Roe V Wade Gets Struck Down In 2019: Now Where Do We Go As A Country?

Roe V Wade Gets Struck Down In 2019: Now Where Do We Go As A Country?

 

If, big if, but if the Republicans can hold onto the Congress and the Senate, then Roe V Wade will be over turned in 2019. I believe that this is the only way that the Republicans could get their votes on the Supreme Court. Thus their goal is to rule via the Supreme Court over the next 20-30 years of life in America. But my question is a simple one. When all abortions in the U.S. are ruled to be murder, how is our society going to respond? I believe that the biggest single reason that the Democrats lost the so-called Christian Right, is the abortion issue. This has got to be the only reason that the “Christian Right” would stay hooked to an habitual liar, fraud and thief like Donald Trump, his Family and fellow soon to be felons. Folks if this scenario I mentioned did happen, (with or without the help of Nannie Vlad), then the other will soon follow. But no, I do no expect the Fake News Fraud-in-Chief to ever spend a real day in a prison or ever be a felon, step #3 is good ole dependable hypocrite Mikie to give out full pardons to all the good -ole-boys.

 

Democrats like Nancy Pelosi in their ego actually believe that we the Sheep want them back in Office, no, no, no, you angry old lady, we just want the Hell rid of Donald Trump and his group of habitual lying kiss-asses that surround him. If the Democrats do win the Congress back in November and they then are stupid enough to vote this hateful Relic to lead them again, they deserve their own dirt. Personally, I believe that every single person who is in any level of Politics reaches the age of 70, they must retire. If you can Constitutionally mandate age discrimination as is done in the minimum age of a President, why should we not have a maximum age. If your 70th birthday would occur while you are still in Office, then you can not be a candidate for that Office. There has to be a limit somewhere in order to try to put a cap on some of this madness.

Over Turning Supreme Court Rulings

Over Turning Supreme Court Rulings 

 

If you live here in the U.S. and you pay any attention to the national news you probably know of a man named Brett Cavanaugh who is President Trumps hand-picked Judge to fill the Supreme Court vacancy created by the retirement of Justice Kennedy. Quite honestly the more I dig into the life and character of Judge Cavanaugh the less I want to see him confirmed by the Senate for this post. In this article I am not going to get into all of the reasons that I believe he is a very bad choice to be on the Bench but I am going to discuss the politics being injected into the choosing of Supreme Court Justices these days. As most of you probably know there are nine Justices that sit on the Bench and they are appointed to lifetime positions.

 

Of the eight current Justices it is considered that 4 are ‘liberal’ and 4 are ‘conservative,’ so this makes this 9th members spot very important to the politicians, both Republicans and Democrats. The Republicans want to get Mr. Cavanaugh confirmed before the mid-term elections that are being held in 7 weeks because they know if the Democrats are able to take control of the Senate that a ‘conservative’ like Mr. Cavanaugh will not happen because the Democrats would have the votes to block it. One of the big reason that the Republicans want Mr. Cavanaugh on the Bench is because they want to get some existing laws changed and they could do it with a 5 to 4 margin in the Supreme Court.

 

Laws that the Republicans want over turned are things like ‘Roe V Wade’ which legalized abortion back in 1973, Gay marriage and ‘The Affordable Care Act/Obama Care.’ To me I have always felt that the purpose of the Supreme Court is for them to decide what is legal or not legal via the U.S. Constitution. The Court was set up by our Nations Founding Fathers about 240 years ago in an attempt to eliminate politics from the decision-making process of what is Constitutionally legal, or not. The term being thrown around in the Senate hearings is “precedent”, meaning, Judge Cavanaugh, do you believe in it? Judge, do you believe that once a law is in place that has been voted on by prior Supreme Court Justices should not be ‘revisited’? The purpose of these 9 Justices is for them to make their decisions on what our Nations Constitution says, not on what their personal likes or dis-likes are nor what their political view points are.

 

Don’t get me wrong, I personally believe that there have been Supreme Court decisions in the past that I think were bad decisions, ones that I wish the Court had ruled differently on like Roe V Wade. There is another Court decision from about 1963 where a Court ruling made it to where District Attorneys can not be criminally or materially sued for their Court decisions. The 1963 Ruling was because the Justices at the time believed that D.A.’s would always be honest and would never do things like obstruct justice in court decisions. I have often wondered if those Justices were actually that naive, or really just that stupid. But, I believe that once a Supreme Court Decision has been made that said decision should not be able to be ‘revisited’, that ‘precedent’ should always hold. Yet the validly of this line of though depends on all Supreme Court Justices, on every case, on every vote to be made by their interpretation of the Nations Constitution, if this is not what they are doing then in my opinion it is they who are breaking the laws of the every Constitution they have sworn to uphold.

Unresolved recusal issues require a pause in the Kavanaugh hearings

(THIS ARTICLE IS COURTESY OF THE BROOKINGS INSTITUTE)

 

REPORT

Unresolved recusal issues require a pause in the Kavanaugh hearings

Laurence H. TribeHon. Timothy K. Lewis, and Norman Eisen

This paper explains why the Constitution as originally designed by the framers requires the Supreme Court nomination of Judge Brett Kavanaugh of the U.S. Court of Appeals for the District of Columbia Circuit to be put on hold. It takes no view on his ultimate confirmation. But as one of the authors has elsewhere explained,[1] it offends the structure the framers created for a president who is facing mounting personal liability under our Constitution and laws to choose one of the judges in his own case.

