Advisory Opinions Jack Smith Scolds Judge
Apr 9, 2024
Special Counsel Jack Smith challenges Judge Aileen Cannon in Trump's case. Sarah's defamation law musical, Sotomayor's retirement, and Trump's defense counsel. Answering high school students' questions on work-life balance. Discussing Presidential Records Act and New York Times v. Sullivan case.
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Judge Lambastes DOJ On Subpoenas
- Judge Colleen Kollar-Kotelly (actually Judge Anna Reyes referenced) sharply rebuked DOJ for telling staff to ignore House subpoenas, calling the stance hypocritical.
- The judge compared DOJ's refusal to comply with past prosecutions for subpoena noncompliance, and urged the parties to negotiate an accommodation.
Subpoena Battles Mirror Political Retaliation
- Escalating subpoena fights reflect reciprocal 'lawfare' dynamics between branches, with each side mirroring the other's tactics when out of power.
- The accommodation process exists to negotiate these disputes but polarization has strained its effectiveness.
The Pen Fight Over CFPB Case
- A Fifth Circuit panel wrestled over whether Judge Pittman could transfer a CFPB case after an appeal, producing a quirky 'who has the pen' dispute about jurisdiction.
- The split opinion highlighted forum-shopping concerns and procedural confusion over transferred dockets.