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knox_harrington
Feb 18, 2011

Running no point.

From the other day but I want this to be true

https://mobile.twitter.com/Popehat/status/1060904255756726273

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Chilichimp
Oct 24, 2006

TIE Adv xWampa

It wamp, and it stomp

Grimey Drawer
edit: wrong thread

Chilichimp fucked around with this message at 15:28 on Nov 13, 2018

eke out
Feb 24, 2013



this is probably a long-shot, but it may be interesting

https://twitter.com/eorden/status/1062350772652912640
https://twitter.com/steve_vladeck/status/1062351536045592576

knox_harrington
Feb 18, 2011

Running no point.

https://mobile.twitter.com/RVAwonk/status/1062349474687868928

Fritz Coldcockin
Nov 7, 2005

Can a federal judge even do this?

lemonadesweetheart
May 27, 2010

Fritz Coldcockin posted:

Can a federal judge even do this?

What does your heart tell you.

Fritz Coldcockin
Nov 7, 2005

lemonadesweetheart posted:

What does your heart tell you.

My heart shriveled up and died the night Trump was elected.

eke out
Feb 24, 2013



Fritz Coldcockin posted:

Can a federal judge even do this?

federal judges can do a whole lot of poo poo, in theory - this position that Maryland is taking, that a previous, more specific succession regulation controls here and the position would've automatically defaulted to Rosenstein, feels like the weaker argument compared to the constitutional one we've talked about.

English v. Trump, the litigation over the CFPB head, works against this claim. It's still being appealed to the DC circuit so there's not binding precedent, but there the administration won at the district level by basically saying "If there's both a normal regulation that governs succession and also the VRA, we can choose which one we want to apply" - which would be almost the exact same position they'd take here.

FlamingLiberal
Jan 18, 2009

Would you like to play a game?



How does Maryland have standing in that issue?

knox_harrington
Feb 18, 2011

Running no point.

Thread on CNN's case against the WH about Acosta

https://mobile.twitter.com/renato_mariotti/status/1062359979905204227

eke out
Feb 24, 2013



FlamingLiberal posted:

How does Maryland have standing in that issue?

we'll have to see what they go with when they file something, but blue states tend to have a lot of ongoing litigation that involves the DOJ right now where if the current attorney general is appointed illegally, it would definitely matter

e: okay here's much more information - the choice of regulations bit isn't the sole argument, looks like they get to the constitutional question as well

https://twitter.com/charlie_savage/status/1062313354373615617

quote:

The state’s attorney general, Brian E. Frosh, working with the law firm of Goldstein & Russell, brought the litigation. Thomas C. Goldstein, a partner in the firm, said they planned to file the motion on Tuesday morning.

Neither the judge in the Texas lawsuit nor Judge Hollander has ruled on the Affordable Care Act issues. But because the government’s enforcement of the act is set to change on Jan. 1, Maryland said it needed an injunction now to prevent Mr. Whitaker from illegitimately controlling the Justice Department’s policy and legal positions.

Among other things, the lawsuit cited Mr. Whitaker’s declaration, in a 2014 Q. and A., that the 2012 Supreme Court ruling upholding the Affordable Care Act was one of the worst rulings in the court’s history.

In defending Mr. Whitaker’s appointment as lawful, the Trump administration has pointed to the Federal Vacancies Reform Act, a 1998 statute. It says that a president may temporarily fill a vacancy for a position that normally requires Senate confirmation with any senior official who has been in the department for at least 90 days. As Mr. Sessions’s former chief of staff, Mr. Whitaker meets that criteria.

But Maryland’s court filing argues that the law applies to routine positions, not to the attorney general. For one thing, it noted, another statute specifically says the deputy attorney general is next in line at the Justice Department. A more specific law, the lawsuit argues, takes precedence when in a conflict with a more general law.

There were good reasons for lawmakers to create an exception that gives the president less flexibility when it comes to replacing the attorney general, the Maryland filing argues. Among them, without that check, a president under investigation could install a “carefully selected senior employee who he was confident would terminate or otherwise severely limit” the inquiry.

