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U.S. Judges Call Emergency Meeting Over Fears About William Barr And Trump

 
 
oralloy
 
  -1  
Reply Sat 22 Feb, 2020 02:21 pm
@vikorr,
vikorr wrote:
Of course, going by your support for him getting his friends off prosecutors, being 'the prosecutor', then he should also be able to chase after and prosecute anyone who is a rival to him (go the whole hog - let him do this in both business, and politics), or prosecute them even if he just sees an advantage to himself in prosecuting. After all, you say he is the prosecutor.

Yes. He is already making some moves towards doing this in fact. Law enforcement is conducting criminal investigations into many of his political rivals.

So far he has only grumbled about the fact that these criminal investigations have not led to prosecutions. But prosecutions are a real possibility at some point.

Keep in mind though that in order for someone to be convicted, they must be proven guilty beyond a reasonable doubt in a court of law.

The President's ability to prosecute whoever he wants is not an ability to convict whoever he wants.


vikorr wrote:
And I wonder if. along with your support for him getting his friends off prosecution charges... you also think he should be able to:
- shortcut the government tender process and give all the contracts to his friends (after all, he is the boss, or whoever chooses these, by whatever means)
- put his family in charge of government departments (after all, he's the selection panel, and the boss)
- accept the tax revenue personally (after all, he's a tax man, and the boss)
- change the tax structure to favour his own personal business/investments (same, he's a tax man, and the boss)
- make it known that absolutely no person that does not agree with him will get a job (same, he's the boss)

The Senate has to approve of appointments to high government positions.

The President can give them orders at will, and fire them at will, but he cannot hire them at will.

Also, the tax structure is set in place by law. The President lacks the power to change the law.
0 Replies
 
vikorr
 
  2  
Reply Sat 22 Feb, 2020 04:13 pm
@oralloy,
Quote:
Keep in mind though that in order for someone to be convicted, they must be proven guilty beyond a reasonable doubt in a court of law.

You cannot be convicted if you cannot be prosecuted, because you never make it to the court of law. As you are a supporter of friends of the president never making it to court, please don't pretend to hold up the decisions of the court as an example of where your concept of justice occurs.

We the People of the United States, in Order to form a more perfect Union, establish Justice,....

This is the obvious intent of your constitution - it says so. Justice doesn't exist in the face of favouritism, hence the concept that all people are equal before the law - this concept goes right through the criminal justice system system, from police, to prosecutions/defence, to the courts. Something that is broken when your President interferes to get his friends off prosecutions.

The executive Power shall be vested in a President of the United States of America.

And yet your constitution provides no explanation as to the meaning of that. The so very obvious meaning is that he is the head of the Executive. Your opinion that it also makes him able to interfere in the justice process is still just that - your opinion.

The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

This says the president is not immune from the law, and provides Bribery as an example - which isn't so different from getting his friends off prosecutions.

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution

It was quite obvious that your constitution intended that people be equal before the law...perhaps they never immagined that a President would interfere with his friends being prosecuted before it got to the courts.

--------------------------------------

Don't forget too, that the actions of Dictators and Kings etc are likely 'legal' when it comes to their friends not facing prosecutions (if they have the power to change the laws rather than just ignore them)...that doesn't make it right.

A Head of State, in any country, getting their friends off prosecutions, no matter the legalities, is interference in the criminal justice system.

This last is why you won't find agreement with your 'assertion' - ever.
vikorr
 
  2  
Reply Sat 22 Feb, 2020 04:55 pm
@vikorr,
I was interested in why your constitution phrased the Presidential role in the way it did. This, cut down, was the first article that popped up:

https://www.theatlantic.com/ideas/archive/2019/06/executive-power-doesnt-mean-much/590461/

Quote:
Is the president a king? The question may sound absurd, but you’d be surprised: A great many lawyers, politicians, judges, and policy experts think the U.S. Constitution builds from exactly that starting point. Their argument relies on the first sentence of Article II, which gives the president “the executive power.” That phrase, they claim, was originally understood as a generic reference to monarchical authority.

After years of research into an enormous array of colonial, revolutionary, and founding-era sources, I’m here to tell you that—as a historical matter—this president-as-king claim is utterly and totally wrong.

