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(Talking Points Memo)   GOP-laundered federal judge pens opinion stating the president is essentially above the law   (talkingpointsmemo.com) divider line
    More: Murica, President of the United States, United States, Law, full House vote, Impeachment, Legislation, Judge Neomi Rao, House Democrats  
•       •       •

3168 clicks; posted to Politics » on 11 Oct 2019 at 4:22 PM (8 weeks ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2019-10-11 03:17:45 PM  
What part of "The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment. " does this judge not understand?
 
Xai [TotalFark]
2019-10-11 03:38:37 PM  
So this means we can vote Obama in again since laws don't apply to the president.
 
2019-10-11 03:50:26 PM  

meat0918: What part of "The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment. " does this judge not understand?


The word chuse, probably.
 
2019-10-11 03:59:28 PM  
She sounds like she has blood coming out from her eyes.
 
2019-10-11 04:11:51 PM  
Apparently she does not know what the three branches are for.
 
2019-10-11 04:14:32 PM  
She's making the same argument some of my mom's lovers have made recently, that Congress has powers on paper but can't exercise them if they'll in any way convenience anyone.

So, yeah, a monarchy.
 
2019-10-11 04:19:41 PM  

NateAsbestos: She's making the same argument some of my mom's lovers have made recently, that Congress has powers on paper but can't exercise them if they'll in any way convenience anyone.

So, yeah, a monarchy.


I love the filter pwns, but sometimes the original sentiment needs to come through.
 
2019-10-11 04:24:50 PM  
Fark user imageView Full Size
 
2019-10-11 04:25:06 PM  
They can impeach her as well can't they ?
 
2019-10-11 04:25:18 PM  
Breaking:

Shepard Smith tells Fox News he's had enough of their sh*t.
 
2019-10-11 04:25:40 PM  

NateAsbestos: She's making the same argument some of my mom's lovers have made recently, that Congress has powers on paper but can't exercise them if they'll in any way convenience anyone.

So, yeah, a monarchy.


Your mom needs smarter lovers, but then, she may not be able to pay the rent
 
2019-10-11 04:26:41 PM  

GardenWeasel: NateAsbestos: She's making the same argument some of my mom's lovers have made recently, that Congress has powers on paper but can't exercise them if they'll in any way convenience anyone.

So, yeah, a monarchy.

I love the filter pwns, but sometimes the original sentiment needs to come through.


Yes, but Drew got his fee-fees hurt :( :( :(
 
2019-10-11 04:27:05 PM  
A useless opinion that has no legal force. (shrug)

So we CAN ignore her.
 
2019-10-11 04:27:30 PM  

meat0918: What part of "The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment. " does this judge not understand?


Did the house of representative give him money? No? Then he doesnt understand.
 
2019-10-11 04:27:49 PM  

Badmoodman: Breaking:

Shepard Smith tells Fox News he's had enough of their sh*t.


Something really happen?
 
2019-10-11 04:28:09 PM  

Badmoodman: Breaking:

Shepard Smith tells Fox News he's had enough of their sh*t.


Righttt. He should stay on fox and tell it like is till he gets fired
 
2019-10-11 04:30:00 PM  
Ladies and gentleman, your next Trump chosen SCOTUS Nominee...
 
2019-10-11 04:30:08 PM  

SpectroBoy: Badmoodman: Breaking:

Shepard Smith tells Fox News he's had enough of their sh*t.

Something really happen?


Google news says he's out.

Someone far more clever and funny than I will probably get an easy, quick greenlight out of it!
 
2019-10-11 04:30:35 PM  
"voted 2-1 to uphold the subpoena."


Why you lie fark?

Why you hurt me?
 
2019-10-11 04:31:24 PM  

lolmao500: Badmoodman: Breaking:

Shepard Smith tells Fox News he's had enough of their sh*t.

Righttt. He should stay on fox and tell it like is till he gets fired


23 years is a LONG time to eat sh*t from morans like Hannity and F*cker Carlson for reporting truth
 
2019-10-11 04:31:42 PM  

SFSailor: SpectroBoy: Badmoodman: Breaking:

Shepard Smith tells Fox News he's had enough of their sh*t.

Something really happen?

Google news says he's out.

Someone far more clever and funny than I will probably get an easy, quick greenlight out of it!


The day after Barr talks to Murdoch?
 
2019-10-11 04:32:08 PM  
If a Trump-appointed appellate judge could have her way, Congress could only investigate presidential misconduct if it formally opened an impeachment inquiry - and went through an extensive process that included a full House vote. "

The Constitution doesn't stipulate that "official" impeachment inquiries must even exist, it only says that the House has the duty and ability to oversee the executive branch.  It isn't for the judicial branch to determine what rules the House wants to set about how to go about that oversight.
 
