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NEW Appeals court orders Flynn judge to defend actions, as legal scholars weigh the case’s implications for judicial independence and the Constitution’s separation of powers design. w/ @amarimow washingtonpost.com/local/legal-is…
“This case does not involve a decision by the Executive Branch simply to ‘drop’ a prosecution,” but a “virtually unprecedented decision” to dismiss a case after it has been won, Laurence Tribe @tribelaw writes with @gtconway3d Columbia U Pres @LEE_BOLLINGER and others.
“The separation of powers protects this Court’s authority to complete the resolution of this case, free from the interference of the Executive Branch,” especially after a case has been fully prosecuted, a guilty plea entered and a sentence recommended.
Tribe co-signers include former FEC chair @thetrevorpotter, George W. Bush chief W.H. ethics lawyer Richard Painter @RWPUSA, and former Harvard, Yale and U Chicago law schol deans Martha Minnow, Robert C. Post, @haroldhongjukoh and @stone_geoffrey
UPDATED Appeals court orders Flynn judge to defend actions, as former Watergate prosecutors, bipartisan constitutional experts weigh in on the case’s implications for judicial independence and the Constitution’s separation of powers design. Briefs linked. wapo.st/36jfxCQ
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