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LawTalkingGuy
| Favorite team: | |
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| Number of Posts: | 215 |
| Registered on: | 3/19/2025 |
| Online Status: | Not Online |
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re: Bitch Thune dismissed the Senate until June
Posted by LawTalkingGuy on 5/21/26 at 10:53 pm to Bass Tiger
quote:
I don't think Trump has been allowed one recess appointment and that's squarely on Recucklican Senate leadership.
Then why doesn't he just appoint people the Senate will confirm?
re: Iran says peace proposal includes reparations for war damage, US troop withdrawal.
Posted by LawTalkingGuy on 5/19/26 at 11:09 am to HubbaBubba
We are going to wind up.paying them. Then the question will be whether we could have just paid them up front and avoided the lives, money, political goodwill and economic stability thrown away by attacking them in the first place?
re: U.S. creates $1.7B ‘lawfare’ fund in exchange for Trump dropping $10B IRS suit
Posted by LawTalkingGuy on 5/19/26 at 11:05 am to NC_Tigah
quote:
Then it gives it back to the American people. In particular, those who were selectively targeted and damaged.
Ends justify the means, amirite?
What we have here is POTUS - without consulting congress - taking money from the Congressionally appropriated IRS budget, and, presumptively, giving it to his sycophants who he believes were mistreated by the legal system
And you support this because:
A. You think his legally specious and time barred lawsuit against the IRS is actually worth $10 BILLION in damages;
B. You believe him when he says he will give the settlement to "charity" which benefits his supporters; AND
C. You want to see his supporters compensated, and you actually think this will somehow curtail future political retribution instead of substantially increasing bad behavior.
Does that about cover it?
re: Georgia's Literally Inpoosible 2020 Election Fraud - By the Numbers
Posted by LawTalkingGuy on 5/19/26 at 10:28 am to VoxDawg
And yet, Trump's legal team still had mot produced a single shred of evidence to support these "FACTS" that were alleged to the Georgia senate.
Im not sure why "The SCIF" decided to post this video today, other than the primary election going on, but none of these "FACTS" were ever supported.
By the time Trump called Raffensperger I late December, they had lowered the "dead voter" claim to 5,000, but couldn't even support that. There were 4 dead voters who mailed in ballots, and 3 of them voted for Trump.
Im not saying the Georgia election in 2020 was legit, but why revisit these farcical claims that resulted in at least two attorneys getting disbarred? Maybe spend time finding the real fraud.
Im not sure why "The SCIF" decided to post this video today, other than the primary election going on, but none of these "FACTS" were ever supported.
By the time Trump called Raffensperger I late December, they had lowered the "dead voter" claim to 5,000, but couldn't even support that. There were 4 dead voters who mailed in ballots, and 3 of them voted for Trump.
Im not saying the Georgia election in 2020 was legit, but why revisit these farcical claims that resulted in at least two attorneys getting disbarred? Maybe spend time finding the real fraud.
re: U.S. creates $1.7B ‘lawfare’ fund in exchange for Trump dropping $10B IRS suit
Posted by LawTalkingGuy on 5/18/26 at 2:40 pm to dafif
quote:
The IRS clearly violated the law as to Trump and his sons and they would be entitled to damages
Was their damage anywhere close to $1 Billion?
I mean, their case has a lot of problems, including being time barred, but their claim of statutory damages in the amount of $1,000 for every person who saw the data is just absurd...and a dangerous precedent since Trump was not the only person who had their data exposed
re: Fleming just posted that he's not committing to nuking the filibuster
Posted by LawTalkingGuy on 5/16/26 at 2:11 pm to deltaland
I agree, the filibuster should go.
The filibuster is currently preventing Congress from doing its job. This is then used to excuse POTUS (not just Trump, any POTUS) for going around Congress and grabbing more power for themselves.
Congress is the voice of the people, and the states, and should be rhe governing body making the decisions.
The filibuster is currently preventing Congress from doing its job. This is then used to excuse POTUS (not just Trump, any POTUS) for going around Congress and grabbing more power for themselves.
Congress is the voice of the people, and the states, and should be rhe governing body making the decisions.
re: chinese commies gave Trump clearly lower armchair
Posted by LawTalkingGuy on 5/16/26 at 2:03 pm to lurking
quote:
That doesn’t mean the cushions each are sitting on are the same firmness and thickness
Im sure Trump is a lot bigger and heavier than Xi, thus compressing the cushion more.
re: Trump's Lawsuit Against The IRS..
Posted by LawTalkingGuy on 5/14/26 at 2:30 pm to Prettyboy Floyd
quote:
until something is done - they will not course correct.
