Wednesday, December 20, 2017

Group Lacks Standing to Initiate Review of Mueller Investigation

Judge Amy Berman Jackson (D.D.C.) ruled today that Freedom Watch, Inc., lacked standing to bring a mandamus action to force Justice Department review of Special Counsel Robert Mueller's investigation and, ultimately, to terminate Mueller and his staff.

Freedom Watch alleged that Mueller's team engaged in a "torrent of leaks" and has "unethical conflicts of interest." The organization asked the court to order various DOJ offices to investigate Mueller's team and, if the allegations prove true, to fire them.

Judge Jackson ruled that Freedom Watch lacked standing to sue. In particular, the court said that Freedom Watch only alleged generalized grievances, not specific harm to itself or its members:

The fact that plaintiff has taken on the mantel of seeking to shine light on alleged governmental wrongdoing does not mean that it is affected by that wrongdoing in any particularized way--what plaintiff alleges is that the wrongdoing harms its objectives, not it. This is exactly the sort of abstract injury that does not rise to the level of an injury-in-fact.

The court also said that Freedom Watch's complaint lacked redressability:

While plaintiff has detailed the source of defendants' authority to undertake investigations, and the reasons why, in plaintiff's view, they should act, it points to no legal source of a mandatory duty owed to plaintiff to act, and therefore supplies no basis for the Court's power to order defendants to do so.

The ruling means that the case is dismissed.

http://lawprofessors.typepad.com/conlaw/2017/12/group-lacks-standing-to-initiate-review-of-mueller-investigation.html

Cases and Case Materials, Courts and Judging, Jurisdiction of Federal Courts, News, Standing | Permalink

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