Comment by Avshalom
9 days ago
A distinction with out a difference because this is entirely about whether Columbia agrees to do whatever the White House says it has to do.
9 days ago
A distinction with out a difference because this is entirely about whether Columbia agrees to do whatever the White House says it has to do.
No. The consent decree will be agreed to ahead of time, and a judge will interpret and police it. It isn't an arbitrary delegation of authority to the executive branch.
We'll have to wait and see what the consent decree says to evaluate it further.
Good point, we'll just have to wait and see if the people with the proven history of bad faith and process subversion will subvert it this time, too bad there's no way to know ahead of time!
No. I know this is an emotionally satisfying thing to say, but, again, my point is that a federal judge administers the consent decree, so the White House can't simply go back and say "gotcha, we meant XYZ, not ABC" a year after agreement is struck.
The administration also doesn't generally get to pick the judge. Given where Columbia is, it would presumably be a random SDNY judge.