NEW: Trump files emergency suit vs. Justice Engoron with appellate court seeking to overturn his gag orders.
"Supreme Court's gag orders entered during the non-jury trial in the underlying proceeding are unconstitutional, and sanctions imposed" violate law.
Squid ink. Nothing more.
Update: I’d say one judge disagrees with me. But on what grounds is a mystery, and it may have nothing to do with the argument Trump made.
It doesn’t sound like the judge gave Trump a special privilege; just that constitutional issues deserve careful consideration:
Considering the constitutional and statutory rights at issue an interim stay is granted,” Justice Friedman ruled in the short form order. Engoron’s & AG’s briefs due Nov. 22, Trump reply due Nov. 27. Then, panel will decide. Gag orders lifted until then, at least.From this remove it seems more like the judge didn’t think Engoron had the superior claim over the Constitution (I don’t mean that lightly; no right is absolute). But TRO’s (this is essentially one) are as often reversed as upheld. Now it’s a matter of how the briefs and arguments go.
To the argument this judge is out of touch because he’s not in a courtroom: that’s by design. Appellate judges review a transcript and make judgments about the proper application of law. The idea is, they can see the legal issues dispassionately. And perhaps Engoron was too protective of his staff.
Or perhaps not. We’ll see what the panel says; and eventually the en banc, I’m sure.
Play the long game.
No comments:
Post a Comment