You will recall that the able USDC Judge Alsup called Charles Ezell out personally in a hearing last month, for making false statements under oath in a sworn affidavit the government filed. Once caught, the lawyers for Tangerine simply withdrew his sworn statement, and refused to make him available to the Judge -- to explain why he swore to matters that he had to know were false -- including claiming he was on a call he never attended -- and he knew when he signed the affidavit that what was purportedly said on that supposed call. . . was a lie.
Quite rightly, we the people expect of our federal law administering employees (since we pay their salaries, afterall) that they will tell the truth in court. That is how we come to trust that our government works for us, not against us. The idea that Trump/Musk can just wave its hands and say "never mind!" -- ask this other guy instead of Ezell and all is healed. . . is frankly. . . preposterous.
But that is what they said in SF overnight. I will only quote the smallest bit of it, to give you a flavor. These jamokes are absolutely. . . shameless:
. . .Defendants have now withdrawn that TRO-opposition declaration and will not otherwise rely on Acting Director Ezell’s testimony in this litigation, given the Court’s concerns with allowing a party to submit declaration testimony that is not subject to cross-examination.
In sum, Mr. Ezell’s deposition should be precluded because he is a high-level official whose testimony would detract from the performance of his official duties and because there are no extraordinary circumstances present warranting his deposition.
If the Court denies a protective order, the government will consider filing a petition for a writ of mandamus in the U.S. Court of Appeals for the Ninth Circuit. Defendants respectfully request that, if the Court denies a protective order, the Court order the deposition delayed at least two weeks to give the government time to consider whether to seek such relief. Furthermore, if the government were to file a mandamus petition, the deposition should be stayed until the court of appeals rules on that petition. . . .
Sheesh! Now you know. Onward, smiling just the same -- with a bike ride to get hot fish tacos tonight -- by the lake, as it warms up here, with my baby girl!
नमस्ते
3 comments:
Thoughts on 2 law firms going with pro bono work to avoid EO?
Thankfully, I’m no longer a partner at an AmLaw 100 lawfirm, so I don’t have to face the possibility of a deranged sociopath/autocrat trying to tell a private business whom they may or may not represent.
His “deals” are almost certainly unlawful, and are certainly repugnant to the idea of ordered liberty… at law.
That said — if I was the chair of the managing partnership committee, I might sign the hundred million dollar pledge, nominally take on the work… And use the “Harvard principle”… That is, to do the work… incompetently. Not obviously incompetently, but just below average enough that whatever Tangerine’s goal was… It wouldn’t really be achieved. Whether it was deporting people without process, or extracting bribes from foreign nations, or threatening our allies with legal process… I’d slow walk him.
There are many ways to make it look like you’re doing diligent work while at the same time not actually achieving the crazy results he seeks.
Sort of a stealthy resistance.
But as I say, I am thankful that this is no longer my problem. I will only ever handle matters I believe in — for people I respect. That’s the benefit of being retired more or less…
Cheers!
“…Jenner & Block said in a statement after the judge ruled: "Consistent with the law, the court has agreed that this is an unconstitutional executive order holding no legal weight….”
Indeed.
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