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Poast new message in this thread
Date: November 13th, 2018 1:23 PM Author: rose useless trailer park party of the first part
He is widely reputed as a diligent and thorough reporter for one of the nation’s most respected and widely watched networks.
WRONG
(http://www.autoadmit.com/thread.php?thread_id=4131989&forum_id=2#37224040) |
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Date: November 14th, 2018 6:40 AM Author: ruddy sickened range
Theoretically it's available but Plaintiff could amend as of right or voluntarily dismiss before the procedural prerequisites were satisfied.
Forget which is the vexatious statue.
Court also has inherent authority to sanction under uh Chambers v. Nasco.
(http://www.autoadmit.com/thread.php?thread_id=4131989&forum_id=2#37229284)
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Date: November 14th, 2018 11:09 AM Author: Know-it-all business firm black woman
Why would 1927 apply before Rule 11 here?
1927 appears to be only for cumulative conduct, not available for the lone filing of a frivolous complaint like Olsen’s. It is Rule 11 that addresses frivolous filings.
“Thee scope of authority to sanction under § 1927 is both broader and narrower than Rule 11.84 Section 1927 is broader in that the attorney’s behavior is examined throughout the entire litigation, as a “course of conduct,”85 while Rule 11 applies to individual filings. The filing of a frivolous complaint, alone, may violate Rule 11, but not § 1927 because such a complaint does not "multiply" the proceedings.86 Conversely, a course of conduct can be sanctionable under § 1927 even though the individual filings during that conduct comport with Rule 11 standards.”
http://www.federalpracticemanual.org/chapter4/section2#footnoteref84_yu3g590
(http://www.autoadmit.com/thread.php?thread_id=4131989&forum_id=2#37230494)
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Date: November 13th, 2018 3:33 PM Author: Drab Soul-stirring Liquid Oxygen
a. Immediate restoration of Acosta’s press credentials and hard pass so that Plaintiffs may continue to report from White House briefings and perform their jobs on White House grounds and at other presidential events;
b. In the alternative, immediate restoration of Acosta’s press credentials pending “due process,” including but not limited to a formal written explanation as to why the pass is being revoked, an opportunity for Plaintiffs to respond to the allegations and be heard before a neutral arbiter, and a final written decision;
c. A declaration that the revocation of Acosta’s press credentials was unconstitutional, in violation of the First Amendment and the Due Process Clause of the Fifth Amendment;
d. A declaration that the revocation of Acosta’s press credentials violated the Administrative Procedure Act, 5 U.S.C. § 706(2); and
e. An order granting Plaintiffs costs, fees, and disbursements incurred in connection with these proceedings and such further relief as this Court deems just and proper.
(http://www.autoadmit.com/thread.php?thread_id=4131989&forum_id=2#37224828) |
Date: November 13th, 2018 3:48 PM Author: hideous jew area
"Defendant DONALD J.TRUMP answers as follows:
1. FAKE NEWS.
2. FAKE NEWS.
3. FAKE NEWS.
4. FAKE NEWS.
5. FAKE NEWS."
(http://www.autoadmit.com/thread.php?thread_id=4131989&forum_id=2#37224977) |
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Date: November 14th, 2018 6:51 AM Author: ruddy sickened range
Counterclaimant Donald Trump alleges as follows:
1. We're gonna build the wall.
2. It will be a beautiful wall.
3. Believe me.
(http://www.autoadmit.com/thread.php?thread_id=4131989&forum_id=2#37229299) |
Date: November 13th, 2018 4:18 PM Author: aggressive vigorous dysfunction
Lol at this trash pleading. Really embarrassing for Gibson Dunn.
Will be a complete shit show if they actually have Ted Olsen do the oral argument.
