The legal community got a reminder to mute their phones during conference calls when a toilet flush was heard during the U.S. Supreme Court’s telephonic oral argument. [Law.com; CNN]
A recall petition was filed against City of Las Vegas Mayor Carolyn Goodman. [TNI]
City of Las Vegas City Attorney Brad Jerbic is leaving the job to join the private sector. [RJ]
Governor Sisolak will have a press conference at 3 pm today where he will announce the pre-May 15 date the state will officially enter Phase 1. You can watch it on his YouTube Channel. [Las Vegas Sun]
One of our readers has noticed an uptick in virtual firms seeking recruits. Have you seen these? While there isn’t just one model, it generally involves some association of lawyers using a cloud-based platform, typically working remotely, and varying between treating attorneys as partners, W2 employees, or 1099 independent contractors. The upside is lower overheard which means more take home for the lawyers. Are any of you involved in any of these firms? Have you researched them? Are they scams looking for gullible suckers or is the future of the legal profession?
There are more RJ debates on the Family Court races.
Debates are presumably for the purpose of taking controversial, provocative positions, or at least positions not held by large percentages of the population.
Ideally, debates should stimulate thought and analysis.
But in these Family Court debates the big issue raised by everyone is that "best interests of children" is important to focus on.
Which raises a question. Is this actually a bone of contention? Are there candidates who say they will ignore "best interests of children"?
If not, can't these learned attorneys find anything of more interest or substance to say?
Guest
Anonymous
May 7, 2020 5:06 pm
I knew a firm sorta similar to those "virtual firms" in another state. They had a service where they could rent a physical office on an hourly basis and it came with a receptionist. I think they also used a secretarial pool service.
It doesn't seem like a good way to build a sense of "partnership," but I think it made their public-interesty practice more economically viable.
Guest
Anonymous
May 7, 2020 5:13 pm
Recall election against Fabulous Goodman???? What about Sisolak? He ruined our state and decreed a medication that is saving lives across the world be denied to Nevada citizens! I stand with my Mayor.
Unrelated question to 10:13… if scientists develop a Covid vaccine will you take it, and (2) will you also concede that the earth is round?
Also, as point of clarification, unless you live within the small area that is incorporated as the City of Las Vegas, she is actually not your Mayor. Rather, your "Mayor" would be the County Commissioners (one of which was Sisolak for the previous 10 years).
10:13 – You make it embarrassing to be a Republican. I understand that you do not have the capacity or self awareness to realize that on your own, but you really should know that.
The 4:50 video plus the Bridgegate opinion plus the shocking Flynn revelations have me wondering if there's enough tin foil in the world. WTF?
Guest
Anonymous
May 7, 2020 5:16 pm
Goodman's heart is in the right place. We won't know whether she or Sisolak is right for months or maybe a year, before we can see the actual economic damage.
She understands that the hundreds of millions of lost revenue will not magically return. She also understands that if you buy into the idea of free citizens who can reason and make decisions (like who to vote for), they can weigh and balance information and decide how to proceed.
On the other hand, the mighty Sisolak thinks he knows exactly how every citizen should behave. He envisions himself smarter than doctors, business owners, school leaders, etc. Give him a mustachio and how far off would you be?
My heart was breaking for Goodman. Call me an idiot if you will but I felt her pain for the city and she's been mocked. I spent a good week telling my out of state friends and family the dynamic in the city and reassuring them that Goodman cares about this city. I also may have mentioned she was likely tipsy during the CNA interview, but who isn't. I love that woman. She's crazy, but I love her. I had respect for Sisolak although I didn't vote for him, but I've lost all of that respect in the last few weeks. I felt he did the right thing shutting down but now we're in this rabbit hole and he doesn't have the leadership qualities to reassure the citizens and put a plan together.
My heart is breaking for my mother and my immediate family who are nurses and doctors who are fighting this virus on the frontline everyday. My heart breaks for the 73k lives we have lost. These people deserve our utmost resoect. They are also entitled to this state being opened safely and slowly. People are more important than business.
Her heart is debatable, did not see a lot of compassion for the workers or visitors who could end up getting sick. Her brains are nowhere to be found. Where I can sign the recall petition?
The numbers haven’t really gone down that much, although they’ve quit going up. But yes, let’s do reopen so that we can be right back in the same boat within a couple of months.
