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I'm as calm as a cu ber homie. I'm actually enjoying seeing you continue to yourself by responding to me while evading the question I've asked several times and will again: would you like me to explain the difference to you?
I admit you're pretty riled up. Go ahead with your meltdown.
I'm as calm as a cu ber homie. I'm actually enjoying seeing you continue to yourself by responding to me while evading the question I've asked several times and will again: would you like me to explain the difference to you?
I explained what the 4th circuit had to do with the subpoenas. Everything after that is you either trying to grandstand or move the goalpost. I'm content with letting your show your ass here.Well, yeah, being a lawyer, this is serious business for me.
Nothing disingenuous about my questions. I've asked several times if you know the difference between an interlocutory appeal and a mandamus. So far, you're just ting yourself senseless and not answering.
So again, would you like to admit you don't know the difference between the two and have me explain it to you?
Sure thing pal.
No. You just posted a mention that the SG filed an app for mandamus in the 4th circuit. I asked whether you know what the difference is between a mandamus and an interlocutory appeal.
Here's a hint: that distinction is really important to why the 4th circuit really doesn't matter to the subpoenas.
I gotta roll and Chris got scared and left, so for those keeping track at home:
Interlocutory appeals are appeals of non-final judgments allowed under 28 USC 1292. For example, they're allowed in narrow cir stances, such as an order granting, denying, modifying, etc ... injunctive relief. However, they are mandatory grants of appellate jurisdiction, meaning the court of appeals has to hear the appeal.
An application for the writ of mandamus, on the other hand, is technically not an appeal but is its own creature under 28 USC 1651 - the All Writs Act. These are highly highly highly disfavored and applied only in "drastic and unique" cir stances where a court exceeds its jurisdiction. Because these are disfavored, an appellate court is under absolutely no obligation to accept the application for the writ or not.
So, just because the SG filed an app for mandamus in the 4th circuit doesn't mean that the 4th circuit will exercise appellate jurisdiction, let alone modify the RFPs in the subpoenas (for which, interestingly, there seems to be authority indicating that they are fine, U.S. v. Nixon). But wait, that's not even what's being mandamus'd - its the district courts denial of a motion to dismiss/certify appeal. Good luck mandamus'ing a denial of a motion to dismiss. So again, why does the 4th circuit matter?
you the man
i dont deal with Fed law much, but CA has a very similar structure. we worked a pe ion for writ some time ago. told the client he has a very slim chance of getting anything but a summary denial. he said he didnt care and paid us to do it. we worked our asses off for a couple weeks (there's only a 20 day window from the date of ruling to file a pe ion for writ). a couple of months later... yep, summary denial. and we're probably gonna appeal it anyway once we're past trial, so all for naught (though we'll just rip the same language from the writ in the discussion section anyway)
the tl;dr for Chris is that the application for writ (which is what was done here) is purely discretionary... the 4th circuit has no obligation to even consider it (and they are heavily disfavored), let alone issue a favorable ruling
Consulted with our appellate guy - who clerked for the 5th Circuit - about a potential mandamus for a prospective client once. He said it’s rare to find one that isn’t borderline sanctionable, let alone successful. He’s been doing appellate work for 20 years.
i dont deal with Fed law much, but CA has a very similar structure. we worked a pe ion for writ some time ago. told the client he has a very slim chance of getting anything but a summary denial. he said he didnt care and paid us to do it. we worked our asses off for a couple weeks (there's only a 20 day window from the date of ruling to file a pe ion for writ). a couple of months later... yep, summary denial. and we're probably gonna appeal it anyway once we're past trial, so all for naught (though we'll just rip the same language from the writ in the discussion section anyway)
i had been barred for less than 3 months when i started drafting the writ pe ion tbh... had no clue what i was doing. boss didnt care since he knew there was almost no chance of it being picked up
Mueller Recommends No Prison Time for Flynn
Means he threw your dear leader under the bus...
Red Sox accept White House invite, and Alex Cora says he'll go via @ESPN App
Why lie?Means he threw your dear leader under the bus...
Snowflakes
Trump hasn't had such a great record in court, that the lawsuit wasn't dismissed and discovery was allowed was a loss.
Trump's cybersecurity adviser, everyone (click the G-20.In link. Someone jumped on det domain name).
Trash and Charlie K share tweet claiming rioting protesters in France are chanting ‘We want Trump’
but ... LOL
https://www.facebook.com/washingtond...2107911147682/
those cops are in London uniforms, very different from French uniforms.
Colbert Breaks Out Striking New Melania Impression, And The Audience Loses It
https://www.huffingtonpost.com/entry...b0fc2361112f6e
apres moi, le deluge
https://www.thedailybeast.com/trump-...en-it-blows-upThe friction came to a head in early 2017 when senior officials offered Trump charts and graphics laying out the numbers and showing a “hockey stick” e in the national debt in the not-too-distant future. In response, Trump noted that the data suggested the debt would reach a critical mass only after his possible second term in office.
“Yeah, but I won’t be here,” the president bluntly said, according to a source who was in the room when Trump made this comment during discussions on the debt.
“Ill have more flexibility after my election, Medvedev”
SMH
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