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I’m pretty sure the judge wants to refuse the dismissal and thinks he has the grounds and authority to do it. But he’s not gonna pull that trigger until he’s checked absolutely every angle, because he’ll be standing up to Trump directly. Sadly, he’s probably having to consider the safety of his family as well as the decision before him.
You give them too much credit, goal is mass firing. They’ll fire everyone that doesn’t respond just to see if it matters.