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Apr 25, 2024
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in response, petitioner raises concerns about potential abuses. but established legal safeguards provide layers of protections with the article iii courts providing the ultimate check. the existing system is a carefully balanced framework. it protects the president but not at the high constitutional cost of blanket criminal immunity. that has been the understanding of every president from the framing through watergate and up to today. this court should preserve it. i welcome the court's questions. >> does the president have immunity or are you saying there is no immunity even for official acts? >> yes, justice thomas. but i think it is important to put in perspective the position that we are offering the court today. the president, as the head of the article ii branch can assert article ii objections to criminal laws that interfere with an exclusive power possessed by the president or that prevent the president from accomplishing his constitutionally assigned functions. that's the constitutional doctrine that currently governs the separation of po
in response, petitioner raises concerns about potential abuses. but established legal safeguards provide layers of protections with the article iii courts providing the ultimate check. the existing system is a carefully balanced framework. it protects the president but not at the high constitutional cost of blanket criminal immunity. that has been the understanding of every president from the framing through watergate and up to today. this court should preserve it. i welcome the court's...
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Apr 26, 2024
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in response, the petitioner raises concerns of potential abuses. established legal safeguards provide layers of protection, with the courts providing the ultimate check. the existing system is a carefully balanced framework. it protects the president, but not at the high constitutional cost of blanket criminal immunity. that has been the understanding of every president from the framing through watergate and up to today. this court should preserve it.
in response, the petitioner raises concerns of potential abuses. established legal safeguards provide layers of protection, with the courts providing the ultimate check. the existing system is a carefully balanced framework. it protects the president, but not at the high constitutional cost of blanket criminal immunity. that has been the understanding of every president from the framing through watergate and up to today. this court should preserve it.
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Apr 27, 2024
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petitioner, however, claims that a former president has permanent criminal immunity for his official acts unless he was first impeached and convicted. his novel theory would immunize presidents for treason, sedition, murder, and here conspiring to use fraud to overturn the results of an election and perpetuate himself in power. such presidential immunity has no foundation in the constitution. the framers knew too well the dangers of a king who could do to wrong. they devised a system to check abuses of power, especially the use of official power for private gain. here, the executive branch is enforcing congressional statute and seeking accountability for petitioners' alleged misuse of official power to convert democracy. that is a compelling public interest. in response, petitioner raises concerns about potential abuses, but established legal safeguards provide layers of protection with the article three court providing the ultimate check. the existing system is a carefully balanced framework. it protects the president, but not at the high constitutional cost of linkage criminal immu
petitioner, however, claims that a former president has permanent criminal immunity for his official acts unless he was first impeached and convicted. his novel theory would immunize presidents for treason, sedition, murder, and here conspiring to use fraud to overturn the results of an election and perpetuate himself in power. such presidential immunity has no foundation in the constitution. the framers knew too well the dangers of a king who could do to wrong. they devised a system to check...
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Jun 5, 2024
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those cows do not require that petitioner acted and obviously the petitioner committed other crimes that we are seeking to hold them accountable for. one of the root problems with petitioner's conduct is he knew about that proceeding. he said he was prepared to storm the capital, prepared to use violence. he wanted to intimidate congress. he said they can't don't if they can't breathe. he went to the capital on january 6 with that intent in mind and took action including assaulting a law enforcement officer. that did impede the ability of the officers to regain control of the capital. it is entirely appropriate for the government. quest the statutory maximum is higher but after a recent decision on the d.c. circuit judge which helped with a particular sentencing enhancement, that is the broad case i believe the sentencing range, the guidelines range would actually be higher guidelines range. someone who does not have a prior criminal history. this is the range that would yield. we have looked at the average sentences here. i think that is the best way to gauge it. this is when the senten
those cows do not require that petitioner acted and obviously the petitioner committed other crimes that we are seeking to hold them accountable for. one of the root problems with petitioner's conduct is he knew about that proceeding. he said he was prepared to storm the capital, prepared to use violence. he wanted to intimidate congress. he said they can't don't if they can't breathe. he went to the capital on january 6 with that intent in mind and took action including assaulting a law...
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Apr 16, 2024
04/24
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did petitioner obstruct, influence, or impede a joint session of congress? the answer is equally straightforward. yes. he obstructed that proceeding. the terms of the statute unambiguously encompasses conduct. petitioner does not really argue that his actions fall outside the plain meaning of what it is to obstruct. instead he asks the court to apply and a textual limit. in his view because it covers tampering with documents and other physical evidence. the second prohibition should be limited to acts of evidence impairment. that limit has no basis in the text or tools of construction. the reading hinges on the word otherwise but that means in a different manner not in the same manner. the prohibitions in section 1512 c2 are not unified items on the list we could apply associate words. they are separate provisions that have their own sets of verbs and nouns. they prohibit attempts which should be duplication that makes no sense on the reading. congress included a distinct mental state that it chose not to repeat. section 1512 c2 is not limited to evidence im
did petitioner obstruct, influence, or impede a joint session of congress? the answer is equally straightforward. yes. he obstructed that proceeding. the terms of the statute unambiguously encompasses conduct. petitioner does not really argue that his actions fall outside the plain meaning of what it is to obstruct. instead he asks the court to apply and a textual limit. in his view because it covers tampering with documents and other physical evidence. the second prohibition should be limited...
