I have had this exchange with so many students after I pose a hypothetical. The correct answer is never “I don’t have all the facts.”
JUSTICE BREYER: Does he win or lose?
MR. READLER: He likely — he may well lose.
JUSTICE BREYER: What do you think?
MR. READLER: He may well lose at the Schlup stage.
JUSTICE BREYER: I didn’t ask that. I said what do you think.
MR. READLER: Well, I don’t have all the facts, I suspect he’s going to lose.
JUSTICE BREYER: Yes, you do. I made up the hypothetical. (Laughter.)