It seems like no matter what lower court judges find, the orange felon and his mob just take everything up to the McConnell/Roberts "supreme" court, where he will always win. It is frightening.
the point is to destroy democracy. The fascist right, funded by billionaires -- openly, with Musk's purchase of a presidency, and covertly, thru dark money -- is treating the US the way private equity funds treat a company: take the assets, let the remains go bankrupt and collapse.
See especially the great work of Silicon Valley journalist Gil Duran through his free newsletter The Nerd Reich.
It should be clear to everyone it violates the Constitution to send military to police cities. If the felon keeps on doing it, it will be up to the MAGA party to impeach. It will be a huge test on their part to see where their loyalty really lies. They took an oath to the Constitution not to a king or a dictator.
Thank you Professors for this straightforward review of the PCA and for shining a light on the wonderful opinion of Judge Breyer.
While I share the disgust of Arkansas Blue with SCOTUS, I applaud the lower court judges and the law professors who continue to build a record and inform the public of what is happening.
It makes the resistance feel righteous to better understand that we are fighting for core constitutional protections and rights.
October 18th - No Kings Rally II - I'll bet some poster will have Judge Breyer's name on it.
Americans would be better served by judges and law professors not contending that Trump's conduct is merely "illegal" or "violated" the Posse Comitatus Act or is "prohibited" by the Act. The Act clearly doesn't merely "prohibit" anything, so it cannot be "violated." The Act describes conduct that Congress made criminal. Any past conduct that can be punished with a fine or prison time is criminal, not merely "illegal." Trump has (again) committed a federal offense (a federal crime).
This is probably, unfortunately, one of those official acts for which the president if immune from prosecution. But his subordinates, those who carried out the crimes, are not shielded by immunity and should be prosecuted.
That so-called SCOTUS immunity decision didn't mean what many people think. Even if a president cannot be prosecuted for "official" acts or for fulfilling "core" duties, that definitely doesn't mean he cannot be prosecuted for conduct that actually violate his duties under the Constitution.
Committing the crime in the Posse Comitatus Act simply cannot be an "official" act or part of the president's "core" duties under our Constitution. Article II expressly emphasized the president's duties. First, he must "take Care that the Laws" (enacted by Congress) are "faithfully executed." Second, the president's first, foremost and constant duty is to "preserve, protect and defend" our "Constitution" to "the best of [the president's] Ability." Nothing that violates the president's duties as specified in our Constitution could even possibly be an "official" act, much less a "core" duty.
There was no legal reason Jack Smith could not have continued his prosecution of Trump for his conduct. None of Trump's conduct was an "official" act or within his "core" duties. Six SCOTUS judges really saved Trump by merely running out the clock (stalling).
I really appreciate how Dean Chemerinsky has come forward to write so cogently on there Constitutional issues. He is one person I 'd like to meet, as I live in the Bay Area.
It seems like no matter what lower court judges find, the orange felon and his mob just take everything up to the McConnell/Roberts "supreme" court, where he will always win. It is frightening.
the point is to destroy democracy. The fascist right, funded by billionaires -- openly, with Musk's purchase of a presidency, and covertly, thru dark money -- is treating the US the way private equity funds treat a company: take the assets, let the remains go bankrupt and collapse.
See especially the great work of Silicon Valley journalist Gil Duran through his free newsletter The Nerd Reich.
It should be clear to everyone it violates the Constitution to send military to police cities. If the felon keeps on doing it, it will be up to the MAGA party to impeach. It will be a huge test on their part to see where their loyalty really lies. They took an oath to the Constitution not to a king or a dictator.
the #maga gop's loyalty is to power and power only. And they serve their technofascist (and, imo to a lesser extent, christofascist) masters.
Thank you Professors for this straightforward review of the PCA and for shining a light on the wonderful opinion of Judge Breyer.
While I share the disgust of Arkansas Blue with SCOTUS, I applaud the lower court judges and the law professors who continue to build a record and inform the public of what is happening.
It makes the resistance feel righteous to better understand that we are fighting for core constitutional protections and rights.
October 18th - No Kings Rally II - I'll bet some poster will have Judge Breyer's name on it.
Americans would be better served by judges and law professors not contending that Trump's conduct is merely "illegal" or "violated" the Posse Comitatus Act or is "prohibited" by the Act. The Act clearly doesn't merely "prohibit" anything, so it cannot be "violated." The Act describes conduct that Congress made criminal. Any past conduct that can be punished with a fine or prison time is criminal, not merely "illegal." Trump has (again) committed a federal offense (a federal crime).
This is probably, unfortunately, one of those official acts for which the president if immune from prosecution. But his subordinates, those who carried out the crimes, are not shielded by immunity and should be prosecuted.
That so-called SCOTUS immunity decision didn't mean what many people think. Even if a president cannot be prosecuted for "official" acts or for fulfilling "core" duties, that definitely doesn't mean he cannot be prosecuted for conduct that actually violate his duties under the Constitution.
Committing the crime in the Posse Comitatus Act simply cannot be an "official" act or part of the president's "core" duties under our Constitution. Article II expressly emphasized the president's duties. First, he must "take Care that the Laws" (enacted by Congress) are "faithfully executed." Second, the president's first, foremost and constant duty is to "preserve, protect and defend" our "Constitution" to "the best of [the president's] Ability." Nothing that violates the president's duties as specified in our Constitution could even possibly be an "official" act, much less a "core" duty.
There was no legal reason Jack Smith could not have continued his prosecution of Trump for his conduct. None of Trump's conduct was an "official" act or within his "core" duties. Six SCOTUS judges really saved Trump by merely running out the clock (stalling).
I really appreciate how Dean Chemerinsky has come forward to write so cogently on there Constitutional issues. He is one person I 'd like to meet, as I live in the Bay Area.
I hope Judge Breyer's ruling stands, but I do not understand why the National Guard or other troops should have been allowed to stay in assignment.
Some folks are trying to hold tight to the Constitution. God bless them and may all of us prevail.