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Apr 25, 2024
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in response, petitioner raises concerns about potential abuses. but established legal safeguards provide layers of protections with the article 3 courts providing the ultimate check. the existing system is a carefully balanced framework. it protects the president but not at the high constitutional cost of blanket criminal immunity. that has been the understanding of every president from the framing, through watergate, and up to today. this court should preserve it. i welcome the court's questions. >> mr. dreeben, does the president have immunity? are you saying there is no immunity, presidential immunity, even for official acts? >> yes, justice thomas, but i think that it is important to put in perspective the position that we are offering the court today. the president, as the head of the article 2 branch, can assert as applied article 2 objections to criminal laws that interfere with an exclusive power possessed by the president, or that prevent the president from accomplishing his constitutionally assigned functions. that is the constitutional
in response, petitioner raises concerns about potential abuses. but established legal safeguards provide layers of protections with the article 3 courts providing the ultimate check. the existing system is a carefully balanced framework. it protects the president but not at the high constitutional cost of blanket criminal immunity. that has been the understanding of every president from the framing, through watergate, and up to today. this court should preserve it. i welcome the court's...
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Jun 5, 2024
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petitioner conspired with another private attorney signed by petitioner to contain false allegations to support a challenge. private? three private actors, two attorneys, including those attorneys, including those consultant helped implement a plan to obstruct the certification proceeding, and ay petitioner and co-conspirator attracted that effort. >> i believe that's private. >> those were private, and you wouldn't raise a claim that they were official? >> your honor, if i may, we would say is official is like eating with the department of justice to talk about who's going to be the acting attorney general of the united states. communicating with congress about those matters. >> thank you. >> thank you, counsel. and what is the consequence in a terms of going forward with your acknowledgment that those are private acts as opposed to official acts? >> if you look at the indictment here, there's a bunch of acts that we think are just clearly official. there may be allegations that closely relate to what the governments describe sears private aim or private end, and the court should re
petitioner conspired with another private attorney signed by petitioner to contain false allegations to support a challenge. private? three private actors, two attorneys, including those attorneys, including those consultant helped implement a plan to obstruct the certification proceeding, and ay petitioner and co-conspirator attracted that effort. >> i believe that's private. >> those were private, and you wouldn't raise a claim that they were official? >> your honor, if i...
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Apr 28, 2024
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in one of the interactions between petitioner and a state official, petitioner is alleged to have said, all i need you to find me 11,000 votes. and change. i think if you look at that content, it's pretty clear that petitioner is acting in the capacity as office seeker, not as president, and we would look at that content. >> ok. but the tests, but i am just focused on the legal tests. i'm not hearing any exceptions to it. >> other than the d.c. circuit judge a's to more content consideration off-limits than i would. >> ok. and i want to understand on the core immunity or whatever word we use, it seems to me we are narrowing the ground of dispute here considerably. do we look at motives, the president's motives for his actions? i mean, for example, he has lots of war powers, as we discussed, but he might use them in order to enhance his personal interests. his election. is that a relevant consideration when we are looking at core powers? >> so, i am thinking of this more as looking at the objective of the activities as opposed to the kind of subjective motive in the sense that your hono
in one of the interactions between petitioner and a state official, petitioner is alleged to have said, all i need you to find me 11,000 votes. and change. i think if you look at that content, it's pretty clear that petitioner is acting in the capacity as office seeker, not as president, and we would look at that content. >> ok. but the tests, but i am just focused on the legal tests. i'm not hearing any exceptions to it. >> other than the d.c. circuit judge a's to more content...
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Jun 5, 2024
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in response, petitioner raises concerns about potential abuses. the established legal safeguards provide layers of protections with the article 3 courts providing the ultimate check. the existing system is a carefully balanced framework. vm it protects the president, but not at the high constitutional cost of blanket criminal immunity. that has been the understanding of every president, from the framing, through watergate, and up to today. this court should preserve that. i welcome the courts questions. >> mr. dreeben, does the president have immunity or are you saying that there is no immunity, presidential immunity, even for official acts? >> yes, justice thomas, but i think that it is important to put into perspective the position that we are offering the court today. the president as the head of the article 2 branch can assert as applied article 2 objections to criminal laws that interfere with an exclusive power possessed by the president or that prevent the president from accomplishing is constitutionally assigned functions. that is the cons
in response, petitioner raises concerns about potential abuses. the established legal safeguards provide layers of protections with the article 3 courts providing the ultimate check. the existing system is a carefully balanced framework. vm it protects the president, but not at the high constitutional cost of blanket criminal immunity. that has been the understanding of every president, from the framing, through watergate, and up to today. this court should preserve that. i welcome the courts...
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Apr 3, 2024
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it is undisputed the petitioners realize nothing from their stock investment. they were taxed not because they had income but because in 2017 they happened to own shares in a corporation. this is a tax on the ownership of property. dispensing with the need for realization, the framers regarded this as the essential check on the power of congress to tax property. the government cannot identify a single thing congress could not tax its income under its position realization is unnecessary. without realization there is no limiting principle. accepting the government position on income would make a cap -- hash of the current law. gateway definition of gross income asserts congresses taxing power under the 16th amendment through reaching all income from whatever source derived. if the government possession -- position in this case is right the current law already requires taxpayers to pay on the valuation of bother assets, corporate earnings, any stocks they own, and any paper gains from contracts and loans. going back to 1913 that is how it has worked. the reason th
it is undisputed the petitioners realize nothing from their stock investment. they were taxed not because they had income but because in 2017 they happened to own shares in a corporation. this is a tax on the ownership of property. dispensing with the need for realization, the framers regarded this as the essential check on the power of congress to tax property. the government cannot identify a single thing congress could not tax its income under its position realization is unnecessary. without...
