OK, DU legal eagles -- explain a Writ of Mandamus to us once again --

[eppur_se_muova]

so we understand why Anus Orange can't be sued for failing to enforce the Russia sanctions, voted into law by Congress.

I'm sure there's a reason good enough for Repugs. I'm just curious to know what it will be in advance.

[hack89]

1. A writ of Mandamus is an order from a superior court to an inferior government official

there is no one in the American system superior to the President - he has two co-equals in the Courts and Congress but is no one above him.

[underpants]

4. Thanks

[eppur_se_muova]

5. No one ever thought to include a provision for that ?

OK, I know that wouldn't be trivial -- but it seems the only recourse for Congress when the President fails to enforce their legislation is to seek impeachment. And they seem so reluctant to do that (at least to a fellow Uglican) it's been rendered a useless option.

If sanctions are enforced by, say, the Commerce Dept., couldn't the SCOTUS (HA! fat chance) order them to enforce the laws, even if 45 doesn't want them to ? If that only led to a showdown in the courts, perhaps that would be enough to get people to realize what 45 is really up to -- sabotaging the rule of law.

Just trying to better our chances here.

[hack89]

7. All presidents ignore Congress to one degree or another - Congress sued Obama multiple times

Obama did it all the time with his executive orders - he did not feel beholden to interpret laws the same way Congress did. Congress sued Obama multiple times.

[blueinredohio]

9. So if congress is a co-equal then they can make him impose sanctions right?

[hack89]

10. No. He can ignore them like Obama use to do all the time with his EO's. nt

[bluestarone]

11. makes no difference if the Bill is signed??????

If passed by congress and signed by President?

[hack89]

12. The President has a lot of leeway

as a more practical matter, Congress has no real leverage on him. This is nothing new - the boundaries between the executive, legislative and judicial are not clear cut with black and white rules.

[avebury]

2. If he cannot be sued then the public message

has to be that he is acting as an agent of Russian Government.


We have to hope that Mueller can tied Putin and Russia so tightly around Trump, his minions and the Rethugs in Congress that they have no hope of wiggling out of it. They have to be made 1,000,000% totally toxic.

[NightWatcher]

3. Isn't this a dereliction of his duty to uphold.... ie an impeachable offense?

[Brother Buzz]

6. An impeachable offense is whatever a majority of the House of Representatives considers it to be....

....at a given moment in history. - Gerald R. Ford, 1974

[Gothmog]

8. Mandamus only applies to non-discretionary duties

Imposing sanctions is a required action and so mandamus is appropriate