As a historical matter, my research shows that this claim is dead wrong. “The executive power” granted at the American founding was conceptually, legally, and semantically incapable of conveying a reservoir of royal authority. The real meaning of executive power was something almost embarrassingly simple: the power to execute the law. Overwhelming evidence for this point pervades both the Founders’ debates and the legal and political theory on which their discussions drew.

Listen to how Gouverneur Morris framed the problem for his fellow delegates in Philadelphia. The central challenge of constitutional governance, he said, was to safely distribute each of “the three powers” that everyone knew so well: “one … the power of making[,] another of executing, and a third of judging, the laws.”

In a famous 1774 Election Day sermon, Gad Hitchcock stated the consequence plainly: “The executive power is strictly no other than the legislative carried forward, and of course, controllable by it.”

The constitutional text on this point could scarcely be more explicit: The national legislature is expressly authorized to make “all Laws which shall be necessary and proper for carrying into Execution” any of the “Powers vested by this Constitution in the Government of the United States.” The first Congress took up that invitation and ran with it, just like its successors have ever since—conveying those powers to the executive branch by statute that the constantly evolving democratic process deems necessary for the president to have.

It’s not like this vision of the presidency leads to weakness or irresolution. Under the modern administrative state, a vast statutory framework authorizes a spectacular range of presidential authorities.

This article shows your founding fathers at least attempted to found a democracy. Others also say:

The most obvious meaning of the language of Article II, § 1, is to confirm that the executive power is vested in a single person, but almost from the beginning it has been contended that the words mean much more than this simple designation of locus.
----------
For more than 80 years, a strict limit on the power of Presidents to maintain control over some of the most powerful agencies of the federal government has remained settled by the Supreme Court, yet has continued to be debated intensely among constitutional lawyers, scholars, and political theorists. On Friday, the Supreme Court reopened the issue in a dramatic and potentially historic way.
---------
As a result, one can study Madison's Notes of Debates without ever reaching a clear understanding of the scope of the authority the framers intended to give the executive.

These 4 results are just from the first page...so it seems they never did immagine a President interfering to get his friends off a prosecution.
oralloy
 
  -1  
Reply Sat 22 Feb, 2020 05:48 pm
@vikorr,
The Founding Fathers would never have imagined that a decision to not prosecute someone would be characterized as "interference".

The certainly would have known, however, that the President was free to decide that someone should not be prosecuted.

I don't see anything in any of the articles that you cited that says that the President does not hold 100% of all executive authority in the federal government.
0 Replies
 
oralloy
 
  -1  
Reply Sat 22 Feb, 2020 05:50 pm
@vikorr,
vikorr wrote:
You cannot be convicted if you cannot be prosecuted, because you never make it to the court of law. As you are a supporter of friends of the president never making it to court, please don't pretend to hold up the decisions of the court as an example of where your concept of justice occurs.

I believe that our courts strive for justice for the most part.


vikorr wrote:
We the People of the United States, in Order to form a more perfect Union, establish Justice,....

This is the obvious intent of your constitution - it says so. Justice doesn't exist in the face of favouritism, hence the concept that all people are equal before the law - this concept goes right through the criminal justice system system, from police, to prosecutions/defence, to the courts. Something that is broken when your President interferes to get his friends off prosecutions.

"A decision to not prosecute someone" is hardly "interference to get someone off a prosecution."


vikorr wrote:
The executive Power shall be vested in a President of the United States of America.

And yet your constitution provides no explanation as to the meaning of that.

It doesn't really require explanation.


vikorr wrote:
The so very obvious meaning is that he is the head of the Executive.

That is incorrect. It means that he holds 100% of all executive power in the federal government.


vikorr wrote:
Your opinion that it also makes him able to interfere in the justice process is still just that - your opinion.

That the President holds 100% of all executive power in the federal government is a fact, not an opinion.


vikorr wrote:
The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

This says the president is not immune from the law, and provides Bribery as an example - which isn't so different from getting his friends off prosecutions.

Deciding to not prosecute someone is far from getting them off from a prosecution.

