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evilweasel posted:no he legit does not get it. he keeps throwing a fit on twitter about the proposal to double the number of IJs (which would allow him to deport people faster) not realizing it's something his own administration keeps pushing for. Exactly. Trump could pretty much just say "hey jeff hire 200 more IJs" and he can do it (minus potential budgetary issues) because they're not real judges. The caveat to that, is if you take one of those ALJ spots and don't deport as many people as fast as the keebler klansman commands he can yank your job.
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Jun 21, 2018 16:19
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Discendo Vox posted:https://twitter.com/kylegriffin1/status/1009608105804656640 No. You are correct. I was in fact a JAG. There is some precedent for JAGs becoming SAUSAs. But generally it’s to prosecute poo poo that happens on bases that aren’t covered by the UCMJ. (Civilian defendant for example.) I honestly have no idea how/why you’d use a JAG for immigration.
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Jun 21, 2018 16:24
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Pook Good Mook posted:Got an offer for the prosecutor job. Pretty pumped. Joinnnnnnn ussssssss.... Seriously though. You’ll probably find the work really fulfilling. If your office is like mine you’ll get along well with the PDs and most of the private defense firms and most of your cases will deal out if you are reasonable and not a douche. Best advice I can offer is learn early on which cases are people who are dumb but probably rehabilitation candidates and put them in programs if you can. And accept that the ones who are truly evil will sometimes get away with it and it has nothing to do with you or your ability as a lawyer. Your job is to be fair, put all the admissible evidence in. Present it clearly. And then it’s out of your hands. Oh. And accept that some people will be complete assholes because apparently wanting murderers off the streets makes you a fascist. If you ever need advice or have questions you’d feel dumb asking your boss, feel free to hit me up. Welcome to the dark side.
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Jun 21, 2018 16:32
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ActusRhesus posted:No. You are correct. I was in fact a JAG. There is some precedent for JAGs becoming SAUSAs. But generally it’s to prosecute poo poo that happens on bases that aren’t covered by the UCMJ. (Civilian defendant for example.) I honestly have no idea how/why you’d use a JAG for immigration. Because they can't get attorneys willing to go work for them, and they're busy trying to prosecute thousands of people as harshly as possible for misdemeanors. Did you guys see that a shitload of SEC decisions are probably getting flipped in the near future because SEC ALJs are "officers of the US" and none were appointed by the right people as a result? Also stock options are no longer monetary compensation!
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Jun 21, 2018 16:36
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Mr. Nice! posted:Because they can't get attorneys willing to go work for them, and they're busy trying to prosecute thousands of people as harshly as possible for misdemeanors. Oh I get *why* they want to. I just don’t get how, procedurally, they would do it. Granted. It’s not a topic I’ve really delved into. But it seems a big leap from the way JAGs have served as SAUSAs in the past. I am trying to avoid weighing in on the immigration question in general because I spent three years trying (unsuccessfully) to get SIV visas for people I worked with in Iraq and it’s admittedly a huge open wound for me. I recognize I can’t be objective or rational about the topic of immigration/asylum. However. This procedural question... yeah. Shaking my head. I have no idea how you’d do that legally. There are specific regs in place that get us out of “practicing law without a license” Bc we aren’t licensed in that state. And yeah. This is federal practice which is a little less strict. But still... this is not a DoD issue. A homeland security issue maybe. Really state department/Usao/ag problem. But again... not DoD. So I’m just very confused as to what authority they’re relying on other than “because I said so” which... I don’t think cuts it.
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Jun 21, 2018 16:48
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Can't wait to be arrested by MPs for wearing an "abolish ICE" shirt. Maybe my prison job will be prosecuting refugees for unauthorized entry.
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Jun 21, 2018 17:09
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Discendo Vox fucked around with this message at 04:05 on Jul 13, 2021 |
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Jun 21, 2018 17:27
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If the judges rubber stamp you it's not like you actually need to know the subject matter. Plus I don't think toddlers are very eloqurnt when defending themselves
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Jun 21, 2018 17:31
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mastershakeman posted:If the judges rubber stamp you it's not like you actually need to know the subject matter. Plus I don't think toddlers are very eloqurnt when defending themselves a judge can't rubber stamp you if you don't even know the right forms to give them and a note where on the form the stamp goes
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Jun 21, 2018 17:33
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evilweasel posted:a judge can't rubber stamp you if you don't even know the right forms to give them and a note where on the form the stamp goes That's what paralegals are for , get those forms organized and the lawyers job is to hand them silently to the judge
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Jun 21, 2018 17:38
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It will probably look an awful lot like the JAGs in CCCI and OMC. I’m pretty much a prosecutorial honey badger but even I had some major concerns about those forums. OMC especially. Sadly a lot of JAGs (especially navy “criminal justice career track” types) are being trained to have too much of a “win at all costs, adversary = enemy” mind set. One of the (many) reasons I got out. Loved the Navy. Hated the JAG Corps leadership.
