FOXNEWS Outnumbered March 22, 2022 16:42:00
Appellate courts i would often say please don't quarrel with the facts in this you have a knocked down case. if you want to get the appellate court to relitigate the facts you're up against the harshest standard of review available. clear error is no small thing. outside of the narrow finding it somehow the district court got it wrong, filtered through that clear error standard are there other circumstances in which it is proper for for appellate courts to do their own independent fact-finding outside of the record of the case that they are reviewing? >> i'm not aware of any. there may be, but...