@emptywheel @robertcaruso Will be interesting to see if DOJ accepts remand or petitions for cert on circuit split basis.
@bmaz I don't think Collyer needs convincing. She's been the most friendly toward incredible CIA claims thru all of this. @robertcaruso
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@bmaz NY is not at Circuit yet. Plus, they can just argue for No Number No List w/Collyer, who is sure to love it. Why I said Garland key. -
@emptywheel It is on its way though; maybe 2nd will follow but dunno I trust that. -
@bmaz I repeat my assertion that I think McMahon decided on 2nd Circuit MON decision. -
@emptywheel I fully understand that; you think that will stop the 2nd?? -
@bmaz I think basis for 2nd decision will not be on same issue of Glomar as DC Circuit. -
@emptywheel I think it will be close enough to argue split and necessity for review depending on timing (and assuming 2nd rules for govt).
End of conversation
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