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demmiblue

(36,806 posts)
Tue Jan 21, 2020, 01:37 PM Jan 2020

This is a frightening sign of decay in our institution-a fedl judge's order is ignored.

This is a frightening sign of decay in our institution-a fedl judge's order is ignored. The judge gives up. The founders gave us 3 branches of govt, a system of checks & balances. If the judicial & legislative branches no longer check the executive, the republic is lost.




An Iranian student planning to attend Northeastern University was removed from the country overnight Monday in defiance of a court order, his lawyer said, and a federal judge said Monday there was nothing that he could immediately do.

Mohammad Shahab Dehghani Hossein, 24, had been detained by Customs and Border Protection at Logan International Airport since arriving in the US on Sunday. Hossein’s lawyers filed an emergency petition to block his removal Monday night, and Judge Allison D. Burroughs ordered a 48-hour stay.

But before that hearing took place, Hossein was flown to France, one of his lawyers, Susan Church, said Tuesday.

Kerry Doyle, one of Hossein’s lawyers, called his removal “an outrage. ... There seems to be some

At the scheduled hearing Tuesday morning, Judge Richard Stearns said the case was now moot, since the student was already out of the country.

“There seems to be some history of CBP ignoring district court orders, which should concern the court,” Doyle said during the hearing. She asked that Hossein be returned to the US, but the judge said there was little he could do now that the student was gone.

“I don’t think they’re going to listen to me," Stearns said.

https://www.bostonglobe.com/2020/01/21/metro/iranian-student-removed-us-before-court-hearing-lawyer-says/?s_campaign=bostonglobe%3Asocialflow%3Afacebook&fbclid=IwAR1DwFYdVQyxmBM_BJzqkf5ypqNF_lfRbGKKDe9ZZsB-Apb73Zaq8KTxYak
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This is a frightening sign of decay in our institution-a fedl judge's order is ignored. (Original Post) demmiblue Jan 2020 OP
Jesus Pete! Bayard Jan 2020 #1
Uh-oh. This is the type of thing legal experts feared. Mike 03 Jan 2020 #2
and now the courts buckle Hermit-The-Prog Jan 2020 #3
"John Marshall has made his decision; now let him enforce it!" inwiththenew Jan 2020 #4
and Trump signaled early on he follows Pres Andrew Jackson delisen Jan 2020 #15
You jail the people who defied the order judge. That's how the law works. TeamPooka Jan 2020 #5
That's right last I looked contempt of court was still an option. Pepsidog Jan 2020 #9
This country is lost Cosmocat Jan 2020 #6
I'm sorry to say that I think you're right. Lonestarblue Jan 2020 #18
Fuck! bluestarone Jan 2020 #7
That judge should have used his considerable powers to enforce the court order. Pepsidog Jan 2020 #8
They did it before the hearing. maxsolomon Jan 2020 #10
No he won't face any penalty. Except maybe one. calimary Jan 2020 #16
THEY shipped him back BEFORE the hearing. maxsolomon Jan 2020 #17
But AFTER Judge Burroughs ordered a 48-hour stay on Monday. n/t sl8 Jan 2020 #24
K&R Thanks for posting. alwaysinasnit Jan 2020 #11
The judge may not have "given up" as much as he'd actually like to see the student deported without BamaRefugee Jan 2020 #12
The Republic has already been lost Moral Compass Jan 2020 #13
+1, without Pelosi going nuclear we don't have a 2020 election. Trumps going to cheat and even if he uponit7771 Jan 2020 #22
He's better off in France until the sack of orange $hit mnhtnbb Jan 2020 #14
Are we still in Exceptional America? lsewpershad Jan 2020 #19
What enforcement measures does the courts have ?! Why isn't this judge executing them if there are uponit7771 Jan 2020 #20
If a judge is too feeble to hold show cause hearings & issue contempt citations... dlk Jan 2020 #21
IMPOTUS ignores Congress, so why not everybody on down. rickyhall Jan 2020 #23
Yep. Those documents that are ready for release by all the federal agencies underthematrix Jan 2020 #26
K&R Yo_Mama_Been_Loggin Jan 2020 #25

Mike 03

(16,616 posts)
2. Uh-oh. This is the type of thing legal experts feared.
Tue Jan 21, 2020, 02:19 PM
Jan 2020

I hope this post is seen by a lot of people, and that this story doesn't get lost in the insanity of the news cycle.

Cosmocat

(14,557 posts)
6. This country is lost
Tue Jan 21, 2020, 02:29 PM
Jan 2020

the norms have cracked, and like any crack it is only a matter of time until if falls in on itself.

Lonestarblue

(9,958 posts)
18. I'm sorry to say that I think you're right.
Tue Jan 21, 2020, 03:55 PM
Jan 2020

Our last chance is Republicans in the Senate, but I do not believe they will stand up for the country. Either they fear Trump greatly, or they admire how much he has gotten away with and are just fine with utter corruption. I believe the evidence comes down on the side of corruption.

