No wonder our system is so confusing Armand. Even leaders are confused.
“One of our very best Presidents, Franklin Delano Roosevelt, infamously interned Japanese residents and citizens.
In one of about two times in his life, John Edgar Hoover, FBI Head, was on the right side of liberty and justice when he advised FDR against the tyrannical move.
The same Edgar Hoover, used Executive Power to try to destroy the Civil Rights Movement both by infiltrating the Movement in the 1950s with undercover agents and, in the 1960s, trying to induce Dr. Martin Luther King to commit suicide.”
Armand, thank you for a detailed and well-reasoned lesson in history and law. It is chilling to see the image of Judge Dugan being perp-walked to the waiting vehicle. Bondi's assertion that "No one is above the law" is the most gobsmackingly idiotic piece of hypocrisy: she should be winning an Oscar for her performance. I hope they all rue the day they chose treason over truth. As to Chief Justice Roberts: I hope he lies awake nights with a sticky and sickening conscience at what he has wrought and how entwined his legacy will be with the felon he has enabled. Shameful. Shameful!
The executive immunity clause was only for their official capacity,which is the oath of office to faithfully execute the laws to the best of their ability.So there is the out ,if your a dolt you don’t have the ability.Congress needs to exercise their impeachment powers and vote them out .remove the speaker if necessary
Of course, under Common Law, as commented upon as early as Edward Coke and William Blackstone, the Sovereign enjoys immunity under the law.
Of course, Chief Justice John Roberts relies in part upon the old sovereign immunity which was imported into American law.
As a Federal claims officer (medical risk management) in the Air Force Reserves**, my medical risk management claims were adjudicated in context of the Federal Tort Claims Act, which involved a conditional waiver by the U.S. Congress in some areas of the law. Where not explicitly set forth in the Federal Tort Claims or similar Acts, the United States retained Sovereign Immunity.
The States enjoy sovereign immunity, too, and as an Air Force (Reserve) claims officer, and in my role as Associate Counsel in the Navy, I often ran into issues of a state's sovereign immunity.
So, Chief Justice Roberts' opinion is not out of whole cloth.
But the Opinion is so overreaching, beyond any traditional jurisprudence of sovereign immunity, that Sovereign Immunity is perverted to Executive Impunity.
With dangerous consequences we see in everyday America under King-Trump with his arrests of judges and his deporting even of young American citizens documented in the News.
And as King-Trump charges like Godzilla to trample precious things under his clawed paws, the Federal Courts react with their means, even judges appointed by Trump, and Trump strides along defying all court orders.
But the Congress would have to be totally, politically reorganized to enable impeachment.
Impeachment is the Constitutional remedy.
Indeed, it is.
But look at the party organization of Congress.
With more Democrats in the House and Senate, two impeachment attempts against Trump have already failed.
We cannot afford a third failure.
Can you imagine the totalitarian rage after a THIRD failure -- the empowerment by both a third acquittal as rearmed by Chief Justice Roberts' "Dictatorial Enabling Decision"?!
We will prevail.
But it is a Sisyphean slog ahead.
NB:
** Armando speaks for himself only. The Navy and Air Force speak only through official channels. Armando does NOT represent that his reference to his experiences as Judge Advocate (Air Force Reserves) or as Counsel (Navy -- Office of General Counsel) represent anything other than his own personal experiences and definitely do NOT speak for the Navy or Air Force. The only positions of the Navy or Air Force is in their own chosen publications and OFFICIAL spokespersons.
I also grew up in the south,not privileged though,but did witness the red lining,and white flight so common in our society today.There is nothing new under the sun .Also a correction,if you sow the wind you will inherit the whirlwind.Must be early onset of old timers !
Patrick: Actually, I had thought you had intentionally twisted the Biblical saying in an exercise of wit, and I found the twisted Proverb to be quite funny while making your point.
Thanks for the reply,a little deep for my layman’s concept just enjoy studying the law history and prophesy.We are definitely in unprecedented times as far as American history but not world history. The executive could be in trouble,if you reap the wind you will inherit the whirlwind!just food for thought.
Like so many, having lived through the Civil Rights Movement, I have a deep hatred of retrenchment back to Jim Crow as impersonated by Lester Maddox, George Wallace, Ross Barnett, and Bull Connor.
I was so appalled by news of the judge's arrest, I had a hard time understanding what had even happened.
No wonder our system is so confusing Armand. Even leaders are confused.