Okay, but having the IRS is not going to cause a "course correction". Its not their money. Taking money out of the IRS budget will just make the IRS a crappier place to work.
Accountability comes from firing people, and prosecuting anyone who committed a crime. Not by settling a lawsuit with POTUS.
re: Will AMERICA be excited to follow China's use of CAMERAS for safety and loss of PRIVACY!!
Posted by LawTalkingGuy on 5/14/26 at 6:34 am to 10thyrsr
quote:
Murder!? Who was where when it happened? You never see this stuff pop up on crime stories.
I wouldnt say it "never" pops up, but its still rare. While "the government" may have our infirmation, this does not mean its readily abailable to law enforcement, thanks to the fourth amendmrnt.
I have seen phone location data used to prove a defendant's phone was at the scene of a crime, then the jury can use that as evidence the defendant was there too.
But the police have to subpoena that information from the phone company, which means they need evidence the person committed the crime, and a need to prove where the person was when the crime was committed. They can't just start the investigation by asking the phone companies for info on all phones that were in the area at the time.
Privately owned security cameras are a little different. If the owner is willing to share the footage with the police they can see it. But they still have to ask...they dont just have a big crime computer that can tap into any camera they want.
Not yet, anyway.
re: Trump needs to save the auto industry and make American cars great again
Posted by LawTalkingGuy on 5/13/26 at 7:52 am to dstone12
quote:
Any time I get in a rental, I have tk figure all the dash board out.
And you probably dont try to figure it out until you are already on the freeway, driving 75 mph.
re: Y’all want a little preview of Comey’s motion to dismiss?
Posted by LawTalkingGuy on 5/13/26 at 7:45 am to laxtonto
quote:
if there is anything that comes in showing either him or his lawyer discussing the concern that his could be viewed as a threat, he is toast.
Probably the worst legal take in this whole thread.
re: US Appeals Court has just STRUCK DOWN court's block on Trump's 10% global tariffs
Posted by LawTalkingGuy on 5/12/26 at 9:21 pm to RobbBobb
quote:
The argument was that since Trump was ruled by the Supremes not to be able to use an emergency act as a reason to assign tariffs, then he couldnt switch those tariffs to any other act either
The argument in this case is that we do not have a large "balance of payments" deficit with other countries that enables POTUS to impose tarrifs under section 122(a) of the Trade Act. The whole opinion hinges on what Congress meant by "balance of payments deficits" when the act was passed in the 70s.
I have no guess how the Federal Circuit will rule. The majority and dissenting opinions in the CIT both made good points.
re: Large Number of Democrats Plan to Switch Party Affiliation to Influence GOP Primaries
Posted by LawTalkingGuy on 5/10/26 at 8:51 am to Diego Ricardo
quote:
There is no point in voting Democrat in Alabama. None. I have pulled a GOP in every primary since I started voting at 18.
And it used to be the other way around. Similar in most Southern states. 40 years ago, the Democratic primaries in Alabama were the de facto general election. Republicans could not win...and some very conservative Democrats were elected to office.
But the Dixiecrat wing of the Democratic Party is long gone. Perhaps we will see a re-emergence of the Rockefeller Republicans, under a different name of course.
re: Court strikes down Trump 10 percent tariffs
Posted by LawTalkingGuy on 5/8/26 at 4:01 pm to RobbBobb
quote:
How do you argue that the Supremes said that Trump couldnt use an emergency power to tariff, therefore he cant use tariff laws in any way
What a joke
Thats not what the CIT ruling is based on. The article says the plaintiffs made the argument, but I doubt it. You can always count on reporters to get facts wrong about legal proceedings.
This case is pretty complicated, and really only understood by accountants and economists with experience in International trade and currency exchange rates...Im certainly not one of those. Im just an attorney.
Section 122(a) authorizes POTUS to enact tariffs up to 15% to address "balance of payment" deficits. This is completely different from trade deficits. The statute was written after the US went off the Gold standard and the Bretton Woods International trade agreement was being replaced by the Smithsonian agreement.
With variable exchange rates now in play, the CIT seems to agree that its impossible for balance of payment deficits to exist, so section 122(a) has no real meaning and the tariffs are not authorized
Im not picking a side in this one, because its above my pay grade.
The tariffs were set to expire in July, anyway. Trump.just needs to move on to section 301. The required USTR investigations are underway...the public comment period should be interesting.
re: Court strikes down Trump 10 percent tariffs
Posted by LawTalkingGuy on 5/8/26 at 8:39 am to jrobic4
quote:
Wasn't even a thing until 1980
What's your point? Before 1980 it was called The US Customs Court. The court has exclusive juriddiction in the US over civil cases involving customs and international trade.
This is the same court that ruled the IEEPA tariffs were unlawful, and is now over seeing the refund of those tariffs.
