Fannie Mae-No Politics (FNMA)

[clarencebeaks21]

IMO en banc will remand to District Court.

The former-POTUS after-the-fact letter does not meet FRE 201 standards for judicial notice at the Appellate level. The defense deserves the chance to try to exclude it from evidence at trial but IMO it will be admitted; I am unsure if it will be admitted without first Defense getting to depose or cross-exam Trump. There are arguments on both sides: a FRE allowing it, but historical precedent *clearly allows and encourages* ex-Presidents to testify.

The Consolidated cases’ best evidence pled in the COFC (emails, depositions) is also still pre-trial and, so here again, would not qualify. If the COFC Appellate Court were to (surprisingly) direct a summary judgment for the Ps on a Taking, then the Fifth Crct might have a harder argument for remanding. But neither is likely to happen. There are open questions of fact and law in both Districts. Hurry up and wait. GLTA.