That’s Laurence Tribe, the brilliant academic and lawyer who advised Joe Biden to go ahead and illegally extend the eviction moratorium, a move that was eventually struck down by the Supreme Court. Tribe is also the genius that told Pelosi to hold onto the articles of impeachment against Trump in some ridiculous gambit to gain “leverage” over Mitch McConnell. In other words, he’s an absolute mental derelict who’s prone to peddling conspiracy theories and offering horrible legal advice.
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| Is a coincidence that liberal legal experts are both wrong all the time and always demanding that we pack the courts with more liberal justices? |
You do not need to be a lawyer to understand how subpoenas and privilege work, though, apparently being one that appears on MSNBC actually decreases your understanding of the issue. Trump has a right to instruct his former executive employees to reject the subpoenas on the grounds of executive privilege. That will then be litigated in the courts, likely all the way to the Supreme Court. Is it a stalling tactic meant to continue through 2022, at which point Republicans likely take back Congress? Probably, but the January 6th committee is a joke and deserves to be shunned with every legal maneuver available.Of course, the bigger issue here is that there is no actual Judge who signed off on any subpoenas issues for any criminal investigation. These are congressional subpoenas and the charge would officially be "contempt of congress" rather than obstruction of justice. This is also why these sorts of inter-branch disputes are so often settled in court. At this point it would be akin to law enforcement writing up their own subpoena without a judge's signature.
Every President from Trump to Obama to Bush to Clinton to Bush to Reagan at times have claimed privilege. Some of them won those battles in court and some of them lost them in court. But simply making the claim and allowing the courts to decide is not obstruction.
Not even when the bad orange man does it.
42 comments:
Watching prominent, supposedly intelligent people as well as mentally ill nursing residents become completely consumed by this is nothing short of fucking hilarious.
Newsflash from the North American Man-Boy Lincoln Association:
‘Your tears, as ALWAYS, are delicious’: Rick Wilson throws a FIT in thread admitting ‘Trump wins’ because 1/6 commission is ‘dead already’
https://twitchy.com/samj-3930/2021/10/08/your-tears-as-always-are-delicious-rick-wilson-throws-a-fit-in-thread-admitting-trump-wins-because-1-6-commission-is-dead-already/
LOL.
Today’s jobs report reveals a striking thing: A large portion of the American Workforce is now effectively on strike.
FRIDAY, OCTOBER 8, 2021
The U.S. added just 194,000 jobs in September, down from the 366,000 added in August and far below the million-plus in July (before the Delta variant took hold). This is being described in the media as a disappointment or a problem, but a closer look reveals something quite different.
We’re still 5 million jobs below February 2020 levels, and 2.7 million people have been out of work for six months or more, the standard threshold for long-term unemployment. Many of these people are hurting, to be sure.
But the number of job openings is at a record high, and many employers report having a hard time filling positions. Why? Some workers have retired early or found other ways to make ends meet. Others simply don’t want to return to backbreaking, low-wage shit jobs.
Note that the share of people who were working or looking for work last month (the labor force participation rate) dipped to 61.6 percent, down slightly from the prior month. Participation for people in their prime working years, defined as 25 to 54 years old, also ticked down.
In other words, many American workers are now engaged in the equivalent of a general strike.
As a result, employers are raising wages and offering other inducements to lure applicants. Average earnings rose 19 cents an hour in September and are up more than $1 an hour over the last year, after a series of strong monthly gains. Average hourly earnings have jumped by 4.6 percent over the last year.
Corporate America wants to frame all this as a “labor shortage.” But that’s not what’s really going on. In reality, there’s a living wage shortage, a hazard pay shortage, a childcare shortage, a paid sick leave shortage, and a health care shortage – and American workers are demanding an end to all these shortages. Or they won’t return to work.
They deserve it.
Sorry, the page you were looking for in this blog does not exist.
Under federal law, former presidents ask the current president to withhold any documents created during previous administrations, which are held by the National Archives. Trump’s next step would be filing a lawsuit against the archives, but he faces long legal odds.
The courts have never definitively said how much authority former presidents have to assert the privilege once they’re out of office. But as a practical matter, the views of the current president carry considerable weight. The Supreme Court ruled in 1977 that the incumbent president “is in the best position to assess the present and future needs of the Executive Branch.”
What’s more, the privilege is not absolute. Courts apply a balancing test in deciding whether it should apply.
The Supreme Court also said the privilege is limited to communications “in performance of [a president’s] responsibilities,” which might not cover discussions of how to get the Justice Department to undermine confidence in the election results.
