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re: Hunter Biden Lawyers Impersonating Congressional Staff to Remove Derogatory Evidence

Posted on 7/26/23 at 8:29 am to
Posted by Indefatigable
Member since Jan 2019
37349 posts
Posted on 7/26/23 at 8:29 am to
quote:

Personally, I think it is entirely reasonable for an attorney to pick up the phone, call the clerk and say “look, I don’t think the stuff should’ve been filed. I am preparing a motion to seal. Is there any local procedure to protect the information in the interim?”

You're forgetting the little wrinkle of pretending to work for the filing party's counsel when she did not. No one is castigating her for calling to ask a question, or for seeking interim removal.
Posted by Wednesday
Member since Aug 2017
17300 posts
Posted on 7/26/23 at 8:31 am to
The response to the show cause order came in the form of a letter.

I have never and would never respond to a show cause order threatening sanctions with anything other than a signed pleading.

Do they think bc it doesn’t have a caption on it they aren’t subject to Rule 11?

If the judge takes the opportunity to sanction Hunter’s letter, or even better reject the plea arrangement based on Ways and Means amicus brief, it would be a nuclear bomb on the Deep State.

Not that I would think the judge has the balls to kick the plea deal, he certainly has the authority to do so. The fact that he is threatening sanctions is some indication that he (or she) would potentially be inclined to do something adverse to Hunter.

PS I hate big law. They think they’re immune to sanctions and are invincible. That’s probably why they have the arrogance to put it on their letterhead
Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 7/26/23 at 8:33 am to
quote:

You're forgetting the little wrinkle of pretending to work for the filing party's counsel when she did not. No one is castigating her for calling to ask a question, or for seeking interim removal.
I am not forgetting it. I am simply thinking that it is unlikely to have happened.

She provided her name. She called on a Latham phone. The clerk called her back on a Latham phone number.

You don’t make this sort of misrepresentation to a court using your real name and your real phone number. No one is that stupid.
Posted by Indefatigable
Member since Jan 2019
37349 posts
Posted on 7/26/23 at 8:34 am to
quote:

I am simply thinking that it is unlikely to have happened.

The Court and the clerk's office seem to disagree with you. Unless you're just taking L&W's CYA response letter at face value.
This post was edited on 7/26/23 at 8:38 am
Posted by Audustxx
Member since Jul 2022
2374 posts
Posted on 7/26/23 at 8:36 am to
Older I get the more convinced I am that William Shakespeare was correct in his assessment of lawyers
Posted by CleverUserName
Member since Oct 2016
17487 posts
Posted on 7/26/23 at 8:38 am to
quote:

Like I said, this is the kind of mistake SF PLC would make. It's incomprehensible a $1000/hour firm (that may be under-selling it) fricked up this bad. All of them. This is all insane to me.


Can we not just go with Occam’s Razor this one time? When it relates to democrats?

It’s DC. Filled with leftist stooges. It’s a DC lawyer… a profession even more filled with leftist stooges. Like Kevin Clinesmith and Lisa Page.

I mean if you have government attorneys that would lie to a FISA court on purpose to intentionally violate a citizen’s rights… all because of politics… why is THIS unbelievable?

I’m sorry to inform you board attorneys…. But the profession of law is no longer the bastion of ethics and integrity some of you still view it as.

That title now belongs to us accountants.
Posted by Audustxx
Member since Jul 2022
2374 posts
Posted on 7/26/23 at 8:38 am to
Welcome to ten years ago
Posted by SouthEasternKaiju
SouthEast... you figure it out
Member since Aug 2021
47170 posts
Posted on 7/26/23 at 8:39 am to
quote:

No one is that stupid.


81 million votes.

Hunters laptop was Russian tradecraft.

COVID-19 came from pangolin soup.

Jesse Smollette was attacked by two white Maga supporters in subzero temperature @ 3 AM in Chicago.

The establishment have rolled out these in many other lies, fully expecting people to believe them.
Posted by Vacherie Saint
Member since Aug 2015
47575 posts
Posted on 7/26/23 at 8:39 am to
why do you do this? All Hunter and Joe's camp have done since this thing started was lie. You KNOW these people are lying slime, willing to do virtually anything to save their hides, yet you come here and defend them as if they deserve the benefit of the doubt.
Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 7/26/23 at 8:39 am to
quote:

The response to the show cause order came in the form of a letter.
Supported by a sworn Declaration bearing the style and cause number.

it looks like all of this was done within a handful of hours. The letter and Declaration are replete with typographical errors, uncorrected.

