Thursday, July 4, 2019

The Chief Law Enforcement Officer May Not Misrepresent FINAL COURT ORDERS.


As his "ode to himself" unfolds, we await tomorrow's 2:00 PM Eastern hearing, on the Census question. On Wednesday, in Maryland, an able federal district court judge told the Trump lawyers that he must articulate his position, for the record, or there will be a final order excluding the citizenship question -- as contemplated by the US Supreme Court opinion of just last week. [It is frankly. . . stupefying that he might need to be told this.]

As the nation's chief law enforcement officer, swearing an oath via the US Constitution, to "take care that the laws are faithfully executed" -- Trump should not be permitted to lie in public about abandoning his citizenship question.

In fact, under recent federal decisions, the Trump administration DoJ lawyers are prohibited from misrepresenting final court orders. So too ought the chief law enforcement officer be constrained, in his public remarks -- given the likelihood of frightening innocents -- to [as the undisputed evidence has shown] curtail the exercise of their rights. In fact, in a recent DACA case, the court said as much. Here's a story on it:

. . . .The lies the DOJ told involve a 2014 DHS directive that changed its handling of Deferred Action for Childhood Arrivals (DACA). The DOJ told the court and opposing counsel that no action under the new guidelines would commence until February 2015. These statements were made both orally (January 15, 2015) and in a filing (December 19, 2014). But in reality, the guidelines were already being used to process immigrants, resulting in over 100,000 modified DACA applications being granted or renewed by the DHS prior to either of these statements.

This was caught by the court in April 2015, but the DOJ insisted its statements weren't lies, but rather the "innocent mistakes" of poorly-informed counsel, shifting the blame towards the DHS. Months later, the real truth has come out. . . .


The lawyers were sanctioned. So to ought the chief be, if he lies about court orders he may fully intend. . . to disobey. Onward, to a Resistance barbeque. . . .

नमस्ते

3 comments:

Anonymous said...

Hope the 4th was safe and fun.
In the meantime; the tyrant continues: https://www.yahoo.com/news/trump-says-hes-mulling-executive-152002159.html

condor said...

Mine was... grandly Trump free, yes.

And he is just so predictably... precious. He cannot overrule the Census statute by executive order.

If that’s what his lawyers say in a few minutes, in Delaware... it will mean more litigation.

Litigation he will certainly lose — on separation of powers grounds.

Just more of Trumpy, spinning his wheels, to get exactly... nowhere.

The forms are already being printed, minus his unlawful question.

Namaste, Anon. — do enjoy the warm weekend! I know I plan to... and plan to eat a bowl of fresh cold sweet cherries — and not think (even a little of the possibility) that he might renew his ICE raid threats, come Monday.

Whew....

condor said...

Oops, I meant Maryland, federal trial court there. Not Delaware.

Namaste....