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re: DOJ Again Refuses to Give Judge Boasberg Sensitive Information on National Security

Posted on 3/19/25 at 1:20 pm to
Posted by therick711
South
Member since Jan 2008
25879 posts
Posted on 3/19/25 at 1:20 pm to
quote:

a. Is there an "invasion or predatory incursion"?


Nice bootstrapping. The statute specifically grants the authority to determine that to the president. The district court doesn't get to grade his work.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
451051 posts
Posted on 3/19/25 at 1:21 pm to
quote:

The statute specifically grants the authority to determine that to the president. The district court doesn't get to grade his work.

So what is the remedy if the executive acts beyond this limited statutory authority? Impeachment exclusively?
Posted by therick711
South
Member since Jan 2008
25879 posts
Posted on 3/19/25 at 1:22 pm to
What is the remedy in any non justiciable controversy? Change the law, constitutional amendment, ballot box, the purse, impeachment, etc.
Posted by Vacherie Saint
Member since Aug 2015
43782 posts
Posted on 3/19/25 at 1:23 pm to
so fricking what?

Article II, Section 2, Clause 1 was ratified by the continental congress at our founding. You are trying to ackshywully the board with this crap.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
451051 posts
Posted on 3/19/25 at 1:25 pm to
quote:

What is the remedy in any non justiciable controversy?

I just want everyone on your team to state this clearly.

As Bunk posted earlier, receipts are being saved for when the DEMs act in kind when they regain the Presidency.
Posted by Bjorn Cyborg
Member since Sep 2016
31966 posts
Posted on 3/19/25 at 1:25 pm to
quote:

a. Is there an "invasion or predatory incursion"?

b. If that can be determined, what "foreign nation or government" directing this specific "invasion or predatory incursion"? Specifically, here, what official acts of Venezuela are directly associated with the "invasion or predatory incursion" (the acts used to define a) by TDA?


I don't believe this is subject to judicial oversight. This is strictly under the authority of the president.

The executive doesn't have prove whether something is a matter of national security to a court. That is subjective and there is no way it could be proven, especially if it was based on classified information.

I can't even imagine a court proceeding where something like that would even take place. It's comical, just on its face.

Posted by Grumpy Nemesis
Member since Feb 2025
846 posts
Posted on 3/19/25 at 1:25 pm to
quote:


So what is the remedy if the executive acts beyond this limited statutory authority? Impeachment exclusively?

We have courts that are high enough to be a remedy. Joe Schmo in Schenectady ain't it though
Posted by Vacherie Saint
Member since Aug 2015
43782 posts
Posted on 3/19/25 at 1:25 pm to
quote:

So what is the remedy if the executive acts beyond this limited statutory authority? Impeachment exclusively?


same as pardons.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
451051 posts
Posted on 3/19/25 at 1:26 pm to
quote:

The executive doesn't have prove whether something is a matter of national security to a court.

The absurdity is pretending "national security" has anything to do with deporting some Venezuelan thugs.
Posted by Vacherie Saint
Member since Aug 2015
43782 posts
Posted on 3/19/25 at 1:26 pm to
Good. You think we want unelected activist judges unilaterally steering our government??
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
451051 posts
Posted on 3/19/25 at 1:27 pm to
quote:

We have courts that are high enough to be a remedy.

See? This is why y'all need to all get on the same page with this one.
Posted by Bjorn Cyborg
Member since Sep 2016
31966 posts
Posted on 3/19/25 at 1:27 pm to
quote:

So what is the remedy if the executive acts beyond this limited statutory authority? Impeachment exclusively?


Yes. What other remedy would there be? You can't fire him, arrest him, etc. Impeachment is the only remedy as far as I know.

Posted by Grumpy Nemesis
Member since Feb 2025
846 posts
Posted on 3/19/25 at 1:27 pm to
quote:


The absurdity is pretending "national security" has anything to do with deporting some Venezuelan thugs.

Your opinion as well as that of the nobody judge is noted and it carries exactly as much weight as mine when it comes to overruling the executive. That's the thing you fricking absurd people need to get through your head. We're not playing this stupid shite anymore where Lower Court judges apparently think they're co-equal to the president. They aren't. It's nothing but a bastardized interpretation
Posted by Vacherie Saint
Member since Aug 2015
43782 posts
Posted on 3/19/25 at 1:27 pm to
quote:

The absurdity is pretending "national security" has anything to do with deporting some Venezuelan terrorists.


You keep getting your fee fees mixed up with reality.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
451051 posts
Posted on 3/19/25 at 1:27 pm to
quote:

You think we want unelected activist judges unilaterally steering our government??

I want them to be able to stop violations of law by the Executive when needed.
Posted by therick711
South
Member since Jan 2008
25879 posts
Posted on 3/19/25 at 1:28 pm to
The team of what the law says and how the constitutional Republic works? That's easy. My position is the constitution and the statute.

I find it funny you think the democrats might try to deport foreign nationals engaging in criminal actions in our country. I don't know how I'll sleep at night worrying they might do that when their party gains the presidency.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
451051 posts
Posted on 3/19/25 at 1:28 pm to
quote:

You keep getting your fee fees mixed up with reality.

Even using your histrionic terms.

There is no actual national security issue involved.
Posted by therick711
South
Member since Jan 2008
25879 posts
Posted on 3/19/25 at 1:29 pm to
quote:

Impeachment is the only remedy as far as I know.


You should probably study civics then. There are plenty of supreme court decisions discussing the proper avenues for non justiciable controversies.
Posted by Grumpy Nemesis
Member since Feb 2025
846 posts
Posted on 3/19/25 at 1:29 pm to
quote:


See? This is why y'all need to all get on the same page with this one.

I'm not worried about being on the same page. I speak my opinions and if they happen to agree with somebody great if they don't I don't give a frick. It's completely absurd to interpret the Constitution to mean that every single lower court judge is co equal with the Congress and the president. No rational human being can think through that for a second and not see how stupid it is. It effectively makes Lower Court judges more powerful on an individual basis than Appellate Court judges. The only reason anybody is acting like this makes sense is because they like the result. Now I'm not really a fan of Marbury versus Madison. I think it over steps too but at least it was issued by a court that really is one of the three co-equal branches
Posted by Bjorn Cyborg
Member since Sep 2016
31966 posts
Posted on 3/19/25 at 1:29 pm to
quote:

The absurdity is pretending "national security" has anything to do with deporting some Venezuelan thugs.


This is as irrelevant to the overall discussion as all of your hypotheticals about U.S. citizens being among them.

I thought we weren't arguing the merits of the case, just the the tedious underlying procedures?

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