I haven't been following it very closely. From what little I know, it seems pretty politically motivated, on its face.
The point I was trying to convey to the original poster, was that if your trial strategy is, "We'll get 'em on appeal", you're generally screwed.
“The point I was trying to convey to the original poster, was that if your trial strategy is, “We’ll get ‘em on appeal”, you’re generally screwed.”
And you are absolutely correct.