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Apr 25, 2024
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. >> in one of the interactions between petitioner and a state official, petitioner is alleged to have said, i need you to find me 11,000 votes and change. i think if you look at that content, it's clear that petitioner is acting in the capacity as office seeker, not as president. we would look at that content. >> okay. the test -- i'm focused on the legal test. i'm not hearing any objections to it. >> other than, i think that the d.c. circuit placed more content consideration off limits than i would. >> all right. i wanted to understand, on the core immunity or whatever word we use, that it seems to me we are narrowing the ground of dispute here considerably, do we look at motives, the president's motives for his actions? for example, he has more power as we discussed, but he might use them to enhance his election, his personal interests. is that a relevant consideration when we're looking at core powers? >> i am thinking of this more as looking at the objective of the activity as opposed to the subjective motive in the sense that your honor is talking about. i think there's a lot of
. >> in one of the interactions between petitioner and a state official, petitioner is alleged to have said, i need you to find me 11,000 votes and change. i think if you look at that content, it's clear that petitioner is acting in the capacity as office seeker, not as president. we would look at that content. >> okay. the test -- i'm focused on the legal test. i'm not hearing any objections to it. >> other than, i think that the d.c. circuit placed more content consideration...
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Apr 25, 2024
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private attorney who caused the filing and court of a verification signed by petitioner that contain false allegations to support a challenge. >> so sounds private. >> three private actors to attorneys, including those mentioned above, and a political consultant helped implement a plan to submit fraudulent slates of presidential electors to obstruct the certification proceeding and petitioner and a coconspirator attorney directed that effort you really quickly. >> i believe that's private. i don't want us so those acts you would not dispute those the private and you wouldn't raise a claim that they were official as characterize what we would say. your honor, if i may, what we would say his official was things like meeting with the department of justice to deliberate about who's gonna be the acting attorney general, the united states. sure. again, with the american public communicating with congress about matters of all enormous thank you thank you thank you. council. and what is the consequence in terms of going forward with your acknowledgement that those are private next, as oppose
private attorney who caused the filing and court of a verification signed by petitioner that contain false allegations to support a challenge. >> so sounds private. >> three private actors to attorneys, including those mentioned above, and a political consultant helped implement a plan to submit fraudulent slates of presidential electors to obstruct the certification proceeding and petitioner and a coconspirator attorney directed that effort you really quickly. >> i believe...
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Jun 5, 2024
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thgornment charged petitioner with violating 1512 c2. the cases that me to this court present a strghorward question of statutory interpretation. did tioner obstruct, influence, or impede a joint session of congress? the answer is eqll straightforward. yes. he obstructed that proceeding. the termofhe statute unambiguously encompasses conduct. petier does not really argue that his actions fall outside e plain meaning of what it is to obstruct. instead he asks the court to imsen a textual limit on the actus rs, because in his view covers tampering with documents and other physical evidence. the separate prohibition in 1512 c2 should be limited to acts of evidence impairment. th lit has no basis in the text or tools of construction. his reading hingeon the word otherwise, b that word means in aifrent manner, not in the same manner. the prohibitions in sectn 12 c2 are not unified items on the list where you could apply associated words cannon. they are sepatprovisions. they have their own sets of verbs and nouns. they prohit tempts which wou
thgornment charged petitioner with violating 1512 c2. the cases that me to this court present a strghorward question of statutory interpretation. did tioner obstruct, influence, or impede a joint session of congress? the answer is eqll straightforward. yes. he obstructed that proceeding. the termofhe statute unambiguously encompasses conduct. petier does not really argue that his actions fall outside e plain meaning of what it is to obstruct. instead he asks the court to imsen a textual limit...
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Apr 26, 2024
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two sounds private petitioner conspired with another private attorney who caused the filing and court of a verification signed by petitioner that contain false allegations to support a challenge. >> sounds private three private actors to attorneys, including those mentioned above& a political consultant helped implement a plan to submit fraudulent slates of presidential electors to obstruct the certification jim proceeding and petitioner and a coconspirator attorney directed that effort you write it quickly. i believe that it's private that's seems to answer a lot. >> there it does, casey and that is the genesis of the concern, right? you have to now parse out. is they have private conduct from presidential conduct and then, you know, this sort of, this how the ambiguity right, is what i'm searching for. and so if you have that ambiguity, do you take it down to the lower court and does because the lower court make factual determinations as the justice did in her questioning as to what can be deemed to be private such that it can be prosecuted. and what could be deemed in the outer per
two sounds private petitioner conspired with another private attorney who caused the filing and court of a verification signed by petitioner that contain false allegations to support a challenge. >> sounds private three private actors to attorneys, including those mentioned above& a political consultant helped implement a plan to submit fraudulent slates of presidential electors to obstruct the certification jim proceeding and petitioner and a coconspirator attorney directed that...
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Feb 1, 2024
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petitioners can have their accounts blocked and be banned from driving . leaders of trust ratings at the crossroads, the paths of zelenskyi and zaluzhnyi. may disperse, who is shaking ukraine from the inside? the specter of a parliamentary crisis. a monomajority may not have enough votes to make decisions about the prospects of the government of national unity. during the program, we conduct surveys. we are asking you today, friends, about whether it is necessary to block the accounts of the petitioners and deprive them of the right to drive a car, as this is stipulated by the government draft law, which will be passed in just a few days. considered by the verkhovna rada of ukraine. so, if you support blocking the accounts of cheaters and depriving them of their driving rights, on youtube , yes, no, everything is quite simple. if you're watching us on tv, pick up your smartphone or phone and vote if you support this initiative. 0800 211381, no, 0800-211-382. all calls to these numbers are free, vote, at the end of the program we will sum up the results. of
petitioners can have their accounts blocked and be banned from driving . leaders of trust ratings at the crossroads, the paths of zelenskyi and zaluzhnyi. may disperse, who is shaking ukraine from the inside? the specter of a parliamentary crisis. a monomajority may not have enough votes to make decisions about the prospects of the government of national unity. during the program, we conduct surveys. we are asking you today, friends, about whether it is necessary to block the accounts of the...
