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Palestinians Charge Genocide in U.S. Court; Biden, Blinken Sued for Backing Israel’s War on Gaza
(www.democracynow.org)
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The MTD is one of the first things that a judge needs to decide, and it was argued by the government at that hearing:
Right after that quote in the article, you can find a link to the full MTD.
That makes sense.
It's just that the way your initial comment was:
made me think that this was the only thing discussed.
So briefly, on Friday started the hearings of the case Defense for Children International-Palestine v. Biden, and Biden's defense lawyer said their piece, which was -at least in part- their MTD.
(I haven't watched all the videos yet. Will do to have a better understanding of the case.)