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Old October 27, 2012, 08:59 PM   #211
Al Norris
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Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,318
Having listened, I'm coming away with an entirely different perspective than the opinion I've already reported. Of course, I wasn't there and cannot base my opinion upon body language. However...

What I heard was Faber being questioned without mercy and constantly being interrupted. The panel barely gave him time to answer, before being pelted with another query from a different angle. Much hemming and hawing by the appellant.

You might have also noted that when Faber's time was up, he was abruptly silenced. Contrast that with Gura's argument time, who, when appraised that he was 44 seconds over, the court insisted he finish his thought. At rebuttal, Faber was again, cut off.

Also note, that the court had to correct Faber as to what exactly the Rooker-Feldman doctrine was all about. Faber was wholly unprepared for this line of questioning.

Contrary to what has been reported, Alan Gura started his time with the Rooker-Feldman doctrine, in order to clarify to the court, why it was inapplicable. Something that Faber failed to do, please note.

Another thing I noted was that contrary to the way the court questioned Faber, Gura was given comparatively free reign in his answers. There were three separate times that Gura expounded upon the salient wording of Heller (twice) and McDonald (once), with virtually no interruptions from the court. These Judges (yes, even judge King) were very interested in what Gura had to say.

Add to this the time spent explaining why Masciandaro and Williams were not on point, and I've come away with the feeling that the court knew that the State had painted itself into a corner. They gave Faber every chance to redeem his case, and Faber flubbed it, big time (he literally shot his own foot, at the end of his rebuttal).

I also agree that Judge King is anti-gun and was looking for even the most tenuous thread to overturn the district court (hence the attention to the jurisdictional issue). That being said, I also feel that Judge Davis' remarks about kicking the case up the ladder, was made as sarcasm to Judge King, himself.

All in all, I feel much better about this case, having listened to the audio, this third time around.
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