On Thurs (while I was on vacation), @aclu.org sought full DC Circuit review of the splintered panel decision that would vacate Judge Boasberg’s order finding probable cause to believe DOJ attys committed criminal contempt in the JGG case. ... storage.courtlistener.com/recap/gov.us... 1/5
... Recall that on 8/8 all 3 panelists had agreed that Boasberg’s order was not appealable, yet 2 Trump appointees, on different theories, voted to grant mandamus. @aclu.org says the outcome “would have dire consequences for the Judiciary’s ability to enforce its orders.” ... /2
... @aclu.org says it wants to ensure parties can’t evade even answering questions about their possible defiance of court orders. Here, DOJ attys “chose to ignore the order & then retroactively manufacture ambiguity”—“remarkable step for any litigant, much less the DOJ" ... /3
... “That is especially so where there is evidence not only that DOJ attys understood the order at the time but that a high-ranking DOJ official [i.e., then-ADAG Emil Bove] had also indicated in advance that DOJ might ignore a court order" [i.e. say ‘fuck you’ to courts]. ... 4/5
... .@aclu.org stresses that, whatever obstacles to a criminal contempt action might lie ahead, Judge Boasberg could also still choose remedies short of those, including referrals for bar and court “disciplinary proceedings.” DOJ response is due 9/8. 5/5-end
Not just the substantive evidence that Bove'd encouraged in advance a possible saying fuck you, but that he'd specifically communicated an arguably contemptuous reading of Boasberg's oral order to DHS.
Question: with the SCrOTUS “presidential immunity” ruling, could this president be charged with treason?
Question...does the wording of official order of Donald J. Trump President of the United States make any action on this have legal ramifications because it's filed as an "official" act. Just wondering as I've not noticed this before. I.e. exempt or can be taken as he's above the law. 🚩
*capacity
The president is always sued in his official capacity for official acts. This is a civil lawsuit, not a criminal prosecution, so no immunity from criminal prosecution can protect the president here. There may be other defenses or immunities, but not the recent, judge-created, criminal immunity.