U.S. Judge Randolph Moss of DC: One of the Good Guys

The District of Columbia presented Randolph Daniel Moss with a law license in 1986 after he graduated from Yale University School of Law.  

In one matter, Judge Moss was assigned to hear a case questioning the legality of Donald Trump’s appointment of ethically challenged Ken Cuccinelli to the position of acting director of United States Citizenship and Immigration Services.

In his ruling (ca. March 1, 2020), Judge Moss found Cuccinelli’s appointment illegal. In doing so, Judge Moss made the following statements in his order.

• Cuccinelli’s newly created title did not satisfy the necessary legal standard and lacked “any substance.”
• “On the merits, the Court concludes that Cuccinelli was not lawfully appointed to serve as acting Director and that, as a result, he lacked authority to issue the reduced-time-to-consult and prohibition-on-extensions directives.”
• “Cuccinelli may have the title of Principal Deputy Director, and the Department of Homeland Security’s order of succession may designate the office of the Principal Deputy Director as the ‘first assistant’ to the Director. But labels — without any substance — cannot satisfy the FVRA’s default rule under any plausible reading of the statute.”

In issuing his ruling, Judge Moss voided Cuccinelli’s policy directive that gave gives asylum seekers less time to consult with legal counsel prior to their “credible fear” interview with a USCIS officer.

Kudos to Judge Moss for having the courage and fortitude to issue a ruling that will likely cause The Great Leader to attack him and defame him as he and his right-wing comrades have done regarding fellow U.S. Judge Amy Berman Jackson in presiding over convicted felon Roger Stone’s criminal case.

As we speak (ca. March 2020), Judge Moss continues to sit as a U.S. District Court judge for the District of Columbia.