The Maryland filing also cites a part of the Constitution, known as the appointments clause, which requires “principal” officers — very powerful and senior officials, like the attorney general — to have been confirmed by the Senate.

In a phone call last week, Mr. Whitaker told Senator Charles E. Grassley of Iowa, the Republican chairman of the Judiciary Committee, that a 2003 Office of Legal Counsel opinion held that the president could temporarily appoint him to be acting attorney general even though the Senate had not confirmed him, Mr. Grassley has said.

The 2003 opinion relied on an 1898 Supreme Court case about a man who was appointed the acting American consul in modern-day Thailand when the Senate-confirmed consul became sick, and no Senate-confirmed deputy consul was available.

But the Maryland court filing argues that the circumstances of the 1898 case were too different from today’s situation for it to apply. Among other things, it notes that the office of attorney general did not become vacant through an unexpected emergency, and that several Senate-confirmed Justice Department officials, like Mr. Rosenstein, are available.

The sweeping power of the attorney general “calls for the highest levels of integrity and personal judgment, prerequisites safeguarded by the Constitution’s command that principal officers be subject to the oversight and check provided by Senate confirmation,” the filing said.

eke out fucked around with this message at 16:21 on Nov 13, 2018

Random Stranger
Nov 27, 2009



Fritz Coldcockin posted:

Can a federal judge even do this?

Actually, yes. In practice, probably not. In insane hellworld where up is down and left is right? Who knows.

So the reason that it may work is that the state has standing due to their engagement with the Justice department in different aspects, both cooperation in law enforcement and legal actions. So changing policies willie-nillie gives them room to say, "Hey! You can't do that!" And a judge may look at the law and justice department regulations and say, "You gotta follow the rules and not just put your crony in place."

Now in the days before Trump this would be unlikely to succeed because a judge is going to say, "The president is the head of the justice department and he's not doing anything corrupt so let him do what he wants here."

But this is nakedly corrupt. And possibly a violation of law in a way that no previous president would have attempted. So a judge might not be willing to let Trump have his leeway. Who the gently caress knows at this point?

The Glumslinger
Sep 24, 2008

Coach Nagy, you want me to throw to WHAT side of the field?


Hair Elf

Does he not realize that Europe building a larger standing army is the end result of him constantly complaining about them not spending enough on NATO? They aren't just gonna mail us a check, they're gonna spend more money on their own army


Jfc, he doesn't understand that, does he?

Chilichimp
Oct 24, 2006

TIE Adv xWampa

It wamp, and it stomp

Grimey Drawer

eke out posted:

federal judges can do a whole lot of poo poo, in theory - this position that Maryland is taking, that a previous, more specific succession regulation controls here and the position would've automatically defaulted to Rosenstein, feels like the weaker argument compared to the constitutional one we've talked about.

English v. Trump, the litigation over the CFPB head, works against this claim. It's still being appealed to the DC circuit so there's not binding precedent, but there the administration won at the district level by basically saying "If there's both a normal regulation that governs succession and also the VRA, we can choose which one we want to apply" - which would be almost the exact same position they'd take here.

But VRA doesn't apply to Whitaker, as he's not been approved by the Senate, and contrary to what the White House is suggesting, his approval to be AG to the district of Iowa was 12 loving years ago and he's been out of government working for fraudsters during that time.

Hellblazer187
Oct 12, 2003

The Glumslinger posted:

Does he not realize that Europe building a larger standing army is the end result of him constantly complaining about them not spending enough on NATO? They aren't just gonna mail us a check, they're gonna spend more money on their own army


Jfc, he doesn't understand that, does he?

Isn't the whole "pay for NATO" thing a complaint that they don't have enough of a military? My understanding is that as a member nation, you have a commitment to spend x% of your GDP on your armed forces. And this is what most members were failing at. So this is... Exactly what Trump was asking for.

