About those Republican judges
By Scott Sumner
Defenders of President Trump will often acknowledge his faults, but then point to his selection of judges. I’ve never been impressed by that argument, as I prefer good judges to “conservative” judges. Most of all, I prefer judges that do not protect corrupt officials that appointed them. And Trump seems to be falling short on even that basic requirement.
After the Warren Harding scandals, Congress passed a law giving lawmakers the authority to investigate anyone’s tax return, in order to reduce corruption in the executive branch. President Trump is in clear violation of that law, refusing to turn over his tax returns to Congress. So how are Trump-appointed judges responding? Here’s the Washington Post:
Another judge on the D.C. district court, Trevor McFadden, a Trump transition volunteer and Trump DOJ official before Trump appointed him to the court, has been similarly unhurried.McFadden is young and ambitious, and he benefits from not antagonizing Trump. Delay could be the safest option — because ruling in Trump’s favor would require some dubious legal reasoning.
At this writing, Leon has yet to dismiss the now-meaningless suit. Why? My sources offer two explanations — neither benign. He may be keeping the case active so he’ll be assigned any other impeachment-related cases when filed. Or Leon, who led House GOP investigations of President Bill Clinton before George W. Bush appointed him to the court, recognizes the law does not support Trump’s monarchical view of absolute immunity from congressional inquiry — and therefore the best way to help Trump is to run out the clock on impeachment.