Drudge Retort: The Other Side of the News

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Saturday, October 06, 2018

The ABA Standing Committee on the Federal Judiciary sent a letter on Friday to the Senate Judiciary Committee to inform them that they will be reopening their evaluation of U.S. Supreme Court nominee Brett Kavanaugh. "New information of a material nature regarding temperament during the September 27th hearing before the Senate Judiciary Committee has prompted a reopening of the Standing Committee's evaluation," chair Paul T. Moxley wrote to Sen. Charles E. Grassley and Sen. Dianne Feinstein. "The committee does not expect to complete a process and re-vote prior to the scheduled Senate vote. Our original report must be read in conjunction with the foregoing. Our original rating stands."


Although not directly addressed in the motion, I think Maryland's standing is speculative and insufficient. It asserts that potentially litigating against the wrong party, the AG, it will be irreparably harmed, a basis for an injunction. See motion at pg. 28 (pdf pg. 34) int.nyt.com

Ordinarily speculative harm is insufficient for an injunction and certainly would not constitute an "injury in fact" which is (a) concrete and particularized and (b) actual or imminent for standing purposes.

Otherwise I agree with their argument just question whether they will get to make it.

The Administrative Office of the District Courts disagrees with Yahoo's headline.

"Despite many media reports, there was no 'mass' or 'wholesale' release of detained juveniles during November 7, 2018, docket in the 313th District Court," the Administrative Office of the District Courts wrote in an unsigned statement released late Friday. www.chron.com
I know Devlin and voted against him. Would not have mattered anyway. All, except one, my county commissioner, county offices were swept by Democrats. The margin almost mirrored the straight ticket voting in every office. It's a damn shame too because we lost an excellent County Judge and many excellent civil and criminal court judges with years of experience.

#2 | Posted by JeffJ

#7 | Posted by tonyroma

Depends, while the general VRA is a possible alternative there, nevertheless, is a specific statute regarding vacancies in the attorney generals office. That statute specifically assigns the duties of the now vacant AG to Rosenstein. www.law.cornell.edu

Which prevails is an undecided question and there are arguments both ways. www.justsecurity.org

Bottom line, Whitaker is there and there is no quick and easy solution, so he'll remain for now. As the Just Security article points out, the immediate question is if and how far can he interfere or restrain Mueller.

Lawfare's typically thorough analysis of all the angles. www.lawfareblog.com

The conclusion,

In short, the situation Trump has concocted is genuinely dangerous, but a variety of actors have the capacity to mitigate the danger. One of those people is Whitaker himself. Whitaker has offered no basis for confidence that he will act appropriately. And Trump's attraction to him no doubt has its roots in Trump's own apparent conviction that Whitaker -- unlike Sessions -- will serve the president's personal interests in office. That said, Sessions was not an individual whose history gave much basis for confidence that he would act honorably with respect to the Russia investigation. He came into office having been formally associated with the Trump campaign and having personally met with the Russian ambassador to the United States and then testified inaccurately on the subject at his confirmation hearing. Yet Sessions -- at great personal cost -- in the end put his duty as attorney general, his oath of office, before his loyalty to his boss.

When Matt Whitaker made his remarks on the investigation, he was a private citizen who had not been briefed on the investigation. Now he has taken his oath of office and he will be briefed on the investigation in detail. These are solemn realities that should have an impact. The question is whether they will.

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