(C) Daily Kos
This story was originally published by Daily Kos and is unaltered.
. . . . . . . . . .



Neal Katyal Says Merrick Garland/DOJ Need to Appeal Judge Cannon's Decision to D.C. Circuit Court. [1]

['This Content Is Not Subject To Review Daily Kos Staff Prior To Publication.', 'Backgroundurl Avatar_Large', 'Nickname', 'Joined', 'Created_At', 'Story Count', 'N_Stories', 'Comment Count', 'N_Comments', 'Popular Tags']

Date: 2022-09-07

Note: I’m not a lawyer, so I do not know how this would work. However, Neal Katyal has proposed on Lawrence O’Donnell’s The Last Word that Merrick Garland/DOJ need to appeal this god awful ruling by Judge Cannon that Trump gets a Special Master to the D.C. Circuit Court of Appeals in order to bypass the 11th Circuit Court of Appeals. In fact, it’s the hold she placed on the DOJ criminal investigation that needs to be specifically appealed to the D.C. Circuit Court of Appeals. The basis for this is even in a footnote provided by the partisan hack Judge Cannon that issues pertaining to the Presidentical Records Act are under the jurisdiction of the D.C. Circuit Court.

Also, the D.C. District Court of Appeals handles national security issues:

Why is the DC Circuit Court of Appeals important?The US Supreme Court may be the highest court, but it takes less than 100 cases per year,compared with the thousands of cases heard by circuit courts around the country. The circuitcourts are in many cases the final decision makers of important legal issues. The DC CircuitCourt yields more power than other circuit courts due to the nature of cases this circuit hears–including highly sensitive and important issues such as national security, gun safety measures,food safety, labor law, election law, and clean air regulations. Individuals across every circuit are affected by the decisions made by the DC Circuit Court.

Emphasis is mine.

As I stated earlier, I am not lawyer. But given the alternatives, the DOJ surrenders to endless delays while Trump insists on his Special Master to oversee the documents he STOLE in the first place, or the DOJ tries to take its chances with a Trump judge dominated 11th Circuit Court of Appeals that may rule against the DOJ and drag this out for years. I’ve heard other lawyers propose that DOJ head for the D.C. Circuit Court of Appeals, so maybe it is the solution to what that partisan hack Judge Cannon did?

[END]
---
[1] Url: https://www.dailykos.com/stories/2022/9/7/2121492/-Neal-Katyal-Says-Merrick-Garland-DOJ-Need-to-Appeal-Judge-Cannon-s-Decision-to-D-C-Circuit-Court

Published and (C) by Daily Kos
Content appears here under this condition or license: Site content may be used for any purpose without permission unless otherwise specified.

via Magical.Fish Gopher News Feeds:
gopher://magical.fish/1/feeds/news/dailykos/