In reality, there’s a living wage shortage, a hazard pay shortage, a childcare shortage, a paid sick leave shortage, and a health care shortage – and American workers are demanding an end to all these shortages. Or they won’t return to work.
ALL caused by the left - unnecessarily - because we had to get rid of the "bad orange man."
And now the usual assholes reuse to take the blame for pile-driving a $23 TRILLION ECONOMY INTO THE FUCKING GROUND.
Embrace the suck of your failure, alky.
Oil and gas prices are the highest they've been in 7 years. More Biden incompetence driving the country to ruin.
Politico reports that it would take some time.
But because the former is tried to overturn the Constitution of the United States of America, even the conservative Supreme Court is unlikely to side with you and Trump
Any move by the Jan. 6 committee to hold a witness in criminal contempt would first require the panel to vote on a contempt resolution. That resolution would then move to the House floor for a vote.
The select panel investigating the insurrection by Trump supporters had subpoenaed four onetime aides to the former president: former White House chief of staff Mark Meadows, longtime Trump adviser Dan Scavino, former Trump Pentagon aide Kash Patel and Bannon. All were asked to provide documents by Thursday, and the panel is also seeking to depose the four men next week.
A lawyer for Meadows didn't immediately return a request for comment on the subpoena deadline.
Patel said in a statement Thursday that “I will continue to tell the American people the truth about January 6, and I am putting our country and freedoms first through my Fight with Kash initiative.”
The Jan. 6 committee declined to comment on the status of its subpoena to Scavino, who was not mentioned in Thompson and Cheney's statement.
If any of the foursome don’t comply, the committee could seek criminal contempt referrals, which would require the House to take a full floor vote when it returns to session later this month. That move, if taken, would send the matter to the Justice Department for review. It’s unclear whether DOJ would act quickly on any prospective referrals, but members of the Jan. 6 panel have expressed hope that the Biden administration would act urgently.
Next week’s deadline for depositions from the subpoenaed former Trump aides would be more significant, according to sources close to the committee, given that the foursome still has time to comply. If they didn’t show up in the coming weeks, the committee could meet to consider a referral, then vote and send it to the full House for consideration.
Rep. Thompson has indicated he wants to complete its investigation by the spring. That time frame, if the nine-member bipartisan panel wants to stick to it, does not allow for protracted legal battles over enforcing subpoenas or litigating against recalcitrant witnesses.
Heather Caygle and Natasha Korecki contributed to this report
Tribe said
The coup’s failure in 2020-21 mustn’t give us false confidence in 2024-25. Although Trump won’t have the benefits of incumbency, he’s systematically changing the shape of the battlefield, the troops on the ground, and the rules of engagement.
https://t.co/ufLyrXaZbB
As usual you selected one incident
Challenging assignment:
Explain why this isn’t criminal obstruction of justice and of Congress, committed in plain sight.
https://t.co/tROZz07qBJ
https://twitter.com/tribelaw/status/1446198750716825606?t=tEHbq-OjCud6MUebGRNxaw&s=19
Tribe's Stage IV TDS is as bad as yours, alky.
If you require people to leave the fucking workforce to lower the unemployment rate, you are, by definition, a FUCKING FAILURE.
So naturally your fanboi's need a Laurence Tribe-level, TDS-fueled diversion to avoid the obvious.
Bidenomics Sucks.
"MyballsOctober 8, 2021 at 3:29 PM
Oil and gas prices are the highest they've been in 7 years. More Biden incompetence driving the country to ruin."
By design.
As RRB correctly stated it is not " a tick" it is a "Trait" of socialism.
The vastly uninformed Alky said US workers are on "Strike".
Ok, cut off all payments.
What's the latest on the TX school shooter?
The only school shooter in the history of school shooters to be out on bail and free as a fucking bird THE NEXT FUCKING DAY.
Roger of " Kerry in a Landslide" fame
Predicted " by this Fall, The Biden economic boom will have us back to pre- covid employment levels.
🤣😂
The vastly uninformed Alky said US workers are on "Strike".
Ok, cut off all payments.
Yep.
Take away their fucking welfare that WE'RE paying for.
That'll get their attention. Lazy cocksuckers.
Covid strike my ass. Let them fucking STARVE to death. then the landlords who own the places they've been squatting in rent free can return to normal by renting to HONORABLE paying folk.
Predicted " by this Fall, The Biden economic boom will have us back to pre- covid employment levels.
And they only needed a permanent exodus from the workforce to get there.
Let's Go Brandon!
Roger has a life time of bad choices and errors in judgement .
"We’re still 5 million jobs below February 2020 levels"
So, Roger why has your prediction failed?
Biden again turns his back on reporters. Hr neexs to answer the fuckin questions. But he's not capable of it. What a puppet president.
