Posted on 02/13/2017 9:03:14 AM PST by Oldpuppymax
Two attorneys--Robert Barnes, a California trial attorney and Alan Dershowitz, a famed, highly-esteemed Harvard law professor and member of the legal profession--have come to the same conclusion: President Trump will prevail sooner or later with his immigration Executive Order. The opinion of attorney Barnes appeared in his February 4th article, prior to the 9th district decision to uphold the anti-Trump ruling of Seattle federal judge James Robart. It is apparent from his article that Mr. Barnes believed the 9th District would side with President Trump and do the right and legal thing by adhering to precedent set by the 9th circuit itself! Of course, it can hardly be deemed a surprise that 9th district judges did no such thing. Accommodating the agenda of fellow leftists, however unconstitutional and no matter how it may fly in the face of legal precedent, must come first.
Alan Dershowitz, “correctly predicted that the 9th Circuit Court of Appeals would uphold the suspension of the ban,” writes Mike Miller in his February 10th, Independent Journal Review article. Credit Dershowitz with knowing both the mind and the predictably shameless ways of the left. He is, however, convinced that the Supreme Court will decide in favor of the president and overturn the lawless rulings of the West Coast judiciary.
But when will this happen? Will America have to wait until President Trump’s Supreme Court nominee has finally inched his way through the morass of traps and delays manufactured by senate Democrats?
In the interim, Donald Trump will be made to look hopelessly weak. In his ruling, Judge Robart not only extended a ridiculous grant of standing to the State of Washington, his intruded on immigration policy, the power over which has been granted only to the Executive branch by the Constitution.
Liberal judges throughout the nation have...
(Excerpt) Read more at thecoachsteam.com ...
Yes, he's famed as a connoisseur and mentor of young talent.
Trump is the first one in a loooooooong time that will stand toe-to-toe with them....
Why does the president yield to foreigners as having ANY kind of RIGHTS under OUR Constitution?
Regardless of what the braindead bobbleheads in the state controlled “media” are saying, Trump is reminding the radical left that the U.S. Government is a government “of the people, by the people, for the people” and they can’t handle it.
That's because without the full support of Congress, Trump is in actuality hopelessly weak. There's a reason booking sites are setting odds and taking bets on impeachment. If we assume 100% Ds would vote in favor, it wouldn't take many uni-party Rs to cross over.
That being said, the injunction against this particular travel EO is only the tip of the iceberg. I'm still waiting for a federal court to declare that Trump must comply with an order that positively compels him to perform a defined task.
If Trump is as good as he says he is - and we believe he is - he will orient his attack(s) towards the weakest members of both the house & senate - especially the D senators who are up for 2018 re-election in states Trump won.
I normally don't watch political shows, because they are around 99% fluff and 1% substance, but I did notice a shift in direction. The key to persuasion (propaganda) is "repeat and retain" ie the message has to be repeated ad nauseum in order for it to be retained by the voters. So, some of his key messengers repeatedly mentioned the Ds up for re-election in 2018.
Overall, it's best to take a long(er) term approach to restoring the republic. It wasn't corrupted in a day, and likewise, as much as we'd like to turn a switch, there are deeply embedded institutional obstacles that need to be first removed. If it takes Trump 8 years, so be it. But the first step is to focus on campaigning against/for certain candidates in order to prepare a solid bedrock of support.
Once he has that in place, then he can simultaneously have Congress emasculate the respective inferior courts, tell them to go pound sand, and in some cases bring charges of seditious conspiracy. However, in the meantime, he's got to traverse a narrow ridge of support that effects his ability to perform certain functions.
I think an emerging strategy on the Left is to sue on everything. Bury the Administration in lawsuits on virtually everything they do and rely on the Judiciary to enjoin and delay any attempt to Make America Great Again. If they can stop or stall long enough they can keep the economy from recovering and stop job creation for America. The Left is quite willing to bring the country down to regain power.
I’m sure that Trump already has a list of all Fed. Judge open positions and is searching for excellent young judges to fill the empty seats. There are a lot of open seats and he needs to fill them with excellent conservative judges while congress is also Republican.
If you fill the lower courts the appellate and supreme courts in the short term are not quite as critical.
