The Second Circuit Court of Appeals invited the Justice Department to offer its opinion on an attempt by President Trump to block a House investigation of his finances, according to a Wednesday court filing.
There may be additional reasons (good or bad), but I think one reason the Courts are doing this is to prevent this from becoming a 2 lawsuit affair, with Trump filing one personally and then DOJ swooping in to file one afterwards if he loses. Trump and Barr would clearly prefer to do it that way for maximum judicial inefficiency.
We at the Royal DOJ believe that Article II power supercedes all Article I powers since it came second and therefore the Founding Fathers considered it superior to all the first-cut-at-it Article I stuff.
It’s clearly an appropriate order. It precludes his personal attorney from claiming that he can’t address certain arguments because he’s only representing Asshole in his personal capacity and not as an officeholder.
This isn’t complicated or unexpected. Trump’s personal lawyers are asserting an alleged governmental interest in support of his personal legal interests. The appeals courts aren’t going to accept those asserted government interests without asking the government whether it actually does claim such an interest. Which, of course, the Barr DOJ will readily confirm it believes Trump’s position is correct.
Thank you to all our esteemed legal minds on this site. Not the first time I have learned something from reading knowledgeable posters, assuredly not the last.
its unusual for appeals courts to solicit the the DoJ’s views in cases (its done relatively often in Supreme Court cases, however).
Oral arguments are scheduled for August 23rd – after the deadline for the DoJ to file a brief – they are pretty much telling the DoJ that IF they have a position, and they want it considered in this case, they won’t be allowed to make new arguments to the Supreme Court.
Its also significant that they asked the Banks lawyers to show up for oral arguments. My guess is in this case, they want the Banks to say, after oral arguments, that they still take no position on the case. (they’ve said so in the original case, and have sent letters saying they have no position on the House brief that has been submitted… so the court seems to be dotting "i"s and crossing "t"s here.)
In other words, this looks like a pre-emptive move by the courts to prevent any additional delay in resolving the issues.
Of course. After all Barr considers himself to be Trump’s personal attorney and all of DOJ obligated to defend Trump at all cost, even though Trump is a known racist and criminal.
Hmm since the subpoenas covered some years before Trump became president and Trump was large and in charge of Trump Organization why isn’t there Trump Org lawyers involved with this? And then wouldn’t Jr. or Eric also have to be involved?