"After loaner AUSA Tyler Lemons made a transparent bid at the arraignment to slow Eastern District of Virginia's rocket docket with both discovery and the invocation of the CIPA ( Classified Information Procedurs Act) process, Judge Michael Nachmanoff, Meanwhile, Comey noticed his intent to challenge Lindsey Halligan's appointment as US Attorney, so Judge Nachmanoff can refer the question to Fourth Circuit Chief Judge Albert Diaz, who will pick a District Judge from another District to preside over the challenge."
"There's no sign, yet, that Halligan's loaner AUSAs failed to meet Monday's deadline, though they did file something under seal on Tuesday. If I had to guess, that might be the first bid to hide Trump's role in the selective prosecution under claims of Executive Privilege, though I also imagine prosecutors may try to explicitly prevent the involvement of Maurene Comey (who is suing on closely related issues) or Troy Edwards (who presumably knows details of the turmoil at EDVA) on Comey's defense team."
"Right wing propagandists are hinting that it might be a bid to claim Pat Fitzgerald has a conflict stemming from his past representation of Comey; but the CIPA filings, filed by prosecutors on February 13, are predicated on the assumption "that attorney Patrick Fitzgerald receives his security clearance, or interim clearance, within a reasonable time," suggesting prosecutors have no complaint about Fitz' involvement."
Court filings since Jim Comey's arraignment have generated several risks for prosecutors. Loaner AUSA Tyler Lemons sought to slow the Eastern District of Virginia's accelerated docket by seeking discovery and invoking the CIPA process, prompting intervention from Judge Michael Nachmanoff. Comey signaled intent to challenge Lindsey Halligan's appointment as US Attorney, which could trigger referral to Fourth Circuit Chief Judge Albert Diaz to assign a judge from another district. Comey plans to submit Selective and Vindictive prosecution claims. Prosecutors filed sealed material and a CIPA filing noting an expectation that Patrick Fitzgerald will obtain security or interim clearance.
Read at emptywheel
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