@jgeltzer @neal_katyal 55/ Truly amazing. Did Wall actually say that even if the judge in open court saw the defendant's counsel had the prosecutor piles of cash, the judge could not use their authority under 48(a) to look into the motivation for the motion to dismiss.
@jgeltzer @neal_katyal 56/ Beth Wilkinson, attorney for Judge Sullivan is up now.
@jgeltzer @neal_katyal 57/ This court has never granted mandamus before giving the district court an opportunity to rule.
@jgeltzer @neal_katyal 58/ The chief judge asked Wilkinson whether there's anything a district court judge could do that would warrant mandamus?
She said, if the court required the attorney general to appear.
She said, if the court required the attorney general to appear.
@jgeltzer @neal_katyal 59/ But outside of asking for the appearance of a specific public official, does government always have a remedy by declining to answer questions from the judge at the hearing and can then appeal an adverse ruling.
@jgeltzer @neal_katyal 60/ She distinguishes the Cheney case where there was an order for broad discovery, and here the gov't has answered many questions, has not asserted executive privilege.
