Harry Litman - It's the Fraud, Stupid

[Yo_Mama_Been_Loggin]

Trump and DOJ are out of moves before Judge Williams.

In Part I, I explained why Blanche’s telling a House Committee “we’re not moving forward with the fund” doesn’t moot the legal challenges. The government seems to believe that Blanche’s statement ends the matter. But, among other problems, the Anti-Weaponization Fund is the consideration Trump received in exchange for dropping his lawsuit. It is Trump’s to enforce. The government cannot provide something for value and then unilaterally take it back.

Unless, of course, the entire thing was a contrived, collusive, unconstitutional arrangement from the start—which brings us to Judge Kathleen Williams.

Trump originally brought his suit against the IRS in the Southern District of Florida, where it was assigned to Judge Williams. The suit was a loser from the jump. The IRS had prevailed in comparable circumstances, and its lawyers wrote a long memo urging the DOJ to move to dismiss Trump’s lawsuit.

But there was a more fundamental problem, one that undermined the legitimacy of the lawsuit in the first place. Trump controlled both sides of this litigation. The case caption may have been Trump v. IRS, but in reality, the parties were both controlled by the president: Trump had “jumped the v.” Cases in which one party controls both sides are not “cases or controversies” under the Constitution and federal courts may not hear them.

https://harrylitman.substack.com/p/its-the-fraud-stupid