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19 Nov, 6 tweets, 2 min read
One other oddity: Trump has filed a motion for expedited discovery based on Federal Rule of Civil Procedure 57, which is the rule about declaratory judgment actions. This puzzled me - I don't see what this case has to do with a declaratory judgment. 1/
A declaratory judgment action... to really simplify, it's a lawsuit used to adjudicate a problem that's going to happen in the future usually. Like, party A and party B have a beef about a contract and want to sort out the dispute before action happens in the future. 2/
And indeed, there's no declaratory judgment claim in Rudy's new Complaint. I know they use the word "declaration" but... that's not really the same thing. This is not a declaratory judgment action. /3
Anyway, it seemed weird, so I googled, and indeed, the 3rd Circuit at first glance does not use declaratory judgments as a way to do election disputes. (2016 WL 11452961 for the lawyers).
I'm not even sure why they went down this rabbit hole - the judgment can order whatever he wants, although he's not going to - but I am confused.

But I'm not an election lawyer. Y'all tell me if I'm wrong.
Maybe they think a declaratory judgment is an action where the court "Declares" something? (it's not).

*Judge in the previous tweet.

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More from @RMFifthCircuit

Raffi Melkonian Profile picture
19 Nov
Wanted to bring this good comment up to top. This is right.

If you actually had even the tiniest shred of evidence of anything that was said in the Rudy presser just now - even a whiff of it - you would march into federal court with it metaphorically stapled to your face.
There is no possible advantage for the Trump team to hold back their supposed evidence. In their fantasy world, the courts need to act RIGHT NOW to prevent certification. Not tomorrow, not next week. If I had the goods on such a thing (and of course, there are no goods) /2
I would break every #AppellateTwitter rule about not using dual modes of emphasis (this is a law nerd joke). It would be bolded, and italicized, and in flashing colors. The cover of my brief would be the evidence. I would make a tie of the evidence and wear it.
Read 4 tweets
Raffi Melkonian Profile picture
18 Nov
Another note about Trump's motion for extension of time in the PA case. When you file a motion, you have to ask your opponent if they agree Trump didn't do that, but also didn't say the normal thing - "We tried, but we're out of time so we filed."

1/ Image
It's not the biggest deal in the world, but in many courts where I practice, literally any motion filed like this would be auto-denied.

Now, probably Judge Brann won't do that given the whole situation, but really people - you can't file this.
And like I could call up any practicing lawyer I know and ask "what do you do if you're pressed for time to confer" and they'd say, "Oh you write you called and emailed opposing counsel and couldn't get their position."

It's just more evidence this is the Z team.
Read 5 tweets
Raffi Melkonian Profile picture
18 Nov
An old memory:

I was working on an M&A deal for maybe 80 hours straight. It was late Friday night. Maybe midnight. I got a call from the senior associate.

“Pencils down. The CEOs had a throw down. Deal’s off.”

I walked home through Hell’s Kitchen. 1/
There was a bakery on Ninth Avenue that was open late that had a meal deal: two scones and two mini-pots of bonne maman jam for $5. I grabbed it and ate. Then walked the rest of the way home. /2
I got to my apartment. I had a message. I opened it.

“Where the ever living f*{* are you, deal’s on. Get back here right now.”

I walked back, but slower, because the scones were heavy. I worked the rest of the weekend and slept in the office. The end.
Read 4 tweets
Raffi Melkonian Profile picture
18 Nov
Follow-up from yesterday's hearing in Pennsylvania. I said the judge is likely to dismiss the case. Why do I think that? We have several clues - *other* than the fact that the case is terrible: (1) The Judge not only was extremely skeptical, he had specific targeted questions 1/
In particular to Trump's side. That sounds like a judge who has mostly written up an opinion, or knows what he wants it to say, but is giving the loser a chance to persuade him. As we all noted yesterday, Rudy was ... not persuasive. /2
(2) The judge refused to schedule an evidentiary hearing, which he'd need to if there was any chance he would grant injunctive relief to prevent the certification of the votes. (3) the briefing schedule the judge imposed (Today, and then Friday for the next briefs) does not /3
Read 6 tweets
Raffi Melkonian Profile picture
17 Nov
Ok, here is my complete thread on today’s hearing in PA. Takeaways: I think the Judge was very skeptical of Trump’s claims. I’d expect him to dismiss the case on Friday. Rudy Giuliani … did not do a good job.
Rudy was unable to express a single clear answer to anything the judge asked; he hardly understood the questions; and then desperately sought to amend his complaint again but didn’t know you needed to file a motion for leave.
One note in response to some comments. Yes, I think Rudy is a huckster (now, not in the 80s) and Trump’s claims are frivolous. But when I’m making fun of Rudy, it’s not because of that. There are actual answers a lawyer working for Trump could give. Not good ones. But answers.
Read 4 tweets
Raffi Melkonian Profile picture
17 Nov
OK, I am theoretically in this MD Pa. motion to dismiss hearing conference call. Right now we've got some snappy hold music. But if I'm in, I will live-tweet.
We're still happily bopping around over here. But no hearing.
OK, we're on! "We will begin" says a voice. But what will begin? A polka dance? Hold 'em tourney?
Read 111 tweets

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