The arrogance of Trump and his acolytes is breathtaking, isn't it? They seem to be of varying degrees of competence and intelligence, but arrogance, I'd say, is the thing they all share: that, and a deep, unfounded sense of entitlement. Sure, Meadows can ask for his case to be "removed" to another venue, but it's ludicrous on its face to offer the particular activities he is accused of engaging in as the reason for it. Do he and his attorneys really not see how preposterous that is?
As I mentioned several times on the Twitter, H.R. Haldeman was COS and he did hard time.
And I'll repeat here what I said yesterday--Chief of Staff isn't an office. There's no statute that makes the position an official anything except a glorified clerk.
Well the beauty of Federalist Society sponsored activist judicial philosophies is that in them you can find any ruling you want to make and none that you don't. So I guess it depends on who gets to decide.
So if meadows is claiming his Georgia election fucking around was done according to his job description as C of S, a federal position, then isn’t it a violation of the hatch act?
"there’s a non-fuckbonkers argument that if any of Clark, Meadows, or Trump succeeds in getting their cases removed to federal court, the entire case and all the defendants could get removed as a piece."
Does this mean the entire indictment as written currently would be hefted on someone's shoulders and carried from the state to the federal jurisdiction?
In a very sick sad way, I hope it does...Because if it does, I can just check out...period...If this 'works' then it's over folks...If our justice system is SO FUCKING WEAK that a fucking Jr High level TECHNICALITY can fucking END it, then there IS no saving us...
So if this does happen,...It's no more paying attention to the news, no more Wonkette, no more politics...Just enjoy what time I have left before the fucking fascists burn it all to the ground
but seriously...Are we really THIS motherfucking HELPLESS against this garbage?...Is our justice system TRULY THIS weak and impotent...
I'll invite you to listen to Rachel Maddow's podcast "Ultra", it's about how a goodly amount of our fellow Americans were out and out working for the Nazi's before and even DURING WWII, and how despite two trials being held to bring the fascists and xtian nationalists (them again) neither of them resulted in convictions. Even after the proof from the Nazi's themselves in both testimony and documentary evidence as to their seditious conspiracies, the government decided to look the other way, as around 25 sitting congressmen and senators were involved in a scheme that had them using their franking privileges and the Government Printing Office to send Nazi propaganda to their constituents on the taxpayer's dime.
The rot is deep, but most of the perps involved with this got held to account by people outside the government, mainly voters. It's a good listen, and lets one understand that the fight isn't over and the same cast of characters is still among us, just wearing newer suits.
I thought "Deja News" was a good podcast series, too -- it was a fine attempt to illuminate America's past in a way that could be useful as a partial antidote for the trouble Gore Vidal identified when he called us "the United States of Amnesia." Well, any country has some people who amount to the "raw material" out of which a fascist regime could emerge: these people are angry, see themselves as victims, crave "order" (even if it's a false, illegitimate brand of order) over any other consideration, and are looking for some ruthless bastard who will hurt the people they blame for it all. One of our major political parties is transforming itself into an apocalyptic cult that encourages more and more people to prepare the way for a political and humanitarian disaster. I think of an apocalypse not as something imposed from without by a metaphysical entity; instead, it is an unconcealing of the destructive elements within humanity itself. We could be witnessing the start of such a terrifying event right here in America. I hope I'm wrong, but I'm not optimistic.
So, the only things I have ever dealt with with that "in the course of" stuff is whether something is a worker's comp claim or not, or if something a government employee did was outside the scope of employment. Probably not the same thing but who knows; I'm no expert on any of it. I also keep thinnking of Lindsey Graham trying to get out of testifying before the special grand jury based on the argument that he was doing Senate duties. The good thing is that this won't get Markie out of having to report to the Fulton County Jail before 8/25.
Not really seeing how it isn't precisely and entirely fuckbonkers, that executive functions in any way can involve attempting to overturn election results. Such a claim would be laughed out of court in any other democracy in the world, and probably even a few quasi-democracies.
Obviously I've misunderstood some majestic aspect of the law, as lay people often do.
Fun Facts about Northern District of Georgia: There are 15 active judges. All but four were nominated by Democratic presidents. The US Attorney is a black gentleman appointed by Biden and confirmed by voice vote in April 2022.
