GOP prepares to file lawsuit against Holder
NBCNews.com
House Republicans will file a civil suit against Attorney General Eric
Holder during the August recess, House Oversight Committee Chairman Darrell
Issa (R-CA) has told NBC News. Larry Downing / REUTERS. U.S. Attorney
General Eric Holder during a ...
<http://firstread.nbcnews.com/_news/2012/08/03/13105010-gop-prepares-t...>
> GOP prepares to file lawsuit against Holder
> NBCNews.com
> House Republicans will file a civil suit against Attorney General Eric
> Holder during the August recess, House Oversight Committee Chairman Darrell
> Issa (R-CA) has told NBC News. Larry Downing / REUTERS. U.S. Attorney
> General Eric Holder during a ...
> <http://firstread.nbcnews.com/_news/2012/08/03/13105010-gop-prepares-t...>
> On 8/4/12 10:23 AM, don Gabacho wrote:
>> GOP prepares to file lawsuit against Holder
>> NBCNews.com
>> House Republicans will file a civil suit against Attorney General Eric
>> Holder during the August recess, House Oversight Committee Chairman
>> Darrell
>> Issa (R-CA) has told NBC News. Larry Downing / REUTERS. U.S. Attorney
>> General Eric Holder during a ...
>> <http://firstread.nbcnews.com/_news/2012/08/03/13105010-gop-prepares-t...>
> <yawn/>
Yup. Happens everyday. At least with some administrations.
> On 8/4/2012 12:14 PM, deadrat wrote:
>> On 8/4/12 10:23 AM, don Gabacho wrote:
>>> GOP prepares to file lawsuit against Holder
>>> NBCNews.com
>>> House Republicans will file a civil suit against Attorney General Eric
>>> Holder during the August recess, House Oversight Committee Chairman
>>> Darrell
>>> Issa (R-CA) has told NBC News. Larry Downing / REUTERS. U.S. Attorney
>>> General Eric Holder during a ...
>>> <http://firstread.nbcnews.com/_news/2012/08/03/13105010-gop-prepares-t...>
>> <yawn/>
> Yup. Happens everyday. At least with some administrations.
It's happened. The reason for my lack of excitement is that the time needed to resolve this suit is longer than the time Obama can possibly remain in office. And when he leaves office, it will become moot.
> don Gabacho <jpast...@nettaxi.com> wrote:
>> GOP prepares to file lawsuit against Holder
>> NBCNews.com
> The courts won't get involved in a dispute between the executive
> and the congress. I'll huff and I'll puff...
What part of Watergate did you miss? I suggest you read the 8-0
Supreme Court decision United States v. Nixon, 418 U.S. 683 (1974).
In summary, Warren Burger and the Supremes informed Tricky Dick
that the "Divine Right of Kings" is a Fairy Tale.
> On Sat, 04 Aug 2012 11:23:34 -0400, don Gabacho <jpast...@nettaxi.com>
> wrote:
>> GOP prepares to file lawsuit against Holder
>> NBCNews.com
> The courts won't get involved in a dispute between the executive and the
> congress. I'll huff and I'll puff...
This isn't true, as US v Nixon shows. The courts don't like to get involved in disputes that are technically about legal issues but that are really political dog fights.
On Sun, 5 Aug 2012 02:23:52 +0000 (UTC), rdad...@panix.com (Dick
Adams) wrote:
> .....
>> The courts won't get involved in a dispute between the executive
>> and the congress. I'll huff and I'll puff...
>What part of Watergate did you miss? I suggest you read the 8-0
>Supreme Court decision United States v. Nixon, 418 U.S. 683 (1974).
>In summary, Warren Burger and the Supremes informed Tricky Dick
>that the "Divine Right of Kings" is a Fairy Tale.
U.S. v. Nixon is not a good illustrative example of the
federal courts' willingness or nor to become involved in a dispute
between a POTUS and congress. While it is true that that litigation occurred against a
background of such a dispute, of congress investigating whether to
impeach the president and apparently of being on the verge of doing
exactly that, the case itself arose in a criminal law context:
It was not congress and instead a special prosecutor following
widespread public anger at Nixon having summarily fired a prior duly
appointed independent prosecutor who obtained a criminal grand jury
subpoena for the tapes as part of an independent grand jury
investigation and it was the president's refusal to comply with that
subpoena that resulted in the Supremes' unanimous ruling.
> On Sun, 5 Aug 2012 02:23:52 +0000 (UTC), rdad...@panix.com (Dick
> Adams) wrote:
>> .....
>>> The courts won't get involved in a dispute between the executive
>>> and the congress. I'll huff and I'll puff...
>> What part of Watergate did you miss? I suggest you read the 8-0
>> Supreme Court decision United States v. Nixon, 418 U.S. 683 (1974).
>> In summary, Warren Burger and the Supremes informed Tricky Dick
>> that the "Divine Right of Kings" is a Fairy Tale.
> U.S. v. Nixon is not a good illustrative example of the
> federal courts' willingness or nor to become involved in a dispute
> between a POTUS and congress.
> While it is true that that litigation occurred against a
> background of such a dispute, of congress investigating whether to
> impeach the president and apparently of being on the verge of doing
> exactly that, the case itself arose in a criminal law context:
> It was not congress and instead a special prosecutor following
> widespread public anger at Nixon having summarily fired a prior duly
> appointed independent prosecutor who obtained a criminal grand jury
> subpoena for the tapes as part of an independent grand jury
> investigation and it was the president's refusal to comply with that
> subpoena that resulted in the Supremes' unanimous ruling.
An excellent point, but see the DC Circuit's ruling in Senate Select Committee v Nixon. In deciding for the executive, the court was not shy about instructing the Select Committee on its duties and indeed its role in Congressional business.
