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Raffi Melkonian Profile picture
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25 Nov, 5 tweets, 2 min read
Jenna Ellis’s fake Roosevelt quote just captures so many perfect things about the Trump legal team.
The notion that Roosevelt just happened to talk like a 21st century Trumpy culture warrior is so dumb I don’t know what to do with it.
No on second though Teddy really does sound like Trump.
You know, as I flip through some of Teddy’s speeches I really am getting how Trump sees himself in Roosevelt.
In summary, I leave you with a recording of Teddy’s voice, “The Progressive Covenant.” Truly the voice of an anti-elite Trumpist.

loc.gov/item/99391565/

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More from @RMFifthCircuit

Raffi Melkonian Profile picture
26 Nov
Some fire from the Chief at Justice Gorsuch in tonight’s very contentious COVID opinion.

supremecourt.gov/opinions/20pdf… Image
Gorsuch wrote an opinion essentially accusing the dissenters of sending the Constitution on a “sabbatical.” CJR was not happy with that, evidently.
Wow - Sotomayor contrasts the Court’s reliance on Cuomo’s allegedly anti-religious comments here with Trump’s on the Muslim ban. Image
Read 5 tweets
Raffi Melkonian Profile picture
25 Nov
I was listening to a podcast tonight, and the guest said, in explaining that he thought Rudy’s out of court statements were worse than what he said in court, that it’s ok if a lawyer makes outlandish arguments in court because those are subject to dispute and testing 1/
I think that’s a common thought - that a lawyer representing a client should say whatever to help their client, and if they’re lying the other lawyers will catch them.

No. Yes, you can make arguments that are not 100% winners. One lawyer word we use for that is colorable.
But you can’t go in there and make up lies. You have an independent obligation as a lawyer not to lie to the Court, even if the lie helps your client. What Rudy and co. were doing was not zealous advocacy. It was deeply offensive to the way law is supposed to work.
Read 4 tweets
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.
Similarly, the DNC says, if you want an order saying the legislature can choose the electors, no one who could possibly do that is a defendant in this suit.

I can confirm, this is normally a big problem for a lawsuit.
Read 13 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.
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.
Read 7 tweets
Raffi Melkonian Profile picture
23 Nov
Ok, so the 3rd Circuit is adopting the briefing schedule. Time for fun!
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

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