05-05-2018, 09:02 PM
https://slate.com/news-and-politics/2018...afort.html
As to the last underlined quote - duh, Trump jumped on it immediately. This is bigley news in the Trump-o-sphere, I'm sure.
The most likely explanation for Ellis’ conduct, then, is that he is applying “stare Scalia.” The late Supreme Court Justice Antonin Scalia famously believed that a president had “complete control over investigation and prosecution of violations of the law,” leading him to condemn special investigations that excluded the chief executive. Yet Scalia expressed this view in dissent, and it is still not the law today. Further, the law governing the special counsel does not place it outside the command of the Justice Department, which is an executive branch agency ultimately controlled by the president—so any concerns about the special counsel’s excessive independence are unfounded. Ellis’ dismay at the Manafort prosecution seems to arise more from a theoretical, Scalia-esque objection to the special counsel’s wide-ranging investigation than a genuine qualm about its legality. Should he dismiss all or some of the charges, Mueller’s team will directly appeal his ruling to the 4th U.S. Circuit Court of Appeals, where they will very likely win. But Ellis’ decision could still do political damage, giving Trump a talking point in his ongoing rants against the special counsel’s “witch hunt.”
As to the last underlined quote - duh, Trump jumped on it immediately. This is bigley news in the Trump-o-sphere, I'm sure.