> On Sun, 5 Aug 2012 02:23:52 +0000 (UTC), rdad...@panix.com (Dick
> Adams) wrote:
>> .....
>>> The courts won't get involved in a dispute between the executive
>>> and the congress. I'll huff and I'll puff...
>> What part of Watergate did you miss? I suggest you read the 8-0
>> Supreme Court decision United States v. Nixon, 418 U.S. 683 (1974).
>> In summary, Warren Burger and the Supremes informed Tricky Dick
>> that the "Divine Right of Kings" is a Fairy Tale.
> U.S. v. Nixon is not a good illustrative example of the
> federal courts' willingness or nor to become involved in a dispute
> between a POTUS and congress.
> While it is true that that litigation occurred against a
> background of such a dispute, of congress investigating whether to
> impeach the president and apparently of being on the verge of doing
> exactly that, the case itself arose in a criminal law context:
> It was not congress and instead a special prosecutor following
> widespread public anger at Nixon having summarily fired a prior duly
> appointed independent prosecutor who obtained a criminal grand jury
> subpoena for the tapes as part of an independent grand jury
> investigation and it was the president's refusal to comply with that
> subpoena that resulted in the Supremes' unanimous ruling.
Issa's committee has been timing its legal moves politically, to force television news to report in earnest along with, I believe, the speech of Obama's handpicked key-note speaker, San Antonio's Mexican Mayor.
Nonetheless the charges are not only valid but also imperative.
US news jumped on the break-in resulting in Watergate. It is a sign of how the US meida has long been co-opted to not only not jump on the murders resulting from Fast & Furious, but also a condemnation of the media to not even assign investigative reporters to instead propagate the DOJ's excuse: that Fast & Furious must be a mere "botch-job." And why? Because Holder says so.
Imagine the news having simply accepted Agnew's excuses?
Despite the best efforts of, essentially, those most engaged in co-opting the media in their shameless down-play of the issue*,
the issue is no mere "political dog-fight."
And the judiciary knows it.
Obama and Holder have challenged Congress's Constitutionally empowerment for oversight including subpoena power.
If it turns out the judiciary is disinterested, it will be far more indicative of its long having been co-opted also and not for any traditional reluctance.
*They do so to protect Holder and Obama per se, but to protect the MxGov and Calderon.
Meanwhile, there are reports and commentaries though from the hinterland; and they are mounting and damning.
For example:
Fast & Furious: Where the buck stops
By Tribune-Review [Pittsburg]
Published: Friday, August 3, 2012, 8:56 p.m.
Updated: Friday, August 3, 2012
Republican congressional investigators continue to document the whole sorry Fast and Furious affair. And while there�s plenty of blame to go around for underlings, it�s Attorney General Eric Holder who bears ultimate responsibility � and who should lose his job.
The first of three reports, obtained by the Los Angeles Times before its release, concludes that five senior Bureau of Alcohol, Tobacco, Firearms and Explosives officials � including its special agent in charge in Phoenix and top man in Washington � share responsibility, citing their �missteps, poor judgments and inherently reckless strategy.�
ATF allowed about 2,500 illegal gun sales in Arizona but failed to track those guns to Mexican drug cartels as intended. Two were found at the scene of U.S. Border Patrol Agent Brian Terry�s killing.
Two others were recovered after a Mexican state attorney general�s brother was killed � and that first report says those five ATF officials tried to hide that fact from Mexico�s government.
The other reports will deal with Justice�s �devastating failure of supervision and leadership� and �unprecedented obstruction� of the congressional probe at the department�s �highest levels� � which lately earned Mr. Holder a contempt-of-Congress citation for withholding subpoenaed documents.
However culpable others within Justice may be, the buck stops with Holder, confirming that he�s manifestly unfit to remain the nation�s top law enforcement officer.
> On 8/4/2012 11:30 PM, cdar...@jprude.net wrote:
>> On Sun, 5 Aug 2012 02:23:52 +0000 (UTC), rdad...@panix.com (Dick
>> Adams) wrote:
>>> .....
>>>> The courts won't get involved in a dispute between the executive
>>>> and the congress. I'll huff and I'll puff...
>>> What part of Watergate did you miss? I suggest you read the 8-0
>>> Supreme Court decision United States v. Nixon, 418 U.S. 683 (1974).
>>> In summary, Warren Burger and the Supremes informed Tricky Dick
>>> that the "Divine Right of Kings" is a Fairy Tale.
>> U.S. v. Nixon is not a good illustrative example of the
>> federal courts' willingness or nor to become involved in a dispute
>> between a POTUS and congress.
>> While it is true that that litigation occurred against a
>> background of such a dispute, of congress investigating whether to
>> impeach the president and apparently of being on the verge of doing
>> exactly that, the case itself arose in a criminal law context:
>> It was not congress and instead a special prosecutor following
>> widespread public anger at Nixon having summarily fired a prior duly
>> appointed independent prosecutor who obtained a criminal grand jury
>> subpoena for the tapes as part of an independent grand jury
>> investigation and it was the president's refusal to comply with that
>> subpoena that resulted in the Supremes' unanimous ruling.
> Issa's committee has been timing its legal moves politically, to force
> television news to report in earnest along with, I believe, the speech
> of Obama's handpicked key-note speaker, San Antonio's Mexican Mayor.
Issa has backed himself into a corner. He's referred a criminal contempt citation to the USA for DC, who laughed in his face. He's got a civil suit ginned up to try to force Holder's hand, but the run time on that exceeds the maximum time Obama could spend in office. He just looks weak and foolish. All he's got left is inherent contempt. Let's see if he's stupid enough to try to arrest the AG.
> Nonetheless the charges are not only valid but also imperative.