I think it is unlikely that Congress will ever view "a decision to not prosecute someone" as such a grave threat to the nation as to justify removing the President from office.


vikorr wrote:
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution

It was quite obvious that your constitution intended that people be equal before the law...perhaps they never immagined that a President would interfere with his friends being prosecuted before it got to the courts.

They knew that the President could decide who would be prosecuted (and indeed who would even be investigated by law enforcement in the first place).

They would never have imagined though that this would be characterized as "interference".

How does someone interfere with their own decision?


vikorr wrote:
Don't forget too, that the actions of Dictators and Kings etc are likely 'legal' when it comes to their friends not facing prosecutions (if they have the power to change the laws rather than just ignore them)...that doesn't make it right.

Whether something is "right" is a matter of opinion.


vikorr wrote:
A Head of State, in any country, getting their friends off prosecutions, no matter the legalities, is interference in the criminal justice system.

Your terminology is just weird. When the prosecutor decides whether or not to charge someone with a crime, that is not interference in the criminal justice system. It is participation in the criminal justice system.

How does someone get someone off from a prosecution when there is no prosecution?


vikorr wrote:
This last is why you won't find agreement with your 'assertion' - ever.

People may choose to disagree with reality. Reality still exists.
vikorr
 
  2  
Reply Sat 22 Feb, 2020 06:59 pm
@oralloy,
Quote:
I believe that our courts strive for justice for the most part.
Which is a complete an utter avoidance of the fact the courts can't do anything to achieve justice if specific individuals (in this case friends of the president) cannot be brought before the courts.

That was the very obvious point of my post you replied to. You know this, so your avoidance speaks volumes.

Quote:
"A decision to not prosecute someone" is hardly "interference to get someone off a prosecution."
And yet another utter avoidance, phrased in a way to avoid the issues:
- A decision by the prosecutor who has looked at the evidence that there is not enough evidence to prosecute is fine
- interference by a politician is not fine (no, you can't argue that the President isn't a politician)

Quote:
It doesn't really require explanation.
rofl. No doubt why there is so much argument over it, in courts, amongst politicians, scholars, the press, here...

In your 'reality' a politician getting his friends off charges isn't political interference. Very, very few (as a percentage of the population) would ever argue the same (a few people with limited mental capacity, a few with mental health issues...hence why its incredibly strange you argue this point)
oralloy
 
  -1  
Reply Sat 22 Feb, 2020 08:04 pm
@vikorr,
vikorr wrote:
Which is a complete an utter avoidance of the fact the courts can't do anything to achieve justice if specific individuals (in this case friends of the president) cannot be brought before the courts.

That was the very obvious point of my post you replied to. You know this, so your avoidance speaks volumes.

You read way too much into the fact that I don't address every minor point that doesn't seem to have any relevance to anything.

People can always sue for civil damages if they have a grievance.


vikorr wrote:
And yet another utter avoidance, phrased in a way to avoid the issues:

No avoidance.

I phrased it accurately, in contrast to your inaccurate phrasing.


vikorr wrote:
- A decision by the prosecutor who has looked at the evidence that there is not enough evidence to prosecute is fine

A decision to not prosecute for any reason is fine.


vikorr wrote:
- interference by a politician is not fine

Your terminology is strange. How does someone interfere with their own decision?


vikorr wrote:
no, you can't argue that the President isn't a politician

But I can argue that it's not accurate to characterize it as "interference" when the President makes a decision.

It's his decision to make.


vikorr wrote:
rofl. No doubt why there is so much argument over it, in courts, amongst politicians, scholars, the press, here...

Progressives regularly argue against reality. Reality continues to exist despite their rejection of it.

There really isn't all that much argument about it. People are used to disregarding progressives and their weird nonsense.


vikorr wrote:
In your 'reality' a politician getting his friends off charges isn't political interference.

There is no "my reality". There is only reality.

When the President decides to not charge someone, that is not "getting someone off charges". There are no charges to begin with if he decides to not bring charges.

Neither is it "political interference". How can a president interfere with himself?


vikorr wrote:
Very, very few (as a percentage of the population) would ever argue the same (a few people with limited mental capacity, a few with mental health issues...hence why its incredibly strange you argue this point)

Your claim is likely to be incorrect. It is probable that a great many people share my high regard for facts and reality.

