Gov. Newsom Has Advised The Ninth Cir. That Noem / Miller / Rubio Have Tried To Offer (Error-Riddled) "Evidence" For The First Time On Appeal. Yikes. These Guys...

I guess when you know you're gonna' lose, anyway -- why not make a political farce of the appeal? I think that is about all that is going on here, in Trump's appeal of a complete loss at the trial court level. To Trump, this is all just more (bad) theater.

So, he throws inflammatory declarations, at the wall, willy-nilly -- on appeal, for the first time -- in the (vain) hope that the Ninth Circuit will not notice that the declarations violate essentially every rule of federal civil procedure -- and appellate procedure. What a pack of malign morons. Here's the State of California's correct, terse and cogent reply -- and a bit:

. . .In an addendum attached to defendants’ reply in support of their motion for a stay pending appeal, defendants submitted two new declarations, both executed on June 15 and never filed in the district court below. See C.A. Dkt. 23.1 at SA1-12.

Defendants later filed a letter (C.A. Dkt. 26.1) acknowledging that one of those declarations contained multiple factual errors and attaching a corrected declaration, executed on June 16.

To the extent this Court is inclined to consider the new evidence submitted by defendants for the first time on appeal, the State respectfully points the Court to its own supplemental declaration on related issues, submitted in the regular course in support of the State’s pending motion for a preliminary injunction below, see D. Ct. Dkt. 77-3. . . .

Onward -- hiding from the steam bath outside. . . heading back to Tokyo (myself) -- and other cooler climes by mid-September, but Idaho and two other stops in Europe before then, it seems -- this summer! Grin. . . .

नमस्ते