Judge Sullivan’s lawyer, Beth Wilkinson, argued that he had the authority to investigate whether the proposed dismissal served “due and legitimate legal interests” or was instead contrary to the public interest, suggesting that he “had the facts and circumstances. “had to investigate. The Trump administration has reacted with alarming alarm to the idea of an intrusive factual inquiry requiring it to show what went into Mr Barr’s move to decipher the charge beyond the reasoning it has given. in public applications.
On Tuesday, Acting Attorney General Jeff Wall threatened to ask the court to dismiss the case. But even if the court lets the judge go instead, Mr. “Intended to protect against oversight and control of this core executive discretion.”
But while also arguing that the Department of Justice should not explain his thoughts, Mr. Wall suggested that Mr. Barr may have had a secret reason for dismissing the case.
“The Attorney General obviously sees this in a context of non-public information from other investigations,” he said, adding: “It is possible that the Attorney General had information for him that he could not with the court. “And what we presented to the court was the reasons we could, but it may not be the whole picture available to the executive department.”
On behalf of Judge Sullivan, Ms. Wilkinson opposed imposing restrictions or instructions on what kinds of questions he could ask at the hearing, assuming he allowed one to be held. Among other things, they noted that because the written briefs are not complete, it is not clear what all the problems are.
But they also repeatedly insist that so far he has not ordered any steps that would require the submission of justices of justice or affidavits. And she noted that if he asked about internal agreements at the hearing and lawyers from the Justice Department refused to answer, he might choose not to pursue the case.
Ms. Wilkinson also claimed that assignments such as the one Ms. Powell has asked – a so-called mandamus – are intended for extraordinary situations in which there is no other remedy. Here, if the normal process takes place, Judge Sullivan can decide to dismiss the case, she noted – or, if he decides not to do so, that ruling could then be appealed.
