The judge then turns to #EmilBove’s order to the acting US attorney in Manhattan, #DanielleSassoon, instructing her to abandon the case. The judge asks whether Ho can consider what is in the memo, & Bove says “no.” He says that case #law suggests that Ho does not have the discretion to do so, even as he acknowledges whether a judge is entitled to inquire whether the order was made “in bad faith.”