Kasowitz's latest filing from last night: https://t.co/tsTqJanOVe
E. Jean Carroll goes to court against outgoing Pres. Trump this morning, in a lawsuit accusing the lame duck of defaming her by denying that he raped her.
Trump wants to pause proceedings to appeal the ruling kicking DOJ out, but for now, it's still on.
Kasowitz's latest filing from last night: https://t.co/tsTqJanOVe
"Let me hear from the parties about where we are."
Where we are is a little "confounded" by the fact that Trump's counsel waited until after 7 p.m. last night to request an adjournment.
Trump "attempted to abuse the Justice Department."
Trump seems "desperate" to avoid the justice system, which smacks of "desperation" and "fear."
Trump's attorneys used "every stall tactic in the book," avoiding service, denying jurisdiction, seeking stays, and refusing to provide documents.
Trump's lawyers expressed their intent to fight the case in state court, while jockeying via the DOJ to move the case to federal court.
"Of course, even then it seems like the gamesmanship continued," he notes.
DOJ tried to reschedule and refused to argue by phone.
"To call that gamesmanship would be an act of charity," Matz says.
Trump "knew or darn well should have known" that these arguments were available to them earlier, he adds.
Judge Kaplan is skeptical: "Immunity from liability and immunity from discovery are two different things, aren't they?"
—But they're not on the call.... because the judge ruled they are not a party to the proceedings.
Matz: "It's sort of peculiar, your honor... Mr. Trump and his private counsel did not involve themselves in the Justice Dept.'s" motion to substitute.
There are at least potentially "waiver issues," Matz says.
It's "sacred," he says.
DOJ isn't here because they're respecting Judge Kaplan's order, Burgo says.
Trump's attorneys will reply after, and Burgo says he will proceed in Second Circuit "expeditiously."
Judge Kaplan: "Define expeditiously."
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1/ Here’s a list of conversational frameworks I’ve picked up that have been helpful.
Please add your own.
2/ The Magic Question: "What would need to be true for you
3/ On evaluating where someone’s head is at regarding a topic they are being wishy-washy about or delaying.
“Gun to the head—what would you decide now?”
“Fast forward 6 months after your sabbatical--how would you decide: what criteria is most important to you?”
4/ Other Q’s re: decisions:
“Putting aside a list of pros/cons, what’s the *one* reason you’re doing this?” “Why is that the most important reason?”
“What’s end-game here?”
“What does success look like in a world where you pick that path?”
5/ When listening, after empathizing, and wanting to help them make their own decisions without imposing your world view:
“What would the best version of yourself do”?
Please add your own.
2/ The Magic Question: "What would need to be true for you
1/\u201cWhat would need to be true for you to\u2026.X\u201d
— Erik Torenberg (@eriktorenberg) December 4, 2018
Why is this the most powerful question you can ask when attempting to reach an agreement with another human being or organization?
A thread, co-written by @deanmbrody: https://t.co/Yo6jHbSit9
3/ On evaluating where someone’s head is at regarding a topic they are being wishy-washy about or delaying.
“Gun to the head—what would you decide now?”
“Fast forward 6 months after your sabbatical--how would you decide: what criteria is most important to you?”
4/ Other Q’s re: decisions:
“Putting aside a list of pros/cons, what’s the *one* reason you’re doing this?” “Why is that the most important reason?”
“What’s end-game here?”
“What does success look like in a world where you pick that path?”
5/ When listening, after empathizing, and wanting to help them make their own decisions without imposing your world view:
“What would the best version of yourself do”?
