,
5 tweets,
2 min read
Read on Twitter
1. I’m with you, JoAnn. The state of our judiciary is strong. Here’s one example: this nonsense of Hope Hicks invoking “absolute immunity” and refusing to testify was last taken up in court in 2008 by DC Federal Court Judge John Bates. Now, I hesitate to say this but . . .
2. Judge Bates was appointed by President George W. Bush. There reason I hesitate is because in my experience, w/a life appointment & a black robe comes tremendous independence. IMO, who nominates a judge doesn’t necessarily predict how that judge will rule in any given case.
3. Case in point-when Judge Bates was called upon to decide if Pres. Bush’s White House Counsel Harriet Miers could lawfully invoke “absolute immunity” to refuse to testify before Congress, Judge Bates ruled AGAINST Miers and, by extension, against Pres. Bush, who appointed him.
4. More specifically, Judge Bates ruled there is no legal or Constitutional support for the concept of “absolute immunity” and, if allowed, it would “eviscerate Congress’s historical oversight function.” As an aside, in August 2018 Judge Bates also ordered DACA reinstated . . .
5. All of this is to say you can’t assume how a judge will rule based on who nominated him or her. I remain optimistic that our courts will rule correctly and, if recent cases are any indication (Judge Mehta in DC and Judge Ramos in NY), quickly. I do believe #JusticeIsComing
