General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsIs it possible to take the subpoena cases to different judges?
Or does it have to go to only one district judge?
Or should they just let it simmer for awhile? Why not just wait and put them under an umbrella ?
The longer the Republicans wait, the worse it is for them politically. Because they cannot get a replacement for Trump and there are surely many more crimes and embarrassments to uncover?
The House needs to get a Court to rule in their favor.
Until then, they have no choice but to keep adding charges to their tab.
The Velveteen Ocelot
(115,670 posts)and in federal court you are stuck with that judge unless you can show that the judge is biased either against you or in favor of an opposing party in a very specific way. 28 U.S.C. sec. 14 provides that when a party files a "timely and sufficient Motion that the judge before whom the matter is pending has a personal bias or prejudice either against him or in favor of an adverse party", the case will be transferred to another judge. A generalized political bias is insufficient.
In some state courts it's different. In my state, if you get a judge assigned to your case that you don't want, within a short period of time and before that judge does anything with your case you can file a notice with the clerk's office to remove that judge, and you don't have to state a reason. They will then assign a new judge, but you can't remove that one unless you state a reason why that judge is biased, as in federal court. This prevents judge-shopping.
kentuck
(111,078 posts)They can still appeal to a higher court if the decision goes against them, is that correct?
That would apply to both parties, I would presume?
The Velveteen Ocelot
(115,670 posts)For example, an order upholding a subpoena is normally appealable, but an order quashing one is not because it's a discovery ruling and not a final order. In order to appeal from a decision on a motion to quash, the subpoenaed party must disobey the subpoena and be held in contempt and appeal from the contempt order. But there are exceptions.