Trump’s DC Circuit appointee Greg Katsas delivers for Team Trump. But I think en banc should overturn the decision. I expect it would be granted. @maddow @lawrence

Today the DC Court of Appeals handed down a decision in a case that addressed the power of the district court to consider factors beyond the limited factors in Fed. R. Crim. P. 6 (e) that covers grand jury secrecy to make grand jury material public.  Trump appointee Greg Katsas, hailing from Don McGahn’s old firm, Jones Day, was a deciding vote in the 2-1 decision.  Here is a copy of the DC Circuit 6(e) Opinion

If you fail before a three judge panel in a federal appeal you can apply to have an en banc rehearing before a larger en banc panel.  It’s rarely granted but because of the topical importance I’d bet that somebody is already drafting the en banc request. 

But don’t be concerned, Trump playing footsie with the Russians gives the district court the power to allow Adam Schiff, pursuant to Rule 6(e)(3)(D), access to  all the counter intelligence materials for certain and likely everything in the record, because it’s all related to the Russian counter intelligence investigation.

 

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