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It is unusual for a federal district court judge to do this, it is something we more commonly see in state courts. Your attorney is right that you have to wait on the summary judgment and a mandamus is likely going to have to be filed again to get a ruling as you are right, this judge does not want to rule and say that because the DA has statutory immunity anyone he tells to break the law would have that immunity extended to them, that is an absurd ruling, since nobody can give permission to violate the law or give an illegal order to someone.
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