But you are committing a logical fallacy regardless. Whether I am right or wrong has nothing to do with whether anyone agrees with me.

It would not change a thing even if no one in the universe agreed with me. The facts would still be the facts.
vikorr
 
  2  
Reply Sat 22 Feb, 2020 08:43 pm
@oralloy,
As I mentioned several times now - I was under no illusion that you would change your mind. I was rather however, curious how you justified your position to yourself. To my way of thinking it is incredibly weird, and quite supportive of dictatorial behaviours. But as per previous, that too, is up to you.
oralloy
 
  -1  
Reply Sat 22 Feb, 2020 11:16 pm
@vikorr,
vikorr wrote:
As I mentioned several times now - I was under no illusion that you would change your mind.

There is no chance that you could ever get me to renounce reality. I like telling the truth too much.

Well, I guess I'd post something untrue if you paid me a billion dollars to do it. At least as long as the lie was harmless. I'd never cause harm to someone for any amount of money.


vikorr wrote:
I was rather however, curious how you justified your position to yourself.

Justification is easy. All I've done is tell the truth.


vikorr wrote:
To my way of thinking it is incredibly weird,

Telling the truth comes quite naturally to me actually.

I find being truthful to be really convenient in those situations where I get in disputes. The facts always back me up and undercut my opponents.

I'm surprised that more people don't rely on telling the truth all the time. It really does work out well for me.


vikorr wrote:
and quite supportive of dictatorial behaviours.

The US is nothing like a dictatorship. People have actual rights here in America. No one else in the world does.

Because of our Bill of Rights, our system of government is superior to all others.
vikorr
 
  2  
Reply Sun 23 Feb, 2020 01:06 am
@oralloy,
At one stage Slavery was fact in the U.S. That it was legal was true. That didn't make it right. The reason it wasn't right was argued based on concepts, rather than the law itself. In fact, when the concepts supporting the 'fact' of slavery fell apart (were no longer commonly accepted) it went from being a true fact, to no longer being a fact. The nature of such facts...being based on concepts...are transient. And that such facts (like slavery) are true, does not make them right. The argument for right or wrong was conceptual, rather than factual.

The same goes for every role that is based on a concept. If I employ someone, using a job description that I wrote, then that job description is fact. If circumstances change, and that role requires modification, then I change the job description, and the old fact (the old description) is no longer true...because the concept of what the role needed to be changed.

These of course apply even to the position of head of state (hence why there are so many differences in roles, because the concepts differ).

That concepts underpin your supposed 'facts' is something you seem unable to grasp. Your promoted 'reality' (as opposed to actual reality) is nothing more than common acceptence of an idea or ideas....and some of your ideas don't even have common acceptance...just your opinion.

But even here, I don't expect you to understand this. You have a vested interest in not doing so.
glitterbag
 
  3  
Reply Sun 23 Feb, 2020 01:23 am
@vikorr,
You hit the nail on the head.
oralloy
 
  -1  
Reply Sun 23 Feb, 2020 01:41 am
@glitterbag,
Not really. Neither of you can come up with a concept that I am unable to understand.
oralloy
 
  -1  
Reply Sun 23 Feb, 2020 01:42 am
@vikorr,
vikorr wrote:
At one stage Slavery was fact in the U.S. That it was legal was true. That didn't make it right. The reason it wasn't right was argued based on concepts, rather than the law itself. In fact, when the concepts supporting the 'fact' of slavery fell apart (were no longer commonly accepted) it went from being a true fact, to no longer being a fact. The nature of such facts...being based on concepts...are transient. And that such facts (like slavery) are true, does not make them right. The argument for right or wrong was conceptual, rather than factual.

The same goes for every role that is based on a concept. If I employ someone, using a job description that I wrote, then that job description is fact. If circumstances change, and that role requires modification, then I change the job description, and the old fact (the old description) is no longer true...because the concept of what the role needed to be changed.

These of course apply even to the position of head of state (hence why there are so many differences in roles, because the concepts differ).

I don't dispute the factual accuracy of anything that you wrote here, but what does it have to do with the price of tea in China?


vikorr wrote:
That concepts underpin your supposed 'facts' is something you seem unable to grasp.