Lberal judges that wont follow the law are a large part of the swamp. Standing firm is not enough. Fire and replace
I’m sure there are 19 GOP Senators who would vote to convict tonight if necessary.
There are not 218 votes in the House to indict, not yet, anyway - but the media power is very strong with the weak-minded, and I’m certain that there are AT LEAST 25 weak-minded House Republicans in the 115th Congress.
This is true and this why I say it’s a bad precedent for Trump to yield to the courts on a matter they clearly had no authority. I will go a step further and suggest the Senate needs to take punitive action against the 9th Circuit judges themselves, removing all three of them from their bench and to lock them up for a while. Send a message to other judges who seek a coup d’etat on the Executive Branch.
Headlines that bore me include:
“X must do Y or else Z!” - IOW: I the author have perfected knowledge about what X should do.
“X reasons why Y will fail” - IOW: Because I don’t like policy Y, here’s why it sucks.
While I agree with you, I don’t think the GOP members of the uniparty will back him. Trump is really a third party President and much of the GOP would unite with the Dems and try and remove him from office. He needs a much stronger backing in the Congress instead of a bunch of opportunists like Ryan and McConnell who are looking for opportunities to attack him. Another possibility to reign in the Courts would be for Congress to restrict their jurisdiction under Article III, but that too would require a Congress which would act first to defend and protect the US rather than show their loyalties to the globalists.
“Trump’s heeding of the 9th Circuit’s ruling sets a bad precedent. The law is clear. “
Could not agree more. By falling for the 9th circus trap they have been allowed to set an immigration rule and Trump does not dare go to the SC where it is 4-4 at best. It amounts to a partial Judicial coup. I am just waiting for the courts to step in stop the ICE raids.
There is a slight possibility Kagan could rule in favor of the law (Trump). I think he should take it to the SCOTUS as presently constituted. The law is clear here and I really do think Ginsburg is the ONLY one who would rule against Trump because she’s not just an activist liberal, she’s clinically insane (dementia, aphasia, etc.)
I have been wondering the same and my conclusion is the President Trump, the deal maker has struck another one of his fabulous deals with lawmakers in Congress. This deal takes care of getting his nominees through their confirmation hearings and onto the swearing in process. There have been 6 now confirmed with Jeff Sessions being the big one since Friday before last.
The evidence that President Trump had about 21 arrested refugees was just "overlooked" at the appeals court furthers my suspicion that "the deal" has been struck.
The President is just not fighting hard enough to honor his pledge to protect our shores and is only honoring his deal, IMO.
It is either that or he is just too tied up worrying about where Ivanka is going to sell her clothing line.
Yes. If it went to SCOTUS now the most likely result would be a 4-4 tie, which means the incredibly bad decision would stand.
I fully expect his team has drawn up a list identifying the hard-core Ds, the tea party Rs, and the middle ground of Rinos and conservative Ds. Like any triage strategy, he can ignore the first two and focus on the latter. Within the last group, he can further break-down the respective candidates, districts and states, and focus on both attacking and cultivating prospective challengers.
Of course, the real leverage is having Trump on the road once again. For one, he loves it - he's a classic extrovert who gains *more* energy from interactions with people. With Trump traveling all over the US in cities and counties large & small, he'll also be able to communicate what he can/will do with a bedrock of support in Congress.
I don’t see where you get your faith in leftie judges following the law. They invented the constitutional right to same sex out of whole cloth, and Breyer for one has cited foreign law “standards” as justification for throwing out American laws. Nor do they have any regard for the clear meaning of the second amendment. Trump should not risk letting that bunch decide this when a 4-4 split would mean the order stands.
Now if the pubs weren’t neutered they would immediately impeach both the judge who issued the stay, and the 3 appeals judges for usurpation of power in making foreign policy. That would send a loud message to activist judges who make up the law as they go.
Today's Senate would not convict an impeached liberal federal judge because the dems and rinos would not vote to convict.
The question becomes, could the House republicans find a majority to impeach our lawless federal judges and if so, would it be a good move politically seeing no conviction would follow - a la Bill Clinton. I.e., did Bill Clinton's impeachment weaken him and the democrats ?
Personally, I don't think our Republican congress is willing to impeach anyone. Their abrogation of responsibility to take the first step (impeachment) in removing lawless government officials is one of the reasons why were in the mess we're in.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.