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Reason
Reason
Politics
Josh Blackman

The Presumption of Regularity Returns to SCOTUS

On Wednesday, the Supreme Court heard oral argument in Trump v. Cook. The leading accusation in this case is that President Trump wanted some excuse to fire a Federal Reserve Board Governor, so he had his administration trump up charges based on mortgage fraud. (I've written about how Collins v. Yellen enabled Bill Pulte, the director of the FHFA, to investigate Cook.) On Thursday, Jack Smith testified before Congress about his service as special counsel. In a somewhat similar fashion, the leading allegation was that the Biden Administration wanted Trump to be indicted, so Merrick Garland retained Jack Smith to trump up some charges. I am sure people on the right would never view Cook in this fashion, and people on the left would never view Smith in this fashion, but the perceptions are there.

This topic was referenced, perhaps indirectly, during oral argument in Cook.

Justice Kavanaugh brought up Justice Scalia's Morrison v. Olson dissent. Kavanaugh, alluding to some amicus briefs, suggested that the mortgage fraud charges were simply a pretext to fire Cook.

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