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1. Case is before Trump appointee McFadden. He seems intellectually capable but who knows how he’ll rule. He already showed he was almost sophomoric in his MSJ ruling. Just a quick look at the Mandamus argument and it’s weak. That’s the way you do this and the motion argues
2. it should only be used for big stuff. A mobbed-up traitor with the launch codes is big stuff and Mandamus was what Marbury v Madison was about and it was some two-bit official appointment. So that just sounds idiotic but I concede I did’t read the cases
3. cited. IMO they are just buying time while the FBI finishes the counterintelligence investigation. Trump is not the only threat. Just the most dangerous one. The lead attorney on the brief is one of the good guys. Jody Hunt. He’s been on my radar since my FOIA to the DOJ
4. In February 2017. He knows the Mandamus should issue. In a way better to let it be dismiised then expedite it at the DC Circuit. Judges’ real power all derives from Marbury. They will protect that.
5. Ironic that Federalist Society judges are now tasked with destroying the Federalists’ legacy. I always thought they were a fraud. It’s about to be proven. @tribelaw @neal_katyal
