Tuesday, September 20, 2022

T'he Day In Performative Litigation

IOW: evidence is evidence, and non-evidence is…nothing. And as Lear said: “Out of nothing nothing comes.”

And trying to say they can't produce the evidence they need to prove the claim they brought, but you can't hold that against us because we can't incriminate our client, is not exactly the legal argument of the ages: But Trump's entire case is built on eating his cake and having it, too. His argument now is that, by putting his pen to paper, Trump renders all documents his personal property. Isn't that enough?
Which is why Trump declassified them, but he can't present evidence of that because it might harm his criminal defense later, so you just have to believe him that the documents are his and he should get 'em back!

Yes, in essence, that is Trump's legal argument before the Special Master right now.

You really don't have to be a lawyer to know it doesn't work like that.  You do have to wonder about lawyers who would try to make those arguments in court.  Yeah, and about any Judge who would take them seriously.  And I don't mean the Special Master.
Ken Paxton isn't ashamed because you can't shame a whore. And why, Mr. Turley, wouldn’t they present that evidence?  No, don't tell him!  Let him figure it out.  Let's go away quietly so he can.....

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