Explain why this isn’t criminal obstruction of justice and of Congress, committed in plain sight
Because... by law... there is no criminal obstruction of justice for defying a congressional subpoena for any reason (only contempt of congress). Lawrence Tribe should actually know that as a legal scholar considering most bloggers understand that law.
Secondly... by precedent President's are allowed to assert privilege. There is nothing illegal about asserting that, and Presidents have always been given the opportunity to present that case in court.
So that is the most basic explanation.
Both the law and precedent are on Trump's side.
Neither the law or precedent is on Tribe's side.
Which is why he is simply pounding the table.
Do you have the ability to think for yourself her Roger or are only capable of following what a washed up, always wrong, former legal scholar turned MSNBC partisan hack media analyst?
Harvard University.
Former President Trump has said he will assert executive privilege to prevent records related to the January 6 attack on the Capitol being turned over to Congress. Can he do that?
Eggleston: The law is actually fairly clear on this, although there’s always the issue of whether this new Supreme Court would follow the pretty settled law or not. So, let me give you two answers, the first administrative and the second legal. First, neither the current president nor the prior president has physical custody of the materials from the prior presidents. All of these materials are stored at the National Archives. I dealt with this as the last White House counsel for Obama, when we had the enormous processes of transferring our data out of the White House and to the Archives. If there is a request for what would otherwise be privileged material regarding a prior presidency, representatives of the prior president are supposed to consult with representatives of the current president, and then the current president decides.
Credit: SAUL LOEB/AFP via Getty Images(From left) President Barack Obama, Attorney General Eric Holder, and White House Counsel Neil Eggleston at the White House in 2014.
When I was White House counsel, that happened from time to time with regard to communications out of the George W. Bush White House. My office would consult with the person that President Bush had designated to represent him for this purpose. During my time as White House counsel, there was never an objection from the prior president to releasing those materials. So, we never actually had to test to the limits of the law.
Separately, there’s a Supreme Court case called Nixon v. General Services Administration, the agency that had possession of the records of former President Nixon. Congress had passed a law to allow the GSA to seize and preserve all President Nixon’s presidential records. President Nixon sued, claiming the act was unconstitutional. The Supreme Court upheld the law and basically decided that the current president is the right person to make judgments about the assertion of executive privilege. That’s because under our system, the authority attaches to the office, not the human. President Biden has this power because he’s president, not because he’s Joe Biden. And when President Trump was in office, he had the power because he was President Trump, not because he was Donald Trump. So, I think the law is pretty well settled. But again, we have many years later a very new Supreme Court.
https://today.law.harvard.edu/can-donald-trump-still-assert-executive-privilege/
Well that would be fine and dandy Roger... if Tribe was talking about national archives.
But what is at issue is whether or not Trump can assert privilege to prevent personal documents and testimony (which are the portions of the subpoena that Trump is asserting privilege on).
More to the point, even this article is suggesting that this matter will be eventually settled at the Supreme Court level. This article is not claiming that the President is breaking any laws by asserting privilege, just that they believe that he will eventually lose the lawsuit.
Which... actually proves MY POINT again.
Thanks for giving it the old I-did-not-go-to-college try.
Since this isn't about Trump breaking the law.
If the standoff does end up in court, it would pit the executive branch's interest in confidentiality against the committee's investigatory needs. The Supreme Court has ruled that a former president has some standing to assert executive privilege, but the scope of it is largely unsettled.
Such a court fight would also put the Biden administration in a position where it would have to balance the investigative efforts with its own interests in executive branch privilege.
"While the Biden Administration is certainly keen to encourage as much transparency and disclosure here, and they have already permitted more than was expected, there are legitimate executive privilege concerns that could be implicated and that might be defended by the incumbent administration," said Bradley Moss, a lawyer specializing in national security law.
"It will be a case-by-case assessment, and no one should assume Biden will simply allow the Government to throw open everything to Congressional investigators. There is an institution and precedent with respect to the Office of the President that Biden will still want to protect, within reason."
Moss added that Trump would face different hurdles in a court challenge against the document requests versus a case over the subpoenas to his inner circle.
"Mr. Trump's ability to invoke executive privilege with respect to testimony, as opposed to records, is even weaker, as the PRA does not truly encompass the issue," he said. "That would be strictly an issue for DOJ to evaluate, but which Mr. Trump could, if he was truly feeling bold, try to litigate in court. He would ultimately lose."
Other legal experts say that there are a lot of open questions about the extent to which former presidents can invoke privilege, and that those questions would likely prevent any quick resolution in the courts.
Emily Berman, a professor at the University of Houston's law school, said there is a lot of uncertainty around how such a case might play out and that the outcome would be influenced by a long list of factors.