@10:53 – this is @10:45. My comment does not presuppose lack of concern for any "front line" workers. My father is a physician and guess what he's telling me, the media has over-hyped this extensively. I have two friends who are RN's as well and they state that the individuals who die would likely have died in short term due to their comorbidity. Not that anyone deserves to die – but the vast majority of those dying are elderly patients and obese patients. No one deserves to die and my compassion for a leader of a city built on hospitality watching her entire city die does not mean I lack compassion for anyone who has died or anyone working the "front lines." I'm not arguing with you, I am stating that as a matter of fact, I agree with your point as well with the caveat that I am of the opinion that the media has distorted facts. Also – each city is different. Different concentrations of citizens, different citizen demographics. I do not believe that Mayor Goodman lacks compassion for medical professionals or anyone who has been afflicted with COVID19. I believe it was brave of her to go on national television and state an opinion that only leaders in states say – Texas – are allowed to convey without ridicule. The Lt. Gov. of Texas has been advocating for a "reopen" long before Mayor Goodman and his statements received virtually no press. You do not have to wish death on individuals if you also wish to reboot our economy. It's complex, sad and a mess.
Did people forget what Goodman said in the Anderson Cooper interview? That she previously offered Las Vegas as a "control group" i.e., we can see how many people die here vs. where action is taken and learn how bad the virus is, because "everyone who knows statistics knows you have to have a control group"
That's why people are mocking her. Because she's making supid-ass arguments and trying to argue "science" is on her side (nevermind the actual scientists and public health officials or what they think). People aren't mocking her because she wants to reopen Las Vegas, they're mocking her because she sounded like a fucking imbecile (in my non-disparaging non-defamatory opinion)
11:52, there is nothing being overblown about this virus. Don't belittle 10:58. I agree with them. You want to be an anti-hoaxer of the virus and risk other people's lives, fuck you and your idiotic old man.
@1:30 – fuck my doctor father who has given me actual facts? Ok, seems logical. I take it you're obese or have one of the many comorbidity's so you're freaking out. Stay calm, wash your hands and wear a mask and continue to shelter in place and the rest of us will go back to work (or keep working rather) to make sure when you die in the hospital you'll die alone but with a state-of-the-art ventilator.
@12:58 – if you read my original comment I agree, she's crazy and I think she may have been a bit drunk?? Who knows. I just feel her heart is in the right place. Maybe it's not – who knows, but I still love that crazy woman.
Thank you, 1:39. I think that Goodman's heart is in the right place. Sisolak's is not.
Guest
Anonymous
May 7, 2020 6:26 pm
Yes, you're right 11:10, and the virus is killing more people in NY and NJ because it knows the people there have a Democratic Governor.
Guest
Anonymous
May 7, 2020 6:47 pm
10:01-Usually judicial elections for open seats are tame and boring, in part because there are no real "issues" plus the rules really restrict what can be said by a candidate during judicial campaigning.
Now, sometimes when there is an incumbent in the race and his/her record is at issue, these debates become a bit more interesting. In RJC election the opponents of Judge Hardy and Judge Israel have been aiming some shots at them.
How well any of it sticks with the public, or makes any difference, is debatable. The public usually totally ignores judicial races.
Guest
Anonymous
May 7, 2020 7:13 pm
For those civil rights 1983 attorneys: Can General Flynn file a civil rights action against the FBI and DOJ? The evidence is overwhelming that he was set up and wrongly prosecuted.
Could you tell us more about this setup please and does it depend on him not knowing lying to the FBI is a crime until he was told as much notwithstanding his position and career?
My understanding is he did not lie. The FBI originally wanted to close the investigation because there was no proof of a crime. Then Comey and Strozk got involved. They sent agents to interview Flynn to spring a perjury trap. Flynn forgot the contents of a call and they charged him.
The agent's original summary was lost? They finally produced the agent's briefing notes where they wrote down that the goal of interviewing Flynn was to get him to make an error and then charge him. They pretended to be working with him and kept asking questions about a call for which they had a transcript until he finally recalled some detail incorrectly.
Or, as Dan Bongino says, they went to create a crime rather than investigate one. Show me the man, and I will find you the crime.
@ 12:28 – he didn't lie. The DOJ motion to dismiss is posted online. I personally think every citizen should read the motion and if doesn't send chills down your spine you should look and the mirror and ask yourself if you're a Lisa Page, Jim Comey, Andy McCabe, Bob Muller, Peter Strzok…..or any of the like and if you answer yes, you should do some deep reflection on your soul. And yes, Flynn can sue. He can also sue the individuals because he can allege their conduct exempts them from immunity.
" They pretended to be working with him and kept asking questions about a call for which they had a transcript until he finally recalled some detail incorrectly."
Just wait until you hear about what police officers do!
Average person commits 5 felonies per day. Where the Agent's notes expressly state that the intention was to make Flynn lie so that they could charge him, it should send shivers down the spine of most citizens, at least citizens who do not do Federal criminal work (on either side) because that is exactly what agents do and are taught to do– get them on something. It is very clear that you are not to leave any interview or investigation without something. This agent was just stupid enough to write it down.
