So now that the emergency hearing transcript is out, the befuddled public learns that the Defendant [sic] has not demonstrated likelihood of success on the merits. Not just once. Twice. The Defendants, of course, are President Trump and Mr. Mulvaney, and the burden is on the Plaintiff and movant to show that a temporary restraining order should be issued.
And the certified court reporter let loose the cannons of construction without as much as a [sic] flag as a warning. Not once. Not twice. At least thrice. For good measure.
BELTWAY CANNONS OF CONSTRUCTION
AND A MIXED BAG OF METAPHORS
AFTER HEAVEN-AND-EARTH BRIEFING
But it was an emergency TRO hearing, after all. All rather hurried.
For preliminary injunction purposes the court might do well with another Amikus on behalf of English, or at least a context-sensitive-semantics-enabled spell-checker for the court reporter.
In the meantime, there would be fresh fodder for Judge Buchmeyer's Daughter.
May the storied et cetera judge have a good post-humorous [sic] chuckle.
Here is the link to the -- > complete transcript of the English v Trump TRO Hearing
(thanks to one of the high-quality industry blogs)
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| ENGLISH V TRUMP TRO HEARING TRANSCRIPT |
11/28/2017
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Minute Order and Entry for Proceedings held before Judge Timothy J. Kelly: Motion Hearing held on 11/28/2017. Emergency MOTION for Temporary Restraining Order filed by Leandra English 2 DENIED for reasons stated on the record. (Court Reporter: Timothy Miller) (kh) (Entered: 11/28/2017)
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11/29/2017
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MINUTE ORDER: In light of the Court's ruling on Plaintiff's 2 Emergency Motion for Temporary Restraining Order, it is hereby ORDERED that the 11 Motion for Leave to File Amici Curiae Brief is DENIED AS MOOT, without prejudice to re-filing for leave to file a brief with respect to the merits or any additional motions for injunctive relief. Signed by Judge Timothy J. Kelly on 11/29/2017. (lctjk1) (Entered: 11/29/2017)
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11/29/2017
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MINUTE ORDER: For reasons stated on the record at the hearing on November 28, 2017, Plaintiff's 12 Motion to treat her emergency Motion for a Temporary Restraining Order as a Motion for a Preliminary Injunction is DENIED. To the extent that the Motion requests that the Court enter a briefing schedule on the merits, the Motion is DENIED without prejudice. The parties shall meet and confer, and submit, by December 1, 2017, a joint proposed schedule for briefing the merits and/or for briefing a preliminary injunction, should one be filed by Plaintiff by then. If the parties cannot agree on a joint proposed schedule, they shall submit separate proposed schedules. Signed by Judge Timothy J. Kelly on 11/29/2017. (lctjk1) (Entered: 11/29/2017)
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11/29/2017
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Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 12/1/2017. (kh) (Entered: 11/29/2017)
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