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The headlines on CNN will be about Judge Walton having gone too far.

Paul – I think Walton had to argue it in his opinion bc the briefing really did skip and gloss. He tried to put the meat on the table, but I wouldn’t say he bulletproofed it (on the appointments issue, statutory was dead on arrival). I think it is a Gov winner, but I think they could have put more in the record on the support and argument front and Walton added some suspenders to the loose belt, but there’s still the same underlying issue there any way you go. It will get an appeal, IMO, Gov wins on appeal, but the timing of the appeal is what I originally worried about. The other S. Ct. Indep. Counsel and Spec. Prosec. cases came up in connection with subpoena responses and went up then – not so much after indictments were already filed. So, do they get a shot at interlocutory? I thought so – but better versed opinions seem to be no. I’m also wondering why they didn’t get the argument they requested ?

He was apparently traveling alone, but I suppose there could have been an escort that’s not apparent to a civilian like me. These flights, as I said, are often full of Congresscriiters, so I have always assumed a high likelihood of air marshalls as well.