Or more likely, multiple cases. Never before in the history of presidential nominations of Supreme Court justices have there been so many matters of the deepest personal impact to the president that may come before the Supreme Court.

Never before in the history of presidential nominations of Supreme Court justices have there been so many matters of the deepest personal impact to the president that may come before the Supreme Court.

In addition to legal and procedural questions surrounding possible impeachment proceedings, there are a staggering array of issues with which the nominee may well be presented owing to the historically unprecedented fact that his patron the president was a named subject and, but for hesitation to indict a sitting president, could well have been a target,[2] in a criminal investigation at the very time that he handpicked the judge—reportedly after White House consideration of the judge’s views on some of these very issues. As detailed below, those issues include:

  • Whether a president can use the pardon power to shield himself from criminal liability;
  • Whether a president can be charged with obstructing justice;
  • Whether a president can defy a subpoena for testimony;
  • Whether a president can be criminally indicted;
  • Whether a president can unilaterally fire a special counsel without cause; and
  • Related civil matters involving a president’s personal interests.

The need for a pause is particularly strong here, where the judge, as we also explain below, holds views that, while formally denying that presidents are above the law, amount to affirming that proposition as a practical matter—and where the deliberate confirmation process needed at a minimum to examine those views has been rushed and, in our view, broken. All of the authors of this paper have either been before the Senate for confirmation, worked on Supreme Court or other confirmations, or both. We have never seen anything like this hurried and defective process for such an important nomination.

In this paper, we advance an additional constitutional ground that strongly counsels that there be a hiatus. Although the Constitution provides no process for making a binding and enforceable determination that a particular Supreme Court Justice take no part in the consideration and decision of a specific case or set of cases, it does not follow that the Constitution, read with fidelity to its structure and its purposes and in light of the precedents construing its implications, has nothing to say on the matter to a justice who was worthy of confirmation in the first instance. On the contrary, we believe the Constitution instructs that a judge nominated to the Court in the situation that currently confronts Judge Kavanaugh recuse himself from the full swath of cases presenting the issues of personal presidential liability this paper identifies—and that precedent demands he do so now, as other nominees have done under far less compelling circumstances. The confirmation hearings should therefore be halted so these issues can be explored and proper recusals agreed to after due deliberation, including full production of the judge’s documents so his views can be thoroughly probed.

Our position is based upon first principles of our system of justice under the law, reinforced by a trio of Supreme Court precedents in the past decade establishing the parameters of constitutionally mandatory recusal—parameters that are triggered by the unique circumstances of Judge Kavanaugh’s situation. Those cases are Caperton v. A.T. Massey Coal Co.Williams v. Pennsylvania, and Williams-Yulee v. Florida Bar, which we describe in detail below. They have reflected two key constitutional principles that should dictate the outcome of recusal questions: judges must step aside when there is either a “serious risk of actual bias” or where there is an independent and compelling government-wide interest in protecting against the appearance of bias regardless of whether that appearance compromises the particular rights of any litigant. That includes the paramount interest at stake in this case of protecting the public faith in the judicial system as a cornerstone of the legal process as a whole and as a guardian of the rule of law.

While these precedents and the principles they embody have not yet been applied to require a Supreme Court justice to recuse, they plot a trajectory that points unmistakably in that direction. As we explain below, both principles clearly compel recusal here. Bias and the appearance of bias are powerfully implicated by the unique confluence of factors in this case.

If, moreover, we are to believe press reports[3] that Judge Kavanaugh will refuse to commit now to recuse, he will be repudiating the guidance of the Constitution before he ever sits on the Court, inasmuch as recusal is mandatory if our understanding of the Constitution is correct. The seriousness of the matter is highlighted by the fact that other nominees have, as we explain below, committed to the Senate to recuse on substantially lesser grounds. This is after all no routine nomination but a lifetime appointment as one of nine individuals who determine the course of our justice system and the shape of the laws under which all of us will live, and as one who may, among other things, determine the fate of the president who nominated him and potentially of the presidency itself.

If the foregoing press reports are accurate, they further warrant our view that the Kavanaugh nomination should be delayed until the relevant legal issues overhanging the sitting president are resolved—and that the hearings set to begin on September 4, 2018, should not be taking place at this time. That pause must include further production of documents relating to the nominee’s White House service, a process that to date contrasts starkly with the timely and transparent production of documents regarding Justice Elena Kagan’s prior White House service when the Senate was considering her nomination to the Court.[4] To date, only a small fraction of the requested Kavanaugh materials have so far been made available on the hasty schedule gratuitously set by the Senate majority. Unlike with Kagan’s nomination, where no White House documents were withheld on privilege grounds,[5]101,921 of the Kavanaugh documents were abruptly withheld, without adequate explanation of the privilege assertions made in conclusory form, late on the last business eve before the hearings were to begin.[6] The Senate must have adequate time to review those documents as well as the documents that have already been produced, including 42,000 pages produced on the eve of the first day of the hearing.[7]

Download the paper.

