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“If I were working on this, I would file a writ of mandamus ASAP,” defense lawyer Glenn Danas, a partner at the Clarkson Law Firm, told Slate.

The Smith team then made its most important and aggressive move by noting that when judges have issued clearly erroneous jury instructions that doom prosecutions, “courts have permitted the government to obtain writs of mandamus.”

“While it’s unlikely, it seems to me Cannon’s latest order is sufficiently bonkers that Jack Smith might at least entertain the thought of a mandamus motion,” tweeted attorney Robert Kelner.

Whether through existing mandamus or quo warranto actions, state and federal officials—as well as private citizens—can seek to disqualify a candidate who has engaged in insurrection from holding office.

Lynch also asked Judge Jackson to decide by next Tuesday so the department could request a writ of mandamus from the U.S.