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Andrew Weissmann's intentional ignorance on checks and balances.

Posted on 4/29/24 at 7:48 am
Posted by GumboPot
Member since Mar 2009
119172 posts
Posted on 4/29/24 at 7:48 am
quote:

I mean, I know it sounds like hyperbole, but I think your opening is so correct that we are essentially, as Neil put it, one vote away from sort of the end of democracy as we know it with checks and balances. And to say it’s an imperial presidency that would be created is, it’s frankly saying it would be a king, he would be criminally immune. And that that is what is so shocking is how close we are.


He is framing this like the DOJ and state prosecutors are the check against the executive. They are not.

The people and the legislative branch are the first check against the executive in terms of presidential immunity.

In all these arguments for or against presidential immunity I never hear the legislative branch's role in checking the executive. Why is that? They have the most power to check the president and his office.

I really hope SOTUS returns with a judgment basically stating, "congress get off your arse and make the determination of what is an official act and a private act"...congress has that authority through the impeachment clause in the constitution.

I think Andrew Weissmann's frustration is that congress moves too slow or never moves to check the executive. He want's the power to check the executive coming from the DOJ.

LINK
Posted by Deuces
The bottom
Member since Nov 2011
12546 posts
Posted on 4/29/24 at 7:49 am to
His problem is he wants to be a king who subverts democracy.

Weissmann that is
This post was edited on 4/29/24 at 7:50 am
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
424629 posts
Posted on 4/29/24 at 7:51 am to
quote:

In all these arguments for or against presidential immunity I never hear the legislative branch's role in checking the executive. Why is that?

In a criminal case, they have none.

Well, I guess other than writing the criminal laws, but nobody is talking about that as a check, I hope, due to the universality.

quote:

I really hope SOTUS returns with a judgment basically stating, "congress get off your arse and make the determination of what is an official act and a private act".

Not their job. That's a role courts have been in for a long time. Immunity is a judicially-created rule, so the parameters are also judicial in nature.

The President isn't the first position to have this debate.

quote:

.congress has that authority through the impeachment clause in the constitution.


No they don't.
Posted by DotBling
Member since Oct 2019
3076 posts
Posted on 4/29/24 at 7:52 am to
quote:

Andrew Weissmann


Is whatever scum is to scum.
Posted by lake chuck fan
westlake
Member since Aug 2011
9302 posts
Posted on 4/29/24 at 7:52 am to
quote:


I really hope SOTUS returns with a judgment basically stating, "congress get off your arse and make the determination of what is an official act and a private act".


I believe that is what will occur, but SCOTUS will send back to appeals court and direct them to make that distinction (which the appeals court should've already done).
Posted by POTUS2024
Member since Nov 2022
11708 posts
Posted on 4/29/24 at 7:59 am to
Weissmann is the most corrupt lawyer in America. He let people die in prison, knowing they were innocent. He is a true POS.

He wants to be King, along with other un-elected goons at DOJ.

DOJ's arguments in this case are pretty bad.
SCOTUS: How do we know you wouldn't abuse prosecution of a president for partisan purposes?
DOJ: We're great people, you can trust us.

In one of the exchanges DOJ was asked about Obama being criminally accountable for droning Americans. DOJ was like "well it was deemed legal" - of course it was, primarily because of the labels and status that Obama, as President, was able to attach to these people. He was able to write his own get out of jail free card. Greenwald destroyed the DOJ's position on that and you can rest assured that no one at the DOJ would ever try to challenge that and go after Obama, if they prevail at SCOTUS, because all of this is political.
Posted by Indefatigable
Member since Jan 2019
26881 posts
Posted on 4/29/24 at 8:13 am to
quote:

congress has that authority through the impeachment clause in the constitution.

When are you going to stop bringing up impeachment in criminal proceedings?
Posted by teke184
Zachary, LA
Member since Jan 2007
96666 posts
Posted on 4/29/24 at 8:17 am to
Tom Clancy laid out the Deep State, albeit not by that name, in Executive Orders.

He called them “official Washington” and a big part of the problems in the book was that the new politicians were not kowtowing to these groups and they were getting pissed about it.



Civil servants and those on the periphery are there to keep things running regardless of who the executive is. When they see themselves as bigger than the executive, that is where the Pendleton Civil Service Act needs to be overhauled and these frickers frog marched out.
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
262330 posts
Posted on 4/29/24 at 8:22 am to
quote:

one vote away from sort of the end of democracy


Makes you wonder how long they can beat this dead horse.
Posted by LSUvet72
Member since Sep 2013
12171 posts
Posted on 4/29/24 at 8:27 am to
Andrew is a Facist, progressive commie who needs to lose his right to practice law in the U.S.

Let him move to China where they would eliminate him on day one.
Posted by Longhorn Actual
Member since Dec 2023
961 posts
Posted on 4/29/24 at 9:16 am to
quote:

I think Andrew Weissmann's frustration is that congress moves too slow or never moves to check the executive. He want's the power to check the executive coming from the DOJ.



Considering DOJ falls within the executive branch, he's effectively advocating for a 4th branch of government.

The intelligence community and the media are the 4th and 5th branches, so DOJ would have to be #6.
Posted by Mid Iowa Tiger
Undisclosed Secure Location
Member since Feb 2008
18783 posts
Posted on 4/29/24 at 10:02 am to
I agree the legislative branch has the ability to end a presidency.

The judicial branch isn’t supposed to have that authority.
Posted by Tchefuncte Tiger
Bat'n Rudge
Member since Oct 2004
57484 posts
Posted on 4/29/24 at 11:10 am to
quote:

He is framing this like the DOJ and state prosecutors are the check against the executive. They are not.


The DOJ is part of the executive branch, thus not a part of his theory of "checks-and-balances." That job falls squarely on the legislative and judicial branches, the former of which has failed miserably in that task.
Posted by VoxDawg
Glory, Glory
Member since Sep 2012
61011 posts
Posted on 4/29/24 at 11:18 am to
quote:

the end of democracy as we know it

When they say this, they're not meaning our Constitutional Republic where we conduct democratic elections. They mean the rigged system of the illusion of choice that the unelected and installed have developed to enrich themselves at the cost of the American taxpayer.
Posted by BobBoucher
Member since Jan 2008
16818 posts
Posted on 4/29/24 at 8:56 pm to
quote:

He want's the power to check the executive coming from the DOJ.


He wants unelected bureaucrats in the executive branch to check the executive.

He’s advocating for a soft coup and admitting the deep state is a thing.

Who is the real threat to democracy?
This post was edited on 4/29/24 at 8:57 pm
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