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The Constitutional Crisis Thread

Posted: Sun Jan 29, 2017 9:12 pm
by _EAllusion
It's clear by this point that the Trump admin is openly defying the court stay on his executive order. Senior members of Congress aren't able to get through. The next reasonable step is for a judge to find contempt and send US marshals. That this hasn't happened already is itself conspicuous and suggests a behind the scenes internal battle. If marshals get sent, CBP either would have to stand down, be arrested, or the marshals could ignore the court order and side with the Trump admin. If that last thing happens, it would be wise to react as though the country is undergoing an autocratic takeover and do what you think is justified in such circumstances.

Re: The Constitutional Crisis Thread

Posted: Sun Jan 29, 2017 9:16 pm
by _Res Ipsa
EA, Do we know whether a contempt motion has been filed?

Re: The Constitutional Crisis Thread

Posted: Sun Jan 29, 2017 9:18 pm
by _EAllusion
Res Ipsa wrote:EA, Do we know whether a contempt motion has been filed?


I believe the ACLU filed a contempt motion earlier in the day. No word that I've seen on any ruling on it. It's plain as day contempt, so there's some careful deliberation going on right now.

Now might be a good time to start writing up your letter to your Congressional representative expressing your concern and desire for impeachment articles to be drawn up.

Re: The Constitutional Crisis Thread

Posted: Sun Jan 29, 2017 9:43 pm
by _Kevin Graham
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Re: The Constitutional Crisis Thread

Posted: Sun Jan 29, 2017 10:14 pm
by _subgenius
EA, shall we search posts to see what your position was when Obama acted contrary to his oath of office?

Re: The Constitutional Crisis Thread

Posted: Sun Jan 29, 2017 10:19 pm
by _EAllusion
subgenius wrote:EA, shall we search posts to see what your position was when Obama acted contrary to his oath of office?

Feel free. Given that Obama hasn't ever openly violated a court injunction, good luck finding an analogous example. But I suppose the old rusty false equivalence gears are creeking about in your head. I suppose we can be glad that you aren't trolling by calling federal marshals to arrest Schumer for inciting riots.

Re: The Constitutional Crisis Thread

Posted: Sun Jan 29, 2017 10:21 pm
by _Kevin Graham
subgenius wrote:EA, shall we search posts to see what your position was when Obama acted contrary to his oath of office?


Trump has violated the Constitution twice now and he's now in contempt for defying the Federal court. All in his first week.

The "but Obama..." retort is only going to make you look like more of an idiot than you already do.

Re: The Constitutional Crisis Thread

Posted: Sun Jan 29, 2017 10:21 pm
by _Chap
subgenius wrote:EA, shall we search posts to see what your position was when Obama acted contrary to his oath of office?


Or .... "Look!!!! A SQUIRREL!!!!!!"

Well, maybe start another thread on that if you think it is of current interest?

Meanwhile, this is a live issue before the courts, and a potentially very serious one, depending on how it turns out. Let's stick to that.

Re: The Constitutional Crisis Thread

Posted: Sun Jan 29, 2017 10:28 pm
by _Res Ipsa
EAllusion wrote:
Res Ipsa wrote:EA, Do we know whether a contempt motion has been filed?

I believe the ACLU filed a contempt motion earlier in the day. No word that I've seen on any ruling on it. It's plain as day contempt, so there's some careful deliberation going on right now.

Now might be a good time to start writing up your letter to your Congressional representative expressing your concern and desire for impeachment articles to be drawn up.

I found reports that the ACLU was considering a contempt motion, but nothing saying one had been filed. But then there's so much information floating around it's hard to keep up.

Kevin Graham wrote:
subgenius wrote:EA, shall we search posts to see what your position was when Obama acted contrary to his oath of office?


Trump has violated the Constitution twice now and he's now in contempt for defying the Federal court. All in his first week.

The "but Obama..." retort is only going to make you look like more of an idiot than you already do.

Can we at least be accurate. Trump would not be in contempt until a court directly ordered him to do something, he violated the order, and the court held him in contempt. I don't think any judge has ordered the president to do anything. Any contempt order would be aimed at the people taking the actions that violate the order.

Re: The Constitutional Crisis Thread

Posted: Sun Jan 29, 2017 10:35 pm
by _EAllusion
Res Ipsa wrote:
Can we at least be accurate. Trump would not be in contempt until a court directly ordered him to do something, he violated the order, and the court held him in contempt. I don't think any judge has ordered the president to do anything. Any contempt order would be aimed at the people taking the actions that violate the order.


Correct. We don't know if Trump gave the order to disregard the court order. Someone in a position of authority did, but we don't know who. All we know is that Trump admin is sitting idly by while CBP, under their authority, defies the order. That's already a big deal as they are behaving in a complicit fashion. The next step is a contempt finding, followed by marshals being sent to enforce it. If the marshals are ordered by Trump not to uphold rule of law, that's the point where impeachment is the remedy. We're in "get ready" mode.

Emoluments are an impeachable issue, but that's a separate topic.