If by "valid" and "imperative," you mean "bullshit."
> US news jumped on the break-in resulting in Watergate. It is a sign of
> how the US meida has long been co-opted to not only not jump on the
> murders resulting from Fast & Furious, but also a condemnation of the
> media to not even assign investigative reporters to instead propagate
> the DOJ's excuse: that Fast & Furious must be a mere "botch-job." And
> why? Because Holder says so.
Yeah, they'd rather report on Romney's dog being hauled to Canada on top of a car. Kinda sucks for you, eh?
> Imagine the news having simply accepted Agnew's excuses?
> Despite the best efforts of, essentially, those most engaged in
> co-opting the media in their shameless down-play of the issue*,
> the issue is no mere "political dog-fight."
> And the judiciary knows it.
The judiciary is gonna kick this can down the road. My bet? The first court to hear the civil suit dismisses it because Issa hasn't pursued a compromise on disclosure.
> Obama and Holder have challenged Congress's Constitutionally empowerment
> for oversight including subpoena power.
They have, but they've asserted their own power to hold things confidential under executive privilege. Obama hasn't made Nixon's mistake: his claim is specific to certain documents prepared for consultations between him and his top officers.
> If it turns out the judiciary is disinterested, it will be far more
> indicative of its long having been co-opted also and not for any
> traditional reluctance.
> *They do so to protect Holder and Obama per se, but to protect the MxGov
> and Calderon.
> Meanwhile, there are reports and commentaries though from the
> hinterland; and they are mounting and damning.
> For example:
> Fast & Furious: Where the buck stops
> By Tribune-Review [Pittsburg]
> Published: Friday, August 3, 2012, 8:56 p.m.
> Updated: Friday, August 3, 2012
<snipped: copyright violation/>
If all you've got is an editorial from a Pittsburgh newspaper calling for Holder's resignation, then you've got nothing.
> On 8/4/12 10:30 PM, cdar...@jprude.net wrote:
>> On Sun, 5 Aug 2012 02:23:52 +0000 (UTC), rdad...@panix.com (Dick
>> Adams) wrote:
>>> .....
>>>> The courts won't get involved in a dispute between the executive
>>>> and the congress. I'll huff and I'll puff...
>>> What part of Watergate did you miss? I suggest you read the 8-0
>>> Supreme Court decision United States v. Nixon, 418 U.S. 683 (1974).
>>> In summary, Warren Burger and the Supremes informed Tricky Dick
>>> that the "Divine Right of Kings" is a Fairy Tale.
>> U.S. v. Nixon is not a good illustrative example of the
>> federal courts' willingness or nor to become involved in a dispute
>> between a POTUS and congress.
>> While it is true that that litigation occurred against a
>> background of such a dispute, of congress investigating whether to
>> impeach the president and apparently of being on the verge of doing
>> exactly that, the case itself arose in a criminal law context:
>> It was not congress and instead a special prosecutor following
>> widespread public anger at Nixon having summarily fired a prior duly
>> appointed independent prosecutor who obtained a criminal grand jury
>> subpoena for the tapes as part of an independent grand jury
>> investigation and it was the president's refusal to comply with that
>> subpoena that resulted in the Supremes' unanimous ruling.
> An excellent point, but see the DC Circuit's ruling in Senate Select
> Committee v Nixon. In deciding for the executive, the court was not shy
> about instructing the Select Committee on its duties and indeed its role
> in Congressional business.
Yet, the Obama administration, in its manic quest for secrecy, has pushed very hard in court to prevent the release of obsolete but historical materials:
"On June 24 and 25, 1975, Nixon gave secret testimony to a grand jury. According to news reports at the time, Nixon answered questions about the 18-1/2 minute tape gap, altering White House tape transcripts turned over to the House Judiciary Committee, using the Internal Revenue Service to harass political enemies, and a $100,000 contribution from billionaire Howard Hughes. Aided by the Public Citizen Litigation Group, the historian Stanley Kutler, who has written several books about Nixon and Watergate, sued for release of the transcripts of the testimony.[64] President Obama's justice department opposed the transcripts release on privacy grounds. On July 29, 2011, the U.S. District Judge Royce Lamberth granted Kutler's request, saying that historical interests trumped privacy interests. He noted that Nixon and other key figures likely to be mentioned were deceased and most of the surviving figures had testified under oath, written about or were interviewed about Watergate. The transcripts were not immediately released pending the government's decision on whether to appeal.[64] They were released in their entirety on November 10, 2011, although the names of people still alive were redacted.[65]"--wikipedia.
On Aug 4, 10:23 am, don Gabacho <jpast...@nettaxi.com> wrote:
> GOP prepares to file lawsuit against Holder
> NBCNews.com
> House Republicans will file a civil suit against Attorney General Eric
> Holder during the August recess, House Oversight Committee Chairman Darrell
> Issa (R-CA) has told NBC News. Larry Downing / REUTERS. U.S. Attorney
> General Eric Holder during a ...
> <http://firstread.nbcnews.com/_news/2012/08/03/13105010-gop-prepares-t...>
House Republicans will file a civil suit against Attorney General Eric
Holder
---
throw that house boy out asap by any means necessary
> >>> GOP prepares to file lawsuit against Holder
> >>> NBCNews.com
> >>> House Republicans will file a civil suit against Attorney General Eric
> >>> Holder during the August recess, House Oversight Committee Chairman
> >>> Darrell
> >>> Issa (R-CA) has told NBC News. Larry Downing / REUTERS. U.S. Attorney
> >>> General Eric Holder during a ...
> >>> <http://firstread.nbcnews.com/_news/2012/08/03/13105010-gop-prepares-t...>
> >> <yawn/>
> > Yup. Happens everyday. At least with some administrations.
