BRIAN: MAJOR MILESTONE IT
HAPPENED YESTERDAY, THE SENATE
CONFIRMING ITS 200TH JUDGE UNDER
THE TRUMP ADMINISTRATION.
JUDGE COREY WILSON WILL FEEL THE
LAST VACANCY ON THE U.S. FIFTH
CIRCUIT OF APPEALS MARKING THE
FIRST TIME IN 40 YEARS BE
WITHOUT AN OPEN SEAT.
WHAT IMPACT WILL THE PRESIDENT’S
APPOINTEES HAVE ON THE JUDICIARY
AS A A WHOLE AND DOWN THE LINE.
JUDICIAL CRISIS NETWORK AND
FORMER CLERK TO SUPREME COURT
JUSTICE CLARENCE THOMAS CARRIE
SEVERINO.
CARRIE, WHY WERE THERE SO MANY
VACANCIES AND HOW UNIQUE IS IT
THAT THE PRESIDENT FILLED THEM
ALL?
>> WELL, THE PRESIDENT DID COME
IN TO OFFICE WITH MORE VACANCIES
THAN FOUR OF HIS FIVE
PREDECESSORS.
THAT WAS PRETTY IMPRESSIVE.
A LOT OF PEOPLE THOUGHT OBAMA,
ESPECIALLY EARLY ON HAD HIS
PRESIDENCY WASN’T MOVING ON THE
JUDGES AS FAST AS HE SHOULD HAVE
BEEN AND HE LEFT A LOT OF
VACANCIES FOR TRUMP.
THIS HAS BEEN ONE OF THE
CROWNING ACHIEVEMENTS OF THIS
PRESIDENCY.
FILLING THOSE VACANCIES AND
ESPECIALLY THE APPELLATE COURT.
BECAUSE THAT IS WHERE 99% OF
CASES END.
THEY DON’T GET TO THE SUPREME
COURT.
REALLY DECISIONS BEING MADE HE
HAS MADE IT HIS HALL MARK HAVE
PEOPLE WHO ARE BRILLIANT.
HAVE GREAT EXPERIENCE AND ALSO
PEOPLE COURAGEOUS AND PRINCIPLED
WHO KNOW HOW TO STAND UP FOR
WHAT THEY KNOW IS THE CORRECT
LEGAL RESULT EVEN WHEN IT’S
GOING TO GET POLITICAL PUSH BACK
AND THOSE NOW ARE THE MEN AND
WOMEN WHO ARE GOING TO BE POP
PLATING MUCH OF HIS SUPREME
COURT SHORT LIST THE NEW ONE
THAT HE IS GOING TO ANNOUNCE IN
SEPTEMBER.
IT’S INCREDIBLE BENCH TO BE
CHOOSING FROM.
>>
BRIAN: IF HE GETS ANOTHER FOUR
YEARS HE HAVE SUPREME COURT
COURTS TO FILL LOGIC WOULD SAY.
COMPARE TO OTHER PRESIDENTS.
PRESIDENT TRUMP WITH 200 AS WE
MENTIONED.
PRESIDENT OBAMA 144.
PRESIDENT BUSH 43, 195.
BILL CLINTON 198.
LET’S MOVE AND TALK ABOUT A BIG
DECISION THAT CAME DOWN
YESTERDAY.
AN APPEALS COURT VOTED BY A 2 TO
1 MARGIN FOR THE JUDGE TO DELAY
ALL FOR MICHAEL FLYNN TO HAVE
HIS DOJ VERDICT FULFILLED AND
HAVE HIM FREE OF CHARGES.
WHERE DOES THIS STAND?
>> OPINION WAS BY GNOME ROWELL
ONE OF THOSE 200 JUDGES.
ONE OF THE APPOINT YEARS TRUMP
HAD TO THE D.C. CIRCUIT.
THIS MEANS THE DECISION IS GOING
TO BE VACATED BECAUSE THE DOJ
JUST SIMPLY DROPPED THOSE
CHARGES.
WHAT JUDGE ROWELL SAID IS THERE
IS NO LEGAL REASON.
THERE IS NO CONSTITUTIONAL
REASON TO BE ABLE TO CONTINUE
THIS CASE AS JUDGE SULLIVAN WAS
TRYING TO DO BRINGING IN ANY
IDEAS, PLEASE, GIVE ME AN IDEA
WHY CONTINUE THIS CASE.
NO, DOJ HAS DROPPED IT.
FLYNN NEEDS TO BE GIVEN HIS
JUSTICE NOW THE DOJ HAS
RECOGNIZED THE POLITICIZATION OF
THAT PROSECUTION HAS TO STOP AND
GOOD FOR JUDGE ROWELL IN MAKING
THAT DECISION, AGAIN, THIS IS
WHY THOSE JUDICIAL APPOINTMENTS
ARE SO IMPORTANT.
BRIAN: CARRIE WE HAVE BEEN
SURPRISED BEFORE WITH EMMET
SULLIVAN EVERY STEP OF THE WAY
INCLUDING HIS BERATING MICHAEL
FLYNN LAST TIME HE WAS IN FRONT
OF HIM.
WHAT MOVES DOES HE HAVE LEFT?
>> SOME WILL PETITION THIS TO EN
BANC IN THE D.C. CIRCUIT.
THE NUMBERS ON THAT CIRCUIT ARE
NOT GOOD FOR THE ORIGINALIST
TEXT ACTUALIST.
THAT WAS A CIRCUIT OBAMA WAS
ABLE TO PACK WHEN HE WAS
PRESIDENT.
A LOT OF THOSE ARE OBAMA
NOMINEES INCLUDING THE ONE
DISSENTING JUDGE IN THIS
OPINION.
IT MAY BE THAT IT’S GOING TO GO
BACK TO THE EN BANC COURT.
BUT I WOULD HOPE THAT YOU WOULD
SEE SOME OF THOSE JUDGES
RECOGNIZE THIS POLITIC SATION OF
THIS PROSECUTION IS REALLY OUT
OF PLACE.
FAILING THAT THE SUPREME COURT.
BRIAN: THE SUPREME COURT.
THEY COULD ASK FOR A VOTE FROM
THE ENTIRE APPEALS COURT AND
THEN IT WOULD GO TO ANOTHER
COURT.
>> UNFORTUNATELY DRAGGING THIS
PROSECUTION ON SO LONG FOR IS
SOMETHING WE NOW KNOW WAS
POLITICALLY MOTIVATED IN THE
FIRST PLACE.
>> MAYBE FOR A CHANGE JUDGE