Posted on 12/23/2020 10:26:09 AM PST by SeekAndFind
I have been under bizarre “gag” order issued by Atlanta judge prohibiting me from responding to accusations in lawsuit filed by lawyers with whom I formerly shared office space. Lawsuit used to attack me in left wing rags. Mother Jones, AJC & soon NY Times.
Connect the dots. https://t.co/lpOGHUYw7R
— Lin Wood (@LLinWood) December 23, 2020
Well, this thread is about a lawsuit filed by four of Wood’s former law partners, signed under penalty of perjury, stating that he took partnership money, signed a settlement agreement, and then never paid it back.
This thread, and the lawsuit, has nothing to do with election fraud.
Wood is whining that the judge put a gag order on him, and I pointed out that gag orders are allowed under the ABA Rules of Professional Conduct.
So people started defending Wood, and I pointed out that he is incompetent, he is a conman, and he accomplished ZERO for PDJT.
And then everyone started attacking me personally.
Trolls almost always come in pairs...
All Hail - God_Country_Trump_Guns
He is the Guardian of Garbage.
The Determiner of Disinformation
Motivator of non-productive actions
Lin’s possible wordsmith.
RE “prohibit a lawyer from making extrajudicial statements where it has a “substantial likelihood” of prejudicing the proceedings.”
Needs to be enforced against both litigants. Gagging one side is ... normal for Democrats.
Gag orders are issued where one counsel can’t pass up a mike or a video camera. We know Wood has never seen a camera he does not like.
We don’t know whether the gag order is as to one counsel or all counsel. We also don’t know whether Wood was being his regular obnoxious self and pontificating every time he saw a camera.
I would be interested in seeing the text of the gag order to see if it is unilateral. I would also like to see the motion filed by plaintiffs, and the opposition filed by Wood. Motions and oppositions are invariably supported by declarations under penalty of perjury, so that would help determine who was making extrajudicial statements.
If you continue reading this thread, I have elaborated extensively on the topic, and on the character of Wood.
Interesting stuff.
Lin Wood
Yet Lin Wood also won vindication for Richard Jewell and Nicholas Sandman. You seem to have a personal aimosity against him.
He accomplished exactly ZERO for PDJT.
In that sense, his record is precisely the same as Giuliani, Powell, and Ellis.
All they did was file garbage pleadings with the courts, and racked up record humiliating defeats. I have never seen any lawyer(s) suffer so many decisive, one-sided, humiliating defeats in so short a time.
Yet, PDJT and his supporters are being told that the fault lies in the courts. Trial courts. Appeal Courts. Supreme Courts. In Federal as well as state systems. In five different states. It’s never the lawyers’ faults. It’s always the courts. Every single court is corrupt, we are being told. Every single one.
We are told to worship these loser lawyers.
Why?
But...but...he’s born-again, doncha know?
Courts are often dishonest and unreliable in political cases. That was the experience of GW Bush in 2000, and of virtually all lawyers in political cases.
Every single court? Fed Courts? State courts? Trial courts? Appeal courts? Supreme Courts? In 5 different states? Every SINGLE COURT?
Maybe, just maybe, if you file garbage with the courts, and your pleadings are littered with spelling errors, geography errors, incorrect legal citations, hearsay, affidavits lacking foundation, and experimental pleadings that violate our Federalist systems, and you file garbage without authorization from your “client” and you file garbage in the wrong courts, and you don’t timely file papers, and you dismiss key allegations, and you walk into a court where you are not licensed to practice law, and speak gibberish, and you get shot down by 100% of the courts that review your garbage, then maybe, just maybe, the fault lies with the lawyers, not the judges?
Bush ultimately got a just verdict in 2000, BTW.
I will try to lay out one of Giuliani’s humiliating defeats. I will try to do it in simple terms, and without legalese. I hope I am successful.
In PA, PDJT filed a lawsuit in Fed Court, asking that 300K votes be tossed due to legal technicalities. The allegation was that the way the vote by mail law was passed did not conform to a clause in PA Constitution. There was also a separate allegation of fraud.
Giuliani is not licensed in PA. He got special permission for just that one case. He had the fraud allegation dismissed.
In court, he filed a motion to toss the votes, and went in to argue. Remember, he was not licensed there, and had not been inside a courthouse this century. So, already, people should have been worried.
Now, when a litigant attacks state action on Constitutional grounds, there are three different tests, depending on the nature of the state act and the nature of the challenge.
If the litigant alleges infringement of key Constitutional rights, the test that applies is “strict scrutiny.” It is very difficult for the state action to pass this test.
The next tier is “intermediate scrutiny.”
The lowest tier is “rational relationship.” It is easy for state acts to pass this test.
The judge asked Giuliani which tests he thinks should be applied to the facts.
Giuliani did not know these standards. So he tried to distract the judge by arguing about the standard on a motion to dismiss his lawsuit.