> It's happened. The reason for my lack of excitement is that the time
> needed to resolve this suit is longer than the time Obama can possibly
> remain in office. And when he leaves office, it will become moot.
Congress never has standing in these cases anyway so it will be
summarily tossed unless a Repug judge thinks it has some political
effect which it probably doesn't.
Why don't Repugs talk to their buddies at a GOP shill tank and get
them to file?
>>>>> GOP prepares to file lawsuit against Holder
>>>>> NBCNews.com
>>>>> House Republicans will file a civil suit against Attorney General Eric
>>>>> Holder during the August recess, House Oversight Committee Chairman
>>>>> Darrell
>>>>> Issa (R-CA) has told NBC News. Larry Downing / REUTERS. U.S. Attorney
>>>>> General Eric Holder during a ...
>>>>> <http://firstread.nbcnews.com/_news/2012/08/03/13105010-gop-prepares-t...>
>>>> <yawn/>
>>> Yup. Happens everyday. At least with some administrations.
>> It's happened. The reason for my lack of excitement is that the time
>> needed to resolve this suit is longer than the time Obama can possibly
>> remain in office. And when he leaves office, it will become moot.
> Congress never has standing in these cases anyway so it will be
> summarily tossed unless a Repug judge thinks it has some political
> effect which it probably doesn't.
Of course Congress has standing in these cases. It's their subpoena that they're tried to get enforced. There's no "particularized harm" standard as in suits for damages.
> Why don't Repugs talk to their buddies at a GOP shill tank and get
> them to file?
No private citizen would ever have standing to get a Congressional subpoena enforced. What are you talking about?
> > >>> GOP prepares to file lawsuit against Holder
> > >>> NBCNews.com
> > >>> House Republicans will file a civil suit against Attorney General Eric
> > >>> Holder during the August recess, House Oversight Committee Chairman
> > >>> Darrell
> > >>> Issa (R-CA) has told NBC News. Larry Downing / REUTERS. U.S. Attorney
> > >>> General Eric Holder during a ...
> > >>> <http://firstread.nbcnews.com/_news/2012/08/03/13105010-gop-prepares-t..
> > >>> .>
> > >> <yawn/>
> > > Yup. Happens everyday. At least with some administrations.
> > It's happened. The reason for my lack of excitement is that the time
> > needed to resolve this suit is longer than the time Obama can possibly
> > remain in office. And when he leaves office, it will become moot.
> Congress never has standing in these cases anyway so it will be
> summarily tossed unless a Repug judge thinks it has some political
> effect which it probably doesn't.
Congress never has standing?
Hunh?
However, I certainly agree it will have minimal political impact.
The political impact the GOP is aiming for is found in demonstrating the Obama White House has been the exact opposite of "the most open and transparent administration in history."
No more secrecy. That is a commitment that I make to you as president.
---Barack Obama (2008)
Fact is, nobody really cares. Not the Democrats. Not the Independents. Not even the GOP. Obama knew that even as he uttered those silly words.
It's not like Obama can get reelected anyway.
> Why don't Repugs talk to their buddies at a GOP shill tank and get
> them to file?
It's that standing thingy, of course.
What makes you think a private citizen can sue a currently serving official in an administration for grievances caused by sanctioned policies?
Paula Jones?
The damages must have taken place before the official took office.
-- Neolibertarian
"Global Warming: It ain't the heat, it's the stupidity."
> What makes you think a private citizen can sue a currently serving
> official in an administration for grievances caused by sanctioned
> policies?
It happens often. The suer addresses the lawsuit as 'The Person's Actual Name' as (or in the capacity of) the 'Title of Office' of 'Whatever Office of Government'.
> In article
> <5a0a7599-e6f9-4b99-aa1f-a08fe2b67...@8g2000vbx.googlegroups.com>,
> Bret Cahill <Bret_E_Cah...@yahoo.com> wrote:
>>>>>> GOP prepares to file lawsuit against Holder
>>>>>> NBCNews.com
>>>>>> House Republicans will file a civil suit against Attorney General Eric
>>>>>> Holder during the August recess, House Oversight Committee Chairman
>>>>>> Darrell
>>>>>> Issa (R-CA) has told NBC News. Larry Downing / REUTERS. U.S. Attorney
>>>>>> General Eric Holder during a ...
>>>>>> <http://firstread.nbcnews.com/_news/2012/08/03/13105010-gop-prepares-t..
>>>>>> .>
>>>>> <yawn/>
>>>> Yup. Happens everyday. At least with some administrations.
>>> It's happened. The reason for my lack of excitement is that the time
>>> needed to resolve this suit is longer than the time Obama can possibly
>>> remain in office. And when he leaves office, it will become moot.
>> Congress never has standing in these cases anyway so it will be
>> summarily tossed unless a Repug judge thinks it has some political
>> effect which it probably doesn't.
> Congress never has standing?
> Hunh?
> However, I certainly agree it will have minimal political impact.
> The political impact the GOP is aiming for is found in demonstrating the
> Obama White House has been the exact opposite of "the most open and
> transparent administration in history."
> ³No more secrecy. That is a commitment that I make to you as president.²
> ---Barack Obama (2008)
> Fact is, nobody really cares. Not the Democrats. Not the Independents.
> Not even the GOP. Obama knew that even as he uttered those silly words.
> It's not like Obama can get reelected anyway.
>> Why don't Repugs talk to their buddies at a GOP shill tank and get
>> them to file?
> It's that standing thingy, of course.
> What makes you think a private citizen can sue a currently serving
> official in an administration for grievances caused by sanctioned
> policies?
> Paula Jones?
> The damages must have taken place before the official took office.
Do you have any cites for this? You don't suppose that Monica Lewinsky could have sued Clinton for harassment had she not been a willing participant?
