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re: Judge Beryl Howell goes all in blocks another Trump EO - Perkins Coie

Posted on 5/4/25 at 8:50 pm to
Posted by Warboo
Enterprise Alabama
Member since Sep 2018
5522 posts
Posted on 5/4/25 at 8:50 pm to
quote:

But he did give a reason, and we're discussing that within the context of a case.


Means nothing.

quote:

People said this about the Aliens and Enemies Act and scuttled when I was proven right


Again, means nothing.
Posted by Warboo
Enterprise Alabama
Member since Sep 2018
5522 posts
Posted on 5/4/25 at 8:57 pm to
quote:

But he did give a reason, and we're discussing that within the context of a case.


The judge based her decision on what was presented. It is laughable because she has no jurisdiction over his reason. It is simple as that.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
465805 posts
Posted on 5/4/25 at 8:58 pm to
quote:

But they are.

No

Government violating the Constitution =/= granting a right to an individual
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
465805 posts
Posted on 5/4/25 at 9:00 pm to
quote:

You have explained what YOU are discussing now


I was replying to this

quote:

One that can be be denied or revoked for whatever reason the Executive Branch wants.


Which I did not say

quote:

which has no relevance to the issue

Untrue. The judge ruling this decision wasn't absolute is relevant to supa saying the decision is absolute.

Posted by Warboo
Enterprise Alabama
Member since Sep 2018
5522 posts
Posted on 5/4/25 at 9:07 pm to
quote:

Untrue. The judge ruling this decision wasn't absolute is relevant to supa saying the decision is absolute.


At the end of the day this argument is really silly. Trump has the authority to remove the law firms security clearance regardless of what he or his administration has said or done. You can spin it more ways than a top but it will not matter.
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
135503 posts
Posted on 5/5/25 at 4:19 am to
quote:

No one has a right to a clearance,
---
Nobody is arguing that.
---
But they are.
quote:

No

Government violating the Constitution =/= granting a right to an individual
You can claim denial of access could somehow be contrived as a Constitutional breach, and make that argument, I guess. However, here you assume it as a matter of fact, which is silly.

But let's explore your jump to assignment of Constitutional breach to the Executive Branch, which btw is a habitual flaw in assumption on your part. Your arguments begin and end with the consistent mispresumption the Judicial Branch does not violate the Constitution. So let's break down the counter.

(a) The executive branch controls the clearance process entirely.

(b) Congress has oversight on how Executive agencies manage clearance.

(c) Congress has not raised issue with Trump's actions.

(d) A & B are the Constitutional considerations.

(e) To the extent the Judicial Branch desires to subvert A, and disregard B/C, therein lies the Constitutional violation.
This post was edited on 5/5/25 at 5:12 am
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
465805 posts
Posted on 5/5/25 at 7:06 am to
quote:

However, here you assume it as a matter of fact, which is silly.


Naw

quote:

(a) The executive branch controls the clearance process entirely.

(b) Congress has oversight on how Executive agencies manage clearance.

(c) Congress has not raised issue with Trump's actions.

(d) A & B are the Constitutional considerations.

(e) To the extent the Judicial Branch desires to subvert A, and disregard B/C, therein lies the Constitutional violation.


This is not how our system has worked since Marbury v. Madison
Posted by Trevaylin
south texas
Member since Feb 2019
9623 posts
Posted on 5/5/25 at 7:22 am to
the system was changed to viewpoint discrimination as the controlling law fare
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
135503 posts
Posted on 5/5/25 at 7:42 am to
quote:

(a) The executive branch controls the clearance process entirely.

(b) Congress has oversight on how Executive agencies manage clearance.

quote:

This is not how our system has worked since Marbury v. Madison
What an extraordinary and odd pretext, especially as your reference is to a case where Marshall specifically acknowledged the limited jurisdiction of SCOTUS, as defined by the Constitution. Something our current Judicial Branch repeatedly breaches.
This post was edited on 5/5/25 at 7:49 am
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
465805 posts
Posted on 5/5/25 at 8:09 am to
quote:

Marshall specifically acknowledged the limited jurisdiction of SCOTUS, as defined by the Constitution




As defined by English Common Law is more accurate.

quote:

Something our current Judicial Branch repeatedly breaches.

Only if you believe the incorrect paradigm you constructed, ESPECIALLY in the arena of Constitutional violation.

Congress has no direct oversight over the Executive, and has only the limited ability to change the laws at issue. However, in the realms of Constitutional violation by the Executive or the Executive exceeding the statutory authority granted by Congress, Congress has no role and no power to respond.

