As you know I don’t take prisoners. I have called out Rush and Sean and Tucker and Jesse and Bongino in the past and today Dan blew it again. It’s what happens when you get out over your skis on a subject that you don’t understand.

Today he was beyond ecstatic about a case cited in an article by john Solomon which I had scanned a day or two ago. In the article Solomon talked about a case involving the Archives trying to get audio tapes from Bill Clinton’s sock drawer under the Presidential Records Act and basically held that the president has the sole and unreviewable discretion to determine what was personal records and what were official records. Great!

But here’s where Dan went off the rails due his apparent ignorance of the judicial process and binding precedent. He kept gloating that the case wasn’t appealed which he apparently thought made it good precedent and the exact opposite is true.

An opinion by a US District court judge is not binding precedent on anyone, even other judges in the same district. Had it been appealed to the DC CIRCUIT COURT and upheld then it would be binding precedent that must be followed throughout the circuit.

So what you have here is the non binding opinion of one judge which is basically meaningless in the greater scheme of things. Bongino, don’t act the fool when you don’t know or understand what you are talking about!