Trump lawyers again appealing in failed Clinton RICO lawsuit
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Two photos show Hillary Clinton and Donald Trump.

Hillary Clinton attended a Clinton Global Initiative meeting on Sept. 20, 2022 in New York City. Former President Donald Trump spoke at a rally on Sept. 23, 2022 in Wilmington, North Carolina.

Two weeks after a federal judge, for the second time, refused to step aside from Donald Trump’s “bad faith” racketeering (RICO) civil lawsuit against Hillary Clinton, the former president’s lawyers are asking a federal appellate court to step in.

A notice of appeal filed on Wednesday to the Trump v. Clinton docket shows that Trump lawyers Alina Habba, Michael T. Madaio, Peter Ticktin, and Jamie A. Sasson are adding two recent beatdowns by U.S. District Judge Donald Middlebrooks to their growing list of appealable issues.

The lawyers, who are already appealing the dismissal of the case and a $1 million sanctions award in the U.S. Court of Appeals for the 11th Circuit, are now appealing Middlebrooks’ second refusal to remove himself from overseeing the case and the judge’s denial of the Trump team’s motion for an indicative ruling.

The second refusal

On Sept. 15, Judge Middlebrooks, a Bill Clinton appointee who has said he’s “never met or spoken with Bill or Hillary Clinton” and has never had “any relationship with the Clintons,” wrote that Trump brought the appeal to the 11th Circuit back in February, divesting the district court and Middlebrooks of “control over those aspects of the case involved in the appeal.””

In explaining the jurisdictional issue, the judge pointed out that while Trump did seek and receive a stay of appeal in the 11th Circuit pending an indicative ruling in the district court, the former president did not seek a stay of appeal as to the motion to disqualify.

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