So I am working in the Federal Courthouse. This week the 8th Circuit is holding oral arguments all week. Since I am an appellate junkie, I have been going up there to watch. Today one of the cases was a drug case. Both attorneys had to fly in from K.C. and stay in a hotel. Just for the record the national government has no money because it is all going to the war. So with that background...
Attorney #1 for scuzzy drug lord. Stands up. Gives 10 minute recitation of facts in a monotone voice, says "I think x case is controlling." He then sits down. Attorney #2 for the United States gets up and says in a depressed sounding voice, "I agree that x case is controlling. I could try to distinguish it, but it won't work." The judges stare at the attorney with a puzzled look, and then tell them thanks and end the argument. So here is the question, why would the U.S. pay to send someone out here to concede an appeal? Why not just conceed in the brief? How was it beneficial to the court, the U.S. government, the attorney's office, or the taxpayers? Stupid lawyer.
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