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re: Judge Issues TRO that Texas Democrats Cannot be Arrested

Posted on 8/9/21 at 3:59 pm to
Posted by WeeWee
Member since Aug 2012
43726 posts
Posted on 8/9/21 at 3:59 pm to
quote:

Can the judge be arrested as well for trying to interfere with the law?


Not while he is performing his official duties.
This post was edited on 8/9/21 at 4:15 pm
Posted by BlackHelicopterPilot
Top secret lab
Member since Feb 2004
52841 posts
Posted on 8/9/21 at 4:06 pm to
quote:

A judge cannot bring a charge that is true. However, Jose Garza (D) who is the Travis County district attorney can.


What charge? Ignoring a judge is NOT against Travis County LAW. The judge would have to declare the dude in contempt and then somehow get someone (a bailiff lol?) to go get him.

Again, the DA has zero law to support any charge related to this order. Name the statute that would be in play here. Especially given the fact that the Texas constitution grants the House the right to do this.

It is silliness to suggest the DA has some standing to bring a charge here. He does not
Posted by WeeWee
Member since Aug 2012
43726 posts
Posted on 8/9/21 at 4:07 pm to
quote:

What charge? Ignoring a judge is NOT against Travis County LAW. The judge would have to declare the dude in contempt and then somehow get someone (a bailiff lol?) to go get him.


Violating a temporary restraining order is a crime.
Posted by Bard
Definitely NOT an admin
Member since Oct 2008
57639 posts
Posted on 8/9/21 at 4:09 pm to
quote:

Not while he is perfect his official duties.


Issuing a restraining order in an attempt to stop a constitutionally mandated power should be grounds for Malfeasance.
Posted by BlackHelicopterPilot
Top secret lab
Member since Feb 2004
52841 posts
Posted on 8/9/21 at 4:10 pm to
quote:

Violating a temporary restraining order is a crime.



You got me. But, given the situation, I'd still do this and I suspect they will. They will likely get the TRO overturned soon anyway as the law is clearly on the side of the house being empowered to do this.


If not, there would have been no reason for the fricks to flee the state and stay away...they could just go home. But, the KNOW and ACKNOWLEGE the right be fleeing and staying away
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
134949 posts
Posted on 8/9/21 at 4:17 pm to
quote:

Judge Issues TRO that Texas Democrats Cannot be Arrested
He does not have that authority. If I know that out-of-hand as a nonlawyer, then every individual with a legal background in Texas knows the same. Let's see how long it takes this partisan POS to get put in his place.
Posted by alatxtgr
The Nation of Texas
Member since Sep 2006
2372 posts
Posted on 8/9/21 at 4:17 pm to
quote:

Ignore this judge
Sign the petition to place TEXIT on the ballot and do away with so called Federal judges frickin’ with the Nation of Texas !!!
Posted by Bomont
Member since May 2021
975 posts
Posted on 8/9/21 at 4:25 pm to
Go figure dude looks like he climbed over the wall to get here.
Posted by Indefatigable
Member since Jan 2019
35459 posts
Posted on 8/9/21 at 4:30 pm to
quote:

he doesn't have the authority


I'm not saying I agree or disagree, but why wouldn't he have the authority to issue a TRO?
Posted by Indefatigable
Member since Jan 2019
35459 posts
Posted on 8/9/21 at 4:35 pm to
quote:

He does not have that authority.


Care to explain the thinking here? I don't follow why so many are convinced that a TX state court judge cannot issue a TRO, unless there is something express in Texas law that would prevent that from happening in this instance.

Also, TRO's are very often issued and then once there is a hearing on the preliminary/permanent injunction, the judge will lift the TRO and deny the injunction.
Posted by LSUSkip
Central, LA
Member since Jul 2012
24717 posts
Posted on 8/9/21 at 4:38 pm to
Democrats shite on court orders all the time. As governor of Texas, I'd dare him to do something about it.
Posted by Barstools
Atlanta
Member since Jan 2016
11161 posts
Posted on 8/9/21 at 4:39 pm to
Yeah, that's notnhow this works.
Posted by blueridgeTiger
Granbury, TX
Member since Jun 2004
22000 posts
Posted on 8/9/21 at 5:06 pm to
quote:

Who is going to stop him?


I look for the Texas Supreme Court to exercise its supervisory authority in this case. It didn't hesitate when the beauty shop owner was jailed by a local judge.
Posted by BBQSooner
Member since Jul 2021
283 posts
Posted on 8/9/21 at 6:21 pm to
Gotta give to the Dems. They’re tough. They dont give a crap about the rule of law. They just win.

Oh the constitution and the people don’t want gay marriage to be legal? Screw it, make judges make it legal.

Oh Obama Care is unconstitutional? Screw it, call it a tax.

GOP are low T sissies. Always lose.

I’ve never seen a President more opposed by his own party than Trump.
Posted by trinidadtiger
Member since Jun 2017
18416 posts
Posted on 8/9/21 at 6:36 pm to
quote:

quote:
he doesn't have the authority


I'm not saying I agree or disagree, but why wouldn't he have the authority to issue a TRO?


He probably can, he could also issue a tro saying that murder can be committed and no one charged. The point is, a tro to prevent the state from enforcing the laws of the constitution of the state of Texas is nonsense and cant be enforced.
Posted by The Eric
Member since Sep 2008
23900 posts
Posted on 8/9/21 at 6:37 pm to
Abbott should go the way of Jackson.

The court has made its ruling… now let’s see them enforce it.
Posted by jake wade
North LA
Member since Oct 2007
2297 posts
Posted on 8/9/21 at 6:48 pm to
Is there an active Judge ANYWHERE that rules right?
This post was edited on 8/9/21 at 6:50 pm
Posted by dakarx
Member since Sep 2018
8122 posts
Posted on 8/9/21 at 6:59 pm to
Why is it these judges are not required to show their work? for example - I'm issuing a TRO because this X statute says Y is not subject to the law or whatever...

A leftist judge granting the dems the title of 'political enemies' affords them special privileges where intentionally being derelict in your sworn duties is no longer a problem and the laws no longer apply to you.

total horseshite.. ignore this clown and round them up... push comes to shove use the dem/CDC playbook and declare it an oopsie after the desired outcome is achieved.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
111872 posts
Posted on 8/9/21 at 7:09 pm to
quote:

Also, TRO's are very often issued and then once there is a hearing on the preliminary/permanent injunction, the judge will lift the TRO and deny the injunction


There has to be SOME legal basis for the request for relief. There is none here.
Posted by dafif
Member since Jan 2019
7805 posts
Posted on 8/9/21 at 7:21 pm to
As I see it... at least from Florida, is this TRO issue raises serious constitutional questions. First, who would be the “arresting officers”? Sgt at arms? Are they under the control of the legislature? Does the constitution give them the authority to arrest?

If so, the court does not have the power to interfere with the power of the legislative branch. Separation of powers. I would think that they could ignore it.

I would love to see the pleadings and here the argument made at the hearing
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