Just thinking at random. Wondering if the DOJ can prepare an emergency ex parte motion to SCOTUS to declare the DC Court of Appeals and the District Court as operating unconstitutionally outside the separation of powers.
I am sure Barr will be respectful of the en banc panel of the DC Appeals Court but if they step out of bounds, an emergency appeal to SCOTUS can be made same day. The emergency appeal need not address the Flynn case but address more generally separation of powers and standing.
If SCOTUS rules in favor of the DOJ, the DC circuit and its district courts can be suspended and/or removed from the Flynn case. An added motion to transfer jurisdiction of the Flynn case to a known objective court operating lawfully can be filed and if granted, this can set precedence for other cases such as Spygate, FISAGate cases to be held in a court outside the DC Circuit.
In other words, declare the DC Courts to be rogue, establish a receivership for them, issue a consent degree and oversee their operations for however many years it takes for their corruption to be rooted out.
...DOJ can prepare an emergency ex parte motion to SCOTUS to declare the DC Court of Appeals and the District Court as operating unconstitutionally outside the separation of powers.
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Woefully lacking in legal knowledge, especially the arcana of constitutional Law.
Can you elaborate for the uneducated? I’m unaware of the basis for this sort of play.