Private citizens sue public officials all the time. In this case, though, private individuals have no standing to enforce Congressional subpoenas.
>> What makes you think a private citizen can sue a currently serving
>> official in an administration for grievances caused by sanctioned
>> policies?
> It happens often. The suer addresses the lawsuit as 'The Person's Actual
> Name' as (or in the capacity of) the 'Title of Office' of 'Whatever
> Office of Government'.
Oh, good. Don Gazpacho weighs in with his extensive knowledge of the law.
Generally, you can't sue a state or the feds directly, and unless they agree, you can't sue them for damages at all. What you can do is sue them for injunctive relief if your rights have been violated or if he's failed to perform a ministerial duty on your behalf. But it's your rights that have to be violated. You can't sue Holder because he's ignoring a Congressional subpoena. Congress has to do that.
> >>>>>> GOP prepares to file lawsuit against Holder
> >>>>>> NBCNews.com
> >>>>>> House Republicans will file a civil suit against Attorney General Eric
> >>>>>> Holder during the August recess, House Oversight Committee Chairman
> >>>>>> Darrell
> >>>>>> Issa (R-CA) has told NBC News. Larry Downing / REUTERS. U.S. Attorney
> >>>>>> General Eric Holder during a ...
> >>>>>> <http://firstread.nbcnews.com/_news/2012/08/03/13105010-gop-prepares-t.
> >>>>>> .
> >>>>>> .>
> >>>>> <yawn/>
> >>>> Yup. Happens everyday. At least with some administrations.
> >>> It's happened. The reason for my lack of excitement is that the time
> >>> needed to resolve this suit is longer than the time Obama can possibly
> >>> remain in office. And when he leaves office, it will become moot.
> >> Congress never has standing in these cases anyway so it will be
> >> summarily tossed unless a Repug judge thinks it has some political
> >> effect which it probably doesn't.
> > Congress never has standing?
> > Hunh?
> > However, I certainly agree it will have minimal political impact.
> > The political impact the GOP is aiming for is found in demonstrating the
> > Obama White House has been the exact opposite of "the most open and
> > transparent administration in history."
> > No more secrecy. That is a commitment that I make to you as president.
> > ---Barack Obama (2008)
> > Fact is, nobody really cares. Not the Democrats. Not the Independents.
> > Not even the GOP. Obama knew that even as he uttered those silly words.
> > It's not like Obama can get reelected anyway.
> >> Why don't Repugs talk to their buddies at a GOP shill tank and get
> >> them to file?
> > It's that standing thingy, of course.
> > What makes you think a private citizen can sue a currently serving
> > official in an administration for grievances caused by sanctioned
> > policies?
> > Paula Jones?
> > The damages must have taken place before the official took office.
> Do you have any cites for this?
Clinton v Jones (1997)
Petitioner promptly advised the Federal District Court that he would file a motion to dismiss on Presidential immunity grounds, and requested that all other pleadings and motions be deferred until the immunity issue was resolved. After the court granted that request, petitioner filed a motion to dismiss without prejudice and to toll any applicable statutes of limitation during his Presidency.
[...]
Petitioner's principal submission--that in all but the most exceptional cases, the Constitution affords the President temporary immunity from civil damages litigation arising out of events that occurred before he took office--cannot be sustained on the basis of precedent. The principal rationale for affording Presidents immunity from damages actions based on their official acts--i.e., to enable them to perform their designated functions effectively without fear that a particular decision may give rise to personal liability, see, e.g., Nixon v. Fitzgerald, 457 U.S. 731, 749, 752, and n. 32--provides no support for an immunity for unofficial conduct.
> You don't suppose that Monica Lewinsky > could have sued Clinton for harassment had she not been a willing > participant?
Unofficial conduct? I imagine so.
> Private citizens sue public officials all the time. In this case, > though, private individuals have no standing to enforce Congressional > subpoenas.
The best legal remedy becomes available Tuesday, November 6th, from 7am - 7pm in most states and precincts.
If We the People don't do what's right and necessary at that time, we've got no one left to blame.
-- Neolibertarian
"Global Warming: It ain't the heat, it's the stupidity."
In article <jvq02l$i6...@dont-email.me>,
don Gabacho <jpast...@nettaxi.com> wrote:
> On 8/6/2012 9:47 PM, Neolibertarian wrote:
> > What makes you think a private citizen can sue a currently serving
> > official in an administration for grievances caused by sanctioned
> > policies?
> It happens often. The suer addresses the lawsuit as 'The Person's Actual > Name' as (or in the capacity of) the 'Title of Office' of 'Whatever > Office of Government'.
You're only embarrassing yourself.
Stop while you're ahead.
Remember, these posts are archived at Google and other places around the internet into perpetuity.
Do you want to risk having, say, your grandchildren stumble across these posts in the years to come? You want to so thoughtlessly inflict that kind of shame upon them?
Think man, think!
-- Neolibertarian
"Global Warming: It ain't the heat, it's the stupidity."
> In article <8vudnY-t-6lFB73NnZ2dnUVZ5jedn...@giganews.com>,
> deadrat <a...@b.com> wrote:
>> On 8/6/12 8:47 PM, Neolibertarian wrote:
>>> In article
>>> <5a0a7599-e6f9-4b99-aa1f-a08fe2b67...@8g2000vbx.googlegroups.com>,
>>> Bret Cahill <Bret_E_Cah...@yahoo.com> wrote:
>>>>>>>> GOP prepares to file lawsuit against Holder
>>>>>>>> NBCNews.com
>>>>>>>> House Republicans will file a civil suit against Attorney General Eric
>>>>>>>> Holder during the August recess, House Oversight Committee Chairman
>>>>>>>> Darrell
>>>>>>>> Issa (R-CA) has told NBC News. Larry Downing / REUTERS. U.S. Attorney
>>>>>>>> General Eric Holder during a ...
