@emptywheel I don't know of an example but, in theory, see no reason why a court couldn't use it's AWA authority to compel order on exec.
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@Susan_Hennessey Does the court get to decide or does one of the parties have to ask for it? I really want@ACLU to try.@JameelJaffer -
@emptywheel@ACLU@JameelJaffer My understanding from DOJ is typically a party (government) requests, but court could also issue sua sponte. -
@emptywheel@ACLU@JameelJaffer Not sure I see a fact pattern where it'd be useful to the court, but agree it'd be a fun experiment. -
@Susan_Hennessey I could imagine Vaughn Walker having AWAed documents for al Haramain when DOJ was balking.@ACLU@JameelJaffer
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@emptywheel Theoretically yes I suppose, though don't recall ever seeing it. -
@bmaz I would think DOJ wouldn't be dismissing import of political branches if it ever had been.
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@emptywheel Aren't you just asking whether a federal court has issued a common law or prerogative writ against the government? Many times. -
@MJSteilen No. I'm interested in AWA particularly bc of way DOJ minimizing import of what political branch (Congress) has done on this topic
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@emptywheel Actually a great question. What say you@sbagen and@steve_vladeckThanks. Twitter will use this to make your timeline better. UndoUndo
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@emptywheel Um, Marbury v. Madison?Thanks. Twitter will use this to make your timeline better. UndoUndo
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