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Wrong for multiple reasons. 👇🏻

The actual problems are: (1) the Public Integrity Section at Main Justice is staffed with “true believers” & therefore they lack any judgement, & (2) the DC US Attorney’s Office is weak on insider trading experience; SDNY has more.

/1
No matter who investigates/charges these cases, it will be too heavy-handed because that’s how all prosecutions of public officials end up being conducted. Prosecutors always think they have a righteous cause in these cases even when they are wrong on the law. /2
I don’t know if the facts/law support convictions in these cases or not because we don’t know enough about them yet. And the answer might be different for some officials verses others. But I do know how the prosecutors who handle these cases always act - excessively.

/3
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Leslie McAdoo Gordon
@McAdooGordon
Hahahaha. No. Their order is a neon sign that Fokker controls. I have practiced in the DC federal courts for 24 years & my hubs for 45 & this is the 1st time we’ve ever seen the Circuit order a district judge to personally answer a mandamus. /1
And they gave him only until June 1, which is well before the deadlines he set in the trial court. This is fast, decisive action by the Circuit, the subtext of which is plainly that they think the case is going off the rails given their opinion in Fokker. /2
True enough the Circuit hasn’t ruled yet, but the message of this order is loud & clear as to what they think the correct answer is./3
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Leslie McAdoo Gordon
@McAdooGordon
Hey @ProfMJCleveland, I wonder what that law prof thinks now? And that MI Law one too? Shall we take a look?
Crickets from MI Law. No mention of the order at all.
Shockingly, crickets from NC Law too. No mention of the order at all. 🤔
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Leslie McAdoo Gordon
@McAdooGordon
Wow. I have never seen an appellate court direct a district court judge to file a response to a mandamus. This is extraordinary.
To be clear: the Court of Appeals is apparently in its order directing the trial judge to personally file a response. Normally that would not happen. The other party would file a response or the Court of Appeals might appoint an amicus to present counter-arguments. /2
I also know of one case where a court of appeals invited the trial judge to select a lawyer to submit a response on her behalf. But I have never seen a court of appeals direct a judge to personally respond to a mandamus. /3
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