>>>>>>>> <http://firstread.nbcnews.com/_news/2012/08/03/13105010-gop-prepares-t.
>>>>>>>> .
>>>>>>>> .>
>>>>>>> <yawn/>
>>>>>> Yup. Happens everyday. At least with some administrations.
>>>>> It's happened. The reason for my lack of excitement is that the time
>>>>> needed to resolve this suit is longer than the time Obama can possibly
>>>>> remain in office. And when he leaves office, it will become moot.
>>>> Congress never has standing in these cases anyway so it will be
>>>> summarily tossed unless a Repug judge thinks it has some political
>>>> effect which it probably doesn't.
>>> Congress never has standing?
>>> Hunh?
>>> However, I certainly agree it will have minimal political impact.
>>> The political impact the GOP is aiming for is found in demonstrating the
>>> Obama White House has been the exact opposite of "the most open and
>>> transparent administration in history."
>>> ³No more secrecy. That is a commitment that I make to you as president.²
>>> ---Barack Obama (2008)
>>> Fact is, nobody really cares. Not the Democrats. Not the Independents.
>>> Not even the GOP. Obama knew that even as he uttered those silly words.
>>> It's not like Obama can get reelected anyway.
>>>> Why don't Repugs talk to their buddies at a GOP shill tank and get
>>>> them to file?
>>> It's that standing thingy, of course.
>>> What makes you think a private citizen can sue a currently serving
>>> official in an administration for grievances caused by sanctioned
>>> policies?
>>> Paula Jones?
>>> The damages must have taken place before the official took office.
>> Do you have any cites for this?
> Clinton v Jones (1997)
> Petitioner promptly advised the Federal District Court that he would
> file a motion to dismiss on Presidential immunity grounds, and requested
> that all other pleadings and motions be deferred until the immunity
> issue was resolved. After the court granted that request, petitioner
> filed a motion to dismiss without prejudice and to toll any applicable
> statutes of limitation during his Presidency.
> [...]
> Petitioner's principal submission--that in all but the most exceptional
> cases, the Constitution affords the President temporary immunity from
> civil damages litigation arising out of events that occurred before he
> took office--cannot be sustained on the basis of precedent. The
> principal rationale for affording Presidents immunity from damages
> actions based on their official acts--i.e., to enable them to perform
> their designated functions effectively without fear that a particular
> decision may give rise to personal liability, see, e.g., Nixon v.
> Fitzgerald, 457 U.S. 731, 749, 752, and n. 32--provides no support for
> an immunity for unofficial conduct.
This says the suit on prior damages could proceed. It doesn't say it would have failed had the damages been contemporaneous with holding office.
>> You don't suppose that Monica Lewinsky
>> could have sued Clinton for harassment had she not been a willing
>> participant?
> Unofficial conduct? I imagine so.
>> Private citizens sue public officials all the time. In this case,
>> though, private individuals have no standing to enforce Congressional
>> subpoenas.
> The best legal remedy becomes available Tuesday, November 6th, from 7am
> - 7pm in most states and precincts.
This isn't a legal, as in judicial, remedy. It's a political remedy. And it's existence is one reason why the civil suit against Holder is a waste of time.
> If We the People don't do what's right and necessary at that time, we've
> got no one left to blame.
Yeah? Where were you in November 2000 and November 2004?
> In article <jvq02l$i6...@dont-email.me>,
> don Gabacho <jpast...@nettaxi.com> wrote:
>> On 8/6/2012 9:47 PM, Neolibertarian wrote:
>>> What makes you think a private citizen can sue a currently serving
>>> official in an administration for grievances caused by sanctioned
>>> policies?
>> It happens often. The suer addresses the lawsuit as 'The Person's Actual
>> Name' as (or in the capacity of) the 'Title of Office' of 'Whatever
>> Office of Government'.
> You're only embarrassing yourself.
Can't happen if there's no sense of shame.
> Stop while you're ahead.
Ahead?
> Remember, these posts are archived at Google and other places around the
> internet into perpetuity.
> Do you want to risk having, say, your grandchildren stumble across these
> posts in the years to come? You want to so thoughtlessly inflict that
> kind of shame upon them?
> >>>>>>>> GOP prepares to file lawsuit against Holder
> >>>>>>>> NBCNews.com
> >>>>>>>> House Republicans will file a civil suit against Attorney General > >>>>>>>> Eric
> >>>>>>>> Holder during the August recess, House Oversight Committee Chairman
> >>>>>>>> Darrell
> >>>>>>>> Issa (R-CA) has told NBC News. Larry Downing / REUTERS. U.S. > >>>>>>>> Attorney
> >>>>>>>> General Eric Holder during a ...
> >>>>>>>> <http://firstread.nbcnews.com/_news/2012/08/03/13105010-gop-prepares- > >>>>>>>> t.
> >>>>>>>> .
> >>>>>>>> .>
> >>>>>>> <yawn/>
> >>>>>> Yup. Happens everyday. At least with some administrations.
> >>>>> It's happened. The reason for my lack of excitement is that the time
> >>>>> needed to resolve this suit is longer than the time Obama can possibly
> >>>>> remain in office. And when he leaves office, it will become moot.
> >>>> Congress never has standing in these cases anyway so it will be
> >>>> summarily tossed unless a Repug judge thinks it has some political
> >>>> effect which it probably doesn't.
> >>> Congress never has standing?
> >>> Hunh?
> >>> However, I certainly agree it will have minimal political impact.
