Arbitrary, Capricious & Above the Law

www.joytiz.com ^ | 6/23/10 | Joy Tiz

[jazminerose]

Most lawyers, upon finding themselves on the receiving end of a judicial rebuke as scathing as the one handed down by Judge Martin Feldman in Hornbeck v. Salazar, would be spending the next few days in a dark bar. At the very least, a few sick days would be in order to avoid having to face co-workers until somebody else screws up a big case.

Not in this administration. Ken Salazar wasted no time announcing the administration’s plans to appeal Judge Feldman’s well reasoned and easily understood ruling. Salazar would like us to believe that with a little tweaking, he can craft a new, improved moratorium that will pass legal muster. After that, he will spend some time relaxing at his unicorn farm.

There’s no disgrace in losing a case when it’s been well researched and argued in good faith. Reasonable minds will always differ on legal issues. When the judge decries agency actions action as arbitrary and capricious—someone needs to be fired.

"On the record now before the Court, the defendants have failed to cogently reflect the decision to issue a blanket, generic, indeed punitive, moratorium with the facts developed during the thirty-day review. The plaintiffs have established a likelihood of successfully showing that the Administration acted arbitrarily and capriciously in issuing the moratorium."

[GladesGuru]

Hey, every FReeper - this article is by a lawyer. Possibly the only honest one left, but she’s Canadian.

Still and all, this is a lawyers view of Salazar’s legalisms, lawyering and obfuscations.

Bring out the popcorn!

[GladesGuru]

In Florida, a lawyer perpetrating a fraud on the court is referred to the oversight division of the Florida Supreme Court for review and possible punishment, including disbarment.

What might Judge Feldman do to Salazar and his minions if he is so moved? Any lawyers reading this thread?

[DrC]

“a lawyer perpetrating a fraud on the court”

Wouldn’t this apply to the lawyers who have so far successfully defended Obama in the birth certificate suits?

[Nateman]

This regime, like all dictatorships, cares nothing about the rule of law.

That quote pretty much sums it up.

[jazminerose]

No, not a Canadian & a former or “recovering” lawyer. From author’s bio:

“Joy was born in Chicago, long enough ago to remember when many democrats were actually normal people who were just wrong about everything. Joy holds a M.Sc. in psychology and a JD in law. Joy was a columnist at Americas Voices and has written on politics and current events. Her new book, Obamanutz: A Cult Leader Takes the White House exposes the machinery that enabled Barack Obama to grab the highest office in the land.”