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The Presidency of Donald J. Trump: No smocking guns. The Presidency of Donald J. Trump: No smocking guns.

02-04-2017 , 01:35 AM
Alan Dershowitz interview I just saw he said most likely this is overturned because the Supreme Court has ruled numerous times that the constitution doesn't protect non citizens. He also said that they will inevitably get a stay tomorrow and this ruling will last all of 10-12 hours
02-04-2017 , 01:36 AM
Quote:
Originally Posted by will1530
That wouldn't pass a filibuster, then there would still be a constitutional challenge. The first amendment doesn't allow the government to pick and choose their preferred religion, even wrt immigrants.


I always forget that you Americans have that weird filibuster thing.
02-04-2017 , 01:39 AM
Quote:
Originally Posted by zikzak
But don't go to Newfoundland. It's cold and bleak and they talk funny.
Like Boston?
02-04-2017 , 01:39 AM
Quote:
Originally Posted by valenzuela
Question : Can't just Trump change the law that prohibits banning nationality or religion ?
He can't change the law. I suppose that he could just get CBP to enforce it that way, the courts could rule it unconstitutional, and then he could ignore the ruling. Since he runs the executive branch and therefore is one in charge of enforcing the ruling, he could keep ignoring it until congress decides to impeach him for it...which may be never.

So he can't change the law, but the above is the best he could do.
02-04-2017 , 01:41 AM
Quote:
Originally Posted by sportsjefe
...as will the ACLU.
Dammit! You got to it first!
02-04-2017 , 01:45 AM
Guys, since when has Trump cared about the law? He didn't care back in the 80s when he was sued for discrimination. He sure as hell doesn't care now. If he's told he can't do something, he'll just use that and tell his core base this is the reason why we need to drain the swamp.
02-04-2017 , 01:52 AM
Quote:
Originally Posted by valenzuela
Didn't he kill us citizen on the mere suspicion he was a terrorist? That's pretty illegal if you ask me.
I'd have gone with violating the War Powers Resolution of 1973 in Libya by fighting for over 60 days without congressional approval. The Obama administration lawyered it up as badly as "It depends on what the definition of 'is' is" or confiscation of property doesn't constitute punishment.

Quote:
"U.S. military operations are distinct from the kind of 'hostilities' contemplated by the Resolution's 60-day termination provision," the report said. "U.S. operations do not involve sustained fighting or active exchanges of fire with hostile forces, nor do they involve the presence of U.S. ground troops, U.S. casualties or a serious threat thereof, or any significant chance of escalation into a conflict characterized by those factors."
They claimed that our bombing campaign didn't constitute hostilities.
02-04-2017 , 01:53 AM
Unfortunately for trump, his knuckle-headed friend Rudy G spilled the beans on how trump wanted a Muslim ban. Hard to pretend it's about anything else when Mr 9/11 is out there confessing for no apparent reason.
02-04-2017 , 01:57 AM
Quote:
The ruling from Judge James L. Robart was broader than similar ones before it, and it prompted officials to immediately communicate with airlines. At the same time, though, the White House said in a statement the Justice Department would “at the earliest possible time” file for an emergency stay of the “outrageous” ruling from the judge. Minutes later, it issued a similar statement removing the word “outrageous.”


In reference to the above quote, does anyone know if using a term like "outrageous" in the manner it was done can be considered contempt of court? I would think they struck the word for a reason beyond just being polite.
02-04-2017 , 02:00 AM
Quote:
Originally Posted by BMOL33
Its ultimately going to take one of these idiots having someone in their family killed by a terrorist from one of these countries who they let in to wake up and finally come to their senses.
Next time a Trump supporter kills someone I'm going to finally come to my senses and start trying to get all of you deported.
02-04-2017 , 02:03 AM
Quote:
Originally Posted by Melkerson
He can't change the law. I suppose that he could just get CBP to enforce it that way, the courts could rule it unconstitutional, and then he could ignore the ruling. Since he runs the executive branch and therefore is one in charge of enforcing the ruling, he could keep ignoring it until congress decides to impeach him for it...which may be never.

So he can't change the law, but the above is the best he could do.
What then if people in the CBP refuse to do it because it's been ruled illegal? Can they be made to ignore the law?

And if they do enforce it can they be prosecuted?
02-04-2017 , 02:19 AM
Quote:
Originally Posted by valenzuela
I always forget that you Americans have that weird filibuster thing.
I can't imagine that'll be the case for too much longer the way things are going right now.
02-04-2017 , 02:22 AM
Quote:
Originally Posted by Dominic
My Dad's argument was, "you think everyone just suddenly decided to go to the airports all at once?" But I guess it makes sense that Soros reached out and paid everyone to protest the day after the ban was announced. THAT'S possible.

I mean, he doesn't even know what social media is, or how people can mobilize quickly. And it'd be impossible to explain it to him.

What drives me crazy is that my Dad is not a racist and has welcomed all races, gay or straight, all nationalities, into his home all of the time. If he actually SAW a refugee in need of help right in front of him, he'd take him home and feed him and give him clothing.

