Kasie Hunt to the DC attorney general:
Are you going to sue?" Hunt asked pointedly.He could have given the game away had he explained that, under federal law, Trump has 30 days from yesterday for his “emergency.” By the time a court could issue an injunction and the DC circuit take the interlocutory appeal, the time limit would have expired.
"My focus right now is on the facts on the ground, understanding exactly what is happening and ensuring that command and control of [the Metropolitan Police District] remains with the chief of police and the mayor," Schwalb replied.
"Why not file a lawsuit against the president now?" Hunt said.
"My focus is on practical results and resolving problems, and oftentimes if you can resolve things without being in court, it's for the best interest of everyone involved," the attorney general said.
Besides, you know the Roberts Court would give Trump what he wants. Damn the statutes, full unitary executive authority ahead!
The time to sue is when Trump violates the 30 day limit, when he decides to keep it up as long as he wants to. Prior to that, you’re likely to get tossed for mootness. Even after 30 days, Trump could back down without creating any precedent to keep him from doing it again.
Mootness is all.
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