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Apr 25, 2024
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. >> in one of the interactions between petitioner and a state official, and the state official, petitioner is alleged to have said all i need you to do is to find me 11,000 votes unchanged. i think if you look at that context it is pretty clear that petitioner is acting in the capacity of office seeker, not as president >> i am focus on the legal test. i am not hearing any objections to it. >> other than i think the d.c. circuit place more content consideration off limit then i went. >> i want to understand on the court immunity, or whatever word we use, it seems to me that we are narrowing the ground of dispute here considerably. do we look at motives? the president's motives for his actions? for example, he has lots of power as we've discussed, but he might use them to enhance his election in his personal interest. it is not a relevant consideration when we look at core powers? >> i think of this more as looking at the objectives of the activity as opposed to the subjective motives in the sense that you are -- i think there is concern about seeing a electoral motive to be reelected as su
. >> in one of the interactions between petitioner and a state official, and the state official, petitioner is alleged to have said all i need you to do is to find me 11,000 votes unchanged. i think if you look at that context it is pretty clear that petitioner is acting in the capacity of office seeker, not as president >> i am focus on the legal test. i am not hearing any objections to it. >> other than i think the d.c. circuit place more content consideration off limit then...
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May 23, 2024
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>> >> 30 years the petitioner in the case before me. >> did he a child? yes. >> he rape-d a little boy? two acts of violence. >>he then he s raped a 7-year-od girl? >> this case was -- don't stallr me now. did he raped a 17-year-old girl after a 9-year-old boy? asi quite believe that is what e pled guilty to. weirdra: that was a smile that she had there. then he went to prison for that offense. sometime after that, he decidedw he wanted to wear dresses. a trans woman now who liberals p like sara neff burn leave are members of a protected class deserve special accommodations. >> and then he decided to to transition and he became a female and started going by to my justine shall become is that right? >> yes.nt t and miss shelby said i don't want to go to a male prison buta i want to go to a female prisoni and the board of prison said, what planet did you parachute in?an you are going to a male prison with this kind of record. and you sent him to a female prison, didn't you?on you said that the board ofat prisons was trying to violatecos miss shelby come a f
>> >> 30 years the petitioner in the case before me. >> did he a child? yes. >> he rape-d a little boy? two acts of violence. >>he then he s raped a 7-year-od girl? >> this case was -- don't stallr me now. did he raped a 17-year-old girl after a 9-year-old boy? asi quite believe that is what e pled guilty to. weirdra: that was a smile that she had there. then he went to prison for that offense. sometime after that, he decidedw he wanted to wear dresses. a...
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May 22, 2024
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but there are no signs that petitioner is at risk of reoffending. the theoretical risk of sexual assault by the prisoner cannot support the bop's position. what universe is someone who is a serial repeat child rapist not at a risk of reoffending? it's clear on your record your political ideology matters a heck of a lot more than the rights of those women that you endangered. i think you are a radical. i think you have no business being a judge. >> laura: the democrats on the committee knew their nominee had been exposed, so the chair tries to clean it all up. >> there was an opportunity during your exchange with senator cruz that you were attempting to offer a response. >> the facts that were presented to me and what i relied on to make my decision were that the petitioner had engaged in no violence, no physical violence, no acts of sexual violence whatsoever while in custody. all three wardens who supervised the petitioner requested that she be transferred to a women's facility because of her serious medical needs. what the transgender executive co
but there are no signs that petitioner is at risk of reoffending. the theoretical risk of sexual assault by the prisoner cannot support the bop's position. what universe is someone who is a serial repeat child rapist not at a risk of reoffending? it's clear on your record your political ideology matters a heck of a lot more than the rights of those women that you endangered. i think you are a radical. i think you have no business being a judge. >> laura: the democrats on the committee...
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Jan 10, 2024
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official power to ock does not include the peance at al respondents insist that the petitioners were intheir job so because they use the pages to communicate about their jobs. th the type of excessively broad job descriptn is court has repeatedly rejected because officials to operate in either capacity the state action taskshould require a clear and objective eviden capae differencing between the two. that is essential preserving the robust individual liberty thdoctrine is led to protect. i welcome thiscourt's questions . >> if you have the exact sa exchange here, but from an official site or school board, uld it make a difference >> yes, your honor, that would be exercising -- >> okay. let'asme the official has discretion withthe option to either do this onthe school site or the school board site or a personal computer. what isw the difference? >> your first type is the power that is being yielded is e power to exclude someone from government property. just like ifit was the government building attempting to prohibit them from teng -- in the actualca what is happening is being exclu
official power to ock does not include the peance at al respondents insist that the petitioners were intheir job so because they use the pages to communicate about their jobs. th the type of excessively broad job descriptn is court has repeatedly rejected because officials to operate in either capacity the state action taskshould require a clear and objective eviden capae differencing between the two. that is essential preserving the robust individual liberty thdoctrine is led to protect. i...