Authors

The Hon. Timothy K. Lewis

Hon. Timothy K. Lewis

Counsel – Schnader Harrison Segal & Lewis LLP

U.S. Court of Appeals for the Third Circuit, 1992-99

FOOTNOTES

  1. 1Laurence H. Tribe, The Founding Fathers Wouldn’t Want Kavanaugh’s Confirmation to ContinueWashington Post, Aug. 24, 2018, available athttps://www.washingtonpost.com/opinions/the-founding-fathers-wouldnt-want-kavanaughs-confirmation-to-continue/2018/08/24/5184ece6-a70b-11e8-8fac-12e98c13528d_story.html.
  2. 2Barry H. Berke, Noah Bookbinder, and Norman Eisen, Presidential Obstruction of Justice: The Case of Donald J. Trump, 2nd Ed., Brookings, Aug. 22, 2018, available at https://www.brookings.edu/research/presidential-obstruction-of-justice-the-case-of-donald-j-trump-2nd-edition/.
  3. 3See Alexander Mallin and Katherine Faulders, Kavanaugh Won’t Commit to Recusal from Trump, Mueller Related MattersABC News, Aug. 31, 2018, available at https://abcnews.go.com/Politics/kavanaugh-commit-recusal-trump-mueller-related-matters/story?id=57534501.
  4. 4See Senator Patrick Leahy, Letter to Senator Jeff Sessions, Jun. 23, 2010, available at https://www.leahy.senate.gov/press/leahy-responds-to-republican-requests-for-more-kagan-documents-from-archives (noting that vast majority of requested paper records had been produced to the Committee two weeks before the start of confirmation hearings and the email records were produced one week prior)SCOTUSblog Briefing Paper, Elena Kagan – Privilege and Release of Kagan DocumentsSCOTUSBlog, June 30, 2010, available at: http://www.scotusblog.com/wp-content/uploads/2010/06/Kagan-issues_privilege-June-301.pdf.
  5. 5See Senator Leahy, Jun. 23, 2010 (noting that the Obama Administration had not invoked executive privilege and the Clinton Library had withheld fewer than 2,000 documents on “personal privacy” grounds).
  6. 6Ariane de Vogue, Trump Admin Withholds 100,000-Plus of Kavanaugh DocumentsCNN, Sept. 1, 2018, available at https://www.cnn.com/2018/09/01/politics/trump-kavanaugh-bush-supreme-court-documents/index.html.
  7. 7Fred Barbash and Seung Min Kim, Hours before Kavanaugh nomination hearings, Bush lawyer releases 42,000 pages of documents to Judiciary CommitteeWashington Post, Sept. 3, 2018, available at https://www.washingtonpost.com/news/morning-mix/wp/2018/09/03/hours-before-kavanaugh-nomination-hearings-bush-lawyer-releases-42000-pages-of-documents-to-judiciary-committee/.

The Hypocrisy Belongs To Some In The “LGBT” Community, Not To The Chicago Cubs

The Hypocrisy Belongs To Some In The “LGBT” Community, Not To The Chicago Cubs

 

This morning I had every intent to write an article about fallen Senator John McCain and I hope that I will still have the energy to do so after I finish this article first. I got up out of bed about 4 A.M. this morning and came out to my computer aiming to write the McCain article but as is normal I read some of the events I find on my computers main pages first. You know, things like I want to know if our “Mafia in Chief President” has started anymore new wars before I try to get my day started. To the best of my knowledge he has not so I then went on to some MLB Web-Sites as I am still somewhat of a baseball fan, not as much as when I was a kid, but it is still my favorite sport. I read an article from Yahoo-Sports that changed my thoughts about my first column today. My article about John McCain is still more important to me but it is going to be a mostly ‘positive’ article and this one on the Cubs (my life long favorite team) has more negative energy in it so I have decided to write this one first, to get the negatives out of my thought patterns.

 

In an article dated yesterday afternoon (August 26th, 2018) on Yahoo-Sports written by Blake Schuster was an article about the recent trade that the Chicago Cubs made with the Washington Nationals for second baseman Daniel Murphy. Even though I have known of Mr. Murphy for several years I have only known of him from a ‘Baseball-Stats’ prospective, nothing about his personal life, either good or bad. By his stats I would say that I consider him an above average overall second baseman so I had no problem with the Cubs trading for him. But here is the ‘rub’ of the Yahoo-Sports article, evidently about 3 years ago he made some comments about the LGBT-Gay lifestyle that still to this day offends many folks who believe that this lifestyle is a perfectly fine way of life. Guess what folks, not everyone on the planet happens to agree wit you about it being an ‘okay’ way to live. Learn to deal with this reality, it is you being the hypocrites here, not Mr. Murphy.

 

About 3 years ago Mr. Murphy evidently said that he “disagreed with the gay lifestyle” so now it seems that many people in that community really do not like him. This seems to even go to the extent that they would prefer that Mr. Murphy wasn’t able to earn a living in his preferred profession as a major league baseball player. There is a rather large group of people in the Chicago land area who call themselves the “Out At Wrigley” LGBT organization. Yesterday was the ’18th annual LGBT original MLB Gay Day.’ As it turns out (I did not know of this fact until I read this Yahoo article) that one of the Ricketts family who owns the Cubs is an openly gay lady, Ms. Laura Ricketts. Some folks in the LGBT groups decided to wait to give their opinion on the trade for Mr. Murphy until Ms. Laura weighed in with her opinion on the issue. Other folks within the LGBT community there in the Chicago Land area weren’t quite so kind or patient. There will be some folks who read this article who will be mad at me and even call me a hypocrite and some other names for writing this article and for daring to have an opinion different from their own concerning the LGBT life style. My official opinion is that “I, just like Mr. Murphy, do disagree with the LGBT-Queer Lifestyle being an okay lifestyle.”

