for my client but he doesn't have one. You guys keep interrupting me with all of this law stuff and it's really making me look bad. Do you know how hard it is to get this guy to pay? Help me out here."
 
2021-11-30 9:45:00 AM  
About what you'd expect.

Fark user imageView Full Size
 
2021-11-30 9:45:31 AM  
Jesse Birnall looks like that one guy from Buffy.  You know who I'm talking about, just look at him.
 
2021-11-30 9:45:50 AM  
I love how they keep interrupting him and he seems to be flailing a little.

Seems like he is struggling to be specific like the judges are asking.
 
2021-11-30 9:47:18 AM  
"We've released other stuff, we just don't want to release the stuff where the crimes were documented, your honor."
 
2021-11-30 9:48:42 AM  
This request he just advanced, he just failed. And now he's being taken to school, again.

They've tried to claim that the subpoena was over-broad and a fishing expedition, but now they are asking that all of TFG's records are to be protected just because he tried to declare privilege. The inconsistency absolutely kills their case. And the judge is killing them on it.
 
2021-11-30 9:48:56 AM  

mrparks: wademh:

If you start a sentence with the word "but" you might be grammatically impaired.


Agree. "But" should never be used to start a sentence.
 
2021-11-30 9:49:16 AM  
Weak stick is tap dancing and Jackson doesn't seem to be a fan.
 
2021-11-30 9:50:21 AM  
Judges: I'm confused by your brief, you seem to be making separate arguments.

Binnall: word salad
 
2021-11-30 9:50:27 AM  

fluffy_pope: mrparks: wademh:

If you start a sentence with the word "but" you might be grammatically impaired.

Agree. "But" should never be used to start a sentence.


But for a few instances, "but" should never start a sentence.
 
2021-11-30 9:52:30 AM  
Now Millett is giving weak stick a lesson.
 
2021-11-30 9:53:14 AM  

fluffy_pope: mrparks: wademh:

If you start a sentence with the word "but" you might be grammatically impaired.

Agree. "But" should never be used to start a sentence.


The rule is, don't start a sentence with "But". But there are exceptions to every rule.
 
2021-11-30 9:54:31 AM  
Weak Stick "...and, so, but..."
The rare tripe-conjunction.  Only the best lawyers can pull that off.
 
2021-11-30 9:55:36 AM  

Liese: About what you'd expect.

[Fark user image image 674x391]


I haven't wanted that clap someone's ear this badly since I was in grade school.
 
2021-11-30 9:55:43 AM  
Also about what you'd expect.

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2021-11-30 9:57:28 AM  
"I could have been clearer, Your Honor, I get that often. *chuckle*"

...that's why you're an attorney for Trump, methinks. You suck!
 
2021-11-30 9:58:05 AM  

wademh: fluffy_pope: mrparks: wademh:

If you start a sentence with the word "but" you might be grammatically impaired.

Agree. "But" should never be used to start a sentence.

The rule is, don't start a sentence with "But". But there are exceptions to every rule.


That's how I got conjunctivitis.
 
2021-11-30 9:58:07 AM  
This guy seems to be mumbling a gibberish case and Millett has immediately called him on it.
 
2021-11-30 9:58:34 AM  
Of all people, I shouldn't say anything about looks, but geez Dumbo.

Fark user imageView Full Size
 
2021-11-30 9:59:15 AM  

Liese: "I could have been clearer, Your Honor, I get that often. *chuckle*"

...that's why you're an attorney for Trump, methinks. You suck!


His complexion is quite clear, pinkish clear.
 
2021-11-30 9:59:30 AM  
Wow, she just went nuclear.
 
2021-11-30 10:00:27 AM  
"Well, I I I aye, aye, aye, aye ..., I am the Frito bandito."
 
2021-11-30 10:01:27 AM  

Markus5: Of all people, I shouldn't say anything about looks, but geez Dumbo.

[Fark user image 674x391]


Yes, that's what's been bugging me.  The first guy looks like his head has been stretched sideways about 20% too much, and the second guy looks like his head has been squished sideways about 20% too much.
 
2021-11-30 10:02:52 AM  
Former former former former
Former
Former

Holy crap Donnie must be raging out right now.
 
2021-11-30 10:03:16 AM  
Jackson goes to the heart of the matter.

In the power struggle between branches of Government, EP is something that belongs to the Executive Branch, and  the Executive Branch is run by the Current Executive, not by a former President. The responsibility and power to protect the Executive rests with the incumbent.

Case closed.
 
2021-11-30 10:06:47 AM  
Judge: I'm confused why a former president gets to make the decision what Congress gets ... Why is it that the former president is the one who gets to decide that the statutory for a request is satisfied?

Clark: Well I think ...
And when a former president and an incumbent president have a disagreement

.....
 
2021-11-30 10:10:20 AM  
For lawyers, these guys seem to have a great deal of trouble with this law stuff.
Of course TFG was never big on rules and structure or precise language.
 
2021-11-30 10:10:40 AM  

Aquapope: Now Millett is giving weak stick a lesson.


You sure it doesn't just rhyme with stick?
 
2021-11-30 10:14:58 AM  
Listening to Millett, more than in most such hearings, I get the feeling she's already draft written much of her opinion here. And TFG's attorneys know it and are flailing, miserably. I'm finding it rather sweet.
 
2021-11-30 10:17:01 AM  

wademh: Listening to Millett, more than in most such hearings, I get the feeling she's already draft written much of her opinion here. And TFG's attorneys know it and are flailing, miserably. I'm finding it rather sweet.


Yeah, the "hypothetical" that's being pressed right now has a feeling that is the case.  He kept trying to talk to the first two points and she was like "yeah no, let's 'pretend' those are satisfied, so how about point 3?" That feels a lot like "So, you're going to argue these three things.  You're going to lose on the first two, so tell me about the last one?"
 
2021-11-30 10:17:17 AM  
"I don't know, judge"

Wow that's a terrible response to a fairly explicit hypothetical.
 
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