Chilichimp
Oct 24, 2006

TIE Adv xWampa

It wamp, and it stomp

Grimey Drawer

Hellblazer187 posted:

Isn't the whole "pay for NATO" thing a complaint that they don't have enough of a military? My understanding is that as a member nation, you have a commitment to spend x% of your GDP on your armed forces. And this is what most members were failing at. So this is... Exactly what Trump was asking for.

That is also my read on this, Trump is such a loving baby.

Acebuckeye13
Nov 2, 2010
Ultra Carp

Hellblazer187 posted:

Isn't the whole "pay for NATO" thing a complaint that they don't have enough of a military? My understanding is that as a member nation, you have a commitment to spend x% of your GDP on your armed forces. And this is what most members were failing at. So this is... Exactly what Trump was asking for.

That is what it is supposed to be, yes. Problem is, Trump thinks NATO is actually a protection racket.

Hieronymous Alloy
Jan 30, 2009


Why! Why!! Why must you refuse to accept that Dr. Hieronymous Alloy's Genetically Enhanced Cream Corn Is Superior to the Leading Brand on the Market!?!




Morbid Hound

The Glumslinger posted:

Does he not realize that Europe building a larger standing army is the end result of him constantly complaining about them not spending enough on NATO? They aren't just gonna mail us a check, they're gonna spend more money on their own army


Jfc, he doesn't understand that, does he?

It's even worse. Trump is not interested in understanding that.

Hellblazer187
Oct 12, 2003

So Trump is getting exactly what he wants, one of his very few FP victories while in office, and he's crying because he doesn't understand it at all.

Crow Jane
Oct 18, 2012

nothin' wrong with a lady drinkin' alone in her room

Hellblazer187 posted:

So Trump is getting exactly what he wants, one of his very few FP victories while in office, and he's crying because he doesn't understand it at all.

No, he wanted the other countries to send a check, payable to him.

VitalSigns
Sep 3, 2011

It's hilarious to me that he's so pissed about it, because wrecking NATO is the only Trump administration policy with which I agree.

Well that and his skill at humiliating horrible people who have an unearned media hagiography around them like Romney, McCain, the Bushes, etc

Hellblazer187
Oct 12, 2003

VitalSigns posted:

It's hilarious to me that he's so pissed about it, because wrecking NATO is the only Trump administration policy with which I agree.

Well that and his skill at humiliating horrible people who have an unearned media hagiography around them like Romney, McCain, the Bushes, etc

He's too dumb to properly wreck NATO. It looks like he's just strengthening the other member nations.

Hellblazer187
Oct 12, 2003

Crow Jane posted:

No, he wanted the other countries to send a check, payable to him.

Yes, suppose that's true. He's getting what he said he wanted, anyways.

VitalSigns
Sep 3, 2011

Hellblazer187 posted:

He's too dumb to properly wreck NATO. It looks like he's just strengthening the other member nations.

That's fine, less soft power for the US empire

OddObserver
Apr 3, 2009

Hellblazer187 posted:

Isn't the whole "pay for NATO" thing a complaint that they don't have enough of a military? My understanding is that as a member nation, you have a commitment to spend x% of your GDP on your armed forces. And this is what most members were failing at. So this is... Exactly what Trump was asking for.

France possibly has the best army among European countries as it is anyway.

Of course, making light of their role in WWI two days after armistice day is just an incredibly disgraceful display of ignorance. If he wasn't such a Putin fanboy I would expect him to follow up by making light of the Red Army on VE day.

Hellblazer187
Oct 12, 2003

VitalSigns posted:

That's fine, less soft power for the US empire

I agree 100%. Although I'd rather have it be something that was done in a voluntary and considered way.

VitalSigns
Sep 3, 2011

Hellblazer187 posted:

I agree 100%. Although I'd rather have it be something that was done in a voluntary and considered way.

I mean yeah, it's not like I voted for him or want him to be reelected or anything, so not worth it.

I'm just amused that in trying to swing his dick around and shake down our allies for cash he's inadvertently destroying the military alliance that has dominated the postwar world.

knox_harrington
Feb 18, 2011

Running no point.

