"Yep."
But, what's your point? That's the way the game is played. Clement played it well. Kessler came across like a deer in the headlights.
If your point is that that is "wrong," I agree, but unfortunately that fact is almost irrelevant.
The fact that arguing to the 2nd highest Court in the land is considered "the game" shows just how low the justice system in this country has sunk. The fact that a former Solicitor General is willing to lie to the 2nd Court of Appeals makes it even worse. It's one thing for a defense attorney to mislead a jury in defense of their client it's another altogether when attorneys are allowed to actually lie to appeals courts. Imo they should be disbarred for it. It isn't "a game" when someone's reputation and large amounts of money are on the line, it's real life with real repercussions. If it's a game and Brady loses then F.ck it, Brady should go waste the Supreme Court's time.