Trump’s Legal Team Files Motion to Remove Judge Boasberg from Keystone XL Pipeline Lawsuit

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The recent move by former President Trump’s legal team to have Judge James Boasberg removed from the lawsuit brought by the Cheyenne River Sioux Tribe over the Keystone XL pipeline construction is a controversial one. As a starting point, Trump’s attorneys argue that Boasberg’s previous involvement with environmental groups opposing the pipeline construction creates a conflict of interest. They point to his participation in the Rocky Mountain Mineral Law Foundation, which has received funding from organizations opposing the pipeline and conducted relevant research. This does raise questions about whether Boasberg can remain impartial in the case.

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By way of contrast, many argue that Boasberg’s previous involvement with environmental groups does not necessarily imply bias. It is not uncommon for judges to have connections to organizations that are involved in issues before them, and it is their duty to recuse themselves if their impartiality is compromised. Additionally, Boasberg’s appointment by President Obama may suggest that he is inclined towards a more liberal stance on environmental issues. However, this does not necessarily mean that he will rule against Trump in this specific case.

At the end of the day, the decision on whether Judge Boasberg should be removed from the case ultimately rests on whether there is reasonable doubt regarding his impartiality. If Trump’s legal team can provide sufficient evidence that Boasberg’s previous involvement with environmental groups constitutes a conflict of interest, then a recusal may be appropriate. However, if Boasberg can demonstrate that he is capable of remaining impartial in the case, he should be allowed to continue presiding over it. Regardless of the outcome, the handling of this motion will likely set a precedent for how judges with past connections to environmental groups are treated in similar cases moving forward.

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