My prediction now about the Washington v. Trump case.

[pnwmom]

Last edited Fri Feb 10, 2017, 06:07 AM - Edit history (2)

If DT fails to win a stay from the full panel or the SC -- and can't block a preliminary injunction either -- he won't let the case go to trial. He'll just withdraw it.

He can't let this case go to trial because then it would be subject to discovery -- all the emails and other documents that were involved in producing the ban. Also, depositions from all the staff members about how the immigration order came about.

He will never let this happen. And I don't think he's ready yet to provoke the Constitutional crisis that would occur if he refused to cooperate with discovery; or was proven to withhold any documents.

So I think he'll just withdraw the case rather than allow it to go forward.

But then any Green Card holders who were harmed can sue the government (denial of due process, discrimination, false imprisonment). That could be interesting, too.

[DetlefK]

1. Trump never goes to court to "win" a case. It's purely an intimidation-tactic.

First he publicly and loudly threatens to sue you, in the hopes that you will back down.

Then he drags out the proceedings until you can no longer afford a lawyer.

And if that doesn't work, he quietly settles.

[pnwmom]

3. The difference now is that he's going to be surrounded by people

who won't want this case to go to court. In his personal cases, he was the sole decision maker.

[grantcart]

2. If you are an attorney Trump would be your worst nightmare as a client.

He would never followed instructions for a deposition.

[murielm99]

4. Does he pay his lawyers?

He never pays his contractors.

[grantcart]

5. Sometimes they have to sue him.

These would be paid by the government.

[Danmel]

10. Nope

My co-worker worked for a large white shoe law firm that represented Trump, about 20 years ago, and they had to sue him to get paid. Same as it ever was.

[watoos]

6. My understanding is that

whatever Trump decides, to send the case back to the district judge or to send it directly to the SC will involve discovery. The only way that Trump can avoid discovery is to shit can this EO and write up another one, or to amend the EO.
Someone will have to take the fall for a poorly written EO if Trump decides to rewrite it, because Trump never does anything wrong.

[gademocrat7]

7. I agree

[Sancho]

8. The bottom line is that Trump has a weak and inexperienced cabinet (and advisors)

...so his impulsive actions will continue to be rife with mistakes.

If not this case, sooner or later he will open the door to discovery; and there's a chance that every email or deposition will open more cases!!

That's likely why more and more GOPers will distance themselves from Trump - because they don't want to be part of any proceedings.

We may see Trump's actions increasingly without any involvement of other government employees or Congress. Trump is on his own with the nutty EOs. Others do not want to be caught in the net when courts start asking for details.

(Thanks for the heart!)

[Laura PourMeADrink]

9. What about Rudy saying Trump asked for a Muslim ban. Thought that was presented already? Was it

inadmissible?

[pnwmom]

11. They did not rule out including that kind of information, but at the real trial,

not for this hearing. And it might have been part of what made them decide that WA is likely to win on the merits.