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Jun 21, 2018 17:48
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Discendo Vox posted:Yeah, ok, AR confirmed my exact confusion with the subject. No clue how they get from A to B on the scope and nature of practice. And that's setting aside training and familiarity with the subject matter... Legally, section (d) Jurisdictionally, fed circuit bar admission is trivial if you're already admitted to a state bar. Practically, with a half week of handover from the withered husk of an AUSA E: I'll bet $20 there's a script for prosecutors to do these hearings. If there isn't, I'll bet $1000 there will be one within a week. JAs/JAGs are used to really quickly picking stuff up and running with it. Deep knowledge and experience, not so much. Some of these cases are literally fighting babies, and the logistics, procedure, law and lack of oversight favors the prosecution at every step. joat mon fucked around with this message at 18:31 on Jun 21, 2018 |
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Jun 21, 2018 18:13
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joat mon posted:Legally, section (d) Read it. I still don’t think it gets you there. Especially since it still left promulgating authority to the DoD. I could be wrong. But this really seems a stretch of that statute. Possibly also a posse commitatus issue? I dunno. It feels really off. Although suddenly those long awaited (paid) vacancies at the USAO have opened up. I had wondered about that.... and the cryptic description of the job duties. no thanks. I’m good here with the state. ActusRhesus fucked around with this message at 18:39 on Jun 21, 2018 |
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Jun 21, 2018 18:27
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Sounds like this lets them to go from the military An officer to whom this subsection applies [AD, retired in AD, reserve on AD] may hold or exercise the functions of a civil office in the Government of the United States that is not described in subparagraph (A) [elective, requires advise and consent, SES] when assigned or detailed to that office or to perform those functions. and this lets them go into DoJ The Attorney General may appoint attorneys to assist United States attorneys when the public interest so requires Unless these constitute an express authorization, SAUSAs have been violating the Posse Comitatus Act since at least the 1940s.
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Jun 21, 2018 19:40
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Mr. Nice! posted:Did you guys see that a shitload of SEC decisions are probably getting flipped in the near future because SEC ALJs are "officers of the US" and none were appointed by the right people as a result? Just to get this in this thread as well: quote:This Court has also held that the “appropriate” remedy for an adjudication tainted with an appointments violation is a new “hearing before a properly appointed” official. And they've properly appointed the ALJ in question, so it can't be that tough (inferior officer). quote:The Securities and Exchange Commission has now itself appointed the Administrative Law Judge in question, and I see no reason why he could not rehear the case. Mr. Nice! posted:Also stock options are no longer monetary compensation! Only for Railroad Retirement purposes.
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Jun 21, 2018 20:05
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joat mon posted:Sounds like this lets them to go from the military Ehhhhhhhhhh.... I guess? It still feels really off to me. One thing letting JAGs prosecute cases that happen on military installations but aren’t covered by UCMJ authority. This really seems to be an overreach.
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Jun 21, 2018 20:12
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ActusRhesus posted:Ehhhhhhhhhh.... I guess? It still feels really off to me. One thing letting JAGs prosecute cases that happen on military installations but aren’t covered by UCMJ authority. This really seems to be an overreach. When they amended section 973 (the from the military one) in the mid 80s to allow SAUSAs, they probably didn't see this as one of the consequences, perhaps relying on the military to take care of its own.
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Jun 21, 2018 20:38
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Poor special master...nose to the grindstone pulling 15-17 hour days doing doc review... At least she can bill $700/hr though otherwise can you imagine? https://twitter.com/big_cases/status/1009862477943894016
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Jun 21, 2018 20:39
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Big day for the special master, May 6 was
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Jun 21, 2018 20:42
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Phil Moscowitz posted:Big day for the special master, May 6 was Chartered flight over the international date line, $8,300.00
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Jun 21, 2018 20:48
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24.5 hours!
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Jun 21, 2018 20:50
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Hot Dog Day #91 posted:24.5 hours! We should all pound out $350,000 months
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Jun 21, 2018 20:58
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Finally a break for the little guys at Bracewell!