Trump once said “I had to fire General Flynn because he lied to the Vice President and the FBI. He has pled guilty to those lies. It is a shame because his actions during the transition were lawful. There was nothing to hide!"
We can debate if he did or didn't lie about Russia all day long. Where he could grab the high ground is on the entrapment claim. Anything the two FBI agents touched turned rotten.
Who gets to file an opposition that has additional facts that are not slanted. Let me guess – you believe a motion should be granted based upon just hearing the insurance defense’s motion because the motion always includes all relevant facts.
@3:48 – are you an attorney? If so, eek. You do realize this is the prosecutions motion to dismiss??? It is tantamount to a non-opposition to Flynn's motion to set aside his plea???? What facts are slanted? The facts are quoted. Have you read the motion? Dude, even my liberal democrat attorney friends have to eat this one. This isn't political – this is scary.
@ 4:27 – you're hilarious. I was once laid off from a job and withdraws were filed in my cases same day. I sure hope people thought it was my civil disobedience when they saw my withdraws and didn't know I was shit canned! It's cute how you suspect the withdraw was some form of moral or political choice. Wow, just wow.
It is well known that the Obama administration used the DOJ and other agencies for political purposes. For example, just this week the SCOTUS unanimously overturned a witch hunt prosecution in Kelly v. US. Blagovich was clearly targeted for political reasons. The IRS was weaponized to go after conservative foundations. And so on.
Comey and Brennan literally broke laws to get wiretaps and harass Trump based on a completely fake Steele report that Clinton had paid to have written to target Trump. The FISA court opinion burned my fingers. Ouch.
The targeting of Flynn must have been authorized by Obama. He used to brag about being a master of Chicago politics. It is not a stretch to say he used the Chicago machine techniques in DC. Remember, the week before Corona becamse the media's latest anti-Trump vendetta, Trump was defending a completely fake hoax impeachment. They've done everything they can to take down Trump and he is still riding high in the polls.
Obama and the D machine should be very worried. It's now time to flip on Clinton and her henchmen before the fit hits the shan. Or buckle down for the final confrontation, ala JFK.
4:27, the only prosecutor who withdrew is the same one who was caught with his pants down violating the judge's order to produce documents. It turns out those documents revealed the written plan to take down Flynn.
Dollars to donuts he has hired defense counsel. Scumbag prosecutors who use the immense powers granted to them to take down innocent people should face the full force of the law.
Surely, even the left wing attorneys would understand this, right? There are innocent men and woman of all sorts of races and backgrounds rotting in prison because of prosecutors like this. Shouldn't 2020 be about taking a stand and stopping this horrible practice? You don't have to be Bundy supporter to know this goes on here in Nevada, too.
I am pretty stunned at those on the left who are not looking at this and saying "While I hate anyone associated with Trump getting off, I hate dirty prosecutors even more." This one is a non-brainer. Just like a unanimous Supreme Court throwing out Bridgegate. It is not politics; it is due process.
4:41 – Isn't it possible (dare I say even likely) that the democratic leadership and the Trump administration are both full of horribly corrupt criminals?
I have never really understood the Trumper mentality that it has to be one or the other. Nor do I get the impulse to point to prior misconduct of democrats when confronted with clear evidence of illegal conduct by Trump. Of course, this also extend to evidence presented of Trump being incompetent or generally just a terrible human being. You are correct, Hillary should probably be in prison, but how does her misconduct excuse Trumps or in anyway relate to it?
If you remove all of your bias, the only reasonable conclusion is that ALL of these people are self-interested criminals who have done, and continue to do, terrible things that are ruining this country.
It just is so painfully apparent to me that you are being manipulated that I just don't get how you don't see it as well given that you seem otherwise to be reasonable.
I heard he got Plasticized, but is expected to recover.
Guest
Anonymous
May 7, 2020 8:24 pm
Hey John Ralston why have you not been commenting on the massive conflict of interest involving Justice Pickering? The conflict is flying the face of every Nevada citizen and she could care less because she thinks she is above the law. Justice Hardesty is trying to be the next chancellor and Rick Trachok, yes that is Justice Pickering's former law partner, has nominated Hardesty. Clearly Justice Pickering should have recused herself from this case. Why even put yourself in this position, other than you must believe the judicial cannons don't apply to you.
I agree with @1:24 — Instead of an innocent toilet flush, why is no one talking about the conflict of interest with Justice Pickering sitting on the pending writ of mandamus filed by the Board of Regents?
As Steve Sebelius points out, the writ was not filed by the candidate seeking appointment (Justice Hardesty), instead it was filed by the Board of Regents.
