I will say it again....
Not that my posts get seen after paying my 8 bucks, but there is a way to solve this lower court dilemma. The pardon power:
Bear with me here, I’m the guy who has designed and drafted more pieces of law that have been passed than probably anyone on the west side of the Mississippi:
1. The courts have held the President has immunity for official acts.
2. The President is granted absolute, un-reviewable power by the Constitution to override court imposed penalties using his pardon powers for an individual committing “offenses.” A sanction, contempt, penalties are just such offenses.
Put the two together.
A. Create a proclamation declaring a President requires final disposition of a case by the full Supreme Court on all matters that impinge Article ll powers. The final holding must be applicable to all Presidents and cases thereafter on THE QUESTION the President presents to the court. PRIOR TO a final holding by SCOTUS, (no remands without presidential consent), the President will “take under advisement” the orders of the inferior courts, but those orders are not enforceable upon any federal employee, appointee, or the President.
The Constitution cannot withstand and is not designed to assault the Article II powers of the Executive branch with a multitude of inferior courts drafting enumerable and differing opinions at different times that are largely overturned in any event when it comes to Article II matters.
As such:
B. Draft an EO that orders pardons for any federal employee or appointee who follows the orders of a President who declares an inferior court case has impinged the Article II powers of a President without a full disposition of the case at hand having been finally decided by the Supreme Court and published as such.
Rulings, orders, decrees... you name it, from the inferior courts will be “taken under advisement” by a President, but shall not be enforceable until the case makes it way to final disposition by the Supreme Court.
The people elect a President knowing that President has the absolute power to pardon. The pardon power is the power to override any offense a court may hand down upon an individual.
End of story.
If the Roberts Court wants to play this cat and mouse game with the Constitution, shove it down his throat.
The judicial fiat must end.
I am certain the fine lawyers at the White can put together my above outline in a very thoughtful and Constitutionally solid manner, although lately they could have used my legal advice when it came to the probationary employee firing actions. That was not the way to do that.
Anyway....
Rep. Rick Maedje (ret.)
My resume has been sitting in the Trump/Vance Transition team cache .....
Think you might want to call me. It’s about time.
100% agree. Tell them what they told us in 2020.. "You and nobody else have standing, now go kick rocks."
This sounds like a great idea.