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Feb 8, 2024
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in petitioners, affirmative appeal. >> all right. thank you. good afternoon. >> your honors, eric olson, also for petitioners. i will be responding to trump's appeal. >> all right, welcome. >> good afternoon. your honor. scott gessler, on behalf of president trump. i'll be handling all argument for trump and the other side of the matter. >> all right, welcome. all right. the matter has set two hours to each side will have one hour for a given. mr. murray, you have indicated for 20 minutes. -- you have indicated 20 minutes. that is aspirational. you will have to keep track of your own time. and then depending on how you want to handle it, you can leave any for rebuttal, you will have the argument first and then there will be a response and then you can reply. mr. murray, begin when you're ready. >> may it please the court section three of the 14th , amendment is our constitution's self-defense mechanism. it stands for the idea that those who took an oath to support the constitution and then betrayed that sacred duty by engaging in ins
in petitioners, affirmative appeal. >> all right. thank you. good afternoon. >> your honors, eric olson, also for petitioners. i will be responding to trump's appeal. >> all right, welcome. >> good afternoon. your honor. scott gessler, on behalf of president trump. i'll be handling all argument for trump and the other side of the matter. >> all right, welcome. all right. the matter has set two hours to each side will have one hour for a given. mr. murray, you have...
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Feb 3, 2024
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against all of that history petitioner's sake of their case. the cou has limited toax on particular stock dividends that are not at issue here. if the court now extended the discussion to invalidate a taxes on undistributed business and earnings it would cause seachange in the operations of e tax code and cost several trillions of dollarsnost tax revenue. n petitioners say every other provision ofhe tax code could be saved under a theory of constructive realization they do not provide a comprehensive definition of tt term or explain why it would rescue every profession excthe mrt for my friend today said it's a blanket term that's din by theircumstances or you can say construcve realization occurred. that simply is circular. and by concedi constructive realization they have acknowledged congress' power to draw reasonabl lines about what counts as income and who can be taxed on it which is exactly what congress did in the mrt. finally the court i not actually need to resolve any fundamental questions in this casebout whether the 16th amou requir
against all of that history petitioner's sake of their case. the cou has limited toax on particular stock dividends that are not at issue here. if the court now extended the discussion to invalidate a taxes on undistributed business and earnings it would cause seachange in the operations of e tax code and cost several trillions of dollarsnost tax revenue. n petitioners say every other provision ofhe tax code could be saved under a theory of constructive realization they do not provide a...
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Jan 11, 2024
01/24
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what f you cccess the site remotely from petitioner's mper at home. but it is the school board site and it is not on t government's computer? the question i who controls the counts in this case it's undisputed tss an account that belongs to the petitione in their individual capacity it's an accounthey created before they held office as an account they will continue to hold after they leave office. >> this is ait by site determination or message by messe? in other words let's say you ha a site that's usedve now and again for what y might characterize as official announcements but the rest of the time i cld got a blue ribbon or something like that. do you sayook at each episode of a blocking or whatever as governmental because the user for governmental things from time to time? or do you say they block them for this in which they go to the whole analysis wh respect to each back-and-forth? >> onduct is the bckg the question is the bloin official action? and that general i think that's going to be answered at a sitewide level. either a government account
what f you cccess the site remotely from petitioner's mper at home. but it is the school board site and it is not on t government's computer? the question i who controls the counts in this case it's undisputed tss an account that belongs to the petitione in their individual capacity it's an accounthey created before they held office as an account they will continue to hold after they leave office. >> this is ait by site determination or message by messe? in other words let's say you ha a...
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Apr 26, 2024
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. >> a verification signed by a petitioner that contained false statements. >> private. >> three private actors and a consultant helped implement a plan to submit private slates of presidential electors. >> i believe that is private. >> so those acts he would not dispute. those are private and you would not raise a claim they are official. >> what would -- what we would say is official is meeting with the department of justice to deliberate about who will be
. >> a verification signed by a petitioner that contained false statements. >> private. >> three private actors and a consultant helped implement a plan to submit private slates of presidential electors. >> i believe that is private. >> so those acts he would not dispute. those are private and you would not raise a claim they are official. >> what would -- what we would say is official is meeting with the department of justice to deliberate about who will be
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Jan 11, 2024
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respondents alternatively insist the petitioners weoing their jobs simply because that use the pages about their job. this court has repeatedly rejected. they ora such pages in eith capacity it should require clear and objective evidence that's capable o differentiating between the t. at is essential to preserving the robust fear of individual liberty the doctrine is meant to protect. i welcome this courtsueions for. >> counsel if you had thexa same exchange here but from an official sites of achl board, would make a differenc >> yes your honor that would be because that would be exercising the power per. >> let's assume the official has discti to the oio on the school board sites or the personal computer what is the difference of wtommunication is? >> the first typ is the power to exclude someone from government property just like i it was a government building the power to blockomne from entering main jtice is a state action. in the actual casehat's happening some excluded fro private property. the power to exclude someo from private properties private. >> is talk about thatus brfl
respondents alternatively insist the petitioners weoing their jobs simply because that use the pages about their job. this court has repeatedly rejected. they ora such pages in eith capacity it should require clear and objective evidence that's capable o differentiating between the t. at is essential to preserving the robust fear of individual liberty the doctrine is meant to protect. i welcome this courtsueions for. >> counsel if you had thexa same exchange here but from an official...
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Jan 31, 2024
01/24
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petitioners can have their accounts blocked and be banned from driving . leaders of trust ratings at a crossroads. the paths of zelenskyi and zaluzhnyi may diverge. who is shaking ukraine from the inside? the specter of a parliamentary crisis. in the monomajority may run out of votes. to make decisions, perspectives of the government of national unity. in the course of the program , we are conducting a survey, today we are asking you, friends, whether it is necessary to block the petitioners' accounts and deprive them of the right to drive cars, as provided by the government bill, which will be considered by the verkhovna rada of ukraine in just a few days. so, if you 're in favor of blocking dodgers' accounts and taking away their driving privileges, in... yeah, no, it's pretty simple, if you're watching us on tv, pick up your smartphone or phone and vote if you support this initiative, 0800-211381, no, 0800-211-382, all calls to these numbers are free, vote, at the end of the program we will summarize this vote. i want to introduce the guests of today's
petitioners can have their accounts blocked and be banned from driving . leaders of trust ratings at a crossroads. the paths of zelenskyi and zaluzhnyi may diverge. who is shaking ukraine from the inside? the specter of a parliamentary crisis. in the monomajority may run out of votes. to make decisions, perspectives of the government of national unity. in the course of the program , we are conducting a survey, today we are asking you, friends, whether it is necessary to block the petitioners'...
