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re: SCOTUS will not fast track Jack Smith’s bull shite case against DJT.

Posted on 12/24/23 at 1:34 pm to
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
138874 posts
Posted on 12/24/23 at 1:34 pm to
quote:

And under the standards set out in the indictment, you know, Jack Smith could be indicted
---

This went over your head
Oooh boy

Denying a defendant the rights to a fair process seems to sudden escape you.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476634 posts
Posted on 12/24/23 at 1:36 pm to
quote:

Denying a defendant the rights to a fair process seems to sudden escape you.

When did this happen?

What process was Trump denied?
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
138874 posts
Posted on 12/24/23 at 1:43 pm to
quote:

Those rulings mean basically nothing
Case law, and appellate rulings mean basically nothing now? Well that's such an interesting POV.

What were you inclusively taught about value of Appeals Courts rulings in the judicial process?
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
138874 posts
Posted on 12/24/23 at 1:44 pm to
quote:

What process was Trump denied?
Why is a gag order imposed on Trump?
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476634 posts
Posted on 12/24/23 at 1:46 pm to
quote:

Case law, and appellate rulings mean basically nothing now?

In this HIGHLY SPECIFIC and IDIOSYNCRATIC scenario? Worthless

This is a case of first impression and de novo review that is immediately going to the Supreme Court.

quote:

What were you inclusively taught about value of Appeals Courts rulings in the judicial process?

Why are you trying to apply generality to this very narrow and specific example?

This is not a normal case and these sorts of things are incredibly rare. This is purely novel
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476634 posts
Posted on 12/24/23 at 1:47 pm to
quote:

Why is a gag order imposed on Trump?

Look at the ruling of the court

Was Trump denied an opportunity to argue against it? THAT would be a denial of process
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
138874 posts
Posted on 12/24/23 at 1:49 pm to
quote:

Look at the ruling of the court
What is the ruling's underlying premise?
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
138874 posts
Posted on 12/24/23 at 1:52 pm to
quote:

Why are you trying to apply generality to this very narrow and specific example?
Why are you dodging the question?

Surely you were taught the value of Appeals Courts rulings in the judicial process.
What is it? This is your field. I'm curious as to what you were taught.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476634 posts
Posted on 12/24/23 at 2:09 pm to
quote:

What is the ruling's underlying premise?

I honestly don't remember exactly. It will be in the ruling.

But his attorneys got to argue opposition correct? That's due process
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476634 posts
Posted on 12/24/23 at 2:10 pm to
quote:

Why are you dodging the question?

I'm not. I answered.

quote:

Surely you were taught the value of Appeals Courts rulings in the judicial process.

Assuming no superior court rules.

The only value of intermediate appellate decisions when a higher court rules is academic masturbation.

None of that applies here, again.
quote:

Why are you trying to apply generality to this very narrow and specific example?
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
138874 posts
Posted on 12/24/23 at 2:14 pm to
quote:

I honestly don't remember exactly. It will be in the ruling.

Oh my. What are general foundational premises driving a judicial gag order?
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
138874 posts
Posted on 12/24/23 at 2:16 pm to
quote:

The only value of intermediate appellate decisions when a higher court rules is academic masturbation.
Wow!
That is quite a novel opinion.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476634 posts
Posted on 12/24/23 at 2:17 pm to
quote:

What are general foundational premises driving a judicial gag order?

Commentary outside of court that can affect the proceeding.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476634 posts
Posted on 12/24/23 at 2:19 pm to
quote:

That is quite a novel opinion

Why?

How much stock do you put in failed drug testing when you have a viable option? (other than academic purposes)

What use does your typical medical practitioner have in practice reading up on failed drug testing? Or do you only look at the successfully tested drugs when analyzing treatment avenues?
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
138874 posts
Posted on 12/24/23 at 2:23 pm to
quote:

Commentary outside of court that can affect the proceeding.
Why would that be important?
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
138874 posts
Posted on 12/24/23 at 2:38 pm to
quote:

How much stock do you put in failed drug testing when you have a viable option?
Tremendous interest. If systematic errors are present, we would want them ID'd. We'd want to sort out errors of sensitivity vs specificity and their circumstantial importance, etc.

---

Back to the point at hand, Opinions at appellate level may raise new Constitutional questions, or address unconsidered answers. Inconceivable as it may seem, Appeals Court Judges may, in some instances, be brighter and more capable than their SCOTUS counterparts.

E.g., Many liberal appellate justices would know what a woman is, even without consulting a biologist.
Posted by BBONDS25
Member since Mar 2008
59463 posts
Posted on 12/24/23 at 3:16 pm to
quote:

Why would Trump want that? Why would Trump’s supporters want that? Why would ANYONE want that?


Time to prepare a proper defense?
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476634 posts
Posted on 12/24/23 at 3:27 pm to
quote:

If systematic errors are present, we would want them ID'd. We'd want to sort out errors of sensitivity vs specificity and their circumstantial importance, etc.

That's academic

quote:

Opinions at appellate level may raise new Constitutional questions

That's done with the actual appeal. The intermediate level can't add issues/questions

quote:

Inconceivable as it may seem, Appeals Court Judges may, in some instances, be brighter and more capable than their SCOTUS counterparts.

But ultimately they don't get the final say. Again this is a completely novel issue. This is super rare.
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
138874 posts
Posted on 12/24/23 at 3:53 pm to
quote:

The intermediate level can't add issues/questions

Good gosh, SFP.

In

the

intermediate

court

ruling

appeals court justices elucidate reasons IAW the Constitution for their findings.

Those may influence (or in the case of one SCOTUS Justice, educate) the higher court.

...

All basic stuff.
All very well known to you.
Which raises the question, why are you doing this?
Posted by Indefatigable
Member since Jan 2019
37270 posts
Posted on 12/24/23 at 4:41 pm to
quote:

Time to prepare a proper defense?

What?

His having time to prepare a merits defense to the charges has absolutely nothing to do with whether he is immune from being charged at all, which is what the present SCOTUS issue concerns.
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