bob wrote: ↑Mon Oct 17, 2022 8:22 pm
chancery wrote: ↑Mon Oct 17, 2022 8:08 pmYou think either the district court or the D.D. Circuit would stay the order of remand?
Maaaaaaybe.
It would depend on how well written the arguments are (and who the judges are). Sufficiently colorable arguments may persuade just enough of the right people that an appeal (and stay pending appeal) are warranted to settle the issues.
On thinking about this a little more, there might be an issue under the federal officer removal statute, 28 U.S.C. § 1442. It's worked before: -
Kolibash v. Committee on Legal Ethics of the West Virginia Bar, 872 F. 2d 571 (4th Cir. 1989).
https://m.openjurist.org/872/f2d/571/ko ... rginia-bar
A West Virginia lawyer in private practice represented a client in a grand jury proceeding. Shortly afterwards, he took a job as an Assistant United States Attorney and proceeded to represent the government in questioning witnesses before the same grand jury. The state bar started an investigation of the lawyer for conflict of interest and and his supervisor for professionally inadequate supervision.
The two lawyers removed the proceeding to federal court, the district court remanded, and the supervisor appealed. The Fourth Circuit possibly (it wasn’t at issue in this appeal) didn’t have problem with remanding the investigation of the lawyer with a conflict of interest problem, but reversed the remand as to the supervisor, saying that there was a potential federal officer immunity issue that supported federal jurisdiction.
And I don’t know enough to say whether there is a similar issue for Clark.