Gilbert’s Response to the Court: Appellate Writ, Not Appeal

“It is the spirit and not the form of law that keeps justice alive.”

Earl Warren

The Honorable David O. Carter of the Central District of California, issued an Order to Show Cause in the third party delegate lawsuit on August 20, claiming that Richard Gilbert and his team filed an appeal at the same time that a Second Amended Complaint was filed.

You can read that here:

Order to Show Cause

Carter threatened to Dismiss with Prejudice if he didn’t have answers by 9 A.M. tomorrow morning. Richard Gilbert responded to the court. You can read that here:

Plaintiff’s Response to Order to Show Cause

In the response, Gilbert says that he filed an Appellate Writ, rather than an appeal, asking the Appellate Court to order that the case be expedited. He claims that the delegates are “suffering irreparable harm” because the Court has had the Motion to Expedite for eleven days. The response reads, (in part):

“If the Trial Court were to order the case expedited so that final argument may be presented Wednesday, Thursday, or Friday, Plaintiffs would immediately notify the Appellate Court that the Appellate Writ has become moot.

Clearly, Plaintiffs have never filed a Notice of Appeal nor do Plaintiffs take the position
that the case should not be expedited on the Second Amended Complaint.”

Gilbert posted on Twitter that this was all part of his plan to force the Court to rule before the convention.

               “The purpose of the Appeal was to force the issue of setting Final     Argument and a Ruling prior to Convention-We will know soon.”

“I intentionally irked the Judge to move on the case. Otherwise the clock would run out.”

“I have taken great risks to force the Federal Judge to Rule. Either he will rule or order the case be decided by Appellate.”

(Gilbert also said on Twitter that the author should have been able to see the response. It was not loaded into the court system until later.)

Will Gilbert’s plan see fruition and affirm the right of the delegates to vote by conscience, or will the Court Dismiss with Prejudice, forever silencing those who wish to be unbound at the Republican National Convention?

“Our government… teaches the whole people by its example.  If the government becomes the lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy.” 

Louis Dembitz Brandeis