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March 23, 2023- by Steven E. Greer
If you listened to the audio from argument today, you likely think that the judge exposed stupidity on my part when telling me that I misapprehended the concept of preemption. However, he was wrong and had not read the brief (see letter attached).
I am now 100% certain that I am correct in my paradox argument. That is why the lower court ignored it many times. The lower court was daring me to appeal.
Having said that, I like this Judge Lynch. I was listening to him handle a complex criminal case prior to mine. He was top in his class at Columbia Law, then clerked for the Second Circuit, then for the Supreme Court, then was a US Attorney. He was also Vice Dean of Columbia Law.
This was not a coincidence. The calendar team gave me special expedited status, and then gave me the best judge.
The last two-minutes of the audio is very interesting. I have never seen before a judge ask a genuine question and then seem to be swayed by the answer, as Judge Lynch did today.