I also think that Pro Publica story about the Court relying heavily on amicus briefs is going to make them run away from such briefs, and be very public and obvious about it. See, e.g., John Dean:Donald Trump’s taxpayer-funded criminal defense lawyers in Texas weigh in. pic.twitter.com/Bhs0uBU4QM
— Ron Filipkowski (@RonFilipkowski) December 21, 2023
"I think they are higher, actually, than U.S. v. Nixon," said Dean. "What we were seeking in the Nixon case were 64 secretly recorded conversations with aides. There were about a half a dozen defendants who were about ready to go to trial, and the prosecutor wanted that set of tapes, 64 tapes to use in the trial. He had no knowledge that, for example, it would force Nixon to resign when the information was released in those tapes. But he was just preparing for trial and went directly to the Supreme Court ... and got a ruling 60 days later. So it was a — it is a powerful precedent. And Smith is relying on it."
"I think they will [grant DOJ's motion]," said Dean. "It would be very telling, politically, if for some reason they didn't. They theoretically could wait until the Court of Appeals acted, saying they wanted it fully briefed and they wanted to see what the Court of Appeals, where they came out on it. But I think that delay so plays into Trump's hand. And it's so conspicuous to all of us now that Trump's M.O. is to indeed delay, delay, delay. It'll be telling politically if they are influenced at all by Trump. And Pam, they have not been to date."
Ken, as usual, is not in touch with the zeitgeist.
(And I still don’t understand how a move to decide an issue Trump himself raised so the case can either be dismissed, or proceed to trial, is “blatantly partisan.” I guess that’s why I’m not the Attorney General of Texas sticking my nose in where Texas has no interest whatsoever.)
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