2019-10-11 04:33:26 PM  
verfassungsblog.deView Full Size
 
2019-10-11 04:34:05 PM  
I thought you guys fought a war to get rid of kings...
 
2019-10-11 04:34:48 PM  
Good news, Congress ACTUALLY can impeach her, too!
 
2019-10-11 04:35:14 PM  
Fortunately, Rao was in the minority opinion.

Once more, full ruling here; dissent starts around page 67 of the PDF.

Smelly Pirate Hooker: A useless opinion that has no legal force. (shrug)

So we CAN ignore her.


Mostly. One of the actual lawyers in the earlier thread's Fark commentariat hypothesized (if I understand him) that she was giving an originalist road map for the SCOTUS. Which is to say, since Thomas and Alito won't, we can't either.

mitEj: They can impeach her as well can't they ?


In theory. In the other thread, I even argued that she could be impeached for what she said in this very ruling. In practice, the chances of the Senate going along with the ploy verge on nil.
 
2019-10-11 04:35:31 PM  
She kind of looks like Jabba the Hutt.
 
2019-10-11 04:35:35 PM  
'judge'
 
2019-10-11 04:36:30 PM  

Badmoodman: Breaking:

Shepard Smith tells Fox News he's had enough of their sh*t.


So this is what the Barr meeting was for.
 
2019-10-11 04:36:47 PM  

moulderx1: "voted 2-1 to uphold the subpoena."


Why you lie fark?

Why you hurt me?


This was the dissenting opinion, where a judge feels comfortable publicly advocating for outright fascism.
 
2019-10-11 04:36:58 PM  
Ctrl + F "dissent". no results found in fark comments.


Calm down people she is the dissenting opinion on a 3 person panel.

Yes, she is a complete farkwit idiot, if you ever find yourself in front of her, expect to be on appeal very soon after you do see her.

Yes this world is full of idiots, and here we have one who thinks the judicial branch can set legislation. She literally wants to legislate from the bench

/ P.S. hire competent lawyers. Spend every penny you have, because all it takes is one misstep by any person and you could paying maximum penalties.
// This is why rich people do not go to prison for the most part, lawyers can tie things up for decades, at least for the right sum they can.
 
2019-10-11 04:36:58 PM  
Wasn't one of their attempted angles of defense what the legal meaning of "shall" is?

Ok, fine. Whatever definition they want to land on for "shall" in "shall furnish", that's the definition that will be used in "shall not be infringed".

Deal?

moulderx1: "voted 2-1 to uphold the subpoena."


Why you lie fark?

Why you hurt me?


Because TPM:

For now, the views that Judge Neomi Rao expressed in a dissent Friday will have no effect in a dispute between House Democrats and President Trump over the House's subpoena of his accounting firm for his financial records.

Ooga booga booga give us your money now!
 
2019-10-11 04:37:28 PM  

RogueWallEnthusiast: I thought you guys fought a war to get rid of kings...


You're thinking of the old timeline.
 
2019-10-11 04:38:10 PM  
perhaps someone needs to start asking questions about whether originalism is a genuine position, or just a way of enabling judges to justify unreasonable rulings
 
2019-10-11 04:39:20 PM  
Investigations of impeachable offenses simply are not, and never have been, within Congress's legislative power," she said.

I think someones named Johnson, Nixon and Clinton would like to have a word with her.
 
2019-10-11 04:39:27 PM  
This judge and the rest of the Trump crew are willingly ignoring that impeachment is a legislative process, not a criminal one. Pelosi can subpoena half the nation and watch every video of Trump hatefarking his daughters, but at the end of the day all she can do is recommend impeachment to the Senate. There's no guilt established, no jail, nada.
 
2019-10-11 04:40:28 PM  

Gawdzila: " If a Trump-appointed appellate judge could have her way, Congress could only investigate presidential misconduct if it formally opened an impeachment inquiry - and went through an extensive process that included a full House vote. "

The Constitution doesn't stipulate that "official" impeachment inquiries must even exist, it only says that the House has the duty and ability to oversee the executive branch.  It isn't for the judicial branch to determine what rules the House wants to set about how to go about that oversight.


"It's not in the Constitution" only applies to releasing tax returns
 
2019-10-11 04:41:35 PM  

Badmoodman: Breaking:

Shepard Smith tells Fox News he's had enough of their sh*t.


Mr. Smith Goes to Washington Away From The Complete Shiateshow.
 
