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Friday, March 08, 2019

Part II: The Mystery of Senator Richard Blumenthal v. President Donald J Trump


Yesterday, I explained that Judge Sullivan’s decision on the Department of Justice’s motion to dismiss the Emoluments Clause case against the President was due circa December 7, 2018. See <https://reformclub.blogspot.com/2019/03/the-mystery-of-blumenthal-v-trump.html>. Judge Sullivan’s decision is now more than 3 months overdue.

According to the Judiciary’s biannual reports*:
Judge Sullivan had zero overdue motions at the end of March 2018;** and,
Judge Sullivan had zero overdue motions at the end of September 2017 and at the end of March 2017; and,
Judge Sullivan had zero overdue motions at the end of September 2016 and at the end of March 2016; and,
Judge Sullivan had zero overdue motions at the end of September 2015 and at the end of March 2015; and, finally,
Judge Sullivan had zero overdue motions at the end of September 2014.
In short, Judge Sullivan has not had a (reported) overdue motion in any of his cases for over 3 years—yet, the President’s motion remains undecided. Does anyone know why? 

Seth

Welcome Instapundit readers!

* See CJRA 8: U.S. District CourtsMotions Pending More Than Six Months March 2018, <https://www.uscourts.gov/sites/default/files/cjra_8_0331.2018.pdf> (no motions pending more than 6 months);  September 2017 CJRA Report, <https://www.uscourts.gov/sites/default/files/cjra_8_0930.2017.pdf> (same); March 2017 CJRA Report, <https://www.uscourts.gov/sites/default/files/cjra_8_0331.2017_0.pdf> (same);  September 2016 CJRA Report, <https://www.uscourts.gov/sites/default/files/data_tables/cjra_8_0930.2016.pdf> (same); March 2016 CJRA Report, <https://www.uscourts.gov/sites/default/files/cjra.8.0331.2016.pdf> (same);  September 2015 CJRA Report, <https://www.uscourts.gov/sites/default/files/cjra_table_8.pdf> (same); March 2015 CJRA Report, <https://www.uscourts.gov/sites/default/files/cjra_table_8w_-_list_of_pending_motions_by_judge_03312015.pdf> (same);  September 2014 CJRA Report, <https://www.uscourts.gov/sites/default/files/cjra-table8-sep2014.pdf> (same). 


** The September 2018 CJRA report will be available circa May 2019. 

Seth Barrett Tillman, Part II: The Mystery of Senator Richard Blumenthal v. President Donald J Trump, New Reform Club (Mar. 8, 2019, 1:38 AM), <https://reformclub.blogspot.com/2019/03/part-ii-mystery-of-senator-richard.html>. 

For Part I, see: Seth Barrett Tillman, The Mystery of Blumenthal v. TrumpNew Reform Club (Mar. 7, 2019, 2:16 AM), <https://reformclub.blogspot.com/2019/03/the-mystery-of-blumenthal-v-trump.html>. 



6 comments:

Unknown said...

If a judge is this late with the president, when he's never late otherwise, he's acting in a manner that's fundamentally political, not judicial. I'm writing this in case the judge himself reads this. The delay appears dishonorable.

Biff said...

Amen.

Anonymous said...

The question being: Is acting political as a judge still a criticism of their professionalism, or are judges now expected to be political?

Anonymous said...

The real reason is probably because the 2nd circuit case is still on appeal in the question of standing. Judge Sullivan hell's that there was standing. He is likely waiting to see what the 2nd circuit does with that issue before going forward to the merits of the case. But parties probably agreed to this.

Anonymous said...

Because it's a hot potato?

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