But that was not what the judge was asking. He was not asking what was the standard for dismissing the lawsuit. He was asking what was the standard for granting his motion.
This is just one example. How can you file a motion to toss 300K votes on Constitutional grounds, then walk into court to argue your motion, and not even know the tests for Constitutionality of state acts? What a bozo. He was way out of his league.
Simply put, this clown troop posing as attorneys have accomplished ZERO for PDJT and his supporters. And their attempts to blame judges is manipulatively dishonest and immoral.
Giuliani fumbled the ball, but I have little doubt that a better and fairer judge would have put forward a suggested standard instead of trying to embarras Giuliani.
Your insistence that GWB ultimately got a proper decision makes my point. It was a close run thing, and few litigants have the resources to take a case that far. And judges I know and have known warn of how funny things happen in political cases.
The burden is on the plaintiff and the moving party. It is counsel’s job to propose a test, and the analyze it and apply it to the facts. Of course, defendant’s counsel will argue for the easiest test to be applied, and will argue that the test has been satisfied.
It is improper for the judge to “suggest” the proper test or to apply it. You are simply wrong on this issue.
And if counsel doesn’t know what the tests are, he won’t know how to argue them either. That is what happened with Giuliani. He did not know how to argue the tests because he had not come across them since he finished law school.
PDJT has raised substantial funds, and should hire top-tier counsel. His existing counsel are way out of their league, and it showed.
I mean ... sheesh .. if you can’t spell “declaration” then at least use your spell check! Before you allege malfeasance in a county, at least check to make sure the county exists! If you are asking the court to seize voting machines in an arena, at least check to make sure the arena is within the jurisdiction of that court! If a judge gives you permission to submit deposition transcripts, do your homework, take depositions, and submit transcripts, rather than submitting affidavits that are pure hearsay. If you file a lawsuit on behalf of a plaintiff, at least make sure you have authority to represent him! If you are alleging voting irregularities in MI counties, make sure you are submitting data for counties in MI, not MN! If you lose in trial court and file a notice of appeal, check the local rules and submit your appellate briefs on time!
EACH of these (and more) are mistakes made by PDJT’s legal team. They are a bunch of bozos, and their track record and their garbage filings speaks for itself.
The Bush v Gore case was close, because it was unprecedented and raised novel questions of Constitutional law.
The TX lawsuit against PA, MI, WI, GA, and AZ, which was filed in SCOTUS, was a joke, and was shot down summarily in a unanimous decision.
You can blame one or two judges. But when 60 courts rule against you, then you have to man up and accept blame.
Read enough opinions and one comes across language at times to the effect that although the parties have not addressed a particular issue or point of law, it seems to the court that such and such applies.
And even as errors in format, spelling, and grammer are embarrasing, they are fairly common in legal pleadings and filings. West and Lexis even have established procedures for correction in published court opinions.
As for Bush v. Gore, the political dishonesty of the Florida courts was so blatant that it shocked Jim Baker and the elite level Bush lawyers. And the winning equal protection argument was nearly ommitted from the Bush team's filing in the US Supreme Court. As it was, it was barely mentioned.
I have no brief for or against Lin Wood except that, publicly attacked, he deserves the opportunity to defend himself publicly. The gag order is odious.
By the time Giuliani went to District Court in PA, there was only one question before the judge: Whether PA’s recognition of 300,000 mail-in votes was Constitutional in light of a legal technicality. Since Plaintiff was seeking to set aside state action on Constitutional grounds, counsel should have been totally prepared to argue (1) which Constitutional test applies, and why, and (2) whether the state action passes the Constitutional test.
That was what Giuliani should have been arguing, and nothing else. That was what was before the judge, and nothing else. Period. Instead, he talked gibberish. He did not know the ABCs of Constitutional challenges to state action. If you don’t know the ABCs of your own motion, send an attorney who does.
How the hell can anyone excuse this gross incompetence?
The mistakes by PDJT’s legal team wasn’t just spelling errors. It was error, after error, after error. One lawsuit was filed in a Federal court whose only jurisdiction is to hear money claims against the executive branch. The court was just baffled. And the lawyer said “ECF made a mistake” which is a bold-faced lie.
In another lawsuit, they asked a WI court for an order to seize all voting machines in TCF Arena. But TCF Arena is in MI, not WI.
These clowns have actually done more harm than good. Their humiliating string of defeats has made many arguments “res judicata” and foreclosed any litigation based on those allegations.
As far as that blowhard Wood, before you condemn the gag order, review the motion and the order. He can fight his case in court, and he can direct the media to review his answer. Every attorney knows that in litigation, you keep your mouth shut, and you tell your client to do the same. But Wood can’t stop yammering whenever someone puts a camera in front of him.
Watch. He will get disbarred.
He, and Powell and Giuliani are publicity-seeking celebrities, not competent advocates.
👍
Which attorney would you recommend for President Trump?
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