HomeLatest ThreadsGreatest ThreadsForums & GroupsMy SubscriptionsMy Posts
DU Home » Latest Threads » Forums & Groups » Main » General Discussion (Forum) » I'm sorry, but some appar... » Reply #56

Response to Atticus (Reply #55)

Wed Oct 9, 2019, 11:22 AM

56. Oddly enough, I just got done reading an article and closing it out before I saw your post

https://www.washingtonpost.com/opinions/2019/10/07/federal-judge-takes-sledgehammer-trumps-stonewalling/

where it has this (author worked in the Clinton administration as a U.S. Attorney and Deputy Assistant Attorney General) -

A federal judge takes a sledgehammer to Trump’s stonewalling

By
Harry Litman
Contributing columnist
Oct. 7, 2019 at 2:20 p.m. EDT

/snip

Marrero began the opinion by calling the president’s claim “extraordinary.” Things went steeply downhill for Trump from there. He wrote that Trump was asserting a constitutional shield from judicial process that was “virtually limitless,” a notion of “unqualified and boundless . . . presidential immunity that stands at direct odds with the framers’ constitutional plan and the Supreme Court’s precedents on executive immunity.” More: The president’s position was “repugnant to the nation’s governmental structure and constitutional values.” At its core, the court wrote, the argument reduces to the “very notion that the Founders rejected at the inception of the Republic.” And all that in just the first eight pages of the opinion, which continues on to demonstrate, using Supreme Court case law and basic political theory and history, the fundamental arrogance and lawlessness of Trump’s argument. Trump likely anticipated the ruling, and maybe even welcomed the opportunity to move the case to the Second Circuit Court of Appeals, thereby eating up more time. The legal battle isn’t over yet. But this skirmish was a total rout for the president, and that matters for several reasons.

First, there are similar pending actions involving the administration’s general strategy of filing tenuous or meritless arguments to resist lawful testimony or producing documents. You can be sure that the courts in those actions will carefully read Judge Marrero’s opinion here — which paves the way toward dismissive and incensed rejections of other outlandish arguments (e.g., the administration’s insistence that former White House counsel Donald McGahn and former communications director Hope Hicks are protected by absolute immunity from even showing up in Congress).

Second, the quick work of the court indicates a judicial recognition of the urgency of resolving the administration’s far-fetched claims. It’s hard to see the court of appeals sitting on its hands for months after the lower court has made such a quick handoff.

But, most important, by far, is that the scathing language of the opinion bolsters the argument the House is developing for its second impeachment count, based on Trump’s attempted stonewalling of the House’s investigation. It is a major shot in the arm for that theory that the judicial branch has weighed in saying that Trump’s legal strategy is brazen and bankrupt. That strategy has stalled matters for a few months, but it’s beginning to come home to roost.


I.e., there is an expectation that this dam is about to burst and not drag out.... and I expect that once it does burst, it will form the framework for future arguments across the board for attempting to gain documents.

Reply to this post

Back to OP Alert abuse Link to post in-thread

Always highlight: 10 newest replies | Replies posted after I mark a forum
Replies to this discussion thread
Arrow 61 replies Author Time Post
Atticus Oct 2019 OP
N_E_1 for Tennis Oct 2019 #1
tavalon Oct 2019 #2
Texin Oct 2019 #20
William Seger Oct 2019 #46
Maraya1969 Oct 2019 #53
unblock Oct 2019 #3
TidalWave46 Oct 2019 #4
tavalon Oct 2019 #5
deurbano Oct 2019 #15
MFGsunny Oct 2019 #25
gab13by13 Oct 2019 #6
orangecrush Oct 2019 #14
MFGsunny Oct 2019 #28
getagrip_already Oct 2019 #7
SCVDem Oct 2019 #8
MyMission Oct 2019 #9
Bradical79 Oct 2019 #18
progressoid Oct 2019 #10
gab13by13 Oct 2019 #11
progressoid Oct 2019 #13
bigbrother05 Oct 2019 #16
Garrett78 Oct 2019 #61
ancianita Oct 2019 #12
pnwmom Oct 2019 #21
ancianita Oct 2019 #22
pnwmom Oct 2019 #26
ancianita Oct 2019 #30
Karadeniz Oct 2019 #17
ancianita Oct 2019 #44
vlyons Oct 2019 #19
Garrett78 Oct 2019 #23
ancianita Oct 2019 #24
Newest Reality Oct 2019 #32
ancianita Oct 2019 #34
HelpImSurrounded Oct 2019 #27
ancianita Oct 2019 #35
HelpImSurrounded Oct 2019 #38
ancianita Oct 2019 #41
Hermit-The-Prog Oct 2019 #29
pnwmom Oct 2019 #31
Atticus Oct 2019 #33
pnwmom Oct 2019 #36
Atticus Oct 2019 #37
pnwmom Oct 2019 #39
Atticus Oct 2019 #40
pnwmom Oct 2019 #42
Atticus Oct 2019 #43
pnwmom Oct 2019 #45
oldsoftie Oct 2019 #47
warmfeet Oct 2019 #48
LTG Oct 2019 #49
Atticus Oct 2019 #50
doc03 Oct 2019 #51
BumRushDaShow Oct 2019 #54
Atticus Oct 2019 #55
LineLineLineLineNew Reply Oddly enough, I just got done reading an article and closing it out before I saw your post
BumRushDaShow Oct 2019 #56
Atticus Oct 2019 #57
BumRushDaShow Oct 2019 #58
BlueStater Oct 2019 #59
BumRushDaShow Oct 2019 #60
Buckeyeblue Oct 2019 #52
Please login to view edit histories.