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re: Federal judge rejects bids to halt Georgia prosecution of Trump aides over 2020 election

Posted on 8/24/23 at 11:59 am to
Posted by loogaroo
Welsh
Member since Dec 2005
31632 posts
Posted on 8/24/23 at 11:59 am to
quote:

“Federal courts have repeatedly denied requests to interfere in state criminal prosecutions,” Willis’ team noted in the 13-page response to the effort by Meadows, who served as White House chief of staff during the last nine months of Trump’s term. “Generally, only in cases of proven harassment or prosecutions taken in bad faith without hope of obtaining a valid conviction is federal intervention against pending state prosecutions appropriate.”


Seems pretty obvious here, but you will overlook this because you want him persecuted.
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 8/24/23 at 12:01 pm to
quote:

He cites the statute, I would like to read the statute he is referring to
Well, I quoted it for you ...
Posted by Nosevens
Member since Apr 2019
10731 posts
Posted on 8/24/23 at 12:01 pm to
I love the usages of law statutes by the left that should be followed while arguing cases that have zero legitimacy or precedence being brought forth by the left. Tells us booze & Ag what is your opinions on the Ga RICO cases? Is there any specific charges that seem legitimate? As the DA herself stated there is no specific crime, it’s the totality of them that is the crime.
Posted by TDTOM
Member since Jan 2021
15325 posts
Posted on 8/24/23 at 12:04 pm to
This thread is looks like a community college law school reunion.
Posted by loogaroo
Welsh
Member since Dec 2005
31632 posts
Posted on 8/24/23 at 12:05 pm to
quote:

booze & Ag what is your opinions on the Ga RICO cases? Is there any specific charges that seem legitimate?


They will hide behind the law because they have no morals.

Ultimately it was the DA's personal decision to prosecute.

They are fine with overlooking all the Biden's have done.
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 8/24/23 at 12:06 pm to
quote:

“Federal courts have repeatedly denied requests to interfere in state criminal prosecutions,” Willis’ team noted in the 13-page response to the effort by Meadows, who served as White House chief of staff during the last nine months of Trump’s term. “Generally, only in cases of proven harassment or prosecutions taken in bad faith without hope of obtaining a valid conviction is federal intervention against pending state prosecutions appropriate.”
quote:

Seems pretty obvious here....

That addresses the question of whether the case should ultimately be removed to federal court, which is NOT the issue addressed in the Order at issue. That Order addresses ONLY the question of whether state proceedings should be stayed pending a resolution of whether removal is appropriate.
quote:

you will overlook this because you want him persecuted
I am simply showing that the failure to stay the state proceedings was legally correct.
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 8/24/23 at 12:08 pm to
quote:

Tells us booze & Ag what is your opinions on the Ga RICO cases?
On cursory review, they look pretty weak to me.
Posted by Nosevens
Member since Apr 2019
10731 posts
Posted on 8/24/23 at 12:10 pm to
Thanks for a honest answer
Posted by boosiebadazz
Member since Feb 2008
80549 posts
Posted on 8/24/23 at 12:11 pm to
I don’t think it’s RICO, but where do you find support for the federal judge reading the availability of a TRO into the removal statute Hank cited?
Posted by boosiebadazz
Member since Feb 2008
80549 posts
Posted on 8/24/23 at 12:12 pm to
quote:

They will hide behind the law because they have no morals.


This is the literal basis for judicial activism. Disregard the law because “feelings”.
Posted by Nosevens
Member since Apr 2019
10731 posts
Posted on 8/24/23 at 12:18 pm to
That wasn’t what I was addressing staying temporarily till a determination really doesn’t sound harmful for Meadows other than a mugshot. Of course this is a case where political bias is the sole purpose but getting to federal level probably isn’t happening for same reason.
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 8/24/23 at 12:22 pm to
quote:

They will hide behind the law because they have no morals.
You clearly have no understanding of the role of the judiciary in the American system.
quote:

"There is a story that two of the greatest figures in our law, Justice Holmes and Judge Learned Hand, had lunch together and afterward, as Holmes began to drive off in his carriage, Hand ... cried "Do justice, sir, do justice." Holmes stopped the carriage and reproved Hand "That is not my job. It is my job to apply the law."" Robert Bork, 1990.
Unless you favor judicial activism, it is not the role of a judge to try and impose his morals. If the legislature has spoken, it is his job to apply the law provided to him by the Legislature.
Posted by loogaroo
Welsh
Member since Dec 2005
31632 posts
Posted on 8/24/23 at 12:23 pm to
quote:

I am simply showing that the failure to stay the state proceedings was legally correct.


So the judge has no wiggle room if he feels the prosecutions are taken in bad faith?
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 8/24/23 at 12:24 pm to
quote:

So the judge has no wiggle room if he feels the prosecutions are taken in bad faith?
None at this stage, no.

Later, if he accepts the removal of the case, he might address that issue in the context of a Motion to Dismiss.
Posted by Nosevens
Member since Apr 2019
10731 posts
Posted on 8/24/23 at 12:39 pm to
Leftists judges wholeheartedly believe in judicial activism though
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 8/24/23 at 12:47 pm to
quote:

Leftists judges wholeheartedly believe in judicial activism though
Well, this judge applied the law and avoided judicial activism.

Who appointed him?
Posted by Mephistopheles
Member since Aug 2007
8331 posts
Posted on 8/24/23 at 12:51 pm to
quote:

Removal of criminal matters from state to fed court is extremely limited...this isn't a civil case. But go ahead and conrspiracy yourselves to death.



Meadows appears to have a pretty cut and dried argument that his actions were within the scope of his duties - which is is what he needs to show to remove to federal court.

However the jury pool is Atlanta for the relevant fed district.
Posted by Nosevens
Member since Apr 2019
10731 posts
Posted on 8/24/23 at 12:53 pm to
Apples/ oranges
I was talking as a whole about leftist judges as you mentioned the term of judicial activism, not a individual judge
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 8/24/23 at 12:55 pm to
quote:

Meadows appears to have a pretty cut and dried argument that his actions were within the scope of his duties - which is is what he needs to show to remove to federal court.
But is 28 USC §1442 compulsory or discretionary?

The language of the statute is "may," not "shall."

Can the federal court decline to take the case, even if Meadows WAS in the "course and scope?" That would seem to be contrary to the apparent intent of allowing removal to prevent "hometowning," but the language is hard to ignore.
This post was edited on 8/24/23 at 1:06 pm
Posted by cwill
Member since Jan 2005
54754 posts
Posted on 8/24/23 at 2:08 pm to
quote:

Meadows appears to have a pretty cut and dried argument that his actions were within the scope of his duties - which is is what he needs to show to remove to federal court.


I don't think removal is as clear cut as you think.
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