Remember when Justice Pickering's firm used to be called: Morris Pickering Peterson & Trachok……. but hey, no one look over here at this conflict…. instead, let's focus on a toilet flush!
But seriously, Justice Pickering should not be sitting on this decision. If being former law partners is not a conflict, I cannot think of what could possibly be.
@1:32 — do you think that if a former law partner is a party in a lawsuit that recusal is not necessary?? come on…..that's conflict 101
Guest
Anonymous
May 7, 2020 9:09 pm
Instead of an innocent toilet flush, why is no one talking about the conflict of interest with Justice Pickering sitting on the pending writ of mandamus filed by the Board of Regents?
As Steve Sebelius points out, the writ was not filed by the candidate seeking appointment (Justice Hardesty), instead it was filed by the Board of Regents.
Remember when Justice Pickering's firm used to be called: Morris Pickering Peterson & Trachok……. but hey, no one look over here at this conflict…. instead, let's focus on a toilet flush!
But seriously, Justice Pickering should not be sitting on this decision. If being former law partners is not a conflict, I cannot think of what could possibly be.
Check your facts. First, Hardesty also filed a writ himself–not just the board. Second, Trachok is neither an attorney in the case or the party–he is one member of a public body and does not alone control the 13-member board. Finally, the article you cite states that a different regent asked the general counsel to file it. But don't let facts get in the way of a good smear of an excellent jurist.
@ 2:28 — a good jurist would avoid even the appearance of impropriety.
Regarding your Sebelius comment — who is the ACTUAL party? Certainly you agree that it's not the person mentioned in Sebelius' article, correct?
You'll agree with me hopefully that the caption and party is actually the Board of Regents — of which Trachok is a member, is he not?
Your argument is like saying that since there's no conflict regarding the other 12 board members, the very clear conflict that she has with the 1 board member (Trachok) can be over-looked.
Don't let common sense get in the way of your undying devotion to Justice Conflict — I mean Pickering
Kris Pickering sucks. She does not follow the law or procedure. She allowed one party in an appeal case my office mate worked on file a response brief several months after the opening brief, because she felt like it. She did not even follow the proper procedure.
3:09– Yeah that happens all of the time. Called deciding a case on its merits. Odds are the response brief made very little difference in the ultimate disposition.
As a side note, being former law partners has been held time and again to generally NOT be a conflict of interest unless (a) the case originated during the partnership; or (b) the partnership was so recent in time that a bias can be presumed. Pickering has been on the Court for 11 years. This does not meet any of the criteria for recusal or disqualification. I like Sebelius but he clearly has no concept of what the actual standard for recusal is.
This does not surprise me about Pickering, granting a long extension. She and the NV Supreme Court do whatever they want. They don't even read the briefs. The court of appeals is the same way
Basically every court except SCOTUS will allow you to file a brief out of time. It's not worth the gamble and it makes you look bad, so you should still file on time. But courts generally aren't going to punish your client (by disallowing any response) because you couldn't get your shit together.
If Pickering is so bad, I really, really hope you have a better example than that.
Not every court allows you to do that, file your responsive pleading whenever you feel like it. 8th Judicial does not. Federal court does not. Not applying laws is sufficient reason not to support Pickering.
Guest
Anonymous
May 7, 2020 9:13 pm
this is insane – she should be ashamed and immediately recuse herself
Guest
Anonymous
May 7, 2020 9:22 pm
Morris Pickering Peterson & Trachok….
@1:32 if Trachok was filing a lawsuit in his own name rather than as a board member, would you still think there's no conflict?
What if the case was captioned: "Rick Trachok v. John Doe."
I am not 1:32 but I will respond: Correct. I would still think that there is not a recusable conflict unless the personal relationship between Pickering and Trachok was so close that her impartiality would be unquestionably impeded. The cases on disqualification on the issue of "former law partners over a decade ago" lean very heavily against recusal/disqualification.
Guest
Anonymous
May 8, 2020 12:33 am
75 k dead in America, why don't we ask what political party they belong to? Shame in you anti-hoaxers.
There are more RJ debates on the Family Court races.
Debates are presumably for the purpose of taking controversial, provocative positions, or at least positions not held by large percentages of the population.
Ideally, debates should stimulate thought and analysis.
But in these Family Court debates the big issue raised by everyone is that "best interests of children" is important to focus on.
Which raises a question. Is this actually a bone of contention? Are there candidates who say they will ignore "best interests of children"?
If not, can't these learned attorneys find anything of more interest or substance to say?
I knew a firm sorta similar to those "virtual firms" in another state. They had a service where they could rent a physical office on an hourly basis and it came with a receptionist. I think they also used a secretarial pool service.