I am well able to grasp everything that you say.

I'm not seeing a whole lot of relevance however.


vikorr wrote:
Your promoted 'reality' (as opposed to actual reality) is nothing more than common acceptence of an idea or ideas....and some of your ideas don't even have common acceptance...just your opinion.

That is incorrect. Facts are not opinions.

That progressives refuse to accept the validity of facts is not terribly important. Progressives just make themselves look goofy when they reject reality.


vikorr wrote:
But even here, I don't expect you to understand this. You have a vested interest in not doing so.

Again, I am well able to grasp everything that you say.
glitterbag
 
  3  
Reply Sun 23 Feb, 2020 01:49 am
@oralloy,
oralloy wrote:

Not really. Neither of you can come up with a concept that I am unable to understand.


Oh for Christ's sake, now...... you are just being obstinate....of course we can, but you are so welded to the Breitbart and Infowars crap, you refuse to even consider it...if you actually did consider the facts you would probably blow your brains out...with a thimble full of old gunpowder.
vikorr
 
  2  
Reply Sun 23 Feb, 2020 01:53 am
@glitterbag,
- It's quite amazing that oralloy doesn't appear to realise that to create the constitution, they had to develop, argue, and refine the concepts before they could write it.
- It's how all laws are formed (they conceptualise, argue the concept, refine the concept, and enact the concept)
- It's also how all policy is formed
- It's how roles are formed, particularly in government (what is needed by X role in this country), or any written roles.
- It's how the separation of powers (itself a concept) is implemented(conceptualising how to implement it, refining it, and enacting it)
- it's why laws are changed (the concept wasn't quite right, or it was found to have a flaw, or it was no longer relevant as a concept - eg for this last - giving way to a horse on a road)
etc
etc
etc

All his (law/role) 'facts' are based on concepts. The right and wrong of them are argued before they are enacted, and can still be argued after they are enacted (as seen by debates in parliaments/congress over laws, and the changing or repealing of laws)

Odd that by his standards, he wouldn't have argued against slavery, because it was a fact that they could have slaves.
vikorr
 
  2  
Reply Sun 23 Feb, 2020 01:54 am
@oralloy,
Quote:
I don't dispute the factual accuracy of anything that you wrote here, but what does it have to do with the price of tea in China?
Understanding the theory but not the application to an argument is still not understanding.
oralloy
 
  -1  
Reply Sun 23 Feb, 2020 01:56 am
@vikorr,
When there is no applicability to an argument, there is nothing to understand.
0 Replies
 
oralloy
 
  -1  
Reply Sun 23 Feb, 2020 02:05 am
@vikorr,
vikorr wrote:
- It's quite amazing that oralloy doesn't appear to realise that to create the constitution, they had to develop, argue, and refine the concepts before they could write it.

It's really silly of you to keep acting like I don't understand concepts when my ability to comprehend concepts is nearly infinite (and almost certainly likely to exceed yours, even if you are highly capable too).


vikorr wrote:
The right and wrong of them are argued before they are enacted, and can still be argued after they are enacted (as seen by debates in parliaments/congress over laws, and the changing or repealing of laws)

I'm not preventing you from arguing right and wrong.

But that's not what you have been doing. You've been acting as if Mr. Trump is committing some sort of impropriety under the law as it currently stands.

If you want to instead argue that the law should be changed, that would be something different from your current arguments.

I'd probably differ from you on the desirability of changing the law. I don't see any pressing need to change it. But thinking that the law should be changed is certainly a respectable position.


vikorr wrote:
Odd that by his standards, he wouldn't have argued against slavery, because it was a fact that they could have slaves.

Not at all. I strongly object to slavery.
vikorr
 
  2  
Reply Sun 23 Feb, 2020 02:11 am
@oralloy,
Quote:
Not at all. I strongly object to slavery.
If you were back in the days when slavery was legal, on what grounds would you argue that it was wrong?
oralloy
 
  0  
Reply Sun 23 Feb, 2020 02:19 am
@vikorr,
On the grounds that it is unjust to harm innocent people.

And brutally forcing people to do brutal work is most definitely harm.
 

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