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Started By
Message
re: William Barr Will Decide if Donald Trump can Suspend Election
Posted on 7/30/20 at 10:03 pm to davyjones
Posted on 7/30/20 at 10:03 pm to davyjones
quote:
This situation requires the use of a small bit of inference. I'm confident what OP means is that Trump would be looking to Barr for legal counsel as to the question(s) of constitutionality/legality of the proposed action(s). That's one of the primary duties the AG owes the head of the Executive. So yes, technically the ball's in Barr's court on that.
If that’s what is meant, then that’s obviously fine.
If Barr’s analysis goes beyond reading Article II, Section 1, Clause iv of the Constitution, there’s a problem.
1
Posted on 7/30/20 at 10:16 pm to Steadmans Cheddar
quote:
If Barr’s analysis goes beyond reading Article II, Section 1, Clause iv of the Constitution, there’s a problem.
Well, IF this even happens, which who really knows because I'd imagine we actually aren't much in the know as to what's really going on, but if so it's probably going to be a case of reading that clause in combination with any current extraordinary powers that the President possesses due to covid. That would be the complicating factor.
But whatever Barr's advice to the President, the federal judiciary is there to field the challenges certain to be filed.
Posted on 7/30/20 at 10:18 pm to Buckeye Jeaux
quote:
So, OP thinks Barr now outranks Trump?
No. I don't think that.
Posted on 7/30/20 at 10:23 pm to davyjones
quote:
in combination with any current extraordinary powers that the President possesses due to covid. That would be the complicating factor.
That’s not how that works. Legislation can override legislation, not the Constitution.
Posted on 7/30/20 at 10:23 pm to davyjones
quote:
I believe Barr would advise the President on whether they have sound legal basis upon which to make such an Executive Order, if yes then POTUS puts that gorgeous signature to it, and at that point it's up for grabs for whichever party seems to have the most significant standing to file a challenge in federal court. That party would likely request at the same time an injunction from execution of the EO, which would be an immediate bigtime matter.
If a judge granted an injunction then the election would continue on, unless (and I think this is possible) the President appeals the injunction. If the higher courts uphold the injunction, election continues on again, and the matter is hopefully fasttracked before the courts for full hearing in a very, very quick way. Or the opposite would be true if court denies injunction, the plaintiff (someone in Congress I assume) would appeal upward to seek a different ruling on injunction, and so on and so forth.
**So timing would be quite important in this matter
I appreciate your analysis.
How about the fact that the SCOTUS declined to hear an EO challenge like just a week ago?
POTUS sorta bragged that they had just granted him huge EO power. They can't take up this hypothetical case without appearing to be politically biased. Hes got them in a bind.
Posted on 7/30/20 at 10:27 pm to davyjones
quote:
But whatever Barr's advice to the President, the federal judiciary is there to field the challenges certain to be filed.
The challenges could end up being filed by the White House. Many (maybe most) states would likely ignore an EO that so obviously lacks authority and keep elections scheduled.
Posted on 7/30/20 at 10:29 pm to Steadmans Cheddar
Well, they can analyze and interpret any way they see fit. That's what the Judiciary is there for, to review and straighten folks out wherever they see fit. I can tell you there is one Amendment to the Constitution that has been essentially suspended as a result of covid directives by the government, and that's the 6th Amendment right to speedy trial. In most states, including mine - Louisiana, the state Supreme Court has indefinitely suspended the conducting of any trials pending further instructions. Which blows my mind, but it's indeed happening. So seems to me that it could be a bit more complicated.
Posted on 7/30/20 at 10:31 pm to BoarEd
My pleasure, happy to participate...
Posted on 7/30/20 at 10:33 pm to Steadmans Cheddar
quote:
Many (maybe most) states would likely ignore an EO that so obviously lacks authority and keep elections scheduled.
I guess anything's possible. That most definitely sounds like one of those Constitutional crises.
Posted on 7/30/20 at 10:34 pm to 56lsu
quote:
so let me see barr now has power over congress.
Judges do it all the time with their rulings do they not? People in a state do the things legally to get an amendment on the ballot, the ballots are printed out and then boom, less than two weeks before the election a judge rules the amendment to be voted on unconstitutional. As I've said before, we are becoming a government not of the people's wishes but a country of a judge's ideology.
Posted on 7/30/20 at 11:32 pm to BoarEd
quote:
POTUS sorta bragged that they had just granted him huge EO power. They can't take up this hypothetical case without appearing to be politically biased. Hes got them in a bind.
When it’s a time sensitive matter and the injunction is what they are ruling on of course they can.
And to be clear, you actually think he has the authority to do this or at least that he will try to? Most think it’s just s troll job with no real intention behind it.
Posted on 7/30/20 at 11:50 pm to Mickey Goldmill
quote:
And to be clear, you actually think he has the authority to do this or at least that he will try to?
I think he would be smart to. Yes. I think it can call the left's entire hand to the table. He can order a suspension of the election, and then take it to court and whether the election is suspended or not is irrelevant. The court case would land all of the Democratic coup plotters in jail. For starters. It goes far beyond that.
Dr. Fauci would end up in jail too.
This post was edited on 7/30/20 at 11:52 pm
Posted on 7/30/20 at 11:52 pm to Mickey Goldmill
I took Trump’s tweet as bait to for e the Dems to commit to Nov 3rd
So when the mail in ballot stuff is rejected they are forced to stay committed to Nov 3rd
If Uncle Joe implodes before then or they try to switch candidates they are stuck with Nov 3rd
I don’t think DJT wants to postpone the election at all, I think he sees it as a referendum on his performance as POTUS
So when the mail in ballot stuff is rejected they are forced to stay committed to Nov 3rd
If Uncle Joe implodes before then or they try to switch candidates they are stuck with Nov 3rd
I don’t think DJT wants to postpone the election at all, I think he sees it as a referendum on his performance as POTUS
Posted on 7/31/20 at 12:00 am to BoarEd
quote:
The court case would land all of the Democratic coup plotters in jail. For starters. It goes far beyond that.
Dr. Fauci would end up in jail too.
The hell? Based on what? How would a court proceeding on a injunction regarding the election land anyone in jail?
Posted on 7/31/20 at 12:03 am to Mickey Goldmill
Was wondering that myself 
Posted on 7/31/20 at 12:05 am to supatigah
He basically admitted he was trolling.
Posted on 7/31/20 at 12:05 am to supatigah
quote:
So when the mail in ballot stuff is rejected they are forced to stay committed to Nov 3rd
Unless I missed something, that’s up to the states. Is there a case going forward to stop all the states from doing all mail in voting?
And I just don’t see why any democrat would want to postpone the election and let trump stay in office any longer than necessary. I don’t think trumps tweet is going to help him at all. If anything, undecided voters will hear this news in passing and will turn against him for it.
Posted on 7/31/20 at 12:07 am to Mickey Goldmill
The myth of the undecided voter. No one in this election cycle is undecided. It’s Trump, Biden or not voting.
Posted on 7/31/20 at 12:08 am to Mickey Goldmill
quote:
anything, undecided voters will hear this news in passing and will turn against him for it.
Posted on 7/31/20 at 12:11 am to SDVTiger
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