> >>> The political impact the GOP is aiming for is found in demonstrating the
> >>> Obama White House has been the exact opposite of "the most open and
> >>> transparent administration in history."
> >>> No more secrecy. That is a commitment that I make to you as president.
> >>> ---Barack Obama (2008)
> >>> Fact is, nobody really cares. Not the Democrats. Not the Independents.
> >>> Not even the GOP. Obama knew that even as he uttered those silly words.
> >>> It's not like Obama can get reelected anyway.
> >>>> Why don't Repugs talk to their buddies at a GOP shill tank and get
> >>>> them to file?
> >>> It's that standing thingy, of course.
> >>> What makes you think a private citizen can sue a currently serving
> >>> official in an administration for grievances caused by sanctioned
> >>> policies?
> >>> Paula Jones?
> >>> The damages must have taken place before the official took office.
> >> Do you have any cites for this?
> > Clinton v Jones (1997)
> > Petitioner promptly advised the Federal District Court that he would
> > file a motion to dismiss on Presidential immunity grounds, and requested
> > that all other pleadings and motions be deferred until the immunity
> > issue was resolved. After the court granted that request, petitioner
> > filed a motion to dismiss without prejudice and to toll any applicable
> > statutes of limitation during his Presidency.
> > [...]
> > Petitioner's principal submission--that in all but the most exceptional
> > cases, the Constitution affords the President temporary immunity from
> > civil damages litigation arising out of events that occurred before he
> > took office--cannot be sustained on the basis of precedent. The
> > principal rationale for affording Presidents immunity from damages
> > actions based on their official acts--i.e., to enable them to perform
> > their designated functions effectively without fear that a particular
> > decision may give rise to personal liability, see, e.g., Nixon v.
> > Fitzgerald, 457 U.S. 731, 749, 752, and n. 32--provides no support for
> > an immunity for unofficial conduct.
> >> You don't suppose that Monica Lewinsky
> >> could have sued Clinton for harassment had she not been a willing
> >> participant?
> > Unofficial conduct? I imagine so.
> >> Private citizens sue public officials all the time. In this case,
> >> though, private individuals have no standing to enforce Congressional
> >> subpoenas.
> > The best legal remedy becomes available Tuesday, November 6th, from 7am
> > - 7pm in most states and precincts.
> This isn't a legal, as in judicial, remedy. It's a political remedy. > And it's existence is one reason why the civil suit against Holder is a > waste of time.
> > If We the People don't do what's right and necessary at that time, we've
> > got no one left to blame.
> Yeah? Where were you in November 2000 and November 2004?
Defending my Constitution from the Barbarians at the Gate, of course.
-- Neolibertarian
"Global Warming: It ain't the heat, it's the stupidity."
> In article <jvq02l$i6...@dont-email.me>,
> don Gabacho <jpast...@nettaxi.com> wrote:
>> On 8/6/2012 9:47 PM, Neolibertarian wrote:
>>> What makes you think a private citizen can sue a currently serving
>>> official in an administration for grievances caused by sanctioned
>>> policies?
>> It happens often. The suer addresses the lawsuit as 'The Person's Actual
>> Name' as (or in the capacity of) the 'Title of Office' of 'Whatever
>> Office of Government'.
> You're only embarrassing yourself.
> Stop while you're ahead.
> Remember, these posts are archived at Google and other places around the
> internet into perpetuity.
> Do you want to risk having, say, your grandchildren stumble across these
> posts in the years to come? You want to so thoughtlessly inflict that
> kind of shame upon them?
> Think man, think!
Think about Z to A?
Court opinions for zivotofsky v. secretary of state
Zivotofsky v. Secretary of State, 571 F. 3d 1227 - 2009 - Court of Appeals, Dist. of - Cited by 43
Zivotofsky v. Secretary of State, 511 F. Supp. 2d 97 - - Dist. Court, Dist. of - Cited by 8
Zivotofsky ex rel. Ari Z. v. Secretary of State, 444 F. 3d - Court of Appeals, Dist. of - Cited by 44
Search Results
Zivotofsky v. Clinton (10-699) | LII / Legal Information Institute
See Zivotofsky v. Secretary of State, 571 F.3d 1227, 1228 (D.C. Cir. 2009). In accordance with the President of the United States's directive on the status of ...
Zivotofsky v. Clinton | The Oyez Project at IIT Chicago-Kent College ...
On his behalf, Zivotofsky's parents filed this suit against the Secretary of State ... G. Roberts: We'll hear argument first this morning in Case 10-699, Zivotofsky v.
ZIVOTOFSKY v. SECRETARY OF STATE, No. 07-5347., July 10 ...
caselaw.findlaw.com/us-dc-circuit/1091709.html
Jul 10, 2009 ZIVOTOFSKY v. SECRETARY OF STATE. Ari Z. ZIVOTOFSKY, M.B.Z. by his Parents And Guardians and Naomi Siegman Zivotofsky, M.B.Z. by ...
Jewish Law - Legal Briefs ("Zivotofsky vs. The Secretary of State")
Jewish Law Logo, Jewish Law - Examining Halacha, Jewish Issues and Secular Law. Zivotofsky vs. The Secretary of State. UNITED STATES DISTRICT COURT ...
File Format: PDF/Adobe Acrobat - Quick View
Mar 26, 2012 ZIVOTOFSKY ET UX. v. CLINTON, SECRETARY. OF STATE. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR ...
10-699 - Search - Supreme Court of the United States
Menachem Binyamin Zivotofsky, By His Parents and Guardians, Ari Z. and Naomi Siegman Zivotofsky, Petitioner. v. Hillary Rodham Clinton, Secretary of State ...
File Format: PDF/Adobe Acrobat - Quick View
by his parents and guardians, ARI Z. and. NAOMI SIEGMAN ZIVOTOFSKY,. Petitioner, v. HILLARY RODHAM CLINTON, Secretary of State,. Respondent.
