Hot en banc action

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US President Donald J. Trump speaks during a news conference in the James S. Brady Press Briefing Room at the White House in Washington, DC, USA, 11 August 2020. The president spoke about recent coronavirus numbers, as well as negotiations with lawmakers over the next relief package and violence that several major US cities have recently seen. Photo by SIPA USA/Reuters.

On Tuesday, the DC Circuit Court of Appeals held its en banc hearing to reconsider whether Judge Emmet Sullivan should be forced to dismiss the charges against former national security adviser Michael Flynn, who already pleaded guilty and was awaiting sentencing. The hearing was long: four hours, which was a stretch even for a legal nerds, Ken White says. How did it go for Flynn?

Also from the DC Circuit in the last week: the court ruled 7-2 that the House of Representatives does have standing to sue to enforce its subpoena for former White House counsel Don McGahn to appear and testify. We’re far from that now, though, and maybe even in weirder territory as a result of the Trump administration probably pushing its argument against complying with subpoenas too far.

Attorneys for President Trump said Manhattan District Attorney’s inquiry into the president’s financial records is a fishing expedition and constitutes illegal “harassment.” Is it? They’ve asked for the DA’s office to give a justification for everything piece of information they’re seeking in a subpoena. Is a judge likely to go for this? And if a judge does go for this, would it be in the president’s interest?

Plus: a former Trump campaign employee pursues a class action suit that seeks to void all nondisclosure agreements, a judge allows E. Jean Carroll’s defamation suit against President Trump to proceed (in which she seeks his DNA), and Michael Cohen wants to accept a job with a political action committee.



Sara Fay