Episode 16 (original 2020 series)
COURTSIDE with Neal Katyal
Neal Katyal
4.9 • 614 Ratings
🗓️ 22 January 2021
⏱️ 5 minutes
🧾️ Download transcript
Summary
November 23, 2020
Trump losses continue, his play to mess with Michigan backfires, and he finally wins something: the title for the silliest (and most losing) legal strategy of all time.
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Transcript
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| 0:00.0 | Welcome to Courtside, a discussion of the post-election litigation brought by Donald Trump. It's day 20 after the election. |
| 0:08.1 | And look, someday a law school class is going to be called what not to do in litigation, and it's just going to focus on the last 20 days. |
| 0:16.6 | I honestly can't find one thing the Trump team has done right. |
| 0:20.9 | It started at four seasons landscaping. |
| 0:23.7 | That was their best move, and it's gone downhill from there. |
| 0:27.0 | They filed frivolous lawsuit after frivolous lawsuit. |
| 0:30.5 | They claimed all sorts of massive fraud in press conferences, but they were always forced |
| 0:36.4 | to retreat in court and take back all of it. |
| 0:39.1 | They had to go so far as to fire their lawyers, Sidney Powell, for saying stuff that is too |
| 0:43.7 | cray-cray, even for Trump and Giuliani, which is an amazing feat. |
| 0:48.4 | They've been seeking to throw out millions of votes on the basis of a few instances of supposed fraud. So much of the judge last |
| 0:56.7 | Thursday asked Giuliani, has there ever been any time in which such a remedy has been there? |
| 1:02.8 | And what is your evidence for that? Giuliani, of course, had no answer. These folks, you know, |
| 1:09.7 | that led then the judge to smack them down super hard, |
| 1:13.5 | saying basically their appeal, their arguments were frivolous. That led Trump, of course, to |
| 1:19.0 | claim victory. He said, that allows me to go to the Supreme Court quickly. But then he doesn't |
| 1:23.6 | even go to the Supreme Court quickly. Instead, he appeals the judge's ruling, but only the technical procedure part, not even the merits part. |
| 1:31.3 | And so it's a tiny appeal. |
| 1:34.2 | Then they realize their mistake and try and take their appeal back and ask them to modify it some more. |
| 1:40.0 | And then they also ask the appeals court for something called a TRO, a temporary restraining order, to try and stop certification of the election, which is, of course, what they're supposed to do back in the trial court and forgot to do. |
| 1:52.3 | You can't just walk into the appeals court and do that. |
| 1:55.5 | And then on top of it, these people propose a briefing schedule for their brief. |
... |
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