would have gotten away with a tent coup. as of now, this ruling stands. what comes next, nobody knows. i am joined now by someone who may have an educated guess, andrew weissmann, spent years working with the department of justice, who spent years working with the lead prosecutor in robert mueller s special counsel investigation. he wrote a piece in the atlantic about the special master case titled, a ruling untethered to the law. he joins me now. tell me how you really feel. i guess, let s start at this. i try to tech check my own bias here. obviously, i have them, i have my own principles and politics. i read the ruling, and, again, i am not a lawyer. give me your distillation for non lewis and what makes this such a strange ruling. i think there are two things. one is that as you mentioned at the very outset, when january six happened, we all saw in the district courts that the courts
it i to be appointed to see what the executive branch needs to hide from itself. with one part of the executive branch being donald j trump, who is not part of the branch put in fact. it s exactly as ridiculous as it sounds, yeah it is currently the law of the land, at least until the department of justice appeals, and the court weighs in. it s crucial to keep in mind that the law is not just some objective thing free for political reality. the law in a functional sense, at the level of human behavior institutions, a law is whatever a judge decides it is, no matter how ridiculous, until they are overruled. and then in the united states, it is ultimately whatever five supreme court justices say it is. if there were five ginni thomas s or aileen canyons on the supreme court, it s entirely possible that trump would have gotten away with attempted coup. as of now, this ruling stands. what comes next, nobody knows. i am joined now by someone who may have an educated guess,
the judge s ruling stands. the mask mandate is struck down. that will be the case unless and until the biden administration seeks what we call a stay which is essentially hitting pause on the order. but as of this moment, the biden administration has not done that. and if they don t do that, then this ruling will prevail. separately, bigger picture, the biden administration needs to decide if they re going to appeal this ruling. usually, you would pappeal in a situation like that because you lost wlachlt do you have to lose more? however, there is a chance they may not here. if they do appeal it, it goes to the 11 rnlg circuit court after pales which is the more conservative courts of appeals in the country. and this ruling, this mask mandate was only supposed to be in infe in effect until may 3rd. let s see if they file notice of appeal. the shortest the extensions coming from the cdc. so the judge in this decision spent a lot of time on the definition of sanitation and the statute
he or she doesn t retain any residual power, we re not a monarchy. if trump were permitted to gainsay that, there would be an incredible erosion of the power of the presidency. that s the opportunity that the congress has offered to the supreme court, for them to go ahead and act quickly. let s play devil s advocate, joyce. what argument could the supreme court use to grant donald trump s request not to release those records? i think it s less likely that they would outright grant that request and block release than that they might decide that they would hear the case. you know, the real options here are procedural. either saying, no, this case is done, the lower courts ruling
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