The Appeal of this case will go to the Court of Appeals for the Federal Circuit, which did not exist until 1982. Before that it was the Court of Customs and Patent Appeals. The CAFC ruled 7-4 against the IEEPA tariffs.
re: SCOTUS to vote on birthright citizenship...Trump is concerned as to their ruling.
Posted by LawTalkingGuy on 4/22/26 at 3:47 pm to shinerfan
quote:
They come under lawful jurisdiction upon arrest.
So the pregnant women need to get themselves arrested and THEN their babies will be citizens?
re: The 11 missing/deceased scientists and what/who is behind it is alarming
Posted by LawTalkingGuy on 4/22/26 at 8:39 am to Mike da Tigah
They are all in their secret paradise bunker with well-compensated super models, just waiting for the End of the World.
re: Trump just invoked the Defense Production Act.
Posted by LawTalkingGuy on 4/21/26 at 7:00 pm to BBONDS25
quote:
Dude. I appreciate your ability to be consistent and speak your mind in good faith. However, you are just incorrect here. Last time Congress declared war was June 1942.
He is technically wrong, and you are right, but Congress did authorize the use of military force in Iraq both times...they were just too chicken to actually declare war.
I suppose Trump would claim the current action in Iraq falls under the AUMF of 2001, although I dont think Ive seen that expressly stated. That authorization, of course, was limited to "those nations, organiza-
tions, or persons [POTUS] determines planned, authorized, committed, OR aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons"
I dont know what role Iraq played in the 9/11 attacks, or why attacking them almost 25 years later is justified under the AUMF, but the statute has no time or location limits, and has been used by 4 Presidents as an excuse to attack anyone they want.
The continued reliance on the AUMF is probably unconstitutional, but I dont know how anyone other than Congress could put a stop to it...and even Congress would need a majority capable of over riding a Presidential veto.
re: Tariff Portal opened today $160 BILLION DUE BACK
Posted by LawTalkingGuy on 4/21/26 at 6:35 pm to Nosevens
quote:
Those that accept back rebates will undoubtedly be facing class action lawsuits from consumers which will be expensive to fight.
They are going to face class action suits whether they accept the rebates or not. Several suits have already been filed. Deciding to let the government keep the money will not be a defense to a claim that consumers were charged for a tariff that was later deemed unlawful
They better get their money back to fund settlement of those suits.
Take this out of the big retail arena: if you bought some big ticket item from an importer, and there was a separate line item for the IEEPA tariff, then that importer most likely owes you a refund, plus interest. They cannot avoid liability to you by refusing to file for a refund. Its YOUR money. They can let the government keep it, but they still owe you, because they are the ones in position to get the refund.
The big retailers are not a perfect analogy, but the same idea applies. I dont know if the big retailers are liable for some type of refund to their customers - probably depends on the facts in each case - but they cannot escape that liability by just refusing to seek the refunds.
re: Businesses can claim refunds for Trump tariffs ruled unconstitutional starting Monday
Posted by LawTalkingGuy on 4/20/26 at 2:24 pm to NC_Tigah
quote:
In the weeks since the Court’s February 20, 2026 decision, a wave of class action lawsuits has swept across multiple industries, targeting major retailers and consumer goods companies seeking refunds.
LULz, again. This simply illustrates why the importers MUST seek their refunds, despite your espoused shock. They already have class action suits against them, so they better get the money lined up Since they are entitled to refunds, they cannot escape this potential liability simply by refusing to ask for their money back from the government.
Lets say you bought a massive piece of equipment from an importer, and the tarrif was over $10,000. And let's say your contract made it clear that you were reimbursing the importer for the tariff in addition to your other costs....
That importer better be working to get a refund on the tariff so they can reimburse you. If they are not, they may wind up owing you $10,000 anyway. If they apply for the refunds and for some reason they cant get the money back, then maybe they can avoid liability to you.
These consumer class action suits are similar. I think they are premature at this point, and depending on the facts may have bad legal grounds....but the retailers better make sure they get whatever refund they can just in case.
re: Businesses can claim refunds for Trump tariffs ruled unconstitutional starting Monday
Posted by LawTalkingGuy on 4/20/26 at 8:55 am to NC_Tigah
quote:
After the waves of "unjust enrichment" class action suits those corporate filings will generate, companies will be lucky to break even
LULz
Aren't you one of the posters who thought refunds would never be issued?
Retailers adjust their prices all the time, for a variety of reasons. If a consumer agrees to pay a high price, thats pretty much on them. You dont have a contract with Target requiring them to disclose their pricing structure.
But, as I posted, the big retailers will be wise to appear to pass their refund on in some fashion.
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