DOJ Just Got Mossed On '86 47' Legal Theory - Above the Law
abovethelaw.com
A federal judge just shredded the DOJ's core legal theory in the Comey case — revealing how executive power arguments can collapse the moment they face real judicial scrutiny.
Separation of PowersExecutive OverreachJudicial ReviewRule of Law
Theory Briefing
- U.S. District Judge Randolph Moss systematically dismantled the DOJ's central legal theory in the Comey case, handing the government a decisive loss.
- The '86 47' legal theory attempted to stretch executive authority, but the court found its constitutional foundations fundamentally unsound.
- The ruling illustrates how aggressive legal overreach by the DOJ can backfire, undermining the broader strategy of using courts to advance executive power.