In SDNY Judge Failla Asks
Group Suing Pelosi For Shutdown About Carter
AG Civiletti
By Matthew
Russell Lee, thread, Patreon here
SDNY COURTHOUSE,
August 26 – The previous
federal government shutdown in
court on August 26 with Inner
City Press alone in the
gallery of the courtroom of U.S.
District Court
for the
Southern
District of
New York Judge
Katharine Polk
Failla.
Judge Failla
asked the
plaintiff
Equal Vote
America Corp /
Glen Liu of
Sunset Park,
Brooklyn how
many members
the group
says. The
answer
appeared to be
three, the
modified to
three board
members. The
argument was
that political
parties have
no right to
shut the
government.
Reference
was repeatedly
made to
President
Jimmy Carter's
Attorney
General as
"Mister
Coliti," later
clarified
to
Benjamin
Richard
Civiletti. The
complaint
cites Marbury
v. Madison,
but AUSA
Charles S.
Jacob in
response says
it's moot and
falls afoul of
the speech or
debate clause
immunity
and/or
sovereign
immunity. But
Inner City
Press will
continue to
follow this
case, Equal
Vote America
Corp. et al v.
Pelosi et al.
On August 23
while lawyers for President
Donald J. Trump and Congress
argued 11 stories above,
Salvatore Arena pleaded guilty
to three of four counts in a
tax and accounting office
scheme before U.S. District
Court for the Southern
District of New York Judge
Katharine Polk Failla.
The
government did not require a
guilty plea to Count Four,
aggravated identity theft. And
from a comment by his lawyer
Robert J. Feldman at the end
of the proceeding, thanking
Jarrod L. Schaeffer and
mentioning his client's
cooperation, it sounded like a
5K letter may be in the works.
In his
allocution Arena said he mind
was taken over by a woman, his
boss. Has he cooperated
against her? Watch this site.
Lawyers for Deutsche
Bank and Capital One resisted
saying whether or not they
have Donald J. Trump's tax
returned while repeatedly
questioned by Second Circuit
Court of Appeals Judges Jon O.
Newman and Peter W. Hall on
August 23.
Deutsche Bank's
lawyer tried to evade by
saying he'd be happy to have
that conversation with the
judges not in open court.
Judge Newman asked, Where
would that be? After the
Deutsche Bank lawyer said he
would only "explore" whether
to answer, and Capital One's
lawyer said he took the same
position, Judge Hall directed
the two banks to file a letter
in 48 hours with the answer.
It will be under seal.
Earlier in
the oral argument on Trump's
appeal of Judge Edgardo Ramos'
denial of a preliminary
injuction against the House
Financial Services Committee's
subpoenas to the banks,
Trump's lawyer Patrick
Strawbridge said the purpose
of the subpoenas is to
distract the President.
House
General Counsel Douglas Letter
cites as precedent Richard
Nixon voluntarily giving
Congress some of his tax
returns, and Bill and Hillary
Clinton's Whitewater
development information going
to Congress, albeit to a
special Whitewater Committee.
Judge
Debra Ann Livingston inquired
about the Intelligence
Committee subpoenas. While
that Committee might not make
whatever documents it gets
public, Letter made it clear
that the Financial Services
Committee probably would make
the documents public. Watch
this site. More on Patreon here.
Back on Mah 22
while the lawyers on Donald
Trump's bid for a preliminary
injunction after two House of
Representatives committees'
subpoenas argued and failed
before U.S.
District Court
for the
Southern
District of
New York Judge
Edgardo
Ramos, sitting
silent to the
side of the
courtroom were
the lawyers for
the two banks
that got the
subpoenas:
Deutsche
Bank and Capital
One.
Judge
Ramos asked
the two
banks' four
lawyers if
they wanted to
speak. They
did not. This
even as House
counsel
Patrick Strawbridge
detailed
Deutsche
Bank's long
history with
money
laundering
(and theft
during the
Holocaust,
which didn't
come up).
Capital One is
a rough,
too, on
predatory auto
lending and
the Community
Reinvestment
Act. But the
banks lay low.
Now
under Judge
Ramos' 25-page
ruling, which
he read out
over the
course of 40
minutes in
his courtroom
618 at 40
Foley Square,
the banks become
required to
respond to the
subpoenas
in seven days,
on May 29. That's
the time
during which
the House has
agreed
not to enforce
the subpoena,
and the time
during which
Trump's
lawyers seem certain to
file an appeal
and ask again
for a stay
from the Second Circuit
Count of Appeals higher
up, in both
senses, in 40
Foley Square.
After
Judge Ramos'
ruling Inner
City Press
sought left the cramped
jury box and
found itself
in the
elevator with
Patrick
Strawbridge
and his colleagues.
They quickly got
off, but
not uncivilly when
compared, for
example, to a
recent
organized
crime scion
leaving the
SDNY
Magistrates
Court on
the fifth
floor of 500 Pearl
Street.
Later still on
the steps
outside the
courthouse,
Inner City
Press asked
Strawbridge
how fast he
would appeal.
It's hard to
say with
these things,
he replied.
But an appeal
seemed
certain.
During the
proceeding, three
protesters
stood up holding
signs like
"Congress Has
A Right To Know."
This
happened in the
Second Circuit on August
23 as well. More on
Patreon here.
***
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