They were rushing to get SOMETHING into the hands of the court, in a very limited time. I have done it. I suspect every lawyer has done it.
Posted by Wednesday
Member since Aug 2017
17300 posts
Posted on 7/26/23 at 8:40 am to
quote:

However, I’d really like to hear the clerk’s side of the story as well for comparison because it sounds like the clerk has a much different version.


One thing is for certain. In 20
Yrs of litigation the last thing you want to do is get crossways with a judge’s staff.

Assuming this disposable paralegal is telling the truth, the correct procedure is to file a Motion to Seal.

The documents probably should have been redacted (to exclude stuff like social security numbers and bank account numbers), but the Court could definitively order the necessary redactions by contradictory motion.

A law firm that sophisticated knows that. And also knows that you respond to a show cause order with a pleading, not a letter.

Something doesn’t add up with their “misunderstanding.” Especially if this paralegal made 2 separate phone calls as Indicated by the clerk’s office
Posted by CleverUserName
Member since Oct 2016
17487 posts
Posted on 7/26/23 at 8:42 am to
quote:

You don’t make this sort of misrepresentation to a court using your real name and your real phone number. No one is that stupid.


Or lie to a FISA court to purposefully violate a citizen’s rights while using your own name and email.

And with the “punishment” he received, why not try it?

You sound like it’s unprecedented.
Posted by Wednesday
Member since Aug 2017
17300 posts
Posted on 7/26/23 at 8:43 am to
They could have submitted a brief with typos just as easily as a letter.

I haven’t researched it but I bet some associate at Latham figured out that a letter isn’t subject to Rule 11, bc it’s not a pleading.
Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 7/26/23 at 8:43 am to
quote:

The Court and the clerk's office seem to disagree with you. Unless you're just taking L&W's CYA response letter at face value.
well, it would appear that the court simply interviewed her assistant clerk and took her side without hearing controverting evidence. It is what it is.

To me, the most probative evidence is the fact that this staffer at Latham provided her real name and her real phone number. If she were doing something nefarious, she would not have done that.

As such, I consider a miscommunication to be the most plausible explanation for this kerfuffle
Posted by rhar61
Member since Nov 2022
5109 posts
Posted on 7/26/23 at 8:43 am to
quote:

I am simply thinking that it is unlikely to have happened.


like Obama had a 1/100 chance of knowing the cook

Why would you think that constant liars wouldn't lie here?

Why would someone make that up?

You automatically take the dem side.

plus the woman was caught
Posted by dafif
Member since Jan 2019
8431 posts
Posted on 7/26/23 at 8:44 am to
quote:

every court in this country has informal local rule


To be 100% honest, I do not know of a single federal court that I have practiced in between Ohio and Florida that has an informal local rule

I am not saying they do not exist, but I have never had occasion to understand or use that in any case

That is why a call to the judicial assistant advising of the problem would be my first course of action. It is entirely possible that the judge would hear some thing that afternoon if raised
Posted by Indefatigable
Member since Jan 2019
37349 posts
Posted on 7/26/23 at 8:44 am to
quote:

As such, I consider a miscommunication to be the most plausible explanation for this kerfuffle

With a dose of incompetence at both law firms and the clerk’s office as well, apparently.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476900 posts
Posted on 7/26/23 at 8:45 am to
quote:

Yrs of litigation the last thing you want to do is get crossways with a judge’s staff.

This is an ECF Clerk. They may not be located in the same state as the judge.

quote:

A law firm that sophisticated knows that. And also knows that you respond to a show cause order with a pleading, not a letter.

I mean this is something that a letter is just as effective.
Posted by tigersbb
Member since Oct 2012
12967 posts
Posted on 7/26/23 at 8:45 am to
quote:

Mr. Kittila then confronted the lawyers for Hunter Biden, and Judge Noreika is a little angry about the Biden team manipulatio


A judge should be immensely angry over this , not just a little angry. Since when can one party simply CALL the clerk of court and have a legal filing removed?
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476900 posts
Posted on 7/26/23 at 8:47 am to
quote:

With a dose of incompetence at both law firms and the clerk’s office as well, apparently.


Which is what makes this fun, b/c if it is a misunderstanding, EVERYONE is going to be slinging shite for their frickups.

It's like the 3 stooges costing $2000/hour and up
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