"[T]he district court—whose decision to disqualify was informed, in part, by a comparison to an internal investigation of a private company—does not appear to have sufficiently appreciated the separation-of-powers concern," the appeals court said.
May 23, 2023 at 03:42 PM
4 minute read
In a strongly worded May 18 opinion, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit ruled that an Arizona federal magistrate judge’s decision to disqualify an entire U.S. Attorney’s Office was an abuse of discretion.
The appeals court also found that the district court’s directive to the Department of Justice to provide an attorney from outside Arizona to be unsupported by evidence.
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