UPDATE: Judge Charles Breyer issued the ruling in a case brought by California officials, but the Ninth Circuit issued an "administrative stay" Thursday night.
Fine reasoning from San Francisco. Already DoJ has filed for “emergency” relief from SCOTUS … summoning its fabled supine shadow docket … which will, no doubt, find that Gavin Newsom is illegally invading the City of Angels.
It would be interesting to know what advice Chairmen of the JCS Caine has given Mr. Trump to see if the General believes his oath under the Constitution is indeed his primary touchstone. I hope that Generals Milley, Kelly, Jones, and Mattis are reaching out to him to share their insights. These retired generals should also meet with, and possibly testify before in a special public session or set of hearings with Congressional Leadership, including the relevant members of the House and Senate Committees, of their views of Mr. Trump's unconventional actions. Eventually public hearings should be held and broadcast live over CSPAN, PBS, NPR, and Fox for the good of the country.
Someone needs to shut the Barbie character up. Who is she to say, "We're not going anywhere!" That is an admission that no matter what the courts say, she will ignore them if they tell all those jerks to pick up their big sticks, the National Guard, marines and go home. Besides, 47 lied to begin with. There wasn't hardly any violence, definitely no looting, and Los Angeles wasn't under attack. ICE and the LAPD were doing all the violence and shooting at people. If they think protests are attacks, they're stomping all over the 2nd Amendment and thus we're in this authoritarian shit-show right now. This place is making me sick daily. I rarely get headaches and woke up with one yesterday.
Bravo to Judge Breyer for this distinction: "the statute does not allow for the federalizing of the National Guard when the President faces obstacles that cause him to underperform in executing the laws". All-of-nothing thinking is spreading like a virus in MAGA/Government thinking. "If one migrant isn't caught because someone yells, justice is totally unserved."
That's actually the problem with the requirements of the Insurrection Act. Section 253 (2): (2)opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws."
And of course, the main thing protestors are protesting is the ILLEGAL execution of the law: warrantless searches, snatching people off the street, disappearing them without any ability to even THINK about habeas corpus. Collecting even US citizens, people with green cards, people with work permits, people with pending immigration cases. There would be much less protest if ICE officers showed up, dressed in plain uniforms, with an appropriate warrant which they explained not just to the target but also to those around him.
The ninth circuit panel slapped an administrative stay on judge Breyer's order. This sets back relief until next week though it may go longer. It was very bad luck that two of the panel were Trump appointees. Administrative stays are used to maximize fairness in the administration of law, but recently we have seen them used to put judicial orders into limbo, thus effectively negating them, specifically in the deportation cases
Great but shouldn’t have stayed it. Stop playing nice. They have already appealed the “unappealable” tro. And now the tro has been further stayed pending that appeal. We want ACCOUNTABILITY for all of this not words that are overturned in minutes.
Thank you for the helpful (and very quick) explanation.
Just like trump in his business life, A Loser!!
It’s funny the party of law and order are letting this administration cherry pick the amendments they like and disregard the ones they don’t!!
Fine reasoning from San Francisco. Already DoJ has filed for “emergency” relief from SCOTUS … summoning its fabled supine shadow docket … which will, no doubt, find that Gavin Newsom is illegally invading the City of Angels.
It would be interesting to know what advice Chairmen of the JCS Caine has given Mr. Trump to see if the General believes his oath under the Constitution is indeed his primary touchstone. I hope that Generals Milley, Kelly, Jones, and Mattis are reaching out to him to share their insights. These retired generals should also meet with, and possibly testify before in a special public session or set of hearings with Congressional Leadership, including the relevant members of the House and Senate Committees, of their views of Mr. Trump's unconventional actions. Eventually public hearings should be held and broadcast live over CSPAN, PBS, NPR, and Fox for the good of the country.
Can’t wait, appointment viewing!
Everything Trump does is illegal, some one needs to stop him
People are being hurt, disrespected, and lied to! He needs to be gone.
Because old, fat white men who like to play with guns think she’s hot.
Because old, fat white men who like to play with guns think she’s hot.
(Sometimes I really hate autocorrect!)
DHS Barbie--pull the string and she parrots the pre-recorded slogans. How on earth did she get elected as a governor?
Someone needs to shut the Barbie character up. Who is she to say, "We're not going anywhere!" That is an admission that no matter what the courts say, she will ignore them if they tell all those jerks to pick up their big sticks, the National Guard, marines and go home. Besides, 47 lied to begin with. There wasn't hardly any violence, definitely no looting, and Los Angeles wasn't under attack. ICE and the LAPD were doing all the violence and shooting at people. If they think protests are attacks, they're stomping all over the 2nd Amendment and thus we're in this authoritarian shit-show right now. This place is making me sick daily. I rarely get headaches and woke up with one yesterday.
Bravo to Judge Breyer for this distinction: "the statute does not allow for the federalizing of the National Guard when the President faces obstacles that cause him to underperform in executing the laws". All-of-nothing thinking is spreading like a virus in MAGA/Government thinking. "If one migrant isn't caught because someone yells, justice is totally unserved."
That's actually the problem with the requirements of the Insurrection Act. Section 253 (2): (2)opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws."
And of course, the main thing protestors are protesting is the ILLEGAL execution of the law: warrantless searches, snatching people off the street, disappearing them without any ability to even THINK about habeas corpus. Collecting even US citizens, people with green cards, people with work permits, people with pending immigration cases. There would be much less protest if ICE officers showed up, dressed in plain uniforms, with an appropriate warrant which they explained not just to the target but also to those around him.
Another administrative stay. I saw this coming.
????
The ninth circuit panel slapped an administrative stay on judge Breyer's order. This sets back relief until next week though it may go longer. It was very bad luck that two of the panel were Trump appointees. Administrative stays are used to maximize fairness in the administration of law, but recently we have seen them used to put judicial orders into limbo, thus effectively negating them, specifically in the deportation cases
If tRump prevails can he use the CalNG in any OTHER state, further obviating due process?
Great but shouldn’t have stayed it. Stop playing nice. They have already appealed the “unappealable” tro. And now the tro has been further stayed pending that appeal. We want ACCOUNTABILITY for all of this not words that are overturned in minutes.