With acquittal, Trump and his entire administration will know that they are above the law and nothing can or will be done to them. No court order will be followed. Bill barr with prosecute no wrongdoing. We will have a truly lawless government that will be ordered to revolve around the narcissistic whims of one man.

I hope there is a chance to throw this bunch out of office in November, but I think the evidence from the compromised Georgia server that may have allowed voter data and votes to be changed is the tip of the iceberg. We know Republicans cheat to win, and we know Russia can and will hack voting machines. The combination may be hard to overcome. And with four more years of Trump, our republic is truly gone.

maxsolomon

(33,220 posts)
10. They did it before the hearing.
Tue Jan 21, 2020, 02:57 PM
Jan 2020

"Hossein’s lawyers filed an emergency petition to block his removal Monday night, and Judge Allison D. Burroughs ordered a 48-hour stay.

But before that hearing took place, Hossein was flown to France, one of his lawyers, Susan Church, said Tuesday."

I don't think they'll pay any penalty.

calimary

(81,044 posts)
16. No he won't face any penalty. Except maybe one.
Tue Jan 21, 2020, 03:45 PM
Jan 2020

He probably can’t ever return to this country. I say “probably” because now we can defy court rulings. It’s okay. The answer? “Well, HE did it! How come I can’t do it, too!!!”

And if the objection is made that - “but he can get away with it that because he’s president”?
First, it could be argued that he wasn’t legitimately elected president because he got help from a sworn enemy of the United States of America.
second, a question for THEM, then: “oh, so the president is above the law? I thought NO ONE is above the law, INCLUDING the president. You’re rewriting that, too, now, ‘eh?”

maxsolomon

(33,220 posts)
17. THEY shipped him back BEFORE the hearing.
Tue Jan 21, 2020, 03:52 PM
Jan 2020

So THEY outflanked the lawyers by acting quickly. Not Trump. Trump doesn't know about it.

Eventually, the student will be cleared to return.

BamaRefugee

(3,483 posts)
12. The judge may not have "given up" as much as he'd actually like to see the student deported without
Tue Jan 21, 2020, 03:16 PM
Jan 2020

having to make that public. Did a tiny bit of research and it seems like the judge has made some less-than-progressive decisions before:
"Richard Stearns is not known for his intellect and was appointed by Bill Clinton because he was Clinton’s friend. The Wall Street Journal referred to him as Clinton’s Oxford University chum. Stearns also has a history of sentencing Blacks to excessive prison terms for non-violent crimes.
PRESS RELEASE: Judge Richard Stearns, a Bill Clinton ...
[link:https://shiva4senate.com/press-release-judge-richard-stearns-bill-clinton-appointee-issues-racist-judgement/|

the story on that link is pretty disturbing, I can't vouch for the source though

Moral Compass

(1,511 posts)
13. The Republic has already been lost
Tue Jan 21, 2020, 03:22 PM
Jan 2020

Things now come down to who has the power to enforce their will.

Recall what Stalin said about the Pope, “How many divisions does the Pope have?” (This may be a misattribution).

If you’re dealing with men and women of bad faith then only force will ensure their compliance.

Our system is not designed that way. Their is a core assumption built into our Constitution—that those in government and bureaucracy are men and women of honor and good faith.

How naive and antiquated. Our republic died the day the Bush v Gore decision was handed down. It continues its slow death today but at an accelerated pace.

That which was implicit has now become explicit. The fabric of government is infested with those who hold the ideals of the Constitution in contempt.

uponit7771

(90,301 posts)
22. +1, without Pelosi going nuclear we don't have a 2020 election. Trumps going to cheat and even if he
Tue Jan 21, 2020, 04:02 PM
Jan 2020

... doesn't ... AND ... he loses most people will think he cheated anyway.

uponit7771

(90,301 posts)
20. What enforcement measures does the courts have ?! Why isn't this judge executing them if there are
Tue Jan 21, 2020, 04:00 PM
Jan 2020

... any?

Thx in advance for any input

dlk

(11,496 posts)
21. If a judge is too feeble to hold show cause hearings & issue contempt citations...
Tue Jan 21, 2020, 04:00 PM
Jan 2020

...they are too feeble to be on the bench and should be removed. Litigants will always push the envelope. It’s a judge’s duty to hold them accountable, with meaningful fines & time in jail, if necessary.

rickyhall

(4,889 posts)
23. IMPOTUS ignores Congress, so why not everybody on down.
Tue Jan 21, 2020, 04:05 PM
Jan 2020

It may be time for The People to do the same. Can you say civil disobedience?

underthematrix

(5,811 posts)
26. Yep. Those documents that are ready for release by all the federal agencies
Wed Jan 22, 2020, 03:26 PM
Jan 2020

subpoenaed by the House should appear in the offices of the House managers.

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