The Letter letter to the DC Circuit asking to take judicial notice that Trump's lawyers contradicting their legal arguments.
You might call this a form of estoppel.
Or after so much bad faith flip-flopping, it's simply legal karma.
You might call this a form of estoppel.
Or after so much bad faith flip-flopping, it's simply legal karma.
I think the same judicial notice/estoppel argument could be made against Team Trump's arguments in the tax return subpoena cases and against Judge Rao's dissent, that they concede federal jurisdiction to subpoena and investigate the president.
Judicial estoppel is an "equitable" doctrine applied flexibly to prevent a party from relying on one argument to prevail in one phase of a case, then relying on a contradictory argument to prevail in another phase...
Judicial estoppel:
1) The party’s new argument must be clearly inconsistent with its earlier one;
2) The party asserting the new argument persuaded an earlier court to accept the inconsistent one;
3) That party “would derive an unfair advantage" if not estopped.
1) The party’s new argument must be clearly inconsistent with its earlier one;
2) The party asserting the new argument persuaded an earlier court to accept the inconsistent one;
3) That party “would derive an unfair advantage" if not estopped.