It doesn't seem like a good way to build a sense of "partnership," but I think it made their public-interesty practice more economically viable.
Recall election against Fabulous Goodman???? What about Sisolak? He ruined our state and decreed a medication that is saving lives across the world be denied to Nevada citizens! I stand with my Mayor.
Is it saving lives?
Only if you have Malaria or Lupus. (Forgive 10:13, he/she gets his news from Fox & Friends.)
Unrelated question to 10:13… if scientists develop a Covid vaccine will you take it, and (2) will you also concede that the earth is round?
Also, as point of clarification, unless you live within the small area that is incorporated as the City of Las Vegas, she is actually not your Mayor. Rather, your "Mayor" would be the County Commissioners (one of which was Sisolak for the previous 10 years).
10:13 – You make it embarrassing to be a Republican. I understand that you do not have the capacity or self awareness to realize that on your own, but you really should know that.
Grab your tinfoil and watch this.
2:38 – you made me laugh. How fast can you type? My paralegal needs an assistant, and she likes to laugh.
The 4:50 video plus the Bridgegate opinion plus the shocking Flynn revelations have me wondering if there's enough tin foil in the world. WTF?
Goodman's heart is in the right place. We won't know whether she or Sisolak is right for months or maybe a year, before we can see the actual economic damage.
She understands that the hundreds of millions of lost revenue will not magically return. She also understands that if you buy into the idea of free citizens who can reason and make decisions (like who to vote for), they can weigh and balance information and decide how to proceed.
On the other hand, the mighty Sisolak thinks he knows exactly how every citizen should behave. He envisions himself smarter than doctors, business owners, school leaders, etc. Give him a mustachio and how far off would you be?
My heart was breaking for Goodman. Call me an idiot if you will but I felt her pain for the city and she's been mocked. I spent a good week telling my out of state friends and family the dynamic in the city and reassuring them that Goodman cares about this city. I also may have mentioned she was likely tipsy during the CNA interview, but who isn't. I love that woman. She's crazy, but I love her. I had respect for Sisolak although I didn't vote for him, but I've lost all of that respect in the last few weeks. I felt he did the right thing shutting down but now we're in this rabbit hole and he doesn't have the leadership qualities to reassure the citizens and put a plan together.
My heart is breaking for my mother and my immediate family who are nurses and doctors who are fighting this virus on the frontline everyday. My heart breaks for the 73k lives we have lost. These people deserve our utmost resoect. They are also entitled to this state being opened safely and slowly. People are more important than business.
Are they using the three pill combo with hydroxychloroquine for Covid?
Her heart is debatable, did not see a lot of compassion for the workers or visitors who could end up getting sick. Her brains are nowhere to be found. Where I can sign the recall petition?
The numbers haven’t really gone down that much, although they’ve quit going up. But yes, let’s do reopen so that we can be right back in the same boat within a couple of months.
Sisolak is murdering Nevada citizens and destroying their livelihoods. Save Nevada! Goodman for Governor!
Not get political, but D states are dangerous places to be compared to R states.
@10:53 – this is @10:45. My comment does not presuppose lack of concern for any "front line" workers. My father is a physician and guess what he's telling me, the media has over-hyped this extensively. I have two friends who are RN's as well and they state that the individuals who die would likely have died in short term due to their comorbidity. Not that anyone deserves to die – but the vast majority of those dying are elderly patients and obese patients. No one deserves to die and my compassion for a leader of a city built on hospitality watching her entire city die does not mean I lack compassion for anyone who has died or anyone working the "front lines." I'm not arguing with you, I am stating that as a matter of fact, I agree with your point as well with the caveat that I am of the opinion that the media has distorted facts. Also – each city is different. Different concentrations of citizens, different citizen demographics. I do not believe that Mayor Goodman lacks compassion for medical professionals or anyone who has been afflicted with COVID19. I believe it was brave of her to go on national television and state an opinion that only leaders in states say – Texas – are allowed to convey without ridicule. The Lt. Gov. of Texas has been advocating for a "reopen" long before Mayor Goodman and his statements received virtually no press. You do not have to wish death on individuals if you also wish to reboot our economy. It's complex, sad and a mess.
Did people forget what Goodman said in the Anderson Cooper interview? That she previously offered Las Vegas as a "control group" i.e., we can see how many people die here vs. where action is taken and learn how bad the virus is, because "everyone who knows statistics knows you have to have a control group"
That's why people are mocking her. Because she's making supid-ass arguments and trying to argue "science" is on her side (nevermind the actual scientists and public health officials or what they think). People aren't mocking her because she wants to reopen Las Vegas, they're mocking her because she sounded like a fucking imbecile (in my non-disparaging non-defamatory opinion)
11:52, there is nothing being overblown about this virus. Don't belittle 10:58. I agree with them. You want to be an anti-hoaxer of the virus and risk other people's lives, fuck you and your idiotic old man.