OddObserver posted:

France possibly has the best army among European countries as it is anyway.

Outrageous

marshmonkey
Dec 5, 2003

I was sick of looking
at your stupid avatar
so
have a cool cat instead.

:v:
Switchblade Switcharoo
https://twitter.com/HotlineJosh/status/1062205110019874817

Taerkar
Dec 7, 2002

kind of into it, really

Hellblazer187 posted:

Isn't the whole "pay for NATO" thing a complaint that they don't have enough of a military? My understanding is that as a member nation, you have a commitment to spend x% of your GDP on your armed forces. And this is what most members were failing at. So this is... Exactly what Trump was asking for.

It is, but Trump has always worded it as them cutting a check to NATO because A) he's an idiot and B) he's an idiot.

Fritz Coldcockin
Nov 7, 2005

I think the McCain effect probably helped. Did McSally ever condemn Trump for making GBS threads on his grave or did she let it go by the board?

Guess the old bastard did two good things in his twilight years--killing the Obamacare repeal and (inadvertently) getting a Democrat elected in Arizona.

Hellblazer187
Oct 12, 2003

For all of the (justified) "rest in piss" stuff we said about McCain on this board, it's kind of silly to forget how much he was respected by most people and especially in Arizona.

I wonder how many of these Republican who voted for Sinema will be Republicans again next time or if they will be like the "Democrats" in the south who voted straight party R for decades.

eke out
Feb 24, 2013



Chilichimp posted:

But VRA doesn't apply to Whitaker, as he's not been approved by the Senate, and contrary to what the White House is suggesting, his approval to be AG to the district of Iowa was 12 loving years ago and he's been out of government working for fraudsters during that time.

This is not correct, the VRA allows you to pick a Senate-confirmed person OR a GS-15 who has been on the job for more than 90 days - the latter is the reason that his appointment is facially legal.

The actual question is whether it is constitutional to allow someone who was not in a Senate-confirmed position to be appointed as a principal officer regardless of what the VRA says, because he definitely technically meets its requirements.

eke out fucked around with this message at 18:06 on Nov 13, 2018

Sanguinia
Jan 1, 2012

~Everybody wants to be a cat~
~Because a cat's the only cat~
~Who knows where its at~

Hellblazer187 posted:

For all of the (justified) "rest in piss" stuff we said about McCain on this board, it's kind of silly to forget how much he was respected by most people and especially in Arizona.

I wonder how many of these Republican who voted for Sinema will be Republicans again next time or if they will be like the "Democrats" in the south who voted straight party R for decades.

We have to accept that the other AZ senate seat is not likely to flip in 2020 I think.

JasonV
Dec 8, 2003
https://twitter.com/AaronMehta/status/1062388954002046976

eke out
Feb 24, 2013




however, it's apparently for the dumbest possible reason lol

https://twitter.com/rebeccaballhaus/status/1062387089898172423

Mahoning
Feb 3, 2007

And Sherrod Brown won 11% of Republicans in Ohio. For all the talk of "people vote the party line and don't sway from it, it's all about turnout amongst your base", it doesn't seem to hold true. The right candidates and picking and choosing your message based on your state can and will get people to cross party lines. At least in these purple states.

JasonV
Dec 8, 2003

eke out posted:

however, it's apparently for the dumbest possible reason lol

https://twitter.com/rebeccaballhaus/status/1062387089898172423

Hmmmmmm:
https://twitter.com/JesseRodriguez/status/1062390009179881478

mdemone
Mar 14, 2001


Can we just do this already? This one is post-anti-climactic.

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STAC Goat
Mar 12, 2008

Watching you sleep.

Butt first, let's
check the feeds.

Acebuckeye13 posted:

That is what it is supposed to be, yes. Problem is, Trump thinks NATO is actually a protection racket.

Yeah, when you say "Nice store you have here, shame if something happened to it" you're not actually hoping the store owner goes out and gets a security system or insurance (or in this case perhaps a shotgun under the counter).

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