This corruption of the rule of law by these two Trump Judges of the D.C. Circuit must be nipped in the bud. American jurisprudence, the federal courts, and Judge Boasberg deserve better.
In the context of "oopsies", vacating the proceedings would be an outrageous abuse of authority, because to do that, there would have to be NO MERIT to it. Boesburg has the judicial authority to vacate the court of appeals order if it's plainly contrary to his duty. And I'm quite happy to see the lower courts standing up to upper court abuse, they are not his boss, the constitution is. It's like a soldier refusing an order to execute a combatant; he risks court-martial, but he's clearly got a reasonable basis for his belief that it would be a dereliction of his sworn duty to obey it.
The DOJ is looking for a john saur excuse to escallate it to scotus to decide if the court had a reasonable basis, and to find that the doj deserves the benefit of the doubt here, between it and the judge as separate branches, and turn that into a prolonged battle to stall. Clearly, the judge wins on reasonable doubt, but who writes the stay in the upper court decision? That's the gamble here, will they get a detailed stay that says why the doj should win that fight on the basis of trusting the doj more than the lower court cheif judge with the benefit of the doubt. I guess we'll see, up could be down.
This corruption of the rule of law by these two Trump Judges of the D.C. Circuit must be nipped in the bud. American jurisprudence, the federal courts, and Judge Boasberg deserve better.
Adam, did you report on the Seditious Conspiracy trials? I am sure you are now aware that DoJ wants to void the convictions!
Indeed, I did! I was in D.C. for the Oath Keepers trial. I expect to be speaking about that soon. Stay tuned.
no lifetime judges- WHY are there lifetime appointments ?
In principle because that way they are supposed to be "free" of any political interference.
In reality it means you have corrupted cockroaches until they die.
How can Bosberg be saved?
Arghhhh so frustrating. Boasberg is such a hero, best kind of judge we need. Judge Child's dissent is remarkable.
Aargh is right, Ellen!
In an alternate reality, Judge Boasberg would be a candidate for a higher court judgeship, perhaps even the Supreme Court.
In the context of "oopsies", vacating the proceedings would be an outrageous abuse of authority, because to do that, there would have to be NO MERIT to it. Boesburg has the judicial authority to vacate the court of appeals order if it's plainly contrary to his duty. And I'm quite happy to see the lower courts standing up to upper court abuse, they are not his boss, the constitution is. It's like a soldier refusing an order to execute a combatant; he risks court-martial, but he's clearly got a reasonable basis for his belief that it would be a dereliction of his sworn duty to obey it.
The DOJ is looking for a john saur excuse to escallate it to scotus to decide if the court had a reasonable basis, and to find that the doj deserves the benefit of the doubt here, between it and the judge as separate branches, and turn that into a prolonged battle to stall. Clearly, the judge wins on reasonable doubt, but who writes the stay in the upper court decision? That's the gamble here, will they get a detailed stay that says why the doj should win that fight on the basis of trusting the doj more than the lower court cheif judge with the benefit of the doubt. I guess we'll see, up could be down.
So damn frustrating!
Great podcast !
one wonders if Bove hasn't pushed this on them