Started By
Message

re: I don’t understand the Acosta ruling

Posted on 11/24/18 at 6:55 pm to
Posted by Dale51
Member since Oct 2016
32378 posts
Posted on 11/24/18 at 6:55 pm to
quote:

but when it does, it can’t arbitrarily revoke them.

What are you basing that claim on?
Posted by SlapahoeTribe
Tiger Nation
Member since Jul 2012
12096 posts
Posted on 11/24/18 at 6:57 pm to
Acosta refused to give a microphone, and the judge ruled that he get due process before his privilege of asking questions can be revoked.

So....

If I refused to give a breathalyzer, would the judge rule that I get due process before my privilege of driving can be revoked?
Posted by MintBerry Crunch
Member since Nov 2010
4854 posts
Posted on 11/24/18 at 6:59 pm to
It was a good ruling. The WH pulled his pass without giving him a trial or investigation. Technically, all citizens are due process before the government takes action.

Don’t like the ruling but it’s correct.
Posted by Strannix
District 11
Member since Dec 2012
48917 posts
Posted on 11/24/18 at 7:02 pm to
quote:

It was a good ruling. The WH pulled his pass without giving him a trial or investigation. Technically, all citizens are due process before the government takes action.

Don’t like the ruling but it’s correct.


Lol wut? All kinds of rights and freedoms can be revoked without any sort of trial or investigation? What was there to investigate, it was in plain view on camera
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
27067 posts
Posted on 11/24/18 at 7:17 pm to
quote:

If I refused to give a breathalyzer, would the judge rule that I get due process before my privilege of driving can be revoked?


You’re entitled to an administrative hearing to challenge the officer’s determination that there was probable cause to subject you to a breath chemical test, yes. You should probably choose a different example
Posted by Smart Post
Member since Feb 2018
3539 posts
Posted on 11/24/18 at 7:19 pm to
quote:

If I refused to give a breathalyzer, would the judge rule that I get due process before my privilege of driving can be revoked?

Well, in Texas you do, it's called an "administrative license revocation" hearing. It requires preponderance of evidence and is heavily, heavily slanted against the defendant (but I digress).

But I get your point. Because it's an "administrative" process, that's the state's way of avoiding double jeopardy, in that your license can be suspended administratively, then suspended again related to criminal conviction, all for the same offense.

I would argue that the issuance of a press pass is an administrative policy that doesn't afford due process (notwithstanding what I wrote earlier), but perhaps the courts indeed have applied the right to due process to criminal, civil and administrative action.

Edit: Obviously they have.
This post was edited on 11/24/18 at 8:09 pm
Posted by texridder
The Woodlands, TX
Member since Oct 2017
14190 posts
Posted on 11/24/18 at 7:22 pm to
quote:

assault female staffer

You're like a pull-the-string toy.

Pull your string and you say "assault female staffer" - 3 times in the first page of the thread.

Posted by Turbeauxdog
Member since Aug 2004
23189 posts
Posted on 11/24/18 at 7:24 pm to
quote:

Pull your string and you say "assault female staffer" - 3 times in the first page of the thread.



Is there a proper frequency for true statements in a thread?
Posted by SlapahoeTribe
Tiger Nation
Member since Jul 2012
12096 posts
Posted on 11/24/18 at 7:27 pm to
quote:

You’re entitled to an administrative hearing to challenge the officer’s determination that there was probable cause to subject you to a breath chemical test, yes. You should probably choose a different example

In Louisiana? That new? Because I’ve always been told that simple refusal to submit to a breathalyzer or blood test causes my license to be suspended for 12 months (maybe 6... it’s been a while since I’ve had a cop tell me that one ).
Posted by Smart Post
Member since Feb 2018
3539 posts
Posted on 11/24/18 at 7:30 pm to
quote:

You’re entitled to an administrative hearing to challenge the officer’s determination that there was probable cause to subject you to a breath chemical test, yes.

It's more than that in Texas. One of the elements to be proven by a preponderance of evidence is that you were correctly read the statutory warning advising you of the consequences of refusal.
Posted by Strannix
District 11
Member since Dec 2012
48917 posts
Posted on 11/24/18 at 7:34 pm to
quote:

Pull your string and you say "assault female staffer" - 3 times in the first page of the thread.



How else do you phrase it? Acosta attacked female staffer?
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 11/24/18 at 7:36 pm to
quote:

assault female staffers
Repeating it 100 times does not make it true.
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 11/24/18 at 7:38 pm to
quote:

Try it yourself in public to a woman you don't know and then report back on how it went.

Try what? Inadvertently brushing the arm of someone who is reaching across my body?

Run to a cop with that one. He will laugh in your face and tell you to grow a pair.
Posted by texridder
The Woodlands, TX
Member since Oct 2017
14190 posts
Posted on 11/24/18 at 7:39 pm to
quote:

How else do you phrase it? Acosta attacked female staffer?

Attacked?

attack -- to take an aggressive and violent action against a person or place.

An aggressive and violent action. You sure about that?
Posted by Turbeauxdog
Member since Aug 2004
23189 posts
Posted on 11/24/18 at 7:39 pm to
quote:

Try what? Inadvertently brushing the arm of someone who is reaching across my body?


Oh lord
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 11/24/18 at 7:40 pm to
quote:

(The judge) found that the White House afforded no process to dispute the allegations, and the video was not blatant enough to justify no due process.

I can live with that, and so could all of the lawyers in the Office of Legal Counsel and the Solicitor General’s Office.
Basically, even TRUMP's "best people" are smarter than the PT whiners.
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 11/24/18 at 7:43 pm to
quote:

quote:

but when it does, it can’t arbitrarily revoke them.
What are you basing that claim on?
Several hundred years of Anglo-American jurisprudence.
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 11/24/18 at 7:45 pm to
quote:

You're like a pull-the-string toy.

Pull your string and you say "assault female staffer" - 3 times in the first page of the thread.
It is like the Bloody Mary legend.

He hopes that repeating it will magically revise the event.
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
27067 posts
Posted on 11/24/18 at 7:45 pm to
quote:

In Louisiana? That new? Because I’ve always been told that simple refusal to submit to a breathalyzer or blood test causes my license to be suspended for 12 months (maybe 6... it’s been a while since I’ve had a cop tell me that one ).


So, we are quibbling over temporal semantics a bit. Technically, your license is suspended immediately. However, you are entitled to said administrative hearing. It’s nearly impossible to win that hearing, but you are entitled to it, nonetheless
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 11/24/18 at 7:46 pm to
quote:

How else do you phrase it? Acosta attacked female staffer?
"Acosta inadvertently brushed the arm of a female staffer who was reaching across his body."

It is longer and lacks the pizzazz of Strannix' made-up bullshite, but it is FAR, FAR more accurate.
This post was edited on 11/24/18 at 7:55 pm
first pageprev pagePage 2 of 6Next pagelast page

Back to top
logoFollow TigerDroppings for LSU Football News
Follow us on Twitter, Facebook and Instagram to get the latest updates on LSU Football and Recruiting.

FacebookTwitterInstagram