The DOJ can get Trump's hand-picked judge removed from the case -- here's how
Harvard Law Professor Laurence Tribe joined Lawrence O'Donnell on Wednesday night, and after hearing him address some of the legal matters facing Donald Trump, another law scholar was aghast anyone has to take the matters as if they're serious. But former acting-solicitor general, Neal Katyal, came up with a strategy for how the Justice Department can circumvent the Trump-appointed judge the ex-president shopped to get from the beginning.
Andrew Weissmann, who served as general counsel for the FBI and a prosecutor on special counsel Robert Mueller's team, began the discussion by saying that the Justice Department appeal the injunction but not necessarily the special master. The documents that fall under executive privilege are going to be very easy to suss out from those involving personal attorney-client privilege. At the same time, nothing that is in a classified or "top secret" folder is going to fall under privileged information for Donald Trump.
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"She said the current president, President Biden has not waived executive privilege," she obviously didn't read the last part of the government's brief saying that he'd said so. But the government, the solicitor general, can have a document from Biden saying, 'I hereby wave executive privilege.' They could then ask her to narrow the scope of the injunction, so that the investigation can proceed. The downside: this judge doesn't seem all that amenable to reconsideration or logic," Katyal continued.
The last option, he said, is one he suggests the Justice Department go with, and that is Judge Cannon basically argued that she shouldn't be overseeing the case to begin with.
"She pleaded herself out of her own court," said Katyal. "Because she planted remedies to the special master via the Presidential Records Act. And she has a footnote on this, Footnote 16, which says basically, the Presidential Records Act says that you can only bring these cases in Washington D.C. and only Washington D.C. judges can oversee them. So, that maybe that's what the Justice Department, I think, should do here. Get this case before judges who are experts on presidential records and executive privilege and the like."
https://www.msn.com/en-us/news/politics/the-doj-can-get-trump-s-hand-picked-judge-removed-from-the-case-here-s-how/ar-AA11A9Qq
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