“One of our very best Presidents, Franklin Delano Roosevelt, infamously interned Japanese residents and citizens.
In one of about two times in his life, John Edgar Hoover, FBI Head, was on the right side of liberty and justice when he advised FDR against the tyrannical move.
The same Edgar Hoover, used Executive Power to try to destroy the Civil Rights Movement both by infiltrating the Movement in the 1950s with undercover agents and, in the 1960s, trying to induce Dr. Martin Luther King to commit suicide.”
Excellent article, Armand!
Armand, thank you for a detailed and well-reasoned lesson in history and law. It is chilling to see the image of Judge Dugan being perp-walked to the waiting vehicle. Bondi's assertion that "No one is above the law" is the most gobsmackingly idiotic piece of hypocrisy: she should be winning an Oscar for her performance. I hope they all rue the day they chose treason over truth. As to Chief Justice Roberts: I hope he lies awake nights with a sticky and sickening conscience at what he has wrought and how entwined his legacy will be with the felon he has enabled. Shameful. Shameful!
Kate Morgan Reade: You state it so well and so very accurately.
Totally second each of your sentiments.
The executive immunity clause was only for their official capacity,which is the oath of office to faithfully execute the laws to the best of their ability.So there is the out ,if your a dolt you don’t have the ability.Congress needs to exercise their impeachment powers and vote them out .remove the speaker if necessary
Patrick: You state the case exactly right.
Of course, under Common Law, as commented upon as early as Edward Coke and William Blackstone, the Sovereign enjoys immunity under the law.
Of course, Chief Justice John Roberts relies in part upon the old sovereign immunity which was imported into American law.
As a Federal claims officer (medical risk management) in the Air Force Reserves**, my medical risk management claims were adjudicated in context of the Federal Tort Claims Act, which involved a conditional waiver by the U.S. Congress in some areas of the law. Where not explicitly set forth in the Federal Tort Claims or similar Acts, the United States retained Sovereign Immunity.
The States enjoy sovereign immunity, too, and as an Air Force (Reserve) claims officer, and in my role as Associate Counsel in the Navy, I often ran into issues of a state's sovereign immunity.
So, Chief Justice Roberts' opinion is not out of whole cloth.
But the Opinion is so overreaching, beyond any traditional jurisprudence of sovereign immunity, that Sovereign Immunity is perverted to Executive Impunity.
With dangerous consequences we see in everyday America under King-Trump with his arrests of judges and his deporting even of young American citizens documented in the News.
And as King-Trump charges like Godzilla to trample precious things under his clawed paws, the Federal Courts react with their means, even judges appointed by Trump, and Trump strides along defying all court orders.
But the Congress would have to be totally, politically reorganized to enable impeachment.
Impeachment is the Constitutional remedy.
Indeed, it is.
But look at the party organization of Congress.
With more Democrats in the House and Senate, two impeachment attempts against Trump have already failed.
We cannot afford a third failure.
Can you imagine the totalitarian rage after a THIRD failure -- the empowerment by both a third acquittal as rearmed by Chief Justice Roberts' "Dictatorial Enabling Decision"?!
We will prevail.
But it is a Sisyphean slog ahead.
NB:
** Armando speaks for himself only. The Navy and Air Force speak only through official channels. Armando does NOT represent that his reference to his experiences as Judge Advocate (Air Force Reserves) or as Counsel (Navy -- Office of General Counsel) represent anything other than his own personal experiences and definitely do NOT speak for the Navy or Air Force. The only positions of the Navy or Air Force is in their own chosen publications and OFFICIAL spokespersons.
I also grew up in the south,not privileged though,but did witness the red lining,and white flight so common in our society today.There is nothing new under the sun .Also a correction,if you sow the wind you will inherit the whirlwind.Must be early onset of old timers !
Patrick: Actually, I had thought you had intentionally twisted the Biblical saying in an exercise of wit, and I found the twisted Proverb to be quite funny while making your point.
Thanks for the reply,a little deep for my layman’s concept just enjoy studying the law history and prophesy.We are definitely in unprecedented times as far as American history but not world history. The executive could be in trouble,if you reap the wind you will inherit the whirlwind!just food for thought.
Patrick: Thank you!
Like so many, having lived through the Civil Rights Movement, I have a deep hatred of retrenchment back to Jim Crow as impersonated by Lester Maddox, George Wallace, Ross Barnett, and Bull Connor.