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Apr 26, 2024
04/24
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>> petitioner turn to a private attorney, was willing to spread knowingly false claims of election fraud to spearhead is challenges to the election results. private, as i want to jamming, we do speed the allegation, but sounds private. >> sounds private petitioner conspired with another private attorney who caused the filing and court of a verification signed by petitioner that contain false allegations this is support a challenge. so sounds brian three private actors to attorneys including those mentioned above, and a political consultant helped to implement a plan to submit fraudulent slates of presidential electors to obstruct the certification proceeding and petitioner and a coconspirator attorney directed that effort you ready quickly. i believe that private with b now is jack ray code. so that surprise winning author, historian and professor at stanford, he also signed onto an amicus briefs is court rejecting trump's immunity claim. thank you for joining us this evening. >> it sounds like this immunity question may not be close to being resolved completely and could actually go bac
>> petitioner turn to a private attorney, was willing to spread knowingly false claims of election fraud to spearhead is challenges to the election results. private, as i want to jamming, we do speed the allegation, but sounds private. >> sounds private petitioner conspired with another private attorney who caused the filing and court of a verification signed by petitioner that contain false allegations this is support a challenge. so sounds brian three private actors to attorneys...
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Apr 17, 2024
04/24
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what struck me is many of the justices were really tough on the petitioner. then they were tough on the solicitor general. it's one of those cases where they were going hard against each side. first i thought they were going hard on the petitioners, but they are coming at this from both sides? >> and that is what you would want. asking the tough questions to both sides. i do think that it is like a little interesting if they were to step backwards. how many times have justice alito and justice thomas asked questions about the fairness of a prosecution when it comes to the criminal defendant. they are not particularly known for that. so it is a little striking to hear so many of those concerns today, coming out of that segment of the court. when you think of the dominant methodology of the court right now is reading the statute, that it is just what the plain text says. here is the plain text that's so good for the government, lawrence. it says it is a crime to otherwise obstruct, influence, or impede any official proceeding. it sure seems like dollars to donu
what struck me is many of the justices were really tough on the petitioner. then they were tough on the solicitor general. it's one of those cases where they were going hard against each side. first i thought they were going hard on the petitioners, but they are coming at this from both sides? >> and that is what you would want. asking the tough questions to both sides. i do think that it is like a little interesting if they were to step backwards. how many times have justice alito and...
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Apr 17, 2024
04/24
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. >> one of the root problems with petitioner's conduct is that he knew about the proceeding. he had said in advance of january 6 that he was prepared to storm the capitol, prepared to use violence. you wanted to intimidate congress. he said they can't vote if they can't breathe and he went to the capitol on january 6 with that intent in mind and took action including assaulting a law enforcement officer. that did appear the ability of the officers to regain control of the capitol. i think it is entirely appropriate for the government to seek to hold the petitioner accountable for that content with that intent. >> joining us now is katie porter who was a harvard law school student of professor elizabeth warren and was a professor of law herself. congressman porter, you were in the supreme court chamber today listening to that argument. i feel i should be addressing u.s. professor porter tonight in your law professor role. he spent years as a law student studying supreme court cases and here's as a law professor. what do you make of today's. >> it was incredibly impressive to s
. >> one of the root problems with petitioner's conduct is that he knew about the proceeding. he had said in advance of january 6 that he was prepared to storm the capitol, prepared to use violence. you wanted to intimidate congress. he said they can't vote if they can't breathe and he went to the capitol on january 6 with that intent in mind and took action including assaulting a law enforcement officer. that did appear the ability of the officers to regain control of the capitol. i...
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Feb 17, 2024
02/24
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throughout the litigation at times this morning, petitioners ve characterized this case as presenting a fundament question of the separation of powers and a test of article iii. wi crts continue to say wt the law is? but i want to me sure what doesn't get lostn the shuffle is that petitioners have made an important concession that i think illustrates that the issue he i actually far narrower and the attacks onhevron lack meritnd are unnecessary. the concession is this. petitioner anowledge congress can expressly delegate to agencies the authority to define terms and fil gaps. and imagine if the statute said they were asked to define t administrator. i take both petitioners to give that up and recognize that is a delegation and crts should respect that. the role of the court in that circumstance is to make sure the agency has followed the procedures and statedithin whatever outer bounds congress has set. and all of that complies with the constitution, of course, because congress has the authority to delegate the gap authority to agencies and the executiveas core article ii authority to
throughout the litigation at times this morning, petitioners ve characterized this case as presenting a fundament question of the separation of powers and a test of article iii. wi crts continue to say wt the law is? but i want to me sure what doesn't get lostn the shuffle is that petitioners have made an important concession that i think illustrates that the issue he i actually far narrower and the attacks onhevron lack meritnd are unnecessary. the concession is this. petitioner anowledge...
