When a party asks a federal appeals court to review a trial court ruling that can’t be directly appealed, they seek a “writ of mandamus”—an extraordinary remedy to stop a lawless trial court. No federal court of appeals has a *tougher* standard for mandamus than the D.C. Circuit.
— Steve Vladeck (@steve_vladeck) August 28, 2023
Tl;dr: Trump ain’t appealing the trial date unless he just wants to set fire to money (well, it’s not his…). Then again, he could direct Lauro to do it.In other words, mandamus isn’t happening absent a manifestly clear error by the district court.
— Steve Vladeck (@steve_vladeck) August 28, 2023
And to tie threads together, *because* mandamus is an extraordinary remedy, seeking it does *not* freeze trial court proceedings until and unless the writ (or other relief) issues.
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