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Raffi Melkonian Profile picture
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22 Nov, 5 tweets, 1 min read
Lol. This is going really well for Donald.
To be clear, no it’s not a good sign when you have to disavow the lawyer who just gave a crazy press conference for you a couple of days later.
Yet again, not the kraken.
Just to be clear, I’m pretty sure Powell thought she was Trump’s lawyer.
Want to state for the record none of my clients have ever issued a press release saying that I’m not their lawyer.

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More from @RMFifthCircuit

Raffi Melkonian Profile picture
24 Nov
Here is the DNC's brief in Pennsylvania. Looks on point, but I'm reading now!

drive.google.com/file/d/1_iGbZY…

(I previously linked the wrong document).
The first argument is the mootness problem we've all been discussing. The DNC makes neat work of Trump's claim that the case isn't moot because you can just "decertify" - not a thing, the DNC says. Image
Why was the district judge correct to deny leave to amend a second time? Because Rudy/Trump (Rump?) themselves created chaos and delay. Image
Read 6 tweets
Raffi Melkonian Profile picture
24 Nov
So this is a signature Raffi-Stapled-to-his-Pompous-White-Horse moment, but the more I do this work, the less likely I am to actually voice the unkind thing about my opponent that I'm thinking in an email or in person, even in private.

Just, what does that do for you?
A couple of things. Yes, sometimes OC really is a chickensh$#. That's even true if they are a really good lawyer who you are cordial with and get along with. I am sometimes to. It's a given.

Nonetheless, I think you should try to limit this stuff. And it's not just 2/
because sometimes what you said slips out in a reply-all or maybe the person you said it to repeats it to someone else.

I'm having trouble explaining it exactly, but I feel better about my practice when I'm not mad in that way at OC. Yeah, they're representing their client
Read 6 tweets
Raffi Melkonian Profile picture
23 Nov
Alright Trump has now filed his brief. Late, but filed. I will read, but just from the table of contents, it’s something else.

drive.google.com/file/d/1osi1PY…
So, first immediate thing: we’re now back to the only issue on appeal being the denial of the motion for leave to amend, it seems. Image
This confirms my previous tweet. Note, this is their only shot on appeal. There's not like, some other brief where they can challenge the trial judge's decision on the First Amended Complaint. By filing this brief, they are done on that. Image
Read 4 tweets
Raffi Melkonian Profile picture
23 Nov
Ok, so the 3rd Circuit is adopting the briefing schedule. Time for fun! Image
My reaction: I’ve said this before, but Courts are quite likely to give the President a lot of procedural leeway. That’s why Judge Brann let Rudy babble for 2 hours before ripping him apart. They don’t want to be seen throwing the President out on technicalities. /2
So of course, they could just have denied the motion to expedite, but then they’d be criticized for not giving the President a chance. Instead, they’re saying “oh you want to file a brief today? Have at it.”
Read 4 tweets
Raffi Melkonian Profile picture
23 Nov
Let me end tonight with a little story. A long time ago, I had a case against a litigant who just would lie all the time. About totally verifiable things. I threw a fit every single time in my responses. The Court sided with me, but didn't do anything about it the first time.1/
Or the second time. Or the third time. The fourth time the Court put some irritated language in its order, but didn't do anything. We had a few rounds of that. And then finally, after lie #400, the Court finally issued sanctions and shut down the case. 2/
That litigant was not the President of the United States. It was just a dude.

My point is, as preposterous as all this is, the Courts are almost certainly going to keep calmly rejecting these Trump suits but not going to take it out on Rudy and the "Strike Force." /3
Read 4 tweets
Raffi Melkonian Profile picture
23 Nov
Here is the emergency motion from Trump h/t @j_remy_green. I'm going to read it now and I'll say what I think, if anything.
Point 1. Trump appears to have given up trying to prevent tomorrow's certification. Instead, he's telling the Court of appeals they need to act before December 8. Image
Point 2. Trump is limiting the appeal to the district judge's refusal to let him amend his complaint to add back in the allegations about fraud he himself removed. If that's right, Trump is conceding that the judge's order was right under the First Amended Complaint /2 Image
Read 7 tweets

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