Trump Org re: Why video should be tossed: “Judges can’t be mind readers.”

arrest

So Peter Cowan and the other lawyers for the Trump Organizations have come up with a new reason as to why the Court should dismiss my video: “Judges cannot be expected to be mind readers.” Yikes. That’s *why* there’s video.

Here’s their argument, (from document 161.)

“The Court did not commit a manifest error of law by excluding information in appendixes.

Webber’s argument that the Court should have considered all of the material listed in his 31-pages of Appendixes fails. Webber bore the burden to make a prima facie showing that the Court had jurisdiction over the Trump Organization Defendants. Sawtelle v. Farrell, 70 F.3d 1381, 1387 (1st Cir. 1995). That burden required him to identify specific facts to support the Court’s exercise of jurisdiction—he could not rest solely on his pleadings. Forest-Miller, Inc. v. Babcock & Wilcox Canada, 46 F.3d 138, 145 (1st Cir. 1995). Webber’s assertion that the Court should have sifted through numerous vague descriptions of internet sources, news articles, and YouTube videos, without explicitly identifying the sources with dates, authors, or hyperlinks ignores this burden.

The First Circuit has repeatedly observed that “[o]verburdened trial judges cannot be expected to be mind readers.” McCoy v. Mass. Inst. of Tech., 950 F.2d 13, 22 (1st Cir. 1991). If Webber could make a prima facie showing of personal jurisdiction, he should have done so by explicitly identifying those facts in objection to the motion to dismiss. He did not. Accordingly, the Court did not make a manifest error of law, and Webber’s Motion should be denied.”

Obviously, in the complaint, the facts were identified, detailed descriptions were given, and the author was identified. They complained and complained that my complaint was too long. And then when I point to facts, they say that I didn’t provide enough detail. This is our legal system.

Here are the most recent filings in the case:

155 Judge’s Order

156 Judge’s Order

157  Reconsider Order

158 Reconsider Order

159 Objection by No Labels

160 Objection by Donald J. Trump

161 Objection by Trump Organizations

Tulsi, if CNN smoked more weed with Jimmy Dore… They’d make better life-choices.

Tulsi Gabbard and Jimmy Dore hosted a “Rethinking Marijuana Roundtable” at NHTI last night. I asked Tulsi, “if CNN smoked more weed with Jimmy Dore…?” She responded, “they’d make better life choices.” I added, “and let you on the debate stage.”

tulsi weed

I also had an interesting conversation with Jimmy about the time he interviewed me about being raided by the FBI. Obviously, it didn’t make much of an impression on him… But, considering the FBI went out of their way to lie about it on TV, I figured that the targeting of journalists, (which included warrantless entry and guns out), would be quite the scoop. But Jimmy, (or TYT) decided not to publish the interview. I tried not to bust his balls too hard– because at the end of the day, I know he’s a comedian, and he has weed-smoking to get back to! He was nice enough to chat a little bit afterward, and I got plenty of interviews with Tulsi’s staff and supporters regarding CNN’s keeping Tulsi out of the debate.

Here’s a photo snapped by Jason Lowenthal.

DORE

Many thanks to David T. Grophear for filming/ producing last night, and I wish both Tulsi and Jimmy many days of smoking weed, if they so choose it!