"The burden is self-imposed." - Judge Gildea
That was one of the biggest moments from today's hearing over Karen Read's motion to compel Colin Albert's deposition.
Colin Albert's attorney, Chris Mattei, argued that Colin is now in basic combat training, does not have his phone, has an intensive daily schedule, and that any deposition would require permission from the U.S. Army. He said he had even reached out to a Judge Advocate four times without receiving a response.
Judge Gildea didn't dispute that the Army controls Colin's schedule. Instead, he focused on one fact: the subpoena had already been served before Colin enlisted. 🚨
Gildea repeatedly emphasized that subpoenas have to mean something. He said the burden was "self-imposed," signaling that voluntarily entering military service after being served with a subpoena does not automatically excuse compliance with that subpoena.
Karen Read's attorney, Aaron Rosenberg, agreed that everyone respects Colin's decision to serve his country. His argument was regarding the timing of this choice. Colin already had outstanding obligations under a court-issued subpoena, and this is now the second hearing because Read's team still has not received the documents they subpoenaed.
By the end of the hearing, Colin's attorney acknowledged that if Judge Gildea orders Colin to appear for a deposition, they will comply. The remaining question is what the Army will actually permit and how that deposition can be accomplished.
To me, this was never about criticizing military service. It was about whether someone can voluntarily make themselves unavailable after already being served with a subpoena. Judge Gildea made it clear he is not prepared to simply let that question end the discussion.
Because Attorney Mattei acknowledged he was still trying to determine the proper process for obtaining permission from the Army, Judge Gildea directed him to find out exactly what needs to be done to produce Colin Albert for a deposition.
Judge Gildea also corrected Mattei after he referred to the subpoena as something "the other side says is disputed."
"You may not want to say 'the other side says it's disputed.'"
Gildea had already made clear that this was "a subpoena that was already served." His concern was no longer whether the subpoena existed or was valid. It was how the parties were going to comply with it.
AKA, Colin's attorneys have one more shot before Gildea files a court order to produce him for the deposition.
"Monty Python’s Flying Circus" had a sketch where a group of restaurant Vikings aggressively sing a song about "Spam"...
...over and over until they drown out all other conversations.
https://t.co/ghQpRLy8Re
‘Spam,’ meaning “unsolicited usually commercial messages,” comes from Monty Python.
Well, before that, ‘Spam’ was only a canned meat product.
Still is.
But in 1970…
🧵⬇️
Imagine what the Republicans would be doing right now if Sonia Sotomayor's husband had dozens of texts on his phone with the Obama White House discussing overthrowing the U.S. Government and a lawful Presidential election.Just imagine.
DON'T LET GINNI THOMAS BE ABOVE THE LAW.
@sarahmaclean Amazing that my local indie (@LeftBankBooks) had it available within 1-7 days! How do they make this happen!? 🤔🤯😉 My kiddo is going to love reading this with us!
handmaid's tale is also for white a
supremacists who love an author who signed a public letter protesting the firing of a professor who sexually assaulted and physically abused at least one of his students
so
you know
there's that too
Margaret Atwood is an ASSHOLE.
Were the April 2022 stickers technically late? Yes.
Did I care? Not one little bit especially when they are this GORGEOUS!!!!
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All of which is to say: laws that limit or criminalize abortion aren't just violations of the human rights of every person who can become pregnant, but are also infringements on the religious liberty of every American Jew, and an imposition of governmental Christianity on us all.
Head to the HB Instagram to support our THANKSGIVING FOOD DRIVE! For every SHARE and SAVE of this Instagram post, we will contribute $1 to the @CFBNJ (Community FoodBank of New Jersey)! 🦃🍎🍗
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