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Jan 21, 2024
01/24
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petitioners acknowledge congrs can expressly delegateo agencies the authority toefine terms and fill gaps. and imanef the statute said they were asked to define the administrator. i tak bh petitioners to give that up and recognize that is a delegatiha the role of the court in that circumstance is to make sure t agency has folwe the procedures and stad within whatever outerounds congress has set. and all of that complies with the constitution, of course, becauseongress has the authority to delat the gap authority to agencies and the executive has core article ii thority to fill in those gaps. that's the core exercise of the executive power. then t article three court are just fulfilling their judicial role when they will give affects to what congress has done and their choice to rely on the agency in that regards. but i think what a of this shows is the constitutional attacks on cvron and the suggestion that it lacks merit. becaehere's no constitutional distinction between that kin of expressed delegation and the delegations recogniz ichevron. if cgress can expressly inves i agency wi
petitioners acknowledge congrs can expressly delegateo agencies the authority toefine terms and fill gaps. and imanef the statute said they were asked to define the administrator. i tak bh petitioners to give that up and recognize that is a delegatiha the role of the court in that circumstance is to make sure t agency has folwe the procedures and stad within whatever outerounds congress has set. and all of that complies with the constitution, of course, becauseongress has the authority to delat...
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Jan 11, 2024
01/24
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>>the question is who controls the accountant it undisputed this is the account that belongs to petitioners and their capacity. it is an account theycreated before they held fi and they will continue to hold after they leave office. >> is this a si by site determination or message by message? in other words, let's say you have a site that is used every now and again for what you characterize as official announcements but the rest the time, it's -- you know, my child got a blue ribbon or something like that. do you sa, well, okat each episode of blocking or whatever as governmental because they usit for governmental things from time to time, or will you say they blocked it for this. in other words, you go rough the analysis for the back-and- rt >> be specific challenges the ocng. is the blocking official action? that will be swered at a sitewide level to either government account or personal account. even if some ofthe speech could be viewed asofficial. if, for example, a gornment official made an official announcement at a campaign rally, the announcement, the speech might be viewed as offi
>>the question is who controls the accountant it undisputed this is the account that belongs to petitioners and their capacity. it is an account theycreated before they held fi and they will continue to hold after they leave office. >> is this a si by site determination or message by message? in other words, let's say you have a site that is used every now and again for what you characterize as official announcements but the rest the time, it's -- you know, my child got a blue...
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Apr 9, 2024
04/24
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petitioners effort to remain in power by fraud. those allegations of private misconduct are more than sufficient to support the indictment. joining our discussion now is judge vance and she is cohost of the podcast, hashtag sisters in law and in msnbc analyst. just when we think we've heard all the arguments already on this issue, jack smith comes through with another brief, with new ways of saying these things, that become ever more powerful every time he's forced to restate >> i think that's right, you know, this is a technical legal brief and smith is making arguments predicated on what he hopes the supreme court will do, ruling that there's no immunity, and what he's afraid the court might do, ruling that there's limited immunity in which case, smith says to the court, no matter what you decide about what immunity might exist, donald trump isn't entitled to any immunity. you should send this case back to the district court for trial because his conduct involves a purely personal conspiracy and although we are entitled to use ev
petitioners effort to remain in power by fraud. those allegations of private misconduct are more than sufficient to support the indictment. joining our discussion now is judge vance and she is cohost of the podcast, hashtag sisters in law and in msnbc analyst. just when we think we've heard all the arguments already on this issue, jack smith comes through with another brief, with new ways of saying these things, that become ever more powerful every time he's forced to restate >> i think...
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Feb 9, 2024
02/24
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IRINN
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it was predicted by the petitioners that we should have actually determined that it was caused by the central executive board. the reasons are that we underestimated it and an acceptable number is a number. which could have been much more than these, but our executive board caused a smaller number, the reason being that they can express through these channels introduce themselves and therefore there is no need for a lot of election expenses, and this is a very good possibility that was foreseen in the new law, and therefore , in addition to this very valuable work that the dear ones do in the radio and television , they should use the other government facilities that the petitioners want. from the gyms , sports centers, etc., now all the provinces have been asked to list these so that they can be provided equally to the volunteers. mr. dr. jabali, we have a point. yes, i want to point out the same as mr. interior minister. i also want to emphasize that although the law allowed the national media to determine the number and figure in receiving the expenses of these advertisements from
it was predicted by the petitioners that we should have actually determined that it was caused by the central executive board. the reasons are that we underestimated it and an acceptable number is a number. which could have been much more than these, but our executive board caused a smaller number, the reason being that they can express through these channels introduce themselves and therefore there is no need for a lot of election expenses, and this is a very good possibility that was foreseen...
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Mar 12, 2024
03/24
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the petitioner, mr. fisher, who has sympathetic facts on his side to make this case that got the attention of the district court judge, he was only in the building for a short time. he apologized and left. the government color that conduct with while he was in there. there is nothing quite actionable. >> you said the facts were terrible? is delay the only tactic he has at this point? >> it is currently working. at the end of the day, even if the supreme court reverses and -- more of a difficult standard of that which we are advocating. i don't think the violence of this case is as significant evidence others seem to suggest. there still are the fake collectors. it would fit into the petitioner's definition. everybody agrees the petitioner's attempt to limit the statute. it is way overstated. the court is either likely to refine that income down in the middle or reverse intended back to the district court for findings consistent with whatever roadblocks the supreme court imposes. the primary impact would
the petitioner, mr. fisher, who has sympathetic facts on his side to make this case that got the attention of the district court judge, he was only in the building for a short time. he apologized and left. the government color that conduct with while he was in there. there is nothing quite actionable. >> you said the facts were terrible? is delay the only tactic he has at this point? >> it is currently working. at the end of the day, even if the supreme court reverses and -- more of...
