This is Trump immunity on steroids: you can't prosecute a sitting official because it would interfere with them doing their jobs and if people knew their officials are crooks that would impact an election. The motion should say the AG determined that bribery just isn't a thing to prosecute anymore.
Because he was going to fire the entire section if someone didn’t agree under pressure to file the dismissal. Looks like Bove might have filed it himself. Burn!
Why do attorneys Bacon and Sullivan need to be involved at all if Bove entered an appearance for DOJ on ECF, signed the motion, and apparently made the determinations and assessments (or lack thereof) that form the basis for the motion? It’s not clear why they need to take the fall for Bove (cont.)
Cont.) when the motion makes clear that Bove, personally, is directing the case. I recognize that Acting Deputy AGs don’t ordinarily argue cases before district judges, like line AUSAs, but it’s not at all clear how attorneys Bacon and Sullivan can zealously represent DOJ’s position here. 2/
ETA - why is Bove directing the court to enter an order nolle prosequi (dismissal)? Fed. R. Crim. P. 48(a) says that the USAO can dismiss a criminal matter “with leave of court,” but only the district judge, not Bove, has the power to grant “leave” (permission) for the Gov’t to dismiss the case.
Really. I recognize that district judges rarely refuse to dismiss a case under Rule 48(a), but that discretionary judicial authority still exists. In her letter, Ms. Sassoon cited a number of cases, in which district judges refused dismissal requests under Rule 48(a) over prosecutors’ objections.
By agreeing to have their names on the motion, Bacon & Sullivan are as unethical as Bove. Gutless fools who will soon be getting promotions. I've seen this type of soul-selling to advance career too many times. Sickening.
Neither. He could have. Pam Bondi sent a memo recently saying hire ups shouldn't needlessly do that when rank and file can. But also it was about demonstrating his power. Which he really failed pretty badly at
It means the motion the others refused to submit and, instead, resigned, has now been filed. The judge will now sign off which is, I am near certain, merely a formality.
I heard that one lawyer stepped up to spare the others from being fired, but I can’t find it. But as OP points out, the motion is drafted to make clear that this is Bove’s decision.
What an issue to destroy a life's reputation on. He didn't lose enough before? Raw ambition is a rough master. Danielle Sasson will always be remembered as being the one with courage and smarts.
I may be incorrect that the judge will just automatically grant the dismissal. Judge may have something to say under the voluntary dismissal rule. We shall see.
Ed Sullivan used to have a good show. Bove is 44 & looks 70, no surprise how that happened. Don’t care about Bacon, & have never said that before. I welcome thoughts on my legal analysis here.
The /s/ constitutes an electronic signature of the attorney’s name in the signature block. Usually, the /s/ is followed by the printed name on the same line to the right of it, often in italics.
It simply combines the motion and order together, and now they wait for the judge to sign. So it is a motion and a “proposed order” but, as I understand, with little doubt the judge’s signature is anything other than a formality.
It’s not merely a formality but typically granted. However, this is not typical and there is an analysis under the rule the judge will have to make. We shall see.
Well they made Bove sign it, which is good, but Bacon and Sullivan are still the Robert Bork's of their generation and no one should describe them as "heroes." The real heroes are the DOJ lawyers who resigned.
The trulyt tragic part is that they betrayed their oaths to keep their jobs as though this is the last time they will be called upon to do something illegal.
Comments
“The Acting Deputy Attorney General has determined…and has directed…”
“The Acting Deputy Attorney General has also concluded…”
The motion is only signed by Bove. "S/" isn't a signature.
Can't the court say, you either dismiss this or not.
No, keeping him on your yarn.