Well, none of it will matter, as trial on the merits in the USDC is next week. [If you are going to read any part of this 105 pager, read only the last two dissents — they accurately state the law; the majority is off in “la la land“. This simply political grandstanding in a legal opinion, to try to delay things past November 2024. It will fail.]
Hilarious; but to be clear, the Fifth claimed overnight that factual findings by a USDC Judge are not subject to a clear error standard. That ignores about 100 years of controlling law even inside the Fifth Circuit.
The Fifth heard no live testimony, was not present… but chose to second guess the trial judge on a mere… whiff of contra-evidence.
Silly. And impotent, in the end.
Nope — it won’t matter, and the feds will likely not even bother to appeal to the Supremes — as all that matters now is trial.
That’s next week. Buckle up, buckaroos.
Out.
Powerline Lies... 