Thank you for your clear analysis of Merrick Garland's evidently ill-considered decision to defend the Justice Department officials who may not have acted in good faith in concealing Bill Barr's memo. It seems completely wrong-headed. Is this the end of the story? Do we just have to hope that someone may leak the memo? It seems too important to shrug off. Thank you!
I agree - thank you, Robert, for providing further thought and commentary w/r/t the Barr Memo. @KateMcMullen, I believe the matter will be reviewed to the US Court of Appeals, DC Circuit. I guessing here, but I think Merrick Garland is relying on the Appellate Court to support Judge Amy Bermant Jackson's ruling thereby giving the AG more than sufficient political cover to release the memo. At least I hope that's the case.
You could be right, but if you get a chance, read the government's brief asking for a stay. I linked to it in today's newsletter. I am sorry to say that the brief doesn't address the merits, but only seems designed to explain that career DOJ officials did not intentionally lie to Judge Jackson.
I'm probably digging too deep trying to defend Garland, but...if he simply releases the memo as ordered by the court, the Republicans cry "foul, hyper-partisan" etc. If he appeals, and the court reinforces the order...???
Thank you for your clear analysis of Merrick Garland's evidently ill-considered decision to defend the Justice Department officials who may not have acted in good faith in concealing Bill Barr's memo. It seems completely wrong-headed. Is this the end of the story? Do we just have to hope that someone may leak the memo? It seems too important to shrug off. Thank you!
The DC Court of Appeals will review the DOJ's decision not to release the memo. so there is hope.
Hope is always a good thing! Thank you, Robert Hubbell.
I agree - thank you, Robert, for providing further thought and commentary w/r/t the Barr Memo. @KateMcMullen, I believe the matter will be reviewed to the US Court of Appeals, DC Circuit. I guessing here, but I think Merrick Garland is relying on the Appellate Court to support Judge Amy Bermant Jackson's ruling thereby giving the AG more than sufficient political cover to release the memo. At least I hope that's the case.
You could be right, but if you get a chance, read the government's brief asking for a stay. I linked to it in today's newsletter. I am sorry to say that the brief doesn't address the merits, but only seems designed to explain that career DOJ officials did not intentionally lie to Judge Jackson.
I'm probably digging too deep trying to defend Garland, but...if he simply releases the memo as ordered by the court, the Republicans cry "foul, hyper-partisan" etc. If he appeals, and the court reinforces the order...???
Perhaps, but the Attorney General isn't supposed to take legal positions based on political blowback.
Good point. Thanks for calling me out!