HisArpy
Loose canon extraordinair
- Joined
- Jul 30, 2016
- Posts
- 44,213
He signed an illegal subpoena as a FISA judge, as well as those presently in question by legal minds in the Senate, as a District Court Judge.
Can a judge do that? Yes. Can a judge place a gag order on the parties? Yes.
The key here is not only why Boasberg did it, but whether a judge can ignore/violate the law when he does it.
Boasberg is going to argue intent matters and he didn't intend to violate anyone's rights or ignore the law. As to the first; if you violate someone's rights, you violated their rights and your intentions are irrelevant. If yo used your governmental powers in the course of those violations, your immunity will not protect you.
As to the second, here's where things get sticky. Judges often make mistakes in their decisions and either get the law wrong or apply it wrong or aren't aware of it. Those aren't criminal acts.
So, the case isn't all that strong but it does have some meat in it. How much depends on the DOJ, the district where the case is to be tried, and the jury pool as well as witnesses.
I'm not sure he'll beat the rap but it'll be close.