In a 12-page opinion Tuesday, Judge Emmet Sullivan rejected Justice Department lawyers’ attempt to delay the discovery phase of the suit by appealing Sullivan’s previous opinions.
Contrary to the requirements of the law governing such “interlocutory” appeals, Sullivan wrote, “the President has made little effort to demonstrate” that an appeal would “materially advance the ultimate termination of the litigation.”
He added later: “This case will be poised for resolution within six months; an immediate appeal would hardly materially advance its ultimate termination.”
In other words: Not good enough.
Another victory in our lawsuit to force Pres. Trump to comply with the Emoluments Clause, the Constitution's anti-bribery provision. A judge this morning DENIED his request to delay the case pending his appeals. We’re one step closer to accountability. https://t.co/vFyr8XfYuv
— Sen. Patrick Leahy (@SenatorLeahy) June 25, 2019
Rather than delaying the case to wait for an appeal of his previous rulings — which established that members of Congress have standing to sue the President, and established a definition for “emolument,” among other things — Sullivan scheduled the case’s conclusion.
In a separate filing, the judge ordered that the discovery phase will begin on Friday and conclude on Sept. 27.