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Extracted Text (OCR)
Case 20-3061, Document 60, 09/24/2020, 2938278, Page18 of 58
the collateral order doctrine, particularly when there is no serious argument that it
satisfies each of the doctrine’s three requirements: Judge Nathan’s order (1)
conclusively determined the disputed question, (2) it resolved an important issue
completely separate from the merits of the action, and (3) it is effectively
unreviewable on appeal from a final judgment. See Will, 546 U.S. at 349.
In Flanagan v. United States, the Supreme Court ruled that an order
disqualifying criminal counsel pretrial was not immediately appealable under the
collateral order doctrine. 465 U.S. 259, 266 (1984). The Court explained that unlike
an order denying a motion to reduce bail, which “becomes moot if review awaits
conviction and sentence,” an order disqualifying counsel is fully remediable
posttrial. Jd. Moreover, a motion to disqualify counsel is “not independent of the
issues to be tried” because its “validity cannot be adequately reviewed until trial is
complete.” /d. at 268. Finally, unlike an appeal of a bail decision, “‘an appeal of a
disqualification order interrupts the trial,” and any delay in a criminal case “exacts
a presumptively prohibitive price.” Jd. at 269.
In contrast to the disqualification order at issue in Flanagan, the appeal of
Judge Nathan’s order is like the appeal of an order denying a motion to reduce bail.
First, this appeal will “become[] moot if review awaits conviction and sentence.”
See td. at 266. Unless Ms. Maxwell is permitted to share with Judge Preska what
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Dates
Document Details
| Filename | DOJ-OGR-00019417.jpg |
| File Size | 669.5 KB |
| OCR Confidence | 95.0% |
| Has Readable Text | Yes |
| Text Length | 1,588 characters |
| Indexed | 2026-02-03 19:43:07.473634 |