Cobb: If I can go back again, the acknowledgemnent that it can't be for mere policy disagreements....the president's letter does not reflect that, and the court must be highly deferential. But that does't mean an inquiry doesn't take place...
Cobb: If I can go back again, the acknowledgemnent that it can't be for mere policy disagreements....the president's letter does not reflect that, and the court must be highly deferential. But that does't mean an inquiry doesn't take place...
Ask no questions, you’ll get no lies
Roth: Way I read cases is that when the president makes decision that on its face is valid, you don't probe the motivations. That's Trump v. Hawaii. We litigated that
Here’s where we need to cut to the chase, charge John Roberts with treason Dispense with this Unitary Executive nonsense that’s UNCONSTITUTIONAL
He is not a fucking king. A blind man can see the reason behind this. He's harped on it for the entire time he's been in office. The SC won't let him fire Powell so he's going after the others.
Yes even in trump v us the entire court said presidents weren’t above the law.
Cobb says she doesn't have further questions. Lowell pops up for the last word on several points.
Lowell: Gov. takes the position that president does have Article II removal power here but chose to frame it as cause. Also takes view that "cause" can be "any reason" to call into question a person's fitness....What does that mean? Any reason?
Lowell highlights that the breadth of the government's definition of "cause" renders the word essentially meaningless.
There are centuries of common-law authorities on what constitutes “cause” for terminating an employee.
Lowell: Government complains that no explanation has been given, but the briefing in this litigation is not the place for that.
Lowell: There was no notice/opportunity to be heard. First Pulte does it privately to the AG on the 15th, then does it publicly on the 20th. That is supposed to satisfy due process? I don't think so
Lowell: Need to point out contradictions in position of the government as to remedy. On one hand say that she had opportunity to be heard but didn't respond. On other hand say she has opportunity here and could put explanation in her brief.
Pulte has done it privately to the AG on others for the exact same thing. Dems need to start looking at Rs' mortgage apps.
💯
I thought same. Many discrepancies to be found. Including R’s who vote in two locations, or split.
Exactly! e.g. Mark Meadows
Roth briefly responds to Lowell's remarks. We're here in equity, Roth says. They need to show why it would matter if she had opportunity to speak to president, but she hasn't. That's why explanation matters
Why would she want to speak to the president? The person making the charge is Pulte. Due process means defending herself against him with a neutral third party making the decision, the courts because of the constitutional implications. IANAL, so maybe I'm missing something?
Lowell made that exact same argument - that she answer Pulte.
Does Roth uphold racism?
Roth then addresses Lowell's argument about the Dellinger case. Under Dellinger, that was stayed, he reminds Judge Cobb. He was allowed to remain but then DC Cir stayed that and he dropped case.
Lowell and Roth are done, and Judge Cobb turns to scheduling matters. She says the parties should discuss what they want to do [re: briefing], will give them opportunity to supplement if needed. Lowell to file reply by Tuesday.
Seems it’s as simple as Trump doesn’t want the public to know if there is cause or not. She’s just being fired because he wants to—so he can take more control of the board, interest rates are lowered to Trump’s satisfaction, and Pulte sells more homes.
Cook is being fired because she’s a black woman and Trump hates black women, and black Americans, with the force of million racist suns.
usually, it's the president who asks for a meeting, not the person being (metaphorically) executed without trial ...
Great job, Anna!
I guess lowell doesn’t think twitter fights constitute notice and opportunity to be heard.
The govt argument seems aimed more at the supreme court. Cook may win this battle (or maybe not), but the war seems unwinnable with this SCOTUS.
It’s actually fascinating, because they explicitly said a month ago that Trump cannot fire Fed Governors. They were extremely clear on that. This case is likely going to get back to SCOTUS, and they are going to have to decide to either stand up to Trump and uphold their ruling or go back on it.
So, if the lower courts disallow this firing on that basis, SCOTUS should simply deny cert.
Haha, that is not how they roll when it comes to daddy T.
Yep, I can't remember if it Roberts or someone else but they recently singled out the Fed. I guess they could find T has cause....but it is all accusation, no indictment and certainly no conviction yet.
If alleged misconduct from before being appointed to government service is disqualifying, he's got a lot more firing to do.
Including himself
Can’t for the life of me imagine who you might be referring to. 🙄
unless scotus changes course, what it said in the two cases Roth brought up about article II authority, then the unique character and position that the FED has/enjoys in terms of governance & most importantly independence then trump should lose
I feel like in that case, they were more concerned about the fed chair. In any case, they haven't had a problem reversing themselves when the need arises (fear of Trump).
I agree that they could change their tune. but there was no distinction between a board member and the chair. the FED Reserve Act makes no distinction either. Can only be removed for cause
Well at this point I'll consider it a win if it even gets to SCOTUS. Everyone he targets needs to adopt the strategy he uses: drag it out as long as possible.
They’re going to use this case to redefine “cause” in every way possible. Including the 4th amendment. If “cause” is re-interpreted by the regime through the courts, they’ll wield it against the people, starting with their opposition.
Does that mean we're fucked, that Trump wins again?
I think the fact the DOJ is using "maybe if you plead nicely POTUS will have mercy on you" arguments IN COURT means we're already pretty cooked
Is there a presumption that the government has to show cause? To what body? Congress or courts? Is the government treating this as a military relief for cause due to a loss of trust and confidence? The government isn’t a military dictatorship.
Seriously, fuck you buddy
"For cause" doesn't mean much if the President is the sole decider of what constitutes cause.
This decision is not, on its face, valid.
Fsck off you don't probe the motivations. That might be the case in *normal* administrations but there is a lot of water under bridge here, not least Trump and Pulte's own public comments.
MUST IT, THOUGH, COBB? MUST THE COURT BE HIGHLY DEFERENTIAL? SEEMS LIKE AFTER A DECADE OF FIVE-ALARM FIRES MAYBE WE *DON'T* GO THE HIGHLY DEFERENTIAL ROUTE?