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Trent McCotter

@TrentMcCotter

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Partner, Boyden Gray PLLC. Former Deputy Associate Attorney General. Director, Catholic University's Columbus School of Law Separation of Powers Clinic.

VA/NC/DC
Joined October 2022
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@TrentMcCotter
Trent McCotter
20 hours
Too bad Judge Neals is recused. We will never get to see what opinion ChatGPT would write for him on this issue.
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@TrentMcCotter
Trent McCotter
20 hours
Shutting down all federal criminal prosecutions in the district to try and force the President to let them pick their own prosecutor? No wonder nobody trusted them to pick in the first place.
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@TrentMcCotter
Trent McCotter
21 hours
Is Habba barred from being US Atty under section (B) below, bc her nomination was previously submitted to Senate? I'd say no. Look at verb tenses: section (A) does expressly look backwards, yet (B) doesn't. it's present tense, & her nomination is not presently before the Senate.
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@TrentMcCotter
Trent McCotter
1 day
RT @mrddmia: We're now getting to the Michael Avenatti and Julie Swetnick phase of the confirmation process for Emil Bove. Next up:. Gang….
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@TrentMcCotter
Trent McCotter
5 days
See:
@TrentMcCotter
Trent McCotter
7 days
See this thread on removing court appointed US Attys:.
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@TrentMcCotter
Trent McCotter
5 days
NYT claims, without citation, that only POTUS can remove a court-appointed US Atty. But there is a very good argument the Atty General can de facto do so too, by naming a new US Atty to serve under 28 USC 546.
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@TrentMcCotter
Trent McCotter
7 days
And also: 28 USC 541: "Each United States attorney is subject to removal by the President." That includes court-appointed US Attys.
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@TrentMcCotter
Trent McCotter
7 days
See this thread on removing court appointed US Attys:.
@TrentMcCotter
Trent McCotter
6 months
This means the AG can remove a court appointed US Attorney at any time simply by naming another US Atty. And the AG can stack 120-day appointments of different people under the same rationale, and thereby avoid a court appointment altogether.
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@TrentMcCotter
Trent McCotter
8 days
Key takeaway to me is that John Sauer and his team at the Solicitor General's office have been choosing wisely about which matters to take to scotus and which ones to let simmer in the lower courts.
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@TrentMcCotter
Trent McCotter
11 days
RT @mike_frags: “I’ve made it clear to White House counsel that nominating someone who’s not a Delawarean and didn’t take the Delaware bar—….
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@TrentMcCotter
Trent McCotter
12 days
There is particular cause for concern w/the Ninth Circuit, which often quietly lets its unique "Appellate Commissioner" rule on even contested motions. This person isn't a judge & it's like going through Matryoshka dolls to get her decisions reviewed by a real panel of judges.
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@TrentMcCotter
Trent McCotter
12 days
Appellate courts should not issue dispositive orders without stating which judges made the decision--this one denying relief to the feds on an emergency basis is signed by a clerk of court:.
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@TrentMcCotter
Trent McCotter
12 days
Before Emil Bove today, it appears April 2018 was the last time a circuit court nominee was reported unanimously out of the Senate Judiciary Committee--Michael Scudder and Amy St. Eve (7th Circ).
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@TrentMcCotter
Trent McCotter
12 days
RT @DAGToddBlanche: I wrote this because the truth still matters: The Justice Department did not defy a court order. Emil is a brilliant, p….
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@TrentMcCotter
Trent McCotter
13 days
This post aged well, unfortunately.
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@TrentMcCotter
Trent McCotter
13 days
NYT article on the New York US Attorney bizarrely claims it is "unclear how Mr. Sarcone could occupy two positions at once." Ahem:
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@TrentMcCotter
Trent McCotter
13 days
RT @mike_frags: Jenn Mascott is a tremendous choice for the Third Circuit. She’s one of the smartest and kindest people I’ve worked with an….
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@TrentMcCotter
Trent McCotter
13 days
RT @GeneHamiltonUSA: Congratulations to my good friend and former colleague, Jenn Mascott! She is a brilliant attorney, an accomplished pro….
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