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.