"The extent to which former presidents can claim privilege is something that hasn't been worked out through the courts," Berman said. "There aren't clear rules and there are lots of variables that might differentiate some people's conversations [with Trump] from others, and some documents versus some other documents."
"For example a former president's privilege claim is deemed much stronger if the current president supports it," she added. "We've never been in a situation where there was a prior claim that was not supported by the incumbent, because presidents, when it comes to their turn to be the former president, they want to be able to do that same thing."
Berman added that Trump's goal may be to tie up some of the subpoenas in court in the hope of stalling the investigation.
"We saw this with other attempts to get information from President Trump, you go to the court and it takes a year and a half to come to a conclusion," she said. "You know that Republicans might be in control of the House at that point and so I think even if you have quite weak legal arguments the tactic of, 'let's get this tied up in the courts and simply delay' - that's one that's worked for the former president in the past and I don't see any reason why he wouldn't try to do the same here."
But ultimately, Shaub said, Trump may not be able to block the committee from getting a clear enough picture to carry out the probe.
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The old non lawyer education person arguments..lol
,From what I have been reading Trump will eventually lose his lawsuit.
The integrity of the U.S. is at risk.
Both domestically and foreign.
You from day one of January 6th you didn't think it put us at risk.
I will never understand why you said that.
https://thehill.com/regulation/court-battles/573886-executive-privilege-fight-poses-hurdles-for-trump
The football game this weekend is between two of the truthers.
Kansas and Buffalo..
Kputz and rrb!
I haven't seen Buffalo Bills yet because I have access I might watch one of them.
From what I have been reading Trump will eventually lose his lawsuit.
Possibly...
But everything you are bringing up here Roger is reinforcing the idea that he is entitled to make that argument (win or lose) in court. None of your other experts here are arguing that this thing going to court is akin to Trump committing a crime.
Is it even remotely possible that you see the difference between arguing that Trump will lose in court and demanding that he committed obstruction of justice and should be prosecuted?
Scott, the odds of being prosecuted are astronomicaly high.
Unless something unprecedented happens during the hearing, no way.
Given his history of getting others to take the risk, and the loyalty he has.
It's almost zero chance.
You probably won't read it but a black principal was fired for teaching CRT
Hundreds of young women in Texas were demanding him being reinstated. He lost his job.
https://www.washingtonpost.com/education/interactive/2021/texas-teens-whitfield-critical-race-theory/
Perhaps because he was married to a white woman.
Ot perhaps 5he school board told him both to teach CRT and he did it anyway. Not everything is racist.
I'm closer to buffalo than rat
Blogger Roger Amick said...
You probably won't read it but a black principal was fired for teaching CRT
Here's what else the media is suppressing -
the BLACK Texas school shooter who's - as Bill Ayers was fond of saying - guilty as hell and free as a bird.
The nation has been so fucked up since Junkie Floyd overdosed the DA in TX will probably charge the victims with a hate crime once they leave the hospital.
Anonymous Myballs said...
I'm closer to buffalo than rat
Yes you are. How's your local violent crime spree going? I see Lovely is finally out on her ass as she should be, but her replacement looks just as fucking stupid.
Blogger Roger Amick said...
Scott, the odds of being prosecuted are astronomicaly high.
So says Captain Sec. 320.
Why don't you explain your reasoning - without several fucking plagiarisms, or any plagiarisms at all?
We had the mayor and police chief both resign this week. And the mayor pled guilty. Love having the adults in charge here in NY.
Biden approval now under 30 with Indy voters. It'll Just keep getting worse. If the top takes the house next year, it's a certainty thay he gets impeached.
Scott, the odds of being prosecuted are astronomicaly high.
Would you like to make a wager on whether or not authorities charge Trump with obstruction of justice for claiming privilege?
Since you seem to believe (in spite of citing two articles proving my point) that doing so is criminal behavior?
I mean, you do realize that if the courts decide that privilege is not warranted, they simply order the testimony or material to be handed over? They don't order anyone's arrest and losing the court case doesn't make it a crime?
I mean... you DO understand that?
Let's go Brandon.
"U.S. crude oil price tops $80 a barrel, the highest since 2014
PUBLISHED FRI, OCT 8 2021 "
Biden Policies thru his Executive Oders caused this by crippling the US Oil/gas production.
Putin was given a gift from Biden.
Now Putin control the Price of Natural Gasoline.
😃Would you like to make a wager😃
Roger can wager two juice boxes.
Stroke Victim Alky .
"I haven't seen Buffalo Bills yet because I have access I might watch one of them"
Just damn.
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