brucejoel99.bsky.social
@brucejoel99.bsky.social
W/ respect Prof. Vladeck, Young v. US ex rel. Vuitton's plain lang didn't limit court-appt'd special private-atty prosecutors to Rule 42 (just upheld them there) nor reach the Cowan arg that 48a sub silentio vested in ArtIII's judiciary an ArtII inferior-appt power for 48a-denied special prosecutors
February 21, 2025 at 9:01 PM
W/ respect Prof. Vladeck, Young v. US ex rel. Vuitton's plain lang didn't limit court-appt'd special private-atty prosecutors to Rule 42 (just upheld them there) nor reach the Cowan arg that 48a sub silentio vested in ArtIII's judiciary an ArtII inferior-appt power for 48a-denied special prosecutors
US v. Cowan: dismissal-denying NDTX judge appointed one, CA5 vacated as moot only b/c judge abused public-interest discretion by misinterpreting lawful plea deal as bad-faith; Rinaldi n15 kept bad-faith public-interest discretion, SCOTUS may treat Adams like Donziger if Clement argues for Ho's power
February 21, 2025 at 8:19 PM
US v. Cowan: dismissal-denying NDTX judge appointed one, CA5 vacated as moot only b/c judge abused public-interest discretion by misinterpreting lawful plea deal as bad-faith; Rinaldi n15 kept bad-faith public-interest discretion, SCOTUS may treat Adams like Donziger if Clement argues for Ho's power