Clueless

A reflection on a weird afternoon in a New York appeals court: Does anyone remember how, in Clueless, Alicia Silverstone’s character fails her driver’s license test miserably, but asks whether there is someone above him with whom she can speak? 1/

— Lisa Rubin (@lawofruby) December 4, 2023

Even with Trump’s testimony planned for 12/11, they did not appeal the 11/30 order until today, and even then, they did not get the procedure right, asking a single judge to essentially overrule a four-judge panel. 3/

— Lisa Rubin (@lawofruby) December 4, 2023

So, the order came on Nov. 30, Trump testifies again (WHY?) December 12, and they don’t think to appeal the order until December 3? Just want to underscore that, because decisions and delays both have consequences.

And the lesson in my first day of procedure, which I’ve never forgotten (among so much forgotten), was the professor saying: “I’ll give you the law, and I’ll keep the rules of procedure. I’ll win every time.” He was right.
 

And to be clear, she wasn’t the official last word. Justice Sallie Manzanet-Daniels, who presided over the four judge panel that reinstated the gag order last week, officially denied Team Trump’s application. 5/

— Lisa Rubin (@lawofruby) December 4, 2023

p.s. Lead Trump lawyer Chris Kise was polite to all involved today, me included—and to be fair to him, he is a Florida appellate lawyer captaining a NY ship. Still, this is the peak ’90s scene I could not get out of my mind today:https://t.co/0jWTh357F7

— Lisa Rubin (@lawofruby) December 4, 2023

Kise not being deeply familiar with NY procedure just underscores that he needs better local counsel than he has. As a lawyer I worked for once told me: “They don’t pay us to be wrong.”

Although Trump seems to.