Friday, July 5, 2019

[U Judge "Calls BS".] If Orwell Wasn't Already Revolving In His Grave...


UPDATED: The able judge just said... no way. Here's his order: ". . .[T]he genesis of the citizenship question was steeped in discriminatory motive. The discovery contemplated by the Court related to the recently discovered evidence in this case goes directly to that issue. Regardless of the justification Defendants may now find for a “new” decision, discovery related to the origins of the question will remain relevant. Given that time is of the essence, therefore, the prudent course is to proceed with discovery. . . ." End Update.

He certainly is. . . now.

In New York, and in Maryland this afternoon, the lawyers for Trump and Ross say that fact-finding as to Mr. Ross's prior [alleged] perjury ought to be halted, whilst the administration sees if it can come up with a NEW rationale, to include a citizenship question. That despite a Fourth Circuit order [and an implicit concurrence last week, from five US Supreme Court justices] saying in effect, "let's get to the bottom of Mr. Ross's lies, before we decide definitively" whether racial or ethic animus motivated it, and if so, then we will strike the question.

In effect, the government is here saying "the court cannot look into lies, by Sec'y Ross" -- because we may yet find some permissible reason to include the question, in the future. If that is the standard, then we ought to just declare Marbury v. Madison. . . a dead letter. [Alternatively, Trump this morning suggested he could do the same by executive order. He cannot. Black letter law is clear on that, as well.]

Here is a link to the Orwellian "lies are truth" garbage these jokers just filed, in Maryland, in full. The able judge is likely to say -- "thanks, but no -- we are holding a perjury hearing, shortly." Have Mr. Ross made available -- for deposition.

. . . .Any new decision by the Department of Commerce on remand providing a new rationale for reinstating a citizenship question on the census will constitute a new final agency action. . . .


I guess I missed the class in law school where a high government official holding, and then acting upon, racial animus -- and then explicitly LYING about it -- could be retroactively fixed, by writing up a NEW reason to do it. In fairness, that is not too distant from how Muslim Ban No. 3.0 cleared the Roberts court, over a year ago -- but I think this time, the Chief Justice has drawn a bright red line. We shall see.

नमस्ते

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