 

There are many who may well say things along the line of “why should I give a damn about what you have to say, your just an old white boy in Kentucky.” To this I say, exactly. Why should you care what I have to say if I disagree with you, but then again why am I suppose to care what you think or feel about this issue either? Now a third line of thought on this ‘caring’ issue, why should you or I care what Mr. Murphy’s thoughts or feelings are on this issue? He is a baseball player, concerning the Cubs trade for him, only what he does on the field should matter to any of us. Now, if Mr. Murphy was wearing a bright neon tea-shirt in the pregame fielding and batting practice that blared out something like “I hate Gay people” then yes, you should probably take offence to him doing that. Personally I would take offence to him doing that myself, just as I would if he or any other player decided to wear a dress out on the field. He is there to play baseball, he is paid to play baseball, if he has an opinion that is different from yours or mine on the “Gay issue,” so what!

 

There are probably a few folks in their anger at me for not having the same opinion as their, or for daring to state my beliefs who will bring up other ‘incidents’ to see if I feel the same way toward those folks. What I am getting at is that some folks will, in their anger, say things like, well I bet you would be okay with Murphy if he was a wife beater or a child molester too, as long as he was a good baseball player. Folks, that is stupid, being a wife beater or being a child molester is actually illegal, disagreeing with you about if a person agrees with or disagrees with your LGBT lifestyle is not ‘yet’ illegal. We do have something in the Constitution of the United States (First Amendment) saying that we the people are allowed to have free speech in this Country whether you happen to like it or not. Not everyone is going to agree with you, or me, on everything, grow up, learn to deal with reality just as those who don’t agree with you also have to do!

Trump’s Russia Admission Is No Mere Scandal. It’s a Betrayal.

(THIS ARTICLE IS COURTESY OF THE BLOOMBERG NEWS AGENCY)

 

Trump’s Russia Admission Is No Mere Scandal. It’s a Betrayal.

Accepting help “to get information on an opponent” was an ugly and unpatriotic act.

So much for national loyalty.

Photographer: Ethan Miller/Getty Images

During a presidential campaign, accepting help from Russia “to get information on an opponent” is an ugly and unpatriotic act. It casts contempt on the countless people who have put their lives on the line for our republic and the principles for which it stands.

In 2007 and 2008, I was honored to work with the campaign of Senator Barack Obama as an occasional, informal adviser. I received plenty of ideas from friends, acquaintances and strangers about how to win the presidency.

No offers of help came from anyone associated with a foreign government. But if they had, my only question would have been this: Do I go directly to the FBI, or do I go to people in a higher position in the campaign, and ask them to go directly to the FBI?

Like many millions of Americans (Republicans and Democrats alike), I had long been hoping that the 2016 meeting at the Trump Tower, including Donald Trump Jr. and a Russian lawyer connected with the Kremlin, involved issues of adoption policy (as the White House previously told us).

Last weekend, President Donald Trump disclosed, “This was a meeting to get information on an opponent.”

Americans should never forget that the Soviet Union played a heroic and indispensable role in winning World War II. And Trump is right to insist that the United States has a keen interest in maintaining a peaceful, cooperative and mutually beneficial relationship with Russia.

But it should go without saying that the highest loyalty of any candidate, and any president, is to his nation, not to electoral victory. The Russian government has been working to weaken, undermine and destabilize our country.

No candidate for high office, and no presidential campaign, should even think about accepting Russia’s help “to get information on an opponent.”

This conclusion is not merely a matter of common sense. It is linked with the deepest fears of those who founded our nation. Many people are puzzled by the constitutional provision limiting eligibility for the presidency to “natural born” citizens. But it attests to the founders’ desire to ensure something they prized perhaps above all: loyalty.

In the decisive debates over the impeachment clause, James Madison pointed to the risk that a president “might betray his trust to foreign powers.” Focusing on the electoral process itself, George Mason asked, “Shall the man who has practised corruption & by that means procured his appointment in the first instance, be suffered to escape punishment?”

As far as I am aware, there is as yet no evidence that the meeting at Trump Tower had any effect on the 2016 election, or that the president knew about the meeting at the time. But here is a general principle: Successfully enlisting Russia’s help to procure the presidency would count as a high crime or misdemeanor within the meaning of the impeachment clause – whether or not it’s technically a crime within federal law.

But is it a federal crime? Federal law makes it unlawful “to solicit, accept, or receive a contribution or donation . . . from a foreign national.” A contribution includes “any gift, subscription, loan, advance, or deposit of money or anything of value made by any person for the purpose of influencing any election for Federal office.” Lawyers are now discussing, and disputing, whether “information on an opponent” counts as “anything of value.”

