Follow along with the video below to see how to install our site as a web app on your home screen.
Note: This feature may not be available in some browsers.
If I had to hazard a guess, it would be that Smith doesn't want to muddy the appeal of his authority with a reassignment argument.Interestingly, the brief doesn't ask for the case to be reassigned. I don't know if that's a motion that would get filed after the decision is reversed; if the prosecutors are relying on the judges to raise it sua sponte (which is possible but a risky strategy), or if Jack Smith is planning on filing in a different court. I've seen speculation that he might refile the case in DC -- but I think he would have to get this dismissal appealed away first. Otherwise there could be double jeopardy problems, at least in SCOTUS' view.
I suspect Justice will handle it by separate motion. That seems to be its M.O., and there are good reasons not to convolute the opening brief with a discussion of all the reasons to reassign.Interestingly, the brief doesn't ask for the case to be reassigned. I don't know if that's a motion that would get filed after the decision is reversed; if the prosecutors are relying on the judges to raise it sua sponte (which is possible but a risky strategy), or if Jack Smith is planning on filing in a different court. I've seen speculation that he might refile the case in DC -- but I think he would have to get this dismissal appealed away first. Otherwise there could be double jeopardy problems, at least in SCOTUS' view.
Can you motion the appeals court directly? This is serious rules shit I don't know, but I fear they would have to get a reversal, then ask for a recusal, and then take that to the appeals court. And while the time urgency for the election is passed, it would be nice to get to trial in 2025I suspect Justice will handle it by separate motion. That seems to be its M.O., and there are good reasons not to convolute the opening brief with a discussion of all the reasons to reassign.
Here is an example, albeit in the DC CircuitCan you motion the appeals court directly? This is serious rules shit I don't know, but I fear they would have to get a reversal, then ask for a recusal, and then take that to the appeals court. And while the time urgency for the election is passed, it would be nice to get to trial in 2025
I’m adding the copyright symbol to my usernameI blame Farce, because that is exactly what all of this is.