The DOJ is appealing Judge Howell’s order directing the release of the Mueller grand jury transcripts & the unredacted Mueller report. The DOJ further seeks a stay, asking that they not have to turn over the materials until the case is heard on appeal. The test for a stay is:
1. the likelihood that the DOJ will prevail on appeal (they won’t, so DOJ loses this point), 2. the likelihood the DOJ will be “irreparably harmed” if the stay isn’t granted (to the extent the truth will irreparably harm Trump by exposing his crimes, DOJ might win this point),
3. the prospect that others will be harmed if the court grants the stay (well, only the entire population of America will be harmed as justice delayed is justice denied, so DOJ loses this point), & 4. the public interest in granting the stay (um, no, DOJ loses this point as well)
Accordingly, IMO, the DOJ’s argument should fail. Judge Howell’s legal reasoning, opinions & conclusions are rock-solid. However, I suspect Judge Howell will grant the stay, confident in the fact that the higher courts will affirm her opinion on appeal.