Let’s put the legal niceties to one side. In my view, it was reasonable for President Trump to say that as a matter of principle, professional athletes ought to show respect for the American flag and the national anthem. “E pluribus unum” is the motto on the nation’s seal. It dates from the period of the Revolutionary War.

Seeking Russia’s help, to get “information on an opponent,” is worse than a scandal. It is a betrayal.

This column does not necessarily reflect the opinion of the editorial board or Bloomberg LP and its owners.

To contact the author of this story:
Cass Sunstein at [email protected]

To contact the editor responsible for this story:
Katy Roberts at [email protected]

If Our President Is Found Guilty Of Treason: Then What? Part 1 of 2

 

For those of you who follow this blog I know that you are aware that I am not a fan of Donald Trump or of Mike Pence. You would also know that I am not a fan of Hillary Clinton, the Republican Party or of the Democratic Party. I believe that all of the fore mentioned are selfish, self-centered, crooked, ego maniacs who care nothing about America or of the people of this Country. I believe that by definition, they are all guilty of Treason toward the American people and of the Constitution they swore on a Bible to uphold.

 

I looked up the word Treason online to see what Google had to say about the definition of the word and it gave me a couple of responses of which I am going to share with you now.

  1. A violation of allegiance to one’s Sovereign or to one’s State. 2. The betrayal of a trust or confidence; breach of faith, treachery.

In yesterday’s edition of the Washington Post under a column they call their “Truth Checker” it said that since Donald Trump became our President he has averaged telling 7.6 untruths per day. You know something, I really do wish that the American Media Outlets would quit saying “untruths” and simply call them what they are, they are called lies folks. Think about it folks, our own President has averaged lying to you and to me 8 times every day since he took Office. Mr. Trump is averaging lying to us more than 50 per week, every week. How would you feel if your spouse lied to you more than 50 times every week? How about your supervisor at your job? How could you or I be expected to believe a single thing that ever comes out of their mouth? I’m sorry but there is no way I could! I love my wife but if I realized that she was constantly lying to me about basically everything, I would insist she find another place to live, wouldn’t you? Wouldn’t you feel that you had been betrayed? How in the heck is it any difference with our President, shouldn’t ‘we the people’ insist that Mr. Trump find another place to live, like in the basement in Leavenworth Federal Prison?

 

I have heard several people say that “they just can’t believe that someone has not shot him (Mr. Trump) yet.” I have told them that I believe a much better response by the American people and legal system would be if that whole Trump crew were impeached, imprisoned for life and to have all of their earthly possessions stripper from them, sold to the highest bidder with all of the money being used to pay down the National Debt. I believe that would hurt them much more than lets say, a firing squad. Obviously I believe that President Trump is guilty of several impeachable crimes, including treason against America and our people. Honestly I believe that a Country, any Country, is their people, not their government. I believe that every single day since Mr. Trump became a viable/possible Presidential contender during his Campaign up until this moment that he and several members of his direct family and staff have been committing treason against us, the American people.

 

Folks, now comes the basic question of this letter to you. If the Republican Party, and my glorious Senator Mitch McConnell (Senate majority leader) grows a set, what is next? I know quite a few folks from Indiana including family members who have lived there for decades who have told me over and over again that they believe that Vice President Mike Pence is even more dangerous to the American people than Donald Trump is.  Until Mr. Pence became a VP Candidate I honestly didn’t know a lot about him but what I have seen of him since then has given me no confidence at all in him as a Leader. By the American legal code set up in the U.S. Constitution if Mr. Trump is impeached then Mr. Pence becomes our President. Will that mean that with him America will get “back on track?” Honestly I don’t believe that Mitch McConnell and the Republican Party will do anything toward impeaching Mr. Trump until after the elections this November. I believe that the Republican Party has decided to ‘throw their hat’ in with the President for the Elections this fall. I believe that they will live or die with him until then. Personally I believe that in November the Republicans will lose the House by a large margin, the Senate is the main question. The biggest question will be if the Democrats can pick up two Senate Seats to take over the Leadership of the Senate. If this were to happen I believe that Mr. Trump will be impeached by the Senate. This November only 5 Republican ‘at risk’ Senate Seats are on the Ballot, in the 2020 Presidential Elections more than 20 of these Republican Seats ‘will be at risk.’ If the Republicans lose both Houses this November they will not want to go into that election in 2020 with Mr. Trump in the White House. This is what I believe it will take for the Republicans to vote for impeachment. I also believe that if Mr. Trump is impeached that Mr. Pence, as our new President, will pull a ‘Gerald Ford’ and Pardon him as his first official act as President to ‘help America start to heal.” Question is, can we the American people ever really heal with either the Republicans or the Democrats at the Helm of Our Ship?

Court Rules Trump Sanctuary City Order Unconstitutional

(THIS ARTICLE IS COURTESY OF THE USA TODAY NEWS)

 

Federal appeals court rules Trump sanctuary city order unconstitutional

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A federal appeals court ruled Wednesday that President Donald Trump exceeded his authority when he threatened to withhold funds from “sanctuary cities” that do not fully cooperate with U.S. immigration authorities.

In a 2-1 decision, the 9th Circuit Court of Appeals said Trump’s January 2017 executive order, cutting off federal funds to sanctuary cities, was unconstitutional. But the court also ruled that a lower court went too far when it blocked the order nationwide.

