Judge Sullivan’s attorney, Beth Wilkinson, has argued that she has the authority to find out whether the proposed dismissal served “reasonable and legitimate prosecution interests” or that it was contrary to the public interest, suggesting that she had “facts. And the circumstances need to be investigated. ” The Trump administration has reacted with alarm to the notion of a deeper factual investigation that needed to show what happened in Mr. Barr’s move to dismiss the charge beyond the justification cited in the public filings.
On Tuesday, Acting Attorney General Jeff Wall ordered the court to immediately dismiss the case. But if the court instead allows the judge to proceed, Mr. Wall said, he should instruct what is behind the statements made in the court filings of the Department of Justice, as he argues the constitutional system of separation of powers . “This chief executive discretion is to guard against surveillance and investigation.”
But also arguing that the Justice Department is not required to clarify its thinking, Mr. Wall suggested that Mr. Barr may have a secret reason to dismiss the case.
“The Attorney General, of course, sees this in the context of non-republican information from other investigations,” he said, “It may be possible that the Attorney General had the information he had in sharing with the court Were not competent. And so the reasons we put before the court were the reasons, but the full picture may not be available for the executive branch. “
On behalf of Judge Sullivan, Ms. Wilkinson argued against giving any kind of restriction or instruction on the hearing as to what kind of questions he could ask, assuming he was allowed to keep one. Among other things, she said that because the written details are not complete, it is not clear what all the issues are.
But he also repeatedly stressed that till date he has not taken any step that requires declaration of documents or affidavits of the Department of Internal Justice. And he said that if he asked about internal deliberations at the hearing and the lawyers of the Department of Justice refused to answer, he could choose not to pursue the case.
Ms. Wilkinson also argued that orders like Ms. Powell considered a so-called writ of mandamus – exceptional circumstances in which there is no other remedy. Here, if the normal process ends, Judge Sullivan can decide to dismiss the case, he said – or, if he decides not to do so, that decision can be appealed.