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Kim Davis ORDERED released!
Fox news breaking ^ | 8 Sep 15

Posted on 09/08/2015 9:58:13 AM PDT by xzins

Just announced; awaiting article

(Excerpt) Read more at foxnews.com ...


TOPICS: Breaking News; News/Current Events; US: Kentucky
KEYWORDS: courts; davidbunning; gaykkk; homosexualagenda; jailthejudge; kentucky; kimdavis; libertarians; medicalmarijuana; nowpunishthejudge; punishthejudge
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To: Aquamarine; manc; DrewsMum; Aleya2Fairlie; Cedar
With all due respect, I do not think David Barton is correct when states that U.S. District Judge has absolutely no authority to order any federal marshal to do anything.

At least the way I'm reading 28 U.S. Code § 566 - Powers and duties, but I'm open to suggestions.

(a)
It is the primary role and mission of the United States Marshals Service to provide for the security and to obey, execute, and enforce all orders of the United States District Courts, the United States Courts of Appeals, the Court of International Trade, and the United States Tax Court, as provided by law.
(b)
The United States marshal of each district is the marshal of the district court and of the court of appeals when sitting in that district, and of the Court of International Trade holding sessions in that district, and may, in the discretion of the respective courts, be required to attend any session of court.
(c)
Except as otherwise provided by law or Rule of Procedure, the United States Marshals Service shall execute all lawful writs, process, and orders issued under the authority of the United States, and shall command all necessary assistance to execute its duties.
(d)
Each United States marshal, deputy marshal, and any other official of the Service as may be designated by the Director may carry firearms and make arrests without warrant for any offense against the United States committed in his or her presence, or for any felony cognizable under the laws of the United States if he or she has reasonable grounds to believe that the person to be arrested has committed or is committing such felony.

Cordially,

301 posted on 09/08/2015 7:29:39 PM PDT by Diamond (He has erected a multitude of new offices, and sent hither swarms of officers to harass our people,)
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To: longtermmemmory

Uuuuuhhhh, Shep is from Mississippi...:)


302 posted on 09/08/2015 7:40:13 PM PDT by jennings2004 ("What difference, at this point, does it make!"!)
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To: Diamond

Thanks for that info. People here at FR continually amaze me with their comments...such great research. It’s a daily learning experience for me.


303 posted on 09/08/2015 7:44:36 PM PDT by Cedar
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To: Diamond
The judge backed off today and ordered her release so he may have crossed the line.
From the David Barton article.

So while Judge Bunning can (and did) issue his personal opinion regarding Kim Davis, his personal opinion does not have the force of law. (By the way, check any civics book: a law must originate as a measure proposed in the House or Senate, be passed by both, and then signed by the president. Only then and by this means does anything become law.) Bunning must thus ask (not order) the Executive Branch to enforce his opinion, and if it agrees, it can order its marshals to do so, but the Judicial Branch may order no such thing.

304 posted on 09/08/2015 7:50:21 PM PDT by Aquamarine (No retreat!)
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To: jennings2004

“Uuuuuhhhh, Shep is from Mississippi...:)”

To Florida his senior year in HS.

First job at WJHG in Panama City, Fl.

Became ‘famous’ in Tallahassee during the ‘Gore’ counts when he ‘ran over’ someone trying to save a parking spot for another.


305 posted on 09/08/2015 8:26:14 PM PDT by TexasGator
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To: Diamond

After reading the Code, I must agree. However, this travesty started with the rogue, activist judge overstepping both the Constitution and the laws of the State of Kentucky as they stand now.

I wish we could get our Governor to step up and do the right thing. However, if he does step up, he’ll probably do the wrong thing anyway so maybe it’s best that he doesn’t.


306 posted on 09/09/2015 4:31:29 AM PDT by Aleya2Fairlie
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To: boycott

Amen! He is corrupt. You can’t just throw elected officials in jail.


307 posted on 09/09/2015 5:34:53 AM PDT by demshateGod (The fool hath said in his heart, There is no God.)
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To: Diamond

How did she get to this federal court to begin with? Did a U.S. attorney bring charges against her?

I’m sorry I missed the first bit of this whole mess...I was having surgery a few weeks ago, so some details got lost to me.


308 posted on 09/09/2015 6:19:35 AM PDT by DrewsMum
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To: DrewsMum
Plaintiffs sued in federal court for an order. The basis for the suit was deprivation of a fundamental civil right, found in the US constitution.

There is no need for a US Attorney to be involved. People other than US Attorneys file federal suits by the hundred, each day.

The judge's basis for jailing Davis was to compel her to follow his earlier order, against her deeply held religious conviction. Judges have the inherent power to compel performance via use of incarceration. In this case, that power was abused for several reasons. Error in legal logic in the case in chief; it is inappropriate to use the contempt power of incarceration when incarceration will not compel performance; and he is using judicial power to compel a violation of legally recognized conscientious objection.