“Absent congressional authorization, the administration may not redistribute or withhold properly appropriated funds in order to effectuate its own policy goals,” Chief Judge Sidney Thomas wrote for the majority.

Our view: Both sides mischaracterize sanctuary cities

Oakland: Why we’re a sanctuary city

Justice Department spokesman Devin O’Malley said the executive order was a legal use of the president’s power. He called the 9th Circuit’s decision a victory for “criminal aliens in California, who can continue to commit crimes knowing that the state’s leadership will protect them from federal immigration officers whose job it is to hold them accountable and remove them from the country.”

“The Justice Department remains committed to the rule of law, to protecting public safety, and to keeping criminal aliens off the streets,” he said.

Trump signed the executive order on Jan. 25, 2017, just five days after taking office, calling undocumented immigration a “clear and present danger” to national security. But U.S. District Judge William Orrick called the threat “coercive” and said spending powers belonged to the legislative, not executive, branch of government.

Orrick’s ruling was the result of lawsuits filed by two California counties – San Francisco and Santa Clara. His decision cited statements from Trump and Attorney General Jeff Sessions, which indicated that the order could jeopardize hundreds of millions of dollars in federal funds. The government argued that the order only applied to three Justice Department and Homeland Security grants that would affect less than $1 million for Santa Clara and possibly no money for San Francisco.

Justice Department attorney Chad Readler told the 9th Circuit judges that the order was limited in scope and that public statements from Trump or other administration officials should not be given too much weight.

“When a president overreaches and tries to assert authority he doesn’t have under the Constitution, there needs to be a check on that power grab,” San Francisco City Attorney Dennis Herrera said in a statement Wednesday. “The courts did that today, which is exactly what the framers of the Constitution had in mind.”

The administration’s fight against sanctuary cities also suffered a setback last week, when a federal judge denied a motion to dismiss the city of Chicago’s lawsuit over Sessions’ efforts to force cooperation with federal immigration enforcement officers.

In September, U.S. District Judge Harry Leinenweber issued an injunction against Sessions’ order that required police to cooperate with federal agents or risk losing federal law enforcement grants. Session wanted to require local police to tell the government before releasing undocumented immigrants from custody, to allow federal immigration agents into city jails and to share people’s immigration status with federal officials.

Leinenweber’s injunction was initially nationwide, but in June the 7th U.S. Circuit Court of Appeals restricted it to Chicago, the Chicago Sun-Times reported. The full appeals court will decide whether or not that injunction should be nationwide in September.

Contributing: Alan Gomez, Aamer Madhani, Richard Wolf,USA TODAY Network; The Associated Press 

More: Appeals court deals another blow to Trump effort to withhold funds from sanctuary cities

Treason = Impeachment = Hang Them High?

 

This article to you today is simply my attempt to get you to think about some very serious issues with our (the U.S.) government that does effect every person in this country as well as in many other Nations.  I’m writing this article in the form of ‘what if’s’. What if President Trump really isn’t the legitimate President and that ends up being proven beyond any reasonable doubt? Pretty much everyone on earth except Donald Trump knows and understands that the Russian government with orders from their President attacked the voting computers of 21 states during the 2016 U.S. elections. It is only logical that being if in deed Mr. Putin wanted Mr. Trump to win that election he would only target states that were expected to be somewhat close. If the Russian hackers had been ignorant they would have targeted states like New York and California where Hillary was going to win by huge amounts. If they had done that then everyone would have known that the machines had been compromised. Swinging a states numbers that were very close, say 52% to 48% for Hillary to a 52-48 for Trump would be believable. If this is what did happen and it can be proven, now what folks?

 

If Mr. Mueller and his team can prove that Mr. Trump along with members of his family and staff colluded with the Russian government to steal the election, is this treason? Personally I believe that it is, also personally I then believe that everything that Mr. Trump and the Congress has signed into law since January 20th of 2017 would have to be removed. Without a doubt this would really be a mess like this Nation has never had happen to us. For those of you who do not know me, do not get me wrong, I personally can’t stand the lying witch Hillary either and no, I did not vote for her, nor did I vote for Mr. Trump, I voted for Gary Johnson. There are some things that I believed about Hillary and Donald before the election in November of 2016 and nothing has changed my beliefs on these two since then. First, I believed that both people are total egomaniacs and both are totally habitual liars who will do anything for money or to win. Now the difference that I see in the two is that in my opinion Hillary is totally evil but she is also very smart, on the other hand Donald is very evil but he is about as ignorant of a person that I have ever come across. So, for President, should I have voted for a smart evil person or a dumb ass evil person? Which one would be the least evil for the American people? I thought Hillary would win and I do believe that she did, so I voted for a person that I knew very well was not going to garner more than a couple of percentage points.