1:30: stay classy.
@1:30 – fuck my doctor father who has given me actual facts? Ok, seems logical. I take it you're obese or have one of the many comorbidity's so you're freaking out. Stay calm, wash your hands and wear a mask and continue to shelter in place and the rest of us will go back to work (or keep working rather) to make sure when you die in the hospital you'll die alone but with a state-of-the-art ventilator.
@12:58 – if you read my original comment I agree, she's crazy and I think she may have been a bit drunk?? Who knows. I just feel her heart is in the right place. Maybe it's not – who knows, but I still love that crazy woman.
Thank you, 1:39. I think that Goodman's heart is in the right place. Sisolak's is not.
Yes, you're right 11:10, and the virus is killing more people in NY and NJ because it knows the people there have a Democratic Governor.
10:01-Usually judicial elections for open seats are tame and boring, in part because there are no real "issues" plus the rules really restrict what can be said by a candidate during judicial campaigning.
Now, sometimes when there is an incumbent in the race and his/her record is at issue, these debates become a bit more interesting. In RJC election the opponents of Judge Hardy and Judge Israel have been aiming some shots at them.
How well any of it sticks with the public, or makes any difference, is debatable. The public usually totally ignores judicial races.
For those civil rights 1983 attorneys: Can General Flynn file a civil rights action against the FBI and DOJ? The evidence is overwhelming that he was set up and wrongly prosecuted.
Could you tell us more about this setup please and does it depend on him not knowing lying to the FBI is a crime until he was told as much notwithstanding his position and career?
My understanding is he did not lie. The FBI originally wanted to close the investigation because there was no proof of a crime. Then Comey and Strozk got involved. They sent agents to interview Flynn to spring a perjury trap. Flynn forgot the contents of a call and they charged him.
The agent's original summary was lost? They finally produced the agent's briefing notes where they wrote down that the goal of interviewing Flynn was to get him to make an error and then charge him. They pretended to be working with him and kept asking questions about a call for which they had a transcript until he finally recalled some detail incorrectly.
Or, as Dan Bongino says, they went to create a crime rather than investigate one. Show me the man, and I will find you the crime.
That's a violation of civil rights, no?
@ 12:28 – he didn't lie. The DOJ motion to dismiss is posted online. I personally think every citizen should read the motion and if doesn't send chills down your spine you should look and the mirror and ask yourself if you're a Lisa Page, Jim Comey, Andy McCabe, Bob Muller, Peter Strzok…..or any of the like and if you answer yes, you should do some deep reflection on your soul. And yes, Flynn can sue. He can also sue the individuals because he can allege their conduct exempts them from immunity.
" They pretended to be working with him and kept asking questions about a call for which they had a transcript until he finally recalled some detail incorrectly."
Just wait until you hear about what police officers do!
Average person commits 5 felonies per day. Where the Agent's notes expressly state that the intention was to make Flynn lie so that they could charge him, it should send shivers down the spine of most citizens, at least citizens who do not do Federal criminal work (on either side) because that is exactly what agents do and are taught to do– get them on something. It is very clear that you are not to leave any interview or investigation without something. This agent was just stupid enough to write it down.
If 1:00 is right, every last cop needs to be sued into the ground.
DOJ motion made me choke up a bit.
Trump once said “I had to fire General Flynn because he lied to the Vice President and the FBI. He has pled guilty to those lies. It is a shame because his actions during the transition were lawful. There was nothing to hide!"
We can debate if he did or didn't lie about Russia all day long. Where he could grab the high ground is on the entrapment claim. Anything the two FBI agents touched turned rotten.
@1:49 – read the DOJ Motion to Dismiss then come back to the party. There is no real debate on this anymore (no credible one).
Who gets to file an opposition that has additional facts that are not slanted. Let me guess – you believe a motion should be granted based upon just hearing the insurance defense’s motion because the motion always includes all relevant facts.
@3:48 – are you an attorney? If so, eek. You do realize this is the prosecutions motion to dismiss??? It is tantamount to a non-opposition to Flynn's motion to set aside his plea???? What facts are slanted? The facts are quoted. Have you read the motion? Dude, even my liberal democrat attorney friends have to eat this one. This isn't political – this is scary.
Weird that multiple DOJ attorneys working on the case withdrew rather than sign the motion. I am sure it wasn’t political at all.
