@JoyceWhiteVance--- "Mandamus is an extraordinary remedy, which should only be used in exceptional

[riversedge]

Probably would be a very high bar to use this.



Joyce Alene @JoyceWhiteVance
DOJ's manual: "Mandamus is an extraordinary remedy, which should only be used in exceptional circumstances of peculiar emergency or public importance...The power...is limited to the enforcement of nondiscretionary, plainly defined, and purely ministerial duties." This looks rightJoyce Alene
@JoyceWhiteVance
DOJ's manual: "Mandamus is an extraordinary remedy, which should only be used in exceptional circumstances of peculiar emergency or public importance...The power...is limited to the enforcement of nondiscretionary, plainly defined, and purely ministerial duties." This looks right

Link to tweet

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[Dennis Donovan]

1. Had to look up mandamus:

man·da·mus
/manˈdāməs/

noun LAW

a judicial writ issued as a command to an inferior court or ordering a person to perform a public or statutory duty

[PhoenixDem]

2. The congressional oversight clause

will make the mandamus probably successful

[eppur_se_muova]

3. I was just wondering about Mandamus last night -- wondering when it would be brought up.

The benefit of hanging out on DU is that you learn about things like Mandamus you'd otherwise never hear about.

[BlancheSplanchnik]

4. I sure learn a lot on DU.

Yes, seems like it’s time for a mandamus.

[NewJeffCT]

7. Vance is very smart

and, Tribe is a legendary constitutional scholar. I think I would trust their judgement

[BlancheSplanchnik]

11. Yep! :)

[AllaN01Bear]

12. me too!

[bucolic_frolic]

5. TRump will just declare it null and void

"It doesn't apply to me! I have discretion! He's not a minister, he's a Witch Hunt Whistleblower!"

[leftieNanner]

8. Or he will take it

To HIS Supreme Court.

[Pepsidog]

6. I don't get it. As an attorney, on occasion I file an Order to Show Cause which is basically an

emergency application to the Court that is scheduled almost immediately. For example, a parent threatens to take a child out of the country for good or a spouse threatens to empty joint bank accounts. I can file an Order to Show Cause and get an injunction in a day followed up by a full hearing shortly thereafter. It’s probably what Trump’s NY lawyers did the other day to prevent his accountants from turning over his State tax returns. Why can’t congress to the same? An emergent order to compelling the DNI to turn over the whistleblower report. There has to be unique issues involved to get an emergency order but I would think National security is a sufficient basis. DC Federal District Court must have a similar process to expedite the process and /or enforce a contempt citation.

[iluvtennis]

9. Thanks attorney Pepsidog. nt

[Pepsidog]

15. Most welcome.

[triron]

23. Yes. 2nd that.

[StarfishSaver]

10. You make a good point

Do you think it's possible they've already filed or will soon file something under seal?

[Pepsidog]

14. Maybe. Each state has their own rules regarding civil procedure.

[StarfishSaver]

16. This would be in Federal court so the federal rules of CP would apply

But I wasn't asking about the rules. I'm just wondering if they might have already filed something but filed it under seal or are planning to do that soon, in which case, we wouldn't know about it right away.

[Pepsidog]

18. You are correct, it is Federal. If it was files under seal it would still show up in the Pacer

Docket so I suspect nothing has been filed.

[StarfishSaver]

20. It would show up in Pacer?

If it's filed under seal, wouldn't it remain completely out of public view and not even appear in the docket?

[Pepsidog]

21. I have never filed anything under seal so I might be wrong, but I suspect there would be numbered

docket entry and that’s all. I could be wrong though.

[StarfishSaver]

22. I just asked a judge - he said you're right

It would show up only as a docket number, with no parties or other information

[H2O Man]

13. Recommended.

She is a brilliant lady. When she talks, I listen.

[MineralMan]

17. If Congress uses that, it needs to be ready for a full-on Constitutional

fight in the SCOTUS. If Trump defies such a writ, then we are in an incontrovertible crisis and the question will have to be settled and only the SCOTUS would have jurisdiction.

That's why it's not used indiscriminately. It sets up a crisis if the writ is not followed. When the President and Congress are involved in such a crisis, The SCOTUS is the court with original jurisdiction.

Caution is always in order, because a negative decision could set a precedent for tyranny.

[milestogo]

19. Mandamus sounds like the sexual position used by Pence and Mother.