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COURTSIDE with Neal Katyal

Episode 44 (original 2020 series)

COURTSIDE with Neal Katyal

Neal Katyal

Politics, News, Society & Culture

4.9614 Ratings

🗓️ 22 January 2021

⏱️ 10 minutes

🧾️ Download transcript

Summary

December 24, 2020


Trump bigly loses big Wisconsin case in federal appeals court; his new Attorney General worrisome


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This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit nealkatyal.substack.com

Transcript

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0:00.0

Welcome to Courtside, everyone, a discussion of the post-election litigation brought by Donald Trump.

0:05.8

It's day 51 after the election, Christmas Eve.

0:10.1

And for that, we have none other than Donald Trump to think.

0:14.2

You might not have known this, but it's a little known fact that Hugo Chavez has been working with Joe Biden to cancel Christmas. It fell on

0:24.6

our savior, Donald Trump, to uncancel Christmas. And so tonight, we thank him for saving Christmas.

0:32.3

The litigation count stands at one out of 60 cases that Trump has won and that one case got him zero votes,

0:39.7

Zilch. Today we had a major decision coming out of the U.S. Court of Appeals for the Seventh Circuit.

0:46.2

This is the big Wisconsin case. Now this is the case that Trump's already lost once,

0:50.9

and today he lost it big time in the Court of Appeals. So it doesn't change the count

0:56.2

of winning one out of 60. He'd already lost this case. Now he's just lost it twice. But it is really

1:01.3

something that puts the final nail on the coffin for Donald Trump's litigation strategy,

1:06.4

as I'll talk about in a moment. And Trump basically, you know, always complains that the judges

1:12.4

aren't actually reaching the merits of the cases and so on. And it keeps on talking this nonsense.

1:18.3

Now partially, sometimes judges don't reach the merits in his cases because as lawyers are so

1:23.6

bad, they keep botching their filings so the judges can't get to it. But partly it's also because of

1:30.3

important concepts, legal concepts like standing, which we spoke about a couple of weeks ago,

1:37.1

the idea that you actually have to have a concrete interest in the outcome of the case, and oftentimes

1:42.6

he's botched that as well. The decision today is

1:46.2

significant, however, because it goes right into the merits of Trump's claims and demolishes them.

1:53.0

It said that Wisconsin, the judges today said Wisconsin acted lawfully, and the accommodations that

1:58.6

were made for absentee voting in COVID were permissible.

2:02.7

And it also said, as some other courts have, that Trump sat on his hands for far too long

...

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