Monday, August 17, 2020

Mandamus For Thee But Not For Me

I'll admit I know nothing about the case. Still ...

John Solomon reports:

Clinton gets another pass: Appeals court spares her from deposition in email scandal 
Appeals court issues writ of mandamus overturning federal judge's order that Clinton submit to deposition in FOIA case.

A three-judge panel of the D.C. Circuit Court of Appeals granted a writ of mandamus requested by Clinton's lawyers overturning a judge's order that she submit to a sworn deposition in a Freedom of Information Act case brought by the conservative watchdog group Judicial Watch.

I haven't read the opinion--life is too short for that--but it was written by Robert Wilkins, of Flynn case fame.


  1. I read the opinion. It's junk. It basically says "time to move on". Nothing here to see... we've been through this already and have reviewed thousands of documents. Go find something else to do.

  2. Wonder where idiot Wilkins learned about the Writ of Mandamus? I thought he was against them?

    Rob S

  3. Wilkins is a hardcore biased racist who fell into a judgeship via others like him starting with Eleanor Holmes Norton, Barack Obama, Harry Reid - from his Wiki page::

    On June 4, 2013, President Obama nominated Wilkins to serve as a United States Circuit Judge on the United States Court of Appeals for the District of Columbia Circuit, to the seat vacated by Judge David B. Sentelle, who took senior status on February 12, 2013.[16] On October 31, 2013, the United States Senate Committee on the Judiciary voted to report Wilkins' nomination to the floor of the United States Senate in a 10-8, party-line vote.[17] On November 14, 2013, Senate Majority Leader Harry Reid motioned to invoke cloture on Wilkins' nomination, seeking to end a filibuster of his nomination by Senate Republicans. The Senate failed to invoke cloture on November 18, 2013 by a vote of 53-38, with 1 senator voting "present".[18] Reid planned to hold a vote on Wilkins' nomination before the Senate adjourned for the year on December 20, but the vote did not take place. Cloture was subsequently invoked on January 9, 2014 by a vote of 55-38, with 1 senator voting "present".

    1. There's nothing in his background that suggests he's remotely qualified to be an Appellate judge--only to be an Obama judge.

  4. I wonder in how this plays into the full court’s decision on Flynn’s Writ of Mandamus?

  5. Flynn Mandamus denied per curiam.

    Don't know what is in the order yet.

    1. >> Will Chamberlain

      Having read through the opinion, the majority is remarkably flippant about the separation of powers concerns that DOJ articulated, and the bias of Judge Sullivan more broadly

      I could see this going up to the Supreme Court as a result of the separation of powers concerns <<

  6. >> <<

    Pdf of the Appeals Court ruling.

    2 Judges dissented (Henderson, and Rao.)