@ 4:27 – you're hilarious. I was once laid off from a job and withdraws were filed in my cases same day. I sure hope people thought it was my civil disobedience when they saw my withdraws and didn't know I was shit canned! It's cute how you suspect the withdraw was some form of moral or political choice. Wow, just wow.
4:27– I think you are confusing your cases. Multiple DOJ attorneys withdrew rather than signing the Roger Stone sentencing recommendations. I am not aware of any DOJ attorney who withdrew/quit over the Flynn Motion. https://www.cnn.com/2020/02/11/politics/roger-stone-sentencing-justice-department/index.html
It is well known that the Obama administration used the DOJ and other agencies for political purposes. For example, just this week the SCOTUS unanimously overturned a witch hunt prosecution in Kelly v. US. Blagovich was clearly targeted for political reasons. The IRS was weaponized to go after conservative foundations. And so on.
Comey and Brennan literally broke laws to get wiretaps and harass Trump based on a completely fake Steele report that Clinton had paid to have written to target Trump. The FISA court opinion burned my fingers. Ouch.
The targeting of Flynn must have been authorized by Obama. He used to brag about being a master of Chicago politics. It is not a stretch to say he used the Chicago machine techniques in DC. Remember, the week before Corona becamse the media's latest anti-Trump vendetta, Trump was defending a completely fake hoax impeachment. They've done everything they can to take down Trump and he is still riding high in the polls.
Obama and the D machine should be very worried. It's now time to flip on Clinton and her henchmen before the fit hits the shan. Or buckle down for the final confrontation, ala JFK.
This here is some scary stuff.
4:27, the only prosecutor who withdrew is the same one who was caught with his pants down violating the judge's order to produce documents. It turns out those documents revealed the written plan to take down Flynn.
Dollars to donuts he has hired defense counsel. Scumbag prosecutors who use the immense powers granted to them to take down innocent people should face the full force of the law.
Surely, even the left wing attorneys would understand this, right? There are innocent men and woman of all sorts of races and backgrounds rotting in prison because of prosecutors like this. Shouldn't 2020 be about taking a stand and stopping this horrible practice? You don't have to be Bundy supporter to know this goes on here in Nevada, too.
I am pretty stunned at those on the left who are not looking at this and saying "While I hate anyone associated with Trump getting off, I hate dirty prosecutors even more." This one is a non-brainer. Just like a unanimous Supreme Court throwing out Bridgegate. It is not politics; it is due process.
4:41 – Isn't it possible (dare I say even likely) that the democratic leadership and the Trump administration are both full of horribly corrupt criminals?
I have never really understood the Trumper mentality that it has to be one or the other. Nor do I get the impulse to point to prior misconduct of democrats when confronted with clear evidence of illegal conduct by Trump. Of course, this also extend to evidence presented of Trump being incompetent or generally just a terrible human being. You are correct, Hillary should probably be in prison, but how does her misconduct excuse Trumps or in anyway relate to it?
If you remove all of your bias, the only reasonable conclusion is that ALL of these people are self-interested criminals who have done, and continue to do, terrible things that are ruining this country.
It just is so painfully apparent to me that you are being manipulated that I just don't get how you don't see it as well given that you seem otherwise to be reasonable.
Wait, I thought we were discussing Flynn?? What crimes of Trump are you referring to?
4:41: Read this.
Is something up with Chumlee from pawn stars?
I heard he got Plasticized, but is expected to recover.
Hey John Ralston why have you not been commenting on the massive conflict of interest involving Justice Pickering? The conflict is flying the face of every Nevada citizen and she could care less because she thinks she is above the law. Justice Hardesty is trying to be the next chancellor and Rick Trachok, yes that is Justice Pickering's former law partner, has nominated Hardesty. Clearly Justice Pickering should have recused herself from this case. Why even put yourself in this position, other than you must believe the judicial cannons don't apply to you.
You said a lot of words but none of them articulated a conflict.
I agree with @1:24 — Instead of an innocent toilet flush, why is no one talking about the conflict of interest with Justice Pickering sitting on the pending writ of mandamus filed by the Board of Regents?
As Steve Sebelius points out, the writ was not filed by the candidate seeking appointment (Justice Hardesty), instead it was filed by the Board of Regents.
https://www.reviewjournal.com/opinion/opinion-columns/steve-sebelius/steve-sebelius-when-the-question-supplies-the-answer-1999646/
Specifically, the case is captioned: In Re: Bd. of Regents of the Nev. System of Higher Educ.
@1:32 — you ask why is this a conflict?
Among the Current Board of Regent members is Rick Trachok.
https://nshe.nevada.edu/leadership-policy/board-of-regents/current-regents/rick-trachok/
Remember when Justice Pickering's firm used to be called: Morris Pickering Peterson & Trachok……. but hey, no one look over here at this conflict…. instead, let's focus on a toilet flush!