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Jun 21, 2018 20:59
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joat mon posted:When they amended section 973 (the from the military one) in the mid 80s to allow SAUSAs, they probably didn't see this as one of the consequences, perhaps relying on the military to take care of its own. And once upon a time we had officers who would say “hahahahahahaha. gently caress off. Not sending my guys. This is dumb and it’s my discretion.” Current jag leaders (who would be the ones with the ability to send someone on temporary order iirc) are all politician yes men and have been for quite some time. I’m kind of surprised Mattis is ok with it but it could be one of two things (I hope. I like Mattis) 1) it’s considered an operational issue that is not within the purview of civilian leadership or 2) “gently caress it. I don’t care what the lawyers do.” In any event. Legally sound or not can we agree it’s poo poo?
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Jun 21, 2018 21:00
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Though the fact we can cough up billets so easily makes a compelling case for downsizing the Miljus types who were pretty much useless in my experience. They used to whine at me when I was an SJA because I almost always recommended administrative separation over court-martial. “The junior JAGs need courtroom experience!” Sounds like a big pile of “not my problem.”
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Jun 21, 2018 21:05
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Phil Moscowitz posted:Big day for the special master, May 6 was I assume that some of that time entry isn't her but it is odd that the other partner or associate bills at exactly the same rate.
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Jun 21, 2018 21:10
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evilweasel posted:I assume that some of that time entry isn't her but it is odd that the other partner or associate bills at exactly the same rate. Not necessarily. During my personal vision of hell that was biglaw, most of our associates billed the same rate. Guess it depends who the other lawyer was.
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Jun 21, 2018 21:13
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It says “me and my firm,” so obviously it’s more than one lawyer. But the special master obviously bills at $700 an hour, and you would think that the minions doing the grunt work document review would not bill at the same rate as the senior partner special master. You would think that.
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Jun 21, 2018 21:17
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Nice work if you can get it, and get the government and a corrupt millionaire to pay for it.
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Jun 21, 2018 21:18
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Vox Nihili posted:Concentration camps probably generate a lot of paperwork, or something. NARA is approving deletion of those records.
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Jun 21, 2018 21:32
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Phil Moscowitz posted:Poor special master...nose to the grindstone pulling 15-17 hour days doing doc review... Haha, this account is good poo poo. https://twitter.com/big_cases/status/1009773905555476482
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Jun 21, 2018 21:40
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Phil Moscowitz posted:It says “me and my firm,” so obviously it’s more than one lawyer. But the special master obviously bills at $700 an hour, and you would think that the minions doing the grunt work document review would not bill at the same rate as the senior partner special master. You would think that. It's probably a blended rate arrangement.
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Jun 21, 2018 21:40
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Phil Moscowitz posted:It says “me and my firm,” so obviously it’s more than one lawyer. But the special master obviously bills at $700 an hour, and you would think that the minions doing the grunt work document review would not bill at the same rate as the senior partner special master. You would think that. It could be an averaged rate. E: beat to it.
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Jun 21, 2018 21:45
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Kalman posted:It's probably a blended rate arrangement. Yeah hadn’t thought of that.
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Jun 21, 2018 22:03
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ActusRhesus posted:And once upon a time we had officers who would say “hahahahahahaha. gently caress off. Not sending my guys. This is dumb and it’s my discretion.” Current jag leaders (who would be the ones with the ability to send someone on temporary order iirc) are all politician yes men and have been for quite some time. I’m kind of surprised Mattis is ok with it but it could be one of two things (I hope. I like Mattis) 1) it’s considered an operational issue that is not within the purview of civilian leadership or 2) “gently caress it. I don’t care what the lawyers do.” Total poo poo. Probably won't even get a participation NAM for doing it because no CO wants his/her name on an award for being a trumpist bully-boy.
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Jun 21, 2018 22:49
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How long do you have to grind it out in Biglaw before you get the title Senior Partner Special Master
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Jun 21, 2018 23:03
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Recommending The Magicians trilogy by Lev Grossman for a good fantasy read.
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Jun 21, 2018 23:26
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Abugadu posted:Recommending The Magicians trilogy by Lev Grossman for a good fantasy read. The TV show got really good this last season. Plus it doesn't hurt the cast is insanely attractive across the board
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Jun 21, 2018 23:28
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ActusRhesus posted:Oh. And accept that some people will be complete assholes because apparently wanting murderers off the streets makes you a fascist.  It's cute that you think "putting murderers away" is why people call prosecutors "fascists"
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Jun 21, 2018 23:51
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Pook Good Mook posted:In conclusion, Japan is a land of contrasts. Furthermore, I am of the opinion Carthage must be destroyed.
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Jun 22, 2018 00:06
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