Judges Cannon and Dearie seem displeased with each other; DOJ has a perfect record against January 6 defendants; E. Jean Carroll hits a roadblock in her suit against Trump.
Great episode - BRILLIANTLY crafted listener question! It hit so much at the sort of elephant in the figurative room - it’s absurd to claim you are unclear about handling presidential records as a former president, like bare minimal competence. So glad this was covered.
Finally touching on the DC Superior/Appeals Court weirdness! It's a very unusual system!
Not only are the judges not Article III judges, their manner of appointment is also very strange. Yes, the President appoints and the Senate confirms like "normal" federal judges, (only fixed 15 year terms). However, the President is constrained to appoint one of the three candidates for each vacancy from a list developed by the "District of Columbia Judicial Nominations Commission." There are a bunch of statutory restrictions on who can be appointed, too. (DC Code § 1–204.33)
The DC Judicial Nominations Commission has a really strange composition and there was a fight centered around a complain by now recently passed Circuit Judge Silberman about whether it's proper for a sitting Federal judge (in this case, the show's favorite Judge Emmet Sullivan of Michael Flynn fame) to sit on that commission.
Perhaps most strangely, if the President doesn't select someone from the list from the DC Judicial Nominations Commission, that commission itself nominates and sends to the Senate for confirmation a candidate all on its own! (DC Code § 1–204.34(d)(1))
Excellent episode. Should we be alarmed by the fact that, based on the 5th Circuit's decision in the Texas social media case, we're only two or three of justices away from the constitution pretty much being interpreted any way the conservatives want it to be?
I'd never heard of the Real Housewives of Salt Lake City before today, I'm still 90% sure Josh was just making that up, and out of deference to my childhood in Salt Lake City I'm both not googling that show to see if its real and positive that if it is real and one of the housewives was arrested by the FBI, the crime involved was real estate fraud.
To the extent the Trump team had any strategy with respect to Deary's time on the FISC, I think it basically had to be "if this guy gets picked and rules against us, we can say he was obviously biased from the start because of the FISA stuff, and nobody will notice if we just don't mention the fact that it was our idea to choose him."
Another instance of press strategy directing legal strategy, in essence.
Christina Bobb’s declaration says “a diligent search was conducted" and “any and all documents that are responsive to the subpoena” are being returned, but preceded by the qualifier: “Based upon the information that has been provided to me ….” Does she avoid committing perjury if the “information … provided” to her was false? Was she under any duty to perform her own due diligence to determine if the information she got was true?
Great episode - BRILLIANTLY crafted listener question! It hit so much at the sort of elephant in the figurative room - it’s absurd to claim you are unclear about handling presidential records as a former president, like bare minimal competence. So glad this was covered.
Great episode! Wish you had a more regular release schedule.
Finally touching on the DC Superior/Appeals Court weirdness! It's a very unusual system!
Not only are the judges not Article III judges, their manner of appointment is also very strange. Yes, the President appoints and the Senate confirms like "normal" federal judges, (only fixed 15 year terms). However, the President is constrained to appoint one of the three candidates for each vacancy from a list developed by the "District of Columbia Judicial Nominations Commission." There are a bunch of statutory restrictions on who can be appointed, too. (DC Code § 1–204.33)
The DC Judicial Nominations Commission has a really strange composition and there was a fight centered around a complain by now recently passed Circuit Judge Silberman about whether it's proper for a sitting Federal judge (in this case, the show's favorite Judge Emmet Sullivan of Michael Flynn fame) to sit on that commission.
Perhaps most strangely, if the President doesn't select someone from the list from the DC Judicial Nominations Commission, that commission itself nominates and sends to the Senate for confirmation a candidate all on its own! (DC Code § 1–204.34(d)(1))
Links to the two cited DC Code sections below:
https://code.dccouncil.gov/us/dc/council/code/sections/1-204.33.html
https://code.dccouncil.gov/us/dc/council/code/sections/1-204.34
Excellent episode. Should we be alarmed by the fact that, based on the 5th Circuit's decision in the Texas social media case, we're only two or three of justices away from the constitution pretty much being interpreted any way the conservatives want it to be?
I'd never heard of the Real Housewives of Salt Lake City before today, I'm still 90% sure Josh was just making that up, and out of deference to my childhood in Salt Lake City I'm both not googling that show to see if its real and positive that if it is real and one of the housewives was arrested by the FBI, the crime involved was real estate fraud.
To the extent the Trump team had any strategy with respect to Deary's time on the FISC, I think it basically had to be "if this guy gets picked and rules against us, we can say he was obviously biased from the start because of the FISA stuff, and nobody will notice if we just don't mention the fact that it was our idea to choose him."
Another instance of press strategy directing legal strategy, in essence.
Christina Bobb’s declaration says “a diligent search was conducted" and “any and all documents that are responsive to the subpoena” are being returned, but preceded by the qualifier: “Based upon the information that has been provided to me ….” Does she avoid committing perjury if the “information … provided” to her was false? Was she under any duty to perform her own due diligence to determine if the information she got was true?
Ugh more Trump... that dude :/ btw, what will you ever talk about when he's gone? (maybe the judicial politicians that don't exist?)
I imagine many of your listeners are lawyers. I ain't. Can you dumb it down and work in quick, inline, definitions of terms like 'stay', 'enjoin'?
Perfect record on January 6th?
https://www.npr.org/2022/04/07/1091392445/jan-6-riot-acquittal