Ninth Circuit, Donald Trump, District Court discussed on Opening Arguments
The court just dismissed out the petition for the Second Habeas petition as being as on procedural grounds right and then I said, and if you were a lawyer, you probably know that that that's not how appellate courts don't order mediation as part of the disposition. So to airs here. Number one professor Basilan is, in fact a lawyer she is a professor of law and again I think if you go back and listen fairly right, that was not that was that was meant to be a description as sort of part of the overall you know, hey, this this would look weird if you're a lawyer, you would look at this description of this case and say this looks kind of weird and that's why that stuck in my head that way. Secondly as at a listener pointed out if a now I've done this I have gone and pulled up the docket in between oral argument and disposition. The Ninth Circuit referred this case to the courts mediation program. It's a little different. and. By the way that is that is something I have never seen a court do. Ever in the entirety of my practice and particularly you you. You don't see that in criminal cases right you you. Might See courts, trying media cases all the time, but typically, your mediating at the District Court level not at the appellate level because all of the equities, right like by by the time you get before the ninth circuit you've already spent the money, right? You've written the briefs it's just on the law it's not about the facts there's there's very little to mediate but that that one hundred percent did happen. I would have written about that very, very differently right professor. Basil on wrote the Ninth Circuit sent the case to mediation a clear signal from his hairs to dismiss the case when she refused to budge the court upheld the conviction on that technicality. Mr Gage is still in prison and and I stand by a couple of things there right number one the mediation order did not include Kamala Harris number two mediations in the interstitial period right are confidential, right? So you know you can say I would infer that but you have no idea. And the mediation order itself is a sentence long it just says the this case has been ordered to mediation for the parties to participate, and again this is a long piece maybe she'd Neville editorial control it's a little bit of a weird way to describe it but hey, in fairness like it's it's a lot of the things I describe on the show one might say that's a weird way for a lawyer to describe something right So. The bottom line is I I did miss read that I I did. Make those those two compounded errors and Iowa I o Professor Baz on an apology and and I o the listeners that that correction. This is why we do. Andrew was wrong I'd I don't like being wrong I tried to do my due diligence but yet, very, very weird procedural quirk in the middle of that case doesn't doesn't change my analysis, but it is important for me to be accountable. So you still don't think it's reasonable to infer what she did there about the case she didn't do anything. Right the court's order sent, David Cook representing the warden for Saint Quentin in his official capacity and the inmate Kevin Chapelle and his court appointed counsel to mediation it went for one session. And, obviously didn't go well again it's privileged. So we don't know why and then the mediation reported back and said, this was not productive and then the court ruled and the court ruled as I described. So I don't hear a comma here is being involved in that at all. Not, was not at all involved in that. But again, very very important and and I did say it should strike a lawyer as odd to write that the ninth circuit ordered mediation standby. It's super on and in fact like you know. She clearly knows more about this case than than than we do and and maybe knows more than is available from publicly available sources. All I can say is it still strikes me as an odd way to describe the case but but I was one hundred percent I do not want to you know. I don't Wanna use that as an excuse to to say, I don't own up to the fact that when I get it wrong I get it wrong and I got yeah. No I just WANNA make sure that we're not throwing the Andrea out with the bathwater always WanNa know like witch thing is wrong and why you know. So that's why I just wanted to clarify the overall point still doesn't sound like Kamla hairs was involved in in and it still sounds weird to say well, Kamla wouldn't budge. So the court did this just like. A. So that's still a weird description right I stand by that yet. Okay. All right. One of the many items of popped up on my news feed that made tells me that you were having a day was. We got another ruling on trump and the tax I can't keep track of all this when it comes to trump and his taxes, it just seems like judges from time to time or like. Yeah. I don't even know if they're involved in any cases that a judge will just be like a trump. Hanover. Your tax returns remind us which of the many cases this is and what's going on yeah. This is trump versus Vance right? That is the investigation in the southern district of New York in to Donald Trump's taxes that we believe primarily relates to misrepresentations regarding real estate. And I have said on this show after the Supreme Court decided the consolidated trump taxes while people were saying okay. Well, this is going to put them beyond everyone's reach before the election I said, you've you know that's it is not impossible that if the courts are cognizant of the fact that that delay is prejudice that Sivan's could get those documents from May Czars. Right from third party sources who, yeah, you know that they're not going to violate their clients trust. But if they are subjected to a valid subpoena, they're not going to violate the law even for the president and. To this morning, the United States District Court for the southern district of new. York..