Don't know answer to either question. I hope it's a jury trial so that the swindle gets exposed. Anyway, it's almost certain that Judge Lamberth is aware that he was lied to by the Justice Department. Attached earlier post was very timely as it gives us some insight on the judge.
I can't see SCOTUS not accepting the appeal. Several Justices questioned Thompson why it wasn't a takings case. Although we (shareholders) read every word spoken at the hearing and read every word of the ruling, the judges at the Appeals Court ruled contrary to the Justices' intentions.
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