Coming in November: Menachem Zivotofsky v. Secretary of State ...
Jul 30, 2011 The case of Menachem Zivotofsky v. Secretary of State Clinton (No. 10-699) will be heard by the U.S. Supreme Court in November 2011 and ...
[PDF]
Brief of petitioner for zivotofsky v. Clinton, 10-699
File Format: PDF/Adobe Acrobat
ARI Z. AND NAOMI SIEGMAN ZIVOTOFSKY,. Petitioner, v. HILLARY RODHAM CLINTON. SECRETARY OF STATE,. Respondent. BRIEF OF AMICUS CURIAE ...
> In article <bMednVQGAMKLf7zNnZ2dnUVZ5jSdn...@giganews.com>,
> deadrat <a...@b.com> wrote:
>> On 8/7/12 9:32 PM, Neolibertarian wrote:
>>> In article <8vudnY-t-6lFB73NnZ2dnUVZ5jedn...@giganews.com>,
>>> deadrat <a...@b.com> wrote:
>>>> On 8/6/12 8:47 PM, Neolibertarian wrote:
>>>>> In article
>>>>> <5a0a7599-e6f9-4b99-aa1f-a08fe2b67...@8g2000vbx.googlegroups.com>,
>>>>> Bret Cahill <Bret_E_Cah...@yahoo.com> wrote:
>>>>>>>>>> GOP prepares to file lawsuit against Holder
>>>>>>>>>> NBCNews.com
>>>>>>>>>> House Republicans will file a civil suit against Attorney General
>>>>>>>>>> Eric
>>>>>>>>>> Holder during the August recess, House Oversight Committee Chairman
>>>>>>>>>> Darrell
>>>>>>>>>> Issa (R-CA) has told NBC News. Larry Downing / REUTERS. U.S.
>>>>>>>>>> Attorney
>>>>>>>>>> General Eric Holder during a ...
>>>>>>>>>> <http://firstread.nbcnews.com/_news/2012/08/03/13105010-gop-prepares- >>>>>>>>>> t.
>>>>>>>>>> .
>>>>>>>>>> .>
>>>>>>>>> <yawn/>
>>>>>>>> Yup. Happens everyday. At least with some administrations.
>>>>>>> It's happened. The reason for my lack of excitement is that the time
>>>>>>> needed to resolve this suit is longer than the time Obama can possibly
>>>>>>> remain in office. And when he leaves office, it will become moot.
>>>>>> Congress never has standing in these cases anyway so it will be
>>>>>> summarily tossed unless a Repug judge thinks it has some political
>>>>>> effect which it probably doesn't.
>>>>> Congress never has standing?
>>>>> Hunh?
>>>>> However, I certainly agree it will have minimal political impact.
>>>>> The political impact the GOP is aiming for is found in demonstrating the
>>>>> Obama White House has been the exact opposite of "the most open and
>>>>> transparent administration in history."
>>>>> �No more secrecy. That is a commitment that I make to you as president.�
>>>>> ---Barack Obama (2008)
>>>>> Fact is, nobody really cares. Not the Democrats. Not the Independents.
>>>>> Not even the GOP. Obama knew that even as he uttered those silly words.
>>>>> It's not like Obama can get reelected anyway.
>>>>>> Why don't Repugs talk to their buddies at a GOP shill tank and get
>>>>>> them to file?
>>>>> It's that standing thingy, of course.
>>>>> What makes you think a private citizen can sue a currently serving
>>>>> official in an administration for grievances caused by sanctioned
>>>>> policies?
>>>>> Paula Jones?
>>>>> The damages must have taken place before the official took office.
>>>> Do you have any cites for this?
>>> Clinton v Jones (1997)
>>> Petitioner promptly advised the Federal District Court that he would
>>> file a motion to dismiss on Presidential immunity grounds, and requested
>>> that all other pleadings and motions be deferred until the immunity
>>> issue was resolved. After the court granted that request, petitioner
>>> filed a motion to dismiss without prejudice and to toll any applicable
>>> statutes of limitation during his Presidency.
>>> [...]
>>> Petitioner's principal submission--that in all but the most exceptional
>>> cases, the Constitution affords the President temporary immunity from
>>> civil damages litigation arising out of events that occurred before he
>>> took office--cannot be sustained on the basis of precedent. The
>>> principal rationale for affording Presidents immunity from damages
>>> actions based on their official acts--i.e., to enable them to perform
>>> their designated functions effectively without fear that a particular
>>> decision may give rise to personal liability, see, e.g., Nixon v.
>>> Fitzgerald, 457 U.S. 731, 749, 752, and n. 32--provides no support for
>>> an immunity for unofficial conduct.
>> This says the suit on prior damages could proceed. It doesn't say it
>> would have failed had the damages been contemporaneous with holding office.
> I linked to the rest of the decision.
>>>> You don't suppose that Monica Lewinsky
>>>> could have sued Clinton for harassment had she not been a willing
>>>> participant?
>>> Unofficial conduct? I imagine so.
>>>> Private citizens sue public officials all the time. In this case,
>>>> though, private individuals have no standing to enforce Congressional
>>>> subpoenas.
>>> The best legal remedy becomes available Tuesday, November 6th, from 7am
>>> - 7pm in most states and precincts.
>> This isn't a legal, as in judicial, remedy. It's a political remedy.
>> And it's existence is one reason why the civil suit against Holder is a
>> waste of time.
>>> If We the People don't do what's right and necessary at that time, we've
>>> got no one left to blame.
>> Yeah? Where were you in November 2000 and November 2004?
> Defending my Constitution from the Barbarians at the Gate, of course.