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Apr 26, 2024
04/24
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. >> we disputed the allegations but it sounds private. >> petitioner conspired with another private attorney to get a violation which was false allegations to support a challenge. >> that also sounds private. >> three private actors and two attorneys and a political attorney implemented plan to obstruct the certification proceeding and petitioner and co-conspirator directed that effort. >> you read it quickly, believe that is private. >> and then later he says trump's phone call with that infamous secretary of state where he says you'll find 11,780 votes i just need one more is not an official act. how big a big concessions on this. >> those are all huge concessions to the extent this does get ultimately remanded to the judge for additional findings that will fill her hand in terms of her ability to move the case forward. i don't think the supreme court is focused so much on the actual trump indictment as they are concerned about hamstringing future presidents in terms of restraints on their ability to act officially without fear of retribution by their successors. >> it sounds like
. >> we disputed the allegations but it sounds private. >> petitioner conspired with another private attorney to get a violation which was false allegations to support a challenge. >> that also sounds private. >> three private actors and two attorneys and a political attorney implemented plan to obstruct the certification proceeding and petitioner and co-conspirator directed that effort. >> you read it quickly, believe that is private. >> and then later he...
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Jan 26, 2024
01/24
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both petitioners recognize that the delegation and courts should respect tt. the role of the cou ithat circumstance is to make sure the agency follows the proper procedures and state and whatever other bounds congress is set at all that complies with the constitution because core has article one authority to delegate gap filling authority to agencies and the executive as article 2 authority to fill in those gaps, that score exerce executive power in the article 3 courts are fulfilling their judicial role when they give a set to what congress has done and its choice to rely on the agency in that regard but what all of this shows is the constitutional attacks on chevron and the suggestion that it is egregiously wrg that regard lack merit because there is no constitutional distinction betweenhat kind of express delegation and the letion recognized with chevron. if congress can exprs s best in an agency with authority to inrpt the law through expressed delegation, c do the same thing implicitly especially in a world where congress has to provide the agency with th
both petitioners recognize that the delegation and courts should respect tt. the role of the cou ithat circumstance is to make sure the agency follows the proper procedures and state and whatever other bounds congress is set at all that complies with the constitution because core has article one authority to delegate gap filling authority to agencies and the executive as article 2 authority to fill in those gaps, that score exerce executive power in the article 3 courts are fulfilling their...
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Mar 3, 2024
03/24
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the majority of the petitioners have this question in their summaries. finally, they can have the issues that the petitioners want to announce in the form of a summary of the issues that have been raised and demand this from the representatives that they address this issue in an important and priority manner. follow up . yes, of course, these are our questions and we will ask them again in the coming days to all elected people in the 12th parliament. tell me about the transparency of votes, trips and representatives' rights, what model do you consider to be a transparent model? we in the last round, it was our view that finally , as people's lawyers, as people's servants, we should speak clearly and honestly with the people. from the moment we entered. as a candidate in the election , we declared our assets transparently and we asked other candidates to finally declare their assets transparently, and we believe that transparency is what you have done . we announced to the people and we said honestly , we said that if you are successful, then you can say
the majority of the petitioners have this question in their summaries. finally, they can have the issues that the petitioners want to announce in the form of a summary of the issues that have been raised and demand this from the representatives that they address this issue in an important and priority manner. follow up . yes, of course, these are our questions and we will ask them again in the coming days to all elected people in the 12th parliament. tell me about the transparency of votes,...
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Apr 25, 2024
04/24
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petitioner turn to a private attorney was willing to spread knowingly false claims of election fraud to spearhead is challenges to the election results. >> private shining, we dispute the allegation by the sounds private jet sounds private petitioner conspired with another private attorney who caused the filing& court of a verification signed by petitioner that contain false allegations to support a challenge. >> so sounds private. >> three private actors to attorneys, including those mentioned above and a political consultant helped implement a plan to submit fraudulent slates it's a presidential electors to obstruct the certification proceeding and petitioner and a coconspirator attorney directed that effort you really quickly. >> i believe dr.. it then later he says trump's phone call with the infamous one with the georgia secretary of state brad raffensperger, where he says, you know, find 11,708 votes. >> i just need one more. was not an official act. >> how big of a concession is all of this? >> those are all huge concessions and to the extent that this does get ultimately rema
petitioner turn to a private attorney was willing to spread knowingly false claims of election fraud to spearhead is challenges to the election results. >> private shining, we dispute the allegation by the sounds private jet sounds private petitioner conspired with another private attorney who caused the filing& court of a verification signed by petitioner that contain false allegations to support a challenge. >> so sounds private. >> three private actors to attorneys,...
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Jan 28, 2024
01/24
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whether another petitioner might step in. we are hearing that one of the major critics to the group of bondholders is considering switching sides and has been very cruel restructuring, but is also running out of questions -- pro-restructuring. it is also running out of patience. so the need to convince the planned that this restructuring plan that actually go ahead and for the trigger on a windup order. annabelle: we know that case is scheduled to be held in two hours from now, but it's not just that hearing and focus, there is a separate one later this afternoon. this one is a regulating order. what exactly does that mean? russell: it's out of an extra layer of intrigue to today's proceedings. this is a so-called regulating order hearing which is very rare, it has not been used much with similar proceedings involving chinese developers in hong kong. it gives the court the power to appoint a liquidator. so really this is not a good sign ahead of this morning's hearing, it could indicate that there leaning towards the winding
whether another petitioner might step in. we are hearing that one of the major critics to the group of bondholders is considering switching sides and has been very cruel restructuring, but is also running out of questions -- pro-restructuring. it is also running out of patience. so the need to convince the planned that this restructuring plan that actually go ahead and for the trigger on a windup order. annabelle: we know that case is scheduled to be held in two hours from now, but it's not...