Forces the contemptuous officials to endure the process every time, instead of getting a permission slip from SCOTUS to keep doing crimes bsky.app/profile/hera...
Forces the contemptuous officials to endure the process every time, instead of getting a permission slip from SCOTUS to keep doing crimes bsky.app/profile/hera...
Thank you.
Only for past conduct though. Cannot excuse conduct that had not yet taken place at the time it was issued bsky.app/profile/benh...
There are scholars on both sides of that question. IMO yes, based on the plain wording of the pardon clause (contempt is "an offense against the United States," regardless of the reason why it was levied) bsky.app/profile/cesm...
Then make him issue pardons all day long.
*Exactly*
The power of the judiciary is a moral power. It can't force the public to act, but it can tug at its conscience, as hard and often as it must.
many such groups who have the power to tug at the nation's conscience, many are choosing not to do so
What movie is that from /s/
In England of old, were pardons available to those in debtor's prison?
Could be both. Typically a judge would order an official to appear; then if they refuse, issue an order for them to show cause why they should not be held in contempt; then issue the contempt order bsky.app/profile/xeht...
Probably no one, since he's been released.
Sorry, didn't mean to poop on things. It's an interesting scenario I've wondered about, too.
At some point you need someone with silver bracelets to make it real. If you hold Bondi in contempt, but the Marshal Service won't arrest her, you go to a state/local department willing to make it happen bsky.app/profile/raja...
Good Crisis delayed a little bit longer 1,311 days to go bsky.app/profile/tali...
Sure. That's 5 minutes a day he's not doing something else ~110 hours, if he were to do that every morning between now and when his term ends bsky.app/profile/benh...
Jesus, that’s more than 30 rounds of golf! No way that’s happening. (cron + the autopen will fix that, sadly.)
Yep. Immigration court is an "Article I" court, b/c it's a tribunal created to help carry out an enumerated power of Congress bsky.app/profile/tkna...
I stand corrected -- and turns out the immigration system is even more f*cked up than I thought 😬 ⬇️⬇️⬇️ bsky.app/profile/reic...
Right, so they're Article II courts...
@gregdoucette.bsky.social > The judiciary's contempt authority is inherent. Nothing stops them from enlisting state/local law enforcement to arrest executive contemnors Is the latter really true? Honest question. Interesting! I am aware of the option of using a private prosecutor, but […]
it is shenanigans all day in there, Sally has horror stories.
Greg. The level of fucked up is frankly astounding.
This brings up a question I've had for close to a decade now: Is there a way a law could be structured that would convert them to Article III, thereby requiring the same rules of evidence and procedure as federal courts?
Actually, no, immigration courts are not even Article 1 courts. Immigration judges are technically DOJ attorneys, not even ALJs. There was a big push for years to make them an Article 1 court, since that would insulate them somewhat from political interference, but no bill ever passed.
That's why their "hearings" right
And considering he’s only willing to work maybe an a hour a day, that 5 minutes is more significant than it appears.
Do pardons preclude suspension of law licenses or disbarment?
I would assume not, since all he can do is pardon federal crimes. The President has no authority over who gets to keep their law license or disbarment proceedings, neither of those things are a criminal matter.
also I feel like at least one lawyer will appreciate that autocorrect tried to change "disbarment" to "disharmony"
Causing disharmony, via disbarment, for complicit DOJ lawyers would not be dissatisfying.
Oh, thank God
Do judges have any role in referring disbarments? I think threatening their ability to earn a living would be a shit-ton more motivating than possibly-toothless contempt orders.
Yes. Judges can refer attorneys to standing committees in their own districts and send notices to the bar for consideration of discipline. But they can’t force the bar to act. Florida has been saying they won’t open a case on an elected federal official.
Fellow named Emil Bove has coerced his subordinates into breaking oaths beyond question. He want elected to anything. There’s an example to make.
Him getting confirmed would/will be a nightmare. Him getting treated like Bork shouldn’t be controversial. But I have little hope.
I am absolutely at the ready to be deputized by any judge in order to round up some of these Trump administration miscreants and introduce them to the joys of busting rocks should the need arise. I've got my own handcuffs and everything... well, my wife usually uses them, but I can borrow them.
Can't they just deputize whoever they want to do it, not restricted to just other LEOs?
The problem is whether you can find a state/local department willing to go up against armed feds, because an admin that does not comply with court orders is not going to comply with state/local law enforcement. And I think the Posse Comitatus Act prevents the courts from deputizing the military/NG
Yeah but can’t he just take 5 minutes every morning to just scribble “I hereby pardon all DOJ attorneys for any contempt charges they may have received yesterday”?
Also eats up the time in which this SCOTUS could be making really stupid and damaging rulings. Make them burn their time, every time.