smart play to line up appellate counsel for when this goes up - ThreadSky

david.noll.org • 1 day ago

smart play to line up appellate counsel for when this goes up

NEW: Judge Dale Ho appoints Paul Clement to present “friend of the court” arguments on the government’s motion to dismiss Eric Adams’s charges.

Comments

theglipper.bsky.social•1 day ago

Although here I don’t read him to be assigning Clement a particular position (unlike how SCOTUS does it). This is akin to designating Clement to be a neutral expert; for all we know, Clement will file a brief agreeing with Adams and the government.

david.noll.org•1 day ago

that wouldn't be the adversarial presentation the court is asking for, so I think it's unlikely.

theglipper.bsky.social•1 day ago

But he's not explicitly asking for arguments against the motion; he's asking Clement to address a series of questions. That's not the language SCOTUS uses when it appoints amici to defend an abandoned position.

david.noll.org•1 day ago

Yeah, Ho's not explicitly saying how Clement should come out and I agree he's picking Clement's brain a bit and relying on him for research and formulating the issues.

formertwtruser.bsky.social•1 day ago

Yup, this was my take too. I see a lot of folks spiking the football already.

formertwtruser.bsky.social•1 day ago

Is denial of a motion to dismiss an appealable order?

jlannik.bsky.social•1 day ago

Yes, but not until the denial is actually issued, which it isn't at this point

sarahposner.bsky.social•1 day ago

I need someone to explain this to me. Is this weird/unusual? Help?

emptywheel.bsky.social•1 day ago

He (one of Biden's most liberal appointees) appointed one of the most conservative lawyers in the country to be his amicus, also one who can argue this competently all the way to SCOTUS.

proudrebelscum.bsky.social•1 day ago

thank you for explaining

ann7837.bsky.social•1 day ago

"most conservative lawyer" is what is confusing. Why? Will his conservative legal-principles affect his arguments?

sarahposner.bsky.social•1 day ago

Right, I know who Clement is. I was just unfamiliar with this process Ho is adopting

piattodelgatto.bsky.social•1 day ago

The only case I can think of where this happened is the Michael Flynn prosecution (which was rendered spot by the Flynn pardon).

https://en.wikipedia.org/wiki/United_States_v._Flynn

piattodelgatto.bsky.social•1 day ago

*moot

proptermalone.bsky.social•1 day ago

same as the case he’s citing: the parties now agree, so to present an adversarial argument you need amicus

fatalnyc.bsky.social•1 day ago

and to have the amicus explain the powers/constraints the court has, since Bove has argued that the court has no discretion here (and Adams obviously has no incentive to argue otherwise).

anaphoristand.bsky.social•1 day ago

I mean, Adams DOES have a ton of incentive to argue otherwise, insofar as the without prejudice nature of the dismissal is the manner by which they're extorting him. That said, his NOT voicing that argument is likely a requisite part of the extortion.

sarahposner.bsky.social•1 day ago

(I mean I know the whole situation is weird and unusual, obviously)

smbrnsn.bsky.social•1 day ago

Not really my area, but I find this thread (and replies) convincing. https://bsky.app/profile/kovarsky.bsky.social/post/3lipemgux3k2x

david.noll.org•1 day ago

Appointing an amicus to advance a position the government has abandoned happens in the Supreme Court, but it's not really something you see in district courts. This will give Ho a lot more to work with, and Clement will defend the ruling when it's appealed.

sarahposner.bsky.social•1 day ago

Clement will HAVE TO defend Ho's ruling, whatever it is?

jlannik.bsky.social•1 day ago

No, but if Ho rules against the government (and presumably for what Clement advocates) then he will

david.noll.org•1 day ago

Right. He's not obligated by the court's order to defend Judge Ho's ruling on appeal, but he wouldn't have taken the assignment if he wasn't prepared to do so.

djyohimbe.bsky.social•1 day ago

SCROTUS will still overturn it and he'll be acquitted.

Comments

Posting Rules

Reply