talking about hershey s kisses and their iconic shape. we will call it food court. they are facing a lawsuit from the cookie department arguing what hershey calls its conical configuration is a universal symbol on hershey s claims the use of a similar shape does not constitute copyright infringement. ethan bearman. criminal defense attorney david bruno. welcome back. he hershey s kiss versus a chocolate chip. are they the same? exhibit a from the complaint. hershey seeks to prevent the cookie department from contending to offer its goods using a stylized chocolate chip teardrop imagery which they have used since 2009 and hershey s belatedly 11 years after the fact claims is infringing
been looking for the justice department to restore norms, under the new attorney general, this is actually what it looks like. this is the justice department arguing before a court that some justice department legal opinions need to stay within the department so that lawyers can give honest advice to an attorney general. notably, the judge in this case was very unhappy with the prior arguments that had been made by the justice department and so in the justice department s new filing with the court, they fall on their sword. they apologize. they say we didn t mean to mislead the court in this, and so the memo, to be clear, the memo is actually it would explain what? it would explain why bill barr did not proceed with saying,
these newly released e-mails. the e-mails reveal an official from the white house budget office ordered the pentagon to suspend military aid to ukraine 90 minutes after that now infamous call on july 25th between president trump and ukraine s new leader. it was on that call, you ll remember, that president trump pressured president zelensky to investigate mr. trump s political rival. the e-mails also show that the white house budget office knew that the hold on the aid would raise concerns and so he told others to, quote, keep quiet about it. democrats are pouncing on the new chain of e-mails. senate minority leader chuck schumer says it s more important now that white house officials testify in the upcoming impeachment trial. lawmakers are on holiday break as the stalemate continues. new from overnight a court filing from the justice department arguing that the courts should not weigh in on the dispute between the house and the trump administration over the former white house counse
appearance on fox news arguing that they are not going to send over those articles of impeachment until she sees exactly how a senate trial is going to be conducted. kate? lauren, thank you so much for being there. one of the only people probably on the hill right now. thank you so much. interesting, at the same time, there s an interesting court man over that happened while you were sleeping. overnight the trump administration argued to a federal court to stay out of the ongoing fight between the house and former white house counsel don mcghan. the justice department arguing that the white house vote on impeachment means a quick resolution to mcghan s case is no longer necessary. and remember, this is one of the i would say potentially most significant court cases impacted by impeachment. joining me now, cnn senior justice correspondent, evan perez, with much more on this. what is mcghan s team what s the justice department really asking here? they re asking the court to stay
not to convict him, that the courts have no role in this. and you know, we should note that this is sort of a different flavor of an argument that they ve been making from the beginning, which is this is not something the court should get involved in. this is a fight between congress and the white house. big question as you pointed out, very important, can the president just say there are people close to him who essentially have no they have no responsibility to show up in congress to answer a subpoena, that they have absolute immunity. that s the question a judge has decided is not so. they say that the judge in washington ruled that the mcghan, the former white house counsel, does have to show up to provide some testimony at least in answer to the subpoena. a part of what the justice department in this brief said overnight, said indeed if this court now were to resolve the merits question in this case, it would appear to be weighing in on a contested issue in any impeachment tr