309 posted on 09/09/2015 6:28:57 AM PDT by Cboldt
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To: Cboldt; DrewsMum; P-Marlowe; xzins
"The judge's basis for jailing Davis was to compel her to follow his earlier order, against her deeply held religious conviction. Judges have the inherent power to compel performance via use of incarceration. In this case, that power was abused for several reasons. Error in legal logic in the case in chief; it is inappropriate to use the contempt power of incarceration when incarceration will not compel performance; and he is using judicial power to compel a violation of legally recognized conscientious objection."
- Cboldt
Cboldt, thank you for that wonderfully clear and concise statement about what has happened in this case.

I wonder if Judge Bunning simply does not know these legally recognized principles, or if he is just a political hack more interested in a leftist outcome than he is with the niceties of jurisprudence and judicial restraint.

Cordially,

310 posted on 09/09/2015 7:39:13 AM PDT by Diamond (He has erected a multitude of new offices, and sent hither swarms of officers to harass our people,)
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To: FlingWingFlyer

should reduce him to the dole the drama queen he is.


311 posted on 09/09/2015 8:28:08 AM PDT by manc (Marriage =1 man + 1 woman,when they say marriage equality then they should support polygamy)
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To: Syncro

yet again this morning the media were saying she should follow the law the SCOTUS has spoken.

When did the courts make law then, because the last time I checked it was up to the legislature.

Seems these homo Nazis and the media bullies have lost what the law is.


312 posted on 09/09/2015 8:29:36 AM PDT by manc (Marriage =1 man + 1 woman,when they say marriage equality then they should support polygamy)
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To: Syncro

what about a certain law called freedom of religion, you know the founding of this country and why people come here in the first place?

5 black robed tyrants say they have spoken and now the media bullies and the homonazis say we should follow their law.


313 posted on 09/09/2015 8:31:09 AM PDT by manc (Marriage =1 man + 1 woman,when they say marriage equality then they should support polygamy)
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To: Diamond
Judges don't have to follow legal principle. I think the phrase "legal principle" is an oxymoron, when viewed from a lens of intellectual honesty.

The worst that happens to the trial judge is reversal, and reversal depends on the person wronged having the wherewithal to appeal. "If you don't like the ruling, you can appeal it," is a common refrain, and I submit that many errors are made to demonstrate the heavy hand available to the trial judge.

Bunning is no aberration among judges.

314 posted on 09/09/2015 8:51:11 AM PDT by Cboldt
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To: Diamond

Yes, they must execute all LAWFUL writs.

Was the writ from the judge LAWFUL.

That is the question.

If not, they are not bound to follow.


315 posted on 09/09/2015 10:12:14 AM PDT by DrewsMum
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To: manc

Yes, the media is an arm of the DNC.

And now that the eGOP has pretty much merged with the dems they have sold out.

No one seems to want to speak the truth about this situation.

This lady was following the laws of her state. The Fed gov, re the 10th amendment, has no right to interfere in such matters. “Supreme” court on down.

It’s that pesky Constitution.


316 posted on 09/09/2015 10:32:46 AM PDT by Syncro (Benghazi-LIES/CoverupIRS-LIES/CoverupDOJ-NO Justice-/Marxist Treason IMPEACH!)
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To: Rodamala
Interesting... so where is the blood type line on that document. What happened to not issuing marriage licenses between individuals with blood types that were incompatible as far as procreation?

I think that's gone in many states.

317 posted on 09/10/2015 7:52:34 AM PDT by backwoods-engineer (AMERICA IS DONE! When can we start over?)
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To: backwoods-engineer

So do homosexuals have to get blood tests when getting marriage license?


318 posted on 09/10/2015 8:02:31 AM PDT by Mr. K (If it is HilLIARy -vs- Jeb! then I am writing-in Palin/Cruz)
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To: Mr. K
I'm thinking, no blood test.

I do not have direct evidence.

319 posted on 09/10/2015 4:19:34 PM PDT by backwoods-engineer (AMERICA IS DONE! When can we start over?)
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To: dfwgator; xzins; cripplecreek; Chauncey Uppercrust; wagglebee
33 posted on 9/8/2015, 12:05:02 PM by dfwgator: “Never thought we’d praise a Democrat so much.”

Perhaps this is an important reminder to conservatives that sometimes the people who stand up for what's right are people in some unusual places.

Kim Davis has now decided to leave the Democratic Party. I've checked her county's election statistics; that decision could cause serious problems. There are lots of Democrats in her county — the Democrats have more than a two-to-one advantage in party registration — and it's not just traditional old-school Southern conservative Democrats. Morehead State University is in her county, where Dr. April Miller, the lesbian who wanted to marry Karen Roberts and began this gay marriage fight, is a tenured professor of early childhood education. She was apparently hired a decade ago by the university as an assistant dean, though her faculty page now indicates only her role as a professor, not her role as an assistant dean.

Kim Davis won her last election by only a slim margin despite succeeding her mother in office and having been a deputy clerk for years. It doesn't take much to guess that there's going to be a huge effort to defeat her in the next election, and that there will be a major effort to register college students to vote in Rowan County who might not normally vote, or who might not normally vote in Rowan County.

Getting to govern means getting to 50 percent and winning elections. Sometimes that means working with people who don't agree with us on everything — and sometimes it means conservative Democrats will wake up and realize they're in the wrong party.

Too bad it took going to jail for her to learn that lesson.

320 posted on 09/30/2015 5:04:32 PM PDT by darrellmaurina
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