2019-10-11 04:42:17 PM  

meat0918: SFSailor: SpectroBoy: Badmoodman: Breaking:

Shepard Smith tells Fox News he's had enough of their sh*t.

Something really happen?

Google news says he's out.

Someone far more clever and funny than I will probably get an easy, quick greenlight out of it!

The day after Barr talks to Murdoch?


Yup, this has Barr's greasy stink all over it
 
2019-10-11 04:43:05 PM  
upload.eeView Full Size
 
2019-10-11 04:43:25 PM  

Smelly Pirate Hooker: A useless opinion that has no legal force. (shrug)

So we CAN ignore her.


Didn't Gorsuch reference a dissenting opinion as a reason why he was ruling in favor of a case?

If that's the tactic he's going to use then I don't think we can ignore her, or her opinion.
 
2019-10-11 04:44:51 PM  

21-7-b: perhaps someone needs to start asking questions about whether originalism is a genuine position, or just a way of enabling judges to justify unreasonable rulings


Considering this "originalist" wouldn't even be a judge based on the original constitution, I would have to say it's an excuse used to justify a bias opinion not based on any legal reasoning.
 
2019-10-11 04:47:06 PM  

saturn badger: Investigations of impeachable offenses simply are not, and never have been, within Congress's legislative power," she said.

I think someones named Johnson, Nixon and Clinton would like to have a word with her.


You see... the way the founding fathers wanted it to be done was to have any possible impeachment investigation handled by a subordinate of the person being impeached.

Anything else would be a Kangaroo Court.
 
2019-10-11 04:47:23 PM  

max_pooper: a bias opinion


*twitch*
 
2019-10-11 04:47:41 PM  

max_pooper: Considering this "originalist" wouldn't even be a judge based on the original constitution, I would have to say it's an excuse used to justify a bias opinion not based on any legal reasoning.


there's a book might be worth checking out, called 'originalism as faith'

Originalism as Faith presents a comprehensive history of the originalism debates. It shows how the doctrine is rarely used by the Supreme Court, but is employed by academics, pundits and judges to maintain the mistaken faith that the Court decides cases under the law instead of the Justices' personal values. Tracing the development of the doctrine from the founding to present day, Eric J. Segall shows how originalism is used by judges as a pretext for reaching politically desirable results. The book also presents an accurate description and evaluation of the late Justice Scalia's jurisprudence and shows how he failed to practice the originalism method that he preached. This illuminating work will be of interest to lawyers, law students, undergraduates studying the Court, law professors and anyone else interested in an honest discussion and evaluation of originalism as a theory of constitutional interpretation, a political weapon, and an article of faith.
 
2019-10-11 04:47:57 PM  

Smelly Pirate Hooker: A useless opinion that has no legal force. (shrug)

So we CAN ignore her.


That's a particularly dumb hot take.

This opinion is a road map of the argument for the Supreme Court to take this case.

It's the first draft of an opinion that likely gets Thomas, Alito and maybe Kavanaugh on board quicky.

Gorsuch and Roberts will be the swing votes.

Does that give you warm fuzzies!?
 
2019-10-11 04:48:07 PM  

meat0918: What part of "The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment. " does this judge not understand?


She apparently slept or ditched ConLaw for the entire year...
 
2019-10-11 04:48:24 PM  

Jiggatron69: meat0918: SFSailor: SpectroBoy: Badmoodman: Breaking:

Shepard Smith tells Fox News he's had enough of their sh*t.

Something really happen?

Google news says he's out.

Someone far more clever and funny than I will probably get an easy, quick greenlight out of it!

The day after Barr talks to Murdoch?

Yup, this has Barr's greasy stink all over it


Ferreal.

Not ~necessarily~ a direct order, I guess I could believe, but could be the result of Murdoch agreeing to whatever Barr wanted, and Mr. Smith deciding he has had enough and couldn't take any more when he was handed his marching orders.

Someone get him under oath, and point out that NDAs don't cover illegal activity (like, say, illegal campaign contributions in the form of editorial direction? *cough* ), stat.
 
2019-10-11 04:48:58 PM  
Where'd this broad get her law degree, out of a Cracker Jacks box?
 
2019-10-11 04:49:14 PM  

PluckYew: lolmao500: Badmoodman: Breaking:

Shepard Smith tells Fox News he's had enough of their sh*t.

Righttt. He should stay on fox and tell it like is till he gets fired

23 years is a LONG time to eat sh*t from morans like Hannity and F*cker Carlson for reporting truth


Yeah cause Smith has ever done a decent job at exposing the crimes of the Bushes or Trump. I doubt that very much
 
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