 

Okay, I have made my point that I believe that Donald Trump, members of his immediate family and members of his personal staff are guilty of treason against the American people. Now I wont you to consider another issue please and this is the Republican Congress and the Republican Senate. Unless a person is clueless to reality it is very obvious that the majority of the Republicans in the Congress and the Senate can not stand Donald Trump as a person, yet they have in almost all issues sided with Mr. Trump on programs that Mr. Trump has wanted to make into law. The reason is simple folks, the Republicans realize that with a Republican in the White House they are able to get some of their own personal agenda passed into law, things like the new tax law and getting more Republicans onto the Supreme Court. This sickening display of cowardliness and treason by the Republican leaders like Senator McConnell is enough to make an Independent puke at the sight of their face and unfortunately he is my home state Senator so I see his face often. In the past I have voted for Republicans and Democrats at about a 50/50 clip but because of the disgusting display of Republicans kissing the ass of this dangerous un-genius stupid ass I will never ever vote for another Republican for any office at any level of government. Here is another slap of reality though, I totally believe that if Hillary was the current President the Democrats in the Congress and the Senate would be doing the exact same dirty tricks for her. Neither one of these ‘Parties’ gives a damn about the United States or of our people, they only care about their selves.

 

Now, what should ‘We The People’ do about it when Mr. Mueller and his team prove that these people have committed treason against us? Should we insist that those in Office be impeached as once? Should we insist that all of those folks be put into a maximum security prison for the rest of their lives and have all of their assets stripped from them and sold to the highest bidder with the proceeds put toward the National Debt? Should people in the Congress and the Senate like Paul Ryan and Mitch McConnell suffer the same fate as those in the Executive Branch? Should they all be made an example of like being shot by a firing squad, or better yet, hung from the Statue Of Liberty for defiling Our Constitution and of ‘We The People’ of OUR NATION? What do you think should be done to these people if they are proven to be the Criminals that they all appear to be?

Trump must resist temptation to pardon Manafort for real crimes

(THIS ARTICLE IS COURTESY OF ‘THE HILL’ NEWSPAPER AND THE WEBSITE OF JONATHAN TURLEY)

 

Trump must resist temptation to pardon Manafort for real crimes

Trump must resist temptation to pardon Manafort for real crimes
© Greg Nash

After a few weeks on the job, President Trump’s attorney Rudy Giuliani is beginning to sound like the Vince Shlomi of constitutional law. Shlomi became a household name for his mesmerizing low-grade “ShamWow” commercials promising a towel that “holds 20 times its weight” and “doesn’t drip, doesn’t make a mess.” He would ask, “Why do you want to work twice as hard?” when you could just pull out a ShamWow.

Asked about the jailing of former Trump campaign chairman Paul Manafort for witness tampering, Giuliani declared, “Things might get cleaned up with some presidential pardons.” The only thing missing to complete the Shlomi comparison was a picture of a pardon soaking up a bowlful of special counsel Robert Mueller’s indictments.

The pardon power is not a ShamWow for presidents to clean up scandals. True, the Constitution gives a president total discretion in the granting of pardons and commutations. However, it was not designed, and should not be used, to protect figures like Manafort or Trump personal attorney Michael Cohen. Shortly after Manafort was thrown into jail pending trial, Trump lamented, “Wow, what a tough sentence for Paul Manafort, who has represented Ronald Reagan, Bob Dole and many other top political people and campaigns. Didn’t know Manafort was the head of the mob.”In waving around the pardon power, Giuliani essentially offered a Shlomiesque, “Not wow, Mr. President, ShamWow!” The problem is that Manafort would be the least compelling pardon recipient since President Clinton pardoned his own half brother and Marc Rich, a fugitive Democratic donor. It is true that Manafort is not “the head of the mob,” but he is facing compelling allegations of an array of criminal acts running the gamut of the criminal code. Indeed, the list of indictments would have made mob boss John Gotti blush.

For months, I have written about Manafort’s longstanding reputation for being reckless. It was the reason some observers expressed surprise when he was chosen as Trump’s campaign chairman. He is now accused, however, of an act of sheer stupidity that is truly breathtaking: A grand jury indicted him on additional charges of witness tampering after he allegedly tried to coach witnesses over the telephone while under the continual monitoring of a house arrest.

Trump has complained that Manafort is being prosecuted for things that happened “12 years ago.” However, that is why a pardon would be so problematic. Most independent observers view the charges against Manafort as exceptionally strong. Trump would need to pardon him for crimes ranging from fraud to conspiracy and witness tampering to money laundering and tax violations to false statements.

The same is true with Michael Cohen. This pardon talk notably got louder when reports surfaced that Cohen had fired his lawyers and was considering “flipping” as a cooperating witness. However, he also faces a long list of criminal allegations, ranging from business fraud to tax violations to lobbying violations to false statements. The vast majority deal with dubious business practices unrelated to the Trump campaign.

While it is true that none of these alleged crimes might have been identified had Manafort and Cohen not assumed such visible positions, that does not mean they are not criminals or should not be punished for their crimes. In the end, pardons could certainly keep associates loyal and uncooperative with prosecutors, but a pardon may not be quite as legally absorbent as Giuliani suggests. A president cannot pardon away future crimes. Thus, Manafort and Cohen could be called to testify under oath and could be charged with any new acts of perjury or other crimes. A pardon would make it more difficult for the men to refuse to testify under their privilege against self-incrimination.

Finally, a presidential pardon does not protect against state crimes, which, for Cohen, is a particular concern. Giuliani noted that a potpourri of pardons could come “when the whole thing is over.” It is not clear what that time frame might mean. Ironically, if Mueller is slow-walking the investigation, Giuliani’s words would encourage him to reduce that to a glacial pace. Yet, if it comes too early, they could still be forced to testify and require a daisy chain of pardons for any new false statements or criminal acts. The pardons would also have to cover not only the alleged crimes being investigated by Mueller but alleged crimes uncovered by career prosecutors in the Southern District of New York.

