I'm guessing they won't.The decision released Friday by a unanimous three-judge D.C. Circuit panel found, in essence, that the Justice Department botched its handling of the Freedom of Information Act suit from the liberal watchdog group that sought the memo.
[...]
[Judge] Srinivasan said the memo, co-authored by Assistant Attorney General for Legal Counsel Steven Engel and Principal Associate Deputy Attorney General Edward O’Callaghan, seemed more like a “thought experiment” because Barr decided before the memo was written that Trump would not be charged with a crime. A long-standing DOJ legal opinion rules out federal criminal charges against a sitting president.
“As the Department concedes, it never in fact considered charging President Trump with obstruction of justice or any other crime.”
[...]
The ruling affirms a withering opinion U.S. District Court Judge Amy Berman Jackson issued last year that ordered the document’s release and called the Justice Department’s initial arguments in the case “disingenuous.”
[...]
DOJ attorneys could ask the full bench of the D.C. Circuit to rehear the case or seek review at the Supreme Court.
Politico
...but hey, do what you want...you will anyway.
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