If Meadows gets his case moved to this district he won't have to worry that 18 other defendants are distracting the court and he can enjoy there full attention.
Maybe Willis should make the argument that all of Trump's "acting" cabinet members are not covered by the removal statute. If they want the protection, Trump should have put them before the Senate and gotten them approved.
Otherwise should we get a second Trump term or another GQP president, all of the cabinet will be filled with "acting" secretaries who avoid Senate approval.
My layman's understanding is that the case would be tried in Federal court under federal rules in front of a District judge but that it's still about the state laws and Willis will be handling the prosecution. Something to do with jurisdiction but I don't recall exactly what the logic is. The advantage to the conspirators is that they don't have the additional unknown of state judges and juries to deal with.
The logic was that during Reconstruction, the Federal government didn't want Federal employees, soldiers, and others to face trial in Southern state courts if they violated state laws concerning education of former slaves, breaking of contracts, and other issues governed by state law but not, at the time, federal law. So Congress made a way for people working for the Federal government to remove their cases to Federal court where they could get a fair trial before a Federal judge.
Named, indicted conspirators should not be able to pick and choose what court they get.
If these sonsabitches start having cases dismissed on legal technicalities it ain't gonna be pretty.
The arrogance of Trump and his acolytes is breathtaking, isn't it? They seem to be of varying degrees of competence and intelligence, but arrogance, I'd say, is the thing they all share: that, and a deep, unfounded sense of entitlement. Sure, Meadows can ask for his case to be "removed" to another venue, but it's ludicrous on its face to offer the particular activities he is accused of engaging in as the reason for it. Do he and his attorneys really not see how preposterous that is?
Ta, Liz.
Doesn't seem like they upheld the Constitution to me, so the argument that they were acting within their official capacity doesn't carry water.
As I mentioned several times on the Twitter, H.R. Haldeman was COS and he did hard time.
And I'll repeat here what I said yesterday--Chief of Staff isn't an office. There's no statute that makes the position an official anything except a glorified clerk.
Well the beauty of Federalist Society sponsored activist judicial philosophies is that in them you can find any ruling you want to make and none that you don't. So I guess it depends on who gets to decide.
So if meadows is claiming his Georgia election fucking around was done according to his job description as C of S, a federal position, then isn’t it a violation of the hatch act?
There’s no real enforcement of the Hatch Act beyond getting a warning to shape up.
An office holder may have to resign.
No criminal prosecutions.
True, but if he is violating the Hatch Act he is, by definition, campaigning not working as CofS, so, no leaving state court.
Yes
So, Nuremberg defense?
That always works.
"there’s a non-fuckbonkers argument that if any of Clark, Meadows, or Trump succeeds in getting their cases removed to federal court, the entire case and all the defendants could get removed as a piece."
Does this mean the entire indictment as written currently would be hefted on someone's shoulders and carried from the state to the federal jurisdiction?
"The crazy thing is, it just might work"
In a very sick sad way, I hope it does...Because if it does, I can just check out...period...If this 'works' then it's over folks...If our justice system is SO FUCKING WEAK that a fucking Jr High level TECHNICALITY can fucking END it, then there IS no saving us...
So if this does happen,...It's no more paying attention to the news, no more Wonkette, no more politics...Just enjoy what time I have left before the fucking fascists burn it all to the ground
but seriously...Are we really THIS motherfucking HELPLESS against this garbage?...Is our justice system TRULY THIS weak and impotent...
I'll invite you to listen to Rachel Maddow's podcast "Ultra", it's about how a goodly amount of our fellow Americans were out and out working for the Nazi's before and even DURING WWII, and how despite two trials being held to bring the fascists and xtian nationalists (them again) neither of them resulted in convictions. Even after the proof from the Nazi's themselves in both testimony and documentary evidence as to their seditious conspiracies, the government decided to look the other way, as around 25 sitting congressmen and senators were involved in a scheme that had them using their franking privileges and the Government Printing Office to send Nazi propaganda to their constituents on the taxpayer's dime.