(http://www.autoadmit.com/thread.php?thread_id=4131989&forum_id=2#37225196) |
Date: November 13th, 2018 4:25 PM Author: carmine gas station idea he suggested
Legal experts say the network’s chances of winning in court are favorable. Although a court would likely give the president and Secret Service the benefit of the doubt if they barred a reporter due to security threats, the First Amendment protects journalists against arbitrary restrictions by government officials.
“I think it’s a really strong lawsuit,” Floyd Abrams, a noted First Amendment lawyer, told CNN on Sunday. “I think [CNN] should sue, and if it’s not about Acosta, this is going to happen again . . . So whether it’s CNN suing or the next company suing, someone’s going to have to bring a lawsuit, and whoever does is going to win” unless the White House can show that Acosta is violent and disruptive.
(http://www.autoadmit.com/thread.php?thread_id=4131989&forum_id=2#37225256) |
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Date: November 13th, 2018 5:49 PM Author: Exciting cream den
Looks like there’s a case from LBJ era on point, Sherrill v. Knight. Who knows if it’s still relevant. The whole problem here is there are no remedies to exhaust, they just revoked his privilege and said “get fucked.”
Therefore, we are of the opinion that appellants must publish or otherwise make publicly known the actual standard employed in determining whether an otherwise eligible journalist will obtain a White House press pass. We do agree with appellants that the governmental interest here does not lend itself to detailed articulation of narrow and specific standards or precise identification of all the factors which may be taken into account in applying this standard. It is enough that the Secret Service be guided solely by the principle of whether the applicant presents a potential source of physical danger to the President and/or his immediate family21 so serious as to justify his exclusion. See A Quaker Action Group v. Morton, 170 U.S.App.D.C. 124, 516 F.2d 717 (1975). This standard is sufficiently circumspect so as to allow the Secret Service, exercising expert judgment which frequently must be subjective in nature, considerable leeway in denying press passes for security reasons. At the same time, the standard does specify in a meaningful way the basis upon which persons will be deemed security risks, and therefore will allow meaningful judicial review of decisions to deny press passes. We anticipate that reviewing courts will be appropriately deferential to the Secret Service's determination of what justifies the inference that an individual constitutes a potential risk to the physical security of the President or his family.
IV
16
In our view, the procedural requirements of notice of the factual bases for denial, an opportunity for the applicant to respond to these, and a final written statement of the reasons for denial are compelled by the foregoing determination that the interest of a bona fide Washington correspondent in obtaining a White House press pass is protected by the first amendment. This first amendment interest undoubtedly qualifies as liberty which may not be denied without due process of law under the fifth amendment.22 The only further determination which this court must make is "what process is due," Morrissey v. Brewer, 408 U.S. 471, 481, 92 S.Ct. 2593, 33 L.Ed.2d 484 (1972).23 We think that notice to the unsuccessful applicant of the factual bases for denial with an opportunity to rebut is a minimum prerequisite for ensuring that the denial is indeed in furtherance of Presidential protection, rather than based on arbitrary or less than compelling reasons. See Greene v. McElroy, 360 U.S. 474, 496-97, 79 S.Ct. 1400, 3 L.Ed.2d 1377 (1959); Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 314, 70 S.Ct. 652, 94 L.Ed. 865 (1950); Grannis v. Ordean, 234 U.S. 385, 394, 34 S.Ct. 779, 58 L.Ed. 1363 (1914). The requirement of a final statement of denial and the reasons therefor is necessary in order to assure that the agency has neither taken additional, undisclosed information into account, nor responded irrationally to matters put forward by way of rebuttal or explanation. This requirement also will avoid situations such as occurred in the case before us, where an applicant does not receive official written notification of his status until more than five years after the status decision is made.24
(http://www.autoadmit.com/thread.php?thread_id=4131989&forum_id=2#37225957) |
Date: November 19th, 2018 8:29 AM Author: ruddy sickened range
has there been a full injunction ruling yet?
hope Trump appeals.
(http://www.autoadmit.com/thread.php?thread_id=4131989&forum_id=2#37262164) |
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