Wednesday, August 30, 2023

Analogously

Exactly.

The NYT article refers to Trump’s choices on challenging the trial date:

1) a motion to change the date, which would probably be denied without a hearing (no “delay,” IOW, which is everybody’s favorite buzzword now.  Here’s a hint to lower your blood pressure: motion practice (i.e., pleadings that require hearings) are not “delays.” They are an ordinary part of trial proceedings.)

2) an interlocutory appeal (appeal before final hearing/adjudication of the case: dismissal, verdict, etc.). 

3) writ of mandamus, asking a superior court to direct a lower court to correct its egregious error).

The NYT article could lead you to think one of these efforts could prevail. Odds of any of them prevailing? Zip and none.

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