The Volokh Conspiracy
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WSJ Publishes Leak from the New York Supreme Court Appellate Division, First Department
WSJ got some inside information about the pending Trump civil-fraud case.
The Wall Street Journal published an article, titled "Court Split Leaves Trump's Civil Fraud Appeal Stuck in Slow Lane."
The story begins:
The New York court weighing President Trump's appeal of a roughly $500 million civil-fraud judgment typically acts swiftly and unanimously, with many of its decisions coming within weeks after hearing arguments.
Trump's experience stands out as an unusual exception.
A five-justice panel has yet to render a decision nearly a year after taking up the case, leaving him and his business in limbo. Behind the scenes, members of the panel have been divided, and three of them have been writing opinions, according to people familiar with the matter. It couldn't be determined how they are split. Justices do occasionally shift their positions, and the number of opinions could change, the people said.
A spokesman for the New York state court system said it doesn't comment on pending litigation. A spokesman for Trump's legal team said, "It is time for the New York Courts to step in and end this witch hunt once and for all."
…
The panel hearing the Trump appeal includes four judges appointed by Democratic governors and one Republican appointee, David Friedman, who is regarded as among the most conservative of the court's 21 members. The court's presiding justice, Renwick, also on the panel, is viewed as a stalwart liberal who has an institutional interest in seeking consensus and guarding the court's reputation.
The United States Supreme Court has taken measures to prevent leaks. But what about the New York intermediate state appellate court?
There is obviously only one remedy for this leak. But I repeat myself.