The rot is deep, but most of the perps involved with this got held to account by people outside the government, mainly voters. It's a good listen, and lets one understand that the fight isn't over and the same cast of characters is still among us, just wearing newer suits.
fascinating
I thought "Deja News" was a good podcast series, too -- it was a fine attempt to illuminate America's past in a way that could be useful as a partial antidote for the trouble Gore Vidal identified when he called us "the United States of Amnesia." Well, any country has some people who amount to the "raw material" out of which a fascist regime could emerge: these people are angry, see themselves as victims, crave "order" (even if it's a false, illegitimate brand of order) over any other consideration, and are looking for some ruthless bastard who will hurt the people they blame for it all. One of our major political parties is transforming itself into an apocalyptic cult that encourages more and more people to prepare the way for a political and humanitarian disaster. I think of an apocalypse not as something imposed from without by a metaphysical entity; instead, it is an unconcealing of the destructive elements within humanity itself. We could be witnessing the start of such a terrifying event right here in America. I hope I'm wrong, but I'm not optimistic.
ultra was riveting. especially that court room episode.
So, the only things I have ever dealt with with that "in the course of" stuff is whether something is a worker's comp claim or not, or if something a government employee did was outside the scope of employment. Probably not the same thing but who knows; I'm no expert on any of it. I also keep thinnking of Lindsey Graham trying to get out of testifying before the special grand jury based on the argument that he was doing Senate duties. The good thing is that this won't get Markie out of having to report to the Fulton County Jail before 8/25.
Not really seeing how it isn't precisely and entirely fuckbonkers, that executive functions in any way can involve attempting to overturn election results. Such a claim would be laughed out of court in any other democracy in the world, and probably even a few quasi-democracies.
Obviously I've misunderstood some majestic aspect of the law, as lay people often do.
You can use Clarence Thomas as an example. He's all about that majestic shit.
Fun Facts about Northern District of Georgia: There are 15 active judges. All but four were nominated by Democratic presidents. The US Attorney is a black gentleman appointed by Biden and confirmed by voice vote in April 2022.
If Meadows gets his case moved to this district he won't have to worry that 18 other defendants are distracting the court and he can enjoy there full attention.
Maybe Willis should make the argument that all of Trump's "acting" cabinet members are not covered by the removal statute. If they want the protection, Trump should have put them before the Senate and gotten them approved.
Otherwise should we get a second Trump term or another GQP president, all of the cabinet will be filled with "acting" secretaries who avoid Senate approval.
If that happens there will be no confirmations at all. There will only be "acting" officials who's terms are measured in Scaramuccis.
Oh, that's clever...
𝘛𝘩𝘦 𝘨𝘰𝘰𝘥 𝘯𝘦𝘸𝘴 𝘪𝘴 𝘦𝘷𝘦𝘯 𝘪𝘧 𝘩𝘦 𝘴𝘶𝘤𝘤𝘦𝘦𝘥𝘴, 𝘋𝘈 𝘞𝘪𝘭𝘭𝘪𝘴 𝘸𝘪𝘭𝘭 𝘴𝘵𝘪𝘭𝘭 𝘣𝘦 𝘪𝘯 𝘤𝘩𝘢𝘳𝘨𝘦 𝘰𝘧 𝘵𝘩𝘦 𝘤𝘢𝘴𝘦, 𝘪𝘵 𝘸𝘪𝘭𝘭 𝘴𝘵𝘪𝘭𝘭 𝘣𝘦 𝘨𝘰𝘷𝘦𝘳𝘯𝘦𝘥 𝘣𝘺 𝘎𝘦𝘰𝘳𝘨𝘪𝘢 𝘭𝘢𝘸...
Then how is it even a federal case? Why is it even in federal court? I iz confuzed.
My layman's understanding is that the case would be tried in Federal court under federal rules in front of a District judge but that it's still about the state laws and Willis will be handling the prosecution. Something to do with jurisdiction but I don't recall exactly what the logic is. The advantage to the conspirators is that they don't have the additional unknown of state judges and juries to deal with.
The logic was that during Reconstruction, the Federal government didn't want Federal employees, soldiers, and others to face trial in Southern state courts if they violated state laws concerning education of former slaves, breaking of contracts, and other issues governed by state law but not, at the time, federal law. So Congress made a way for people working for the Federal government to remove their cases to Federal court where they could get a fair trial before a Federal judge.
Thank you for the cogent explanation.
You're welcome.
Also in federal courts there are no tv cameras. The defendants' political opposition can't use screen shots in campaign ads. Sad.