But seriously, Justice Pickering should not be sitting on this decision. If being former law partners is not a conflict, I cannot think of what could possibly be.
@1:32 — do you think that if a former law partner is a party in a lawsuit that recusal is not necessary?? come on…..that's conflict 101
Instead of an innocent toilet flush, why is no one talking about the conflict of interest with Justice Pickering sitting on the pending writ of mandamus filed by the Board of Regents?
As Steve Sebelius points out, the writ was not filed by the candidate seeking appointment (Justice Hardesty), instead it was filed by the Board of Regents.
https://www.reviewjournal.com/opinion/opinion-columns/steve-sebelius/steve-sebelius-when-the-question-supplies-the-answer-1999646/
Specifically, the case is captioned: In Re: Bd. of Regents of the Nev. System of Higher Educ.
So you might ask why is this a conflict?
Among the Current Board of Regent members is Rick Trachok.
https://nshe.nevada.edu/leadership-policy/board-of-regents/current-regents/rick-trachok/
Remember when Justice Pickering's firm used to be called: Morris Pickering Peterson & Trachok……. but hey, no one look over here at this conflict…. instead, let's focus on a toilet flush!
But seriously, Justice Pickering should not be sitting on this decision. If being former law partners is not a conflict, I cannot think of what could possibly be.
Check your facts. First, Hardesty also filed a writ himself–not just the board. Second, Trachok is neither an attorney in the case or the party–he is one member of a public body and does not alone control the 13-member board. Finally, the article you cite states that a different regent asked the general counsel to file it. But don't let facts get in the way of a good smear of an excellent jurist.
@ 2:28 — a good jurist would avoid even the appearance of impropriety.
Regarding your Sebelius comment — who is the ACTUAL party? Certainly you agree that it's not the person mentioned in Sebelius' article, correct?
You'll agree with me hopefully that the caption and party is actually the Board of Regents — of which Trachok is a member, is he not?
Your argument is like saying that since there's no conflict regarding the other 12 board members, the very clear conflict that she has with the 1 board member (Trachok) can be over-looked.
Don't let common sense get in the way of your undying devotion to Justice Conflict — I mean Pickering
Kris Pickering sucks. She does not follow the law or procedure. She allowed one party in an appeal case my office mate worked on file a response brief several months after the opening brief, because she felt like it. She did not even follow the proper procedure.
3:09– Yeah that happens all of the time. Called deciding a case on its merits. Odds are the response brief made very little difference in the ultimate disposition.
As a side note, being former law partners has been held time and again to generally NOT be a conflict of interest unless (a) the case originated during the partnership; or (b) the partnership was so recent in time that a bias can be presumed. Pickering has been on the Court for 11 years. This does not meet any of the criteria for recusal or disqualification. I like Sebelius but he clearly has no concept of what the actual standard for recusal is.
This does not surprise me about Pickering, granting a long extension. She and the NV Supreme Court do whatever they want. They don't even read the briefs. The court of appeals is the same way
Basically every court except SCOTUS will allow you to file a brief out of time. It's not worth the gamble and it makes you look bad, so you should still file on time. But courts generally aren't going to punish your client (by disallowing any response) because you couldn't get your shit together.
If Pickering is so bad, I really, really hope you have a better example than that.
Not every court allows you to do that, file your responsive pleading whenever you feel like it. 8th Judicial does not. Federal court does not. Not applying laws is sufficient reason not to support Pickering.
this is insane – she should be ashamed and immediately recuse herself
Morris Pickering Peterson & Trachok….
@1:32 if Trachok was filing a lawsuit in his own name rather than as a board member, would you still think there's no conflict?
What if the case was captioned: "Rick Trachok v. John Doe."
Would that be a conflict?
Asking for a friend….
I am not 1:32 but I will respond: Correct. I would still think that there is not a recusable conflict unless the personal relationship between Pickering and Trachok was so close that her impartiality would be unquestionably impeded. The cases on disqualification on the issue of "former law partners over a decade ago" lean very heavily against recusal/disqualification.
75 k dead in America, why don't we ask what political party they belong to? Shame in you anti-hoaxers.
Duh, they are dead, so they are of course voting Democrat.
@5:39 – I'm so glad I'm reading this blog because this was my first gut laugh of the week. Bravo – post of the year. It's funny because it's true.
The me too movement proved political affiliation is the only relevant quality about a person. Thanks Dems!
On anti virus hoaxers.
Having to suddenly hit the head during Supreme Court oral argument is a completely understandable reaction…