Here's a quick hit on how to STOP Trump from weaponizing the courts. This CAN be done:
The Judicial Fix - Accelerated Dockets for Inter-Branch Governmental Disputes
Trump has successfully weaponized the courts. He knows he can bring a suit in federal court even if
The Judicial Fix - Accelerated Dockets for Inter-Branch Governmental Disputes
Trump has successfully weaponized the courts. He knows he can bring a suit in federal court even if
his litigative position is flat-out frivolous. The problem is, even when a court agrees to “expedite” the case, it can take several months to file briefs, schedule & conduct necessary evidentiary hearings & oral arguments and get a final opinion from the court. When Trump loses,
it’s appeal time, which means more briefs, more oral arguments, more delay. Months can turn to years. Once Trump loses in the appellate court, it’s yet another appeal, this time to the Supreme Court. More briefs, more arguments and more waiting. In the meantime,
several elections may have come and gone.
The McGahn litigation is a perfect example of the endlessness of court delays (as spelled out above). Trump KNEW he could run out to clock until November 2020 before the judicial process had been exhausted and McGahn might finally be
The McGahn litigation is a perfect example of the endlessness of court delays (as spelled out above). Trump KNEW he could run out to clock until November 2020 before the judicial process had been exhausted and McGahn might finally be
ordered to testify. It’s painfully obvious that Trump has nefariously exploited the court system. By losing again and again over time, Trump "wins" by running out the clock. Now that we know how unscrupulous politicians/litigants can use the courts, not to decide legitimate legal
contests but as an insurmountable speed-bump on the road to resolving issues, a fix is in order. That fix: a specialized court for Inter-Branch Governmental Disputes.
There are many specialized courts in our federal/state systems. In the federal system there are federal courts
There are many specialized courts in our federal/state systems. In the federal system there are federal courts
handling criminal & civil cases: Immigration Court, Bankruptcy Court, Foreign Intelligence Surveillance Act (FISA) Court, Tax Court, Re-Entry Court & others. Our state/local court systems are even more specialized in their approach to litigation. Take, for example, the Superior
Court of the District of Columbia. The judges & administrators of the DC Superior Court learned long ago that if they created specialized courts, they could better serve litigants &, by extension, the citizenry. Accordingly, DC Superior Court has the following specialized court’s
Misdemeanor Court, Felony I Court (murder cases), Landlord-Tenant Court, Mental Health Court, Domestic Violence Court, Drug Court, etc. These courts benefit from having judges who are subject-matter experts in the relevant areas of law. Moreover, they operate on schedules and
deadlines that are tailored to the nature of the cases.
Perhaps the most germane example is DC Superior Court’s Accelerated Felony Trial Calendar (AFTC). Cases that fall into a certain category (i.e., violent crime cases short of murder) in which a judge orders a defendant
Perhaps the most germane example is DC Superior Court’s Accelerated Felony Trial Calendar (AFTC). Cases that fall into a certain category (i.e., violent crime cases short of murder) in which a judge orders a defendant
jailed pending trial are put on an expedited track such that the prosecutors have to investigate, indict and try the defendant within 100 days from the day of arrest. Take it from this career prosecutor, this can be a real challenge. However, the DC criminal justice system has
determined that this strikes the right balance between the prosecutor’s need to investigate, indict and prepare her case for trial and the defendant’s liberty interest which is being deprived while he awaits trial. This model – specialized courts w/deadlines tailored to promptly
resolve time-sensitive issues – is EXACTLY what we need to diffuse the weaponization of the courts by Donald Trump and those of his ilk. When an inter-branch governmental dispute arises, like – oh, I don’t know – whether a witness must comply with a congressional subpoena
to testify in an impeachment hearing, the “government disputes” court could give the parties one week to file briefs and one additional week to prepare to argue the case. Once argued, the court could have 72 hours to issue its opinion. Similarly aggressive deadlines would apply
to both an appeal to the DC Federal Circuit Court of Appeals and to the Supreme Court.
An Inter-Branch Disputes Court (the "IBDC") would not only be in a position to resolve disputes promptly and let the branches of government go about their business, but it would disincentivize
An Inter-Branch Disputes Court (the "IBDC") would not only be in a position to resolve disputes promptly and let the branches of government go about their business, but it would disincentivize
the filing of frivolous challenges that have been clogging the courts - indeed, clogging the very arteries of justice - in the age of Trump. This is NOT a pipe dream. This institutional fix is not only feasible but addresses an abuse that has been flourishing in plain sight.
Indeed, I contend this fix would fulfill the promise that #JusticeIsComing in ways both literal and figurative. One more thing, people will find reasons to say, "it can't be done." If I had a nickle for every time in my 30 years as a prosecutor someone said to me
"It can't be done," after which we assembled a dedicated team of public servants to go out and do what couldn't be done . . . Folks, #ItCanBeDone Trump bring problems, we bring solutions. #LetsRoll
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