Presidential pardons were meant to address manifest injustices. No matter how you feel about the original basis of the special counsel investigation, it is hard to say that the prosecution of Manafort or Cohen would be an injustice to any degree. Indeed, using this power to relieve them of any accountability for crimes worth tens of millions of dollars would be a manifest injustice. They agreed to take high-profile positions and, when one does so, one accepts greater scrutiny. Hence the old expression, “One day on the cover of Time, next day doing time.”

Trump is correct that he and his campaign had nothing to do with these crimes. That is the point: Just as Manafort and Cohen should not be accused of crimes simply because of their connection to Trump, they should not be excused for prior crimes on the same basis. If Trump is going to grant immunity for any crime of any kind at any time, all of the ShamWows in the world won’t absorb the stain that would be left behind.

Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University. You can follow him on Twitter @JonathanTurley.

Trump’s legal memo to Robert Mueller is a recipe for tyranny

(THIS ARTICLE IS COURTESY OF VOX NEWS)

 

Trump’s legal memo to Robert Mueller is a recipe for tyranny

A clear and present danger to the rule of law

Photo by Olivier Douliery-Pool/Getty Images

Essentially all presidents sooner or later end up commissioning lawyers to put forward an expansive view of presidential power, but those lawyers take pains to argue that they are notmaking the case for a totally unchecked executive whose existence would pose a fundamental threat to American values.

Donald Trump, however, is a different kind of president.

In a 20-page memo written by Trump’s legal team and delivered to Robert Mueller, as reported by the New York Time’s this weekend, they make an unusually frank case for a tyrannical interpretation of presidential power.

Trump’s lawyers say he has unlimited power over criminal justice

The key passage in the memo is one in which Trump’s lawyers argue that not only was there nothing shady going on when FBI Director James Comey got fired there isn’t even any potentialshadiness to investigate because the president is allowed to be as shady as he wants to be when it comes to overseeing federal law enforcement. He can fire whoever he wants. Shut down any investigation or open up a new one.

Indeed, the President not only has unfettered statutory and Constitutional authority to terminate the FBI Director, he also has Constitutional authority to direct the Justice Department to open or close an investigation, and, of course, the power to pardon any person before, during, or after an investigation and/or conviction. Put simply, the Constitution leaves no question that the President has exclusive authority over the ultimate conduct and disposition of all criminal investigations and over those executive branch officials responsible for conducting those investigations.

This is a particularly extreme version of the “unitary executive” doctrine that conservative legal scholars sometimes appeal to (especially when there’s a Republican president), drawing on the notion that the executive branch of government — including the federal police agencies and federal prosecutors — are a single entity personified by the president.

But to push that logic into this terrain would not only give the president carte blanche to persecute his enemies but essentially vitiate the idea that there are any enforceable laws at all.

Donald Trump’s impunity store

Consider that if the memo is correct, there would be nothing wrong with Trump setting up a booth somewhere in Washington, DC where wealthy individuals could hand checks to Trump, and in exchange Trump would make whatever federal legal trouble they are in go it away. You could call it “The Trump Hotel” or maybe bundle a room to stay in along with the legal impunity.

Having cut your check, you’d then have carte blanche to commit bank fraud or dump toxic waste in violation of the Clean Water Act or whatever else you want to do. Tony Soprano could get the feds off his case, and so could the perpetrators of the next Enron fraud or whatever else.

Perhaps most egregiously, since Washington DC isn’t a state all criminal law here is federal criminal law, so the president could have his staff murder opposition party senators or inconvenient judges and then block any investigation into what’s happening.

Of course, as the memo notes, to an extent this kind of power to undermine the rule of law already exists in the form of the essentially unlimited pardon power. This power has never been a good idea and it has been abused in the past by George H.W. Bush to kill the Iran-Contra investigation and by Bill Clinton to win his wife votes in a New York Senate race. Trump has started using the power abusively and capriciously early in his tenure in office in a disturbing way, but has not yet tried to pardon his way out of the Russia investigation in part because there is one important limit on the pardon power — you have to do it in public. The only check on pardons is political, but the political check is quite real (which is why both Bush and Clinton did their mischievous pardons as lame ducks) and the new theory that Trump can simply make whole investigations vanish would eliminate it.

This issue is bigger than Comey or Mueller

Much of the argument about Trump and the rule of law has focused rather narrowly on the particular case of Comey’s firing and the potential future dismissal of Robert Mueller.

These are important questions, in the sense that an FBI Director is an important person and a special counsel investigation is an important matter, but the memo is a reminder that they offer much too narrow a view of what the real extent of the problem is here.

One of the main purposes of the government is to protect the weak from exploitation at the hands of the strong by making certain forms of misconduct illegal. Trump’s assertion that he can simply waive-away investigations into misconduct because he is worried that the investigation might end badly for his friends or family members is toxic to that entire scheme. Trump, like most presidents, has plenty of rich and powerful friends and a much longer list of rich and powerful people who would like to be his friends.

If he really does have the power to just make anyone’s legal trouble go away because he happens to feel like it, then we’re all in a world of trouble.

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