He's a world traveler and loves Morocco. ive date women of different color, religions, and nationalities, and he's treated all of them without fault like queens! He's the most generous man I know.

But Trump is god! This is what makes me really pessimistic...if my Dad can be this blind to the evil that this administration is doing, then what hope do we have?
Next time go to the protest and send your Dad a selfie.
02-04-2017 , 02:26 AM
If I am right that Trump would have an instant win if he barred everyone from those countries, then my next thought is that there may be some sort of legal principle that says that changing a constitutional law in a way that is clearly more moral, it must remain constitutional. In other words could he argue "Judge, given you agree that a law that saves no Christians is constitutional you can't strike down a law whose only difference is that you save some."?
02-04-2017 , 02:29 AM
Quote:
Originally Posted by David Sklansky
If I am right that Trump would have an instant win if he barred everyone from those countries, then my next thought is that there may be some sort of legal principle that says that changing a constitutional law in a way that is clearly more moral, it must remain constitutional. In other words could he argue "Judge, given you agree that a law that saves no Christians is constitutional you can't strike down a law whose only difference is that you save some."?
The fact they've been so quiet tonight outside of the initial tweet which they quickly edited is sort of scary. I think we may be in for our biggest crazy Trump moment yet in about 6 hours
02-04-2017 , 02:32 AM
No, because it's not in the Constitution's purview to recognize religion.
02-04-2017 , 02:51 AM
LOL...the preamble is sort of a given, no? I mean not in your progressive world of self discovery. I'm all for accepting the Constitution as written. Are you? The parts that are open to "interpretation" are further explained in the Federalist Papers. The further we get from altruistic leaders the weaker we become. And if you want to pretend that academe, Hollywood and 80+ % of media is not in the tank for Dems then lol @you. You better pray there is hope beyond the political
02-04-2017 , 03:14 AM
Quote:
Originally Posted by David Sklansky
If I am right that Trump would have an instant win if he barred everyone from those countries, then my next thought is that there may be some sort of legal principle that says that changing a constitutional law in a way that is clearly more moral, it must remain constitutional. In other words could he argue "Judge, given you agree that a law that saves no Christians is constitutional you can't strike down a law whose only difference is that you save some."?
Isn't it only "more moral" if saving those Christians is somehow not discriminatory (like if it it's only possible to save Christians)? The judge would probably want to know why it's only Christians.
02-04-2017 , 03:43 AM
Quote:
Originally Posted by chezlaw
What then if people in the CBP refuse to do it because it's been ruled illegal? Can they be made to ignore the law?

And if they do enforce it can they be prosecuted?
They can be made to ignore the law by threat of firing, I guess. I suppose if Trump really wants to go all out he could threaten them with imprisonment and actually throw them in jail somewhere. Judge would rule against that and order their release, but we're back to Trump being the one to enforce the judgement, and he could refuse that too, until he gets impeached.

As to the second question, I'm not exactly sure what you're asking.

If you're asking if they (CBP workers) can be prosecuted if they enforce Trump's ban despite the court order. Normally DOJ does the prosecuting of federal crimes. So if Trump is going to ignore the order, he will also direct DOJ not to prosecute anyone.

If you're asking can if they (CBP workers) can be prosecuted by DOJ if they enforce the court order against Trump's instruction to ignore it. That probably won't work either because even if DOJ prosecutes, the judge will rule against them. So they could be prosecuted unsuccessfully. But since defeat in court would be certain, DOJ would never prosecute.
02-04-2017 , 03:51 AM
I guess if Trump is going to do all this horrific ****, I'd rather him do it all in a hurry while the protests and opposition have momentum. Maybe they will grow big enough that something gets done. If he drags it out a little slower (and was even half ass competent) protests might lose steam as people get numb.
02-04-2017 , 04:04 AM
02-04-2017 , 04:04 AM
so the white house is saying it doesnt matter if the Yemen video is from 10 years ago?...

LOL!?!?

you cant make this **** up jfc

Last edited by Kirbynator; 02-04-2017 at 04:18 AM.
02-04-2017 , 04:13 AM
Cormac McCarthy references ITT.
02-04-2017 , 04:42 AM
I'm 30 years old; never struggled with anxiety, but it's been overwhelming me these last two weeks. I wake up every morning (after 4-5 hours of sleep) wondering if Trump has started WW3 yet. Anyone else having adult onset crippling anxiety due to this administration?
02-04-2017 , 04:51 AM
Quote:
Originally Posted by jwax13
I'm 30 years old; never struggled with anxiety, but it's been overwhelming me these last two weeks. I wake up every morning (after 4-5 hours of sleep) wondering if Trump has started WW3 yet. Anyone else having adult onset crippling anxiety due to this administration?
I don't obsess about much, and am generally pretty zen, but I check this thread probably 20 times a day expecting the worst each time I do. I'm pretty legit shook, and know where you're coming from.

Edit: Canadian fwiw.

      
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