If the Executive does not believe it's limited by the Constitution, what could Congress even do? If you want to argue impeachment-removal (which is somewhat speculative as that violation is specifically not "treason, bribery, or other high crimes and misdemeanors"), what binds the President to agree and follow Congress in that instance? Whatever motivation the President had to violate the Constitution could just as easily apply to impeachment and removal as well.
Posted by lowhound
Effie
Member since Aug 2014
9615 posts
Posted on 5/5/25 at 8:40 am to
quote:

Perkins Coie, Howell wrote, is neither employed by the government nor a contractor with it, but is instead a "law firm representing some clients disliked by the president, engaging in some litigation seeking results disliked by the president, and operating its business, in part, in a manner disliked by the president."


If they're not a government employed lawfirm or contractor, why should they be allowed to have security clearances and have free access to Federal office buildings? Make that make sense.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
465805 posts
Posted on 5/5/25 at 8:43 am to
I believe it's dealing with representation of people in scenarios involving information requiring the clearance.

Example: Trump's criminal defense lawyers for the Florida federal prosecution

LINK

quote:

U.S. District Court Judge Aileen Cannon took one of her first substantive steps Thursday in Donald Trump’s prosecution for amassing military secrets at his Mar-a-Lago estate.

In a brief order, Cannon required all attorneys in the case — for Trump as well as his longtime valet, Walt Nauta, who is charged alongside him as an alleged co-conspirator — to contact the Justice Department about obtaining security clearances. The same instructions apply to any “forthcoming” attorneys, the judge said.
Posted by ole man
Baton Rouge
Member since Nov 2007
16698 posts
Posted on 5/5/25 at 9:22 am to
SFP all up in here spewing his partisan shite again your one of those that will defend a left extremism till the day you frickin die and that’s all this shite is the left doing anything and everything to stop what’s gonna eventually happen
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
135503 posts
Posted on 5/5/25 at 9:40 am to
quote:

However, in the realms of Constitutional violation by the Executive or the Executive exceeding the statutory authority granted by Congress, Congress has no role and no power to respond.
That is complete total horseshite. Of course Congress has power to respond, up to and including removal of a POTUS.

The fact that Congress has pretzelled itself into a completely dysfunctional, thereby weakened, body is for Congress itself to correct. But with weakness comes void of authority. With the modern Legislative Branch void comes a natural fight by the Exec and/orJudiciary to seize LB power and in-fill extra-constitutionally.
Posted by VOR
Member since Apr 2009
67413 posts
Posted on 5/5/25 at 9:44 am to
It really is a case of attacking firms who represents clients and causes he doesn’t like. That should give everyone
a reason to be concerned. There will be a Democrat in office one day.
Posted by ChatGPT of LA
Member since Mar 2023
4398 posts
Posted on 5/5/25 at 9:49 am to
quote:

What an extraordinary and odd pretext, especially as your reference is to a case where Marshall specifically acknowledged the limited jurisdiction of SCOTUS, as defined by the Constitution. Something our current Judicial Branch repeatedly breaches.


Hes a fricking moron and is googling and pasting. He has no depth in his feigned knowledge of law.
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
135503 posts
Posted on 5/5/25 at 10:00 am to
quote:

It really is a case of attacking firms who represents clients and causes he doesn’t like. That should give everyone a reason to be concerned.
Your reference is to the same firms that attempted to destroy anyone willing to serve conservative clients in the 2020 aftermath???

Yeah?

Excuse me for not shedding one damn tear for those scum-ridden manure sacks and embarrassments to your field.
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
135503 posts
Posted on 5/5/25 at 10:07 am to
quote:

I believe it's dealing with representation of people in scenarios involving information requiring the clearance.
When Howell entertains such a limited ruling, start a thread about it. In this instance, she did nothing of the sort.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
465805 posts
Posted on 5/5/25 at 11:13 am to
quote:

Of course Congress has power to respond, up to and including removal of a POTUS.

Do they?

Again, is this "treason, bribery, or other high crimes and misdemeanors"?

Again, assuming the answer to above is "Yes", if the President is already ignoring the Constitution, why would he start following it with the impeachment-removal process?

I already posted that in the post to which you replied.

quote:

If the Executive does not believe it's limited by the Constitution, what could Congress even do? If you want to argue impeachment-removal (which is somewhat speculative as that violation is specifically not "treason, bribery, or other high crimes and misdemeanors"), what binds the President to agree and follow Congress in that instance? Whatever motivation the President had to violate the Constitution could just as easily apply to impeachment and removal as well.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
465805 posts
Posted on 5/5/25 at 11:13 am to
quote:

When Howell entertains such a limited ruling, start a thread about it. In this instance, she did nothing of the sort.

Someone asked a question and I gave an answer with an example
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