LOL at the hypocrisy of libs' responses to Kim Davis and Sally Yates
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Date: January 31st, 2017 12:43 PM Author: pink space weed whacker
Dude, stop being a stupid ape. These 2 incidents aren't at all comparable.
Yates legal belief is that the EO is unlawful. If SCOTUS ruled it was, she would have enforced. Unlike Davis.
(http://www.autoadmit.com/thread.php?thread_id=3510546&forum_id=2#32509270)
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Date: January 31st, 2017 12:53 PM Author: pink space weed whacker
That is an entirely different argument.
And one in which I actually agree with.
However, this situation isn't comparable at all to the Davis situation, which is what the retarded OP states.
(http://www.autoadmit.com/thread.php?thread_id=3510546&forum_id=2#32509372) |
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Date: January 31st, 2017 12:38 PM Author: pink space weed whacker
You are fucking retarded.
Yates' job as AG is to only enforce laws that are Constitutional. The EO may or may not be Constitutional, but she believes it to be unconstitutional, so she isn't going to enforce until the courts tell her otherwise as to Constitutionality,
Davis was told by the FUCKING SCOTUS that the law WAS CONSTITUTIONAL and she refused to enforce it. Get it now you stupid fucking faggot?
(http://www.autoadmit.com/thread.php?thread_id=3510546&forum_id=2#32509219) |
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Date: January 31st, 2017 12:44 PM Author: pink space weed whacker
Do I really have to link you to the Sessions video where he asks her in confirmation if she should enforce unlawful orders? Do I really have to do that you fucking disingenuous fuck?
Yes. Yes I do.
https://mobile.twitter.com/BraddJaffy/status/826303833504628736/video/1
(http://www.autoadmit.com/thread.php?thread_id=3510546&forum_id=2#32509286) |
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Date: January 31st, 2017 12:54 PM Author: Chartreuse Parlour Gay Wizard
You are mischaracterizing both me and Sessions, dude.
I said it is the DOJ's job to defend the US in court when sued. I didn't say it is their only job. I also didn't say they should do so if it requires a frivolous argument. But where there is a non-frivolous argument to be made in defense of the policy of the US government, then yes I think it is the DOJ's job to make that argument.
The Sessions quote doesn't even touch on the gray areas that any competent attorney (even you) knows exist in matters of constitutional interpretation, and it doesn't touch on defending the US in court when sued.
(http://www.autoadmit.com/thread.php?thread_id=3510546&forum_id=2#32509382) |
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Date: January 31st, 2017 12:58 PM Author: pink space weed whacker
"But where there is a non-frivolous argument to be made in defense of the policy of the US government, then yes I think it is the DOJ's job to make that argument."
That is your opinion brother. One that I do not share. If the AG thinks the law is unconstitutional, he/she has the duty to tell POTUS he/she won't enforce it.
Then in my view, he/she should resign if the POTUS disagrees. In this instance, she did it in a way to get fired for publicity, which I do think was wrong.
(http://www.autoadmit.com/thread.php?thread_id=3510546&forum_id=2#32509421) |
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Date: January 31st, 2017 1:09 PM Author: stirring startling dilemma
"That is some broad-ass discretion. Do you have any basis for opining that DOJ attorneys have discretion to do something that would get a normal attorney sanctioned by bar authorities (publicly taking the side of the parties suing their client)?"
The Atty Gen is not an attorney representing a private company. It's like a DA. They have to worry about things like conserving office resources, protecting the credibility of the office, and yes, litigating in a manner that doesn't create bad precedent for future cases. These aren't concerns for private attorneys. That's why the prosecutorial and litigation discretion given to the AG (and DA's of major cities) is very broad.
For instance, they will often knowingly not prosecute a case that they can win (or at least get an indictment on) because of the three issues I noted above.
(http://www.autoadmit.com/thread.php?thread_id=3510546&forum_id=2#32509517) |
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Date: January 31st, 2017 1:15 PM Author: Chartreuse Parlour Gay Wizard
And AGs and DAs totally come out and publicly trash their government's legal position all the time, right?
If you've got a legal dept independently making its judgment as to what policies are worth defending, you are short-circuiting the political process. You really think the DOJ should/can effectively act as as a veto on any government law or policy (by declining to defend it against legal challenges)?
(http://www.autoadmit.com/thread.php?thread_id=3510546&forum_id=2#32509576)
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Date: January 31st, 2017 1:26 PM Author: stirring startling dilemma
"And AGs and DAs totally come out and publicly trash their government's legal position all the time, right?"
Pay more attention to the relationships of local executives and their DA's. It happens all the time. It's not an easy position to be in because there's a constant battle between doing what your executive wants (especially if he appointed you or ran on the same ticket as you) and carrying out your office's mission which is to act in the long-term best interests of the jurisdiction.
And yes, the ethical rules as to Chief DA's and the AG are different than they are for private attorneys because of the blend between the law and public policy. It's not an easy balance. In this case Sally Yates argued that vigorously litigating the EO would damage the credibility of the office and create bad precedent that would harm the office's ability to litigate and prosecute future cases. I believe she acted ethically. I also believe Trump had the right to fire her.
(http://www.autoadmit.com/thread.php?thread_id=3510546&forum_id=2#32509683) |
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Date: January 31st, 2017 12:19 PM Author: pink space weed whacker
The acting AG of the US refused to enforce an order she believed was uncostitutional/unlawful.
Kim Davis refused to enforce a law that the SCOTUS told her was constitutional/lawful. And as we all know, SCOTUS gets the last word on that, just as they will on Trump's EO.
That's the difference.
(http://www.autoadmit.com/thread.php?thread_id=3510546&forum_id=2#32508981) |
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Date: January 31st, 2017 12:39 PM Author: pink space weed whacker
No.
SCOTUS always gets the last word on constitutional and they said gay marriage was constitutional and Davis STILL insisted you wouldn't grant licenses.
That isn't at all what Yates did, you fucking retarded ape.
(http://www.autoadmit.com/thread.php?thread_id=3510546&forum_id=2#32509231) |
Date: January 31st, 2017 12:16 PM Author: Heady parlor
She should have just resigned if she disagreed with the order, just as is the norm.
But with this move now she's a political figure who can run for office in a couple years
(http://www.autoadmit.com/thread.php?thread_id=3510546&forum_id=2#32508942) |
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Date: February 1st, 2017 1:03 AM Author: Misanthropic stag film
do you think history will agree with her?
from what i've read, trumps eo only had to meet rational basis scrutiny
which means
it will pass
(http://www.autoadmit.com/thread.php?thread_id=3510546&forum_id=2#32515916) |
Date: January 31st, 2017 1:46 PM Author: motley toilet seat station
The two are identical.
Yates admitted the order was lawful, but added in some bullshit about how her position required her to take the context behind the orders into account.
In other words, both women refused to follow lawful orders on the basis that it went against their religion.
Davis's religion was Christianity while Yates' religion was shitliberalism.
(http://www.autoadmit.com/thread.php?thread_id=3510546&forum_id=2#32509818) |
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