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Dark morning in America - talk of Model S seems - frivolous

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Here's the Executive Order.

Executive Order: Border Security and Immigration Enforcement Improvements

Here it is annotated:

Trump's Executive Order On Immigration, Annotated

The AG has a staff of highly qualified lawyers who must analyse every section of this order to determine legality based on the law -- not on political viewpoints -- following which directives are issued regarding enforcement. That requires them to interpret it so you are wrong when you say she should not "interpret" it. It is not only her obligation to interpret it but it is her duty. If any parts of the EO breaches any law then she has no obligation to enforce it -- but that only applies to the parts that breach any laws. She cannot fail to follow it in its entirety because it is bad policy. It is not all or nothing. She must enforce sections that may be bad policy but do not breach any law -- or resign. The Courts will not overrule the entire EO -- only the parts that breach any laws. She knows that but she refused to enforce any of it. That was wrong, in my view.

As to lawyers not interpreting, but only judges, that is wrong. The job of a lawyer is to interpret. They do that on both sides, argue their positions, and the court is the final arbitrator (subject to appeal). She has to do that interpretation, in good faith, based on the law, and not her personal or political views. And until overruled by the court, her interpretation is the law. That's how the system works.
Just a nit but she doesn't enforce the EO, DHS does. Her choice was whether to defend it, resign or let him fire her. I like her choice but understand the Dershowitz argument.
 
Just a nit but she doesn't enforce the EO, DHS does. Her choice was whether to defend it, resign or let him fire her. I like her choice but understand the Dershowitz argument.

It always comes down to which hill you are willing to die on.

Any future politician will be aware she is highly principled and cannot be trusted to follow orders. She will now have to directly run for office to get anywhere as high as her last job.
 
Just a nit but she doesn't enforce the EO, DHS does. Her choice was whether to defend it, resign or let him fire her. I like her choice but understand the Dershowitz argument.

It's seems to me that defending it is enforcing it but it's all just semantics anyway and doesn't change my point.

While you make like her choice, as do many others, that's not good enough for me. I need to hear your arguments in support of liking her choice, and it can't be that the EO is bad policy, since we agree on that point. Otherwise, it seems to me that it is just an argument that the end justifies the means, which is a dangerous course to follow.

To me, the law is paramount. It is the only thing that binds left, right and centre. Sure, this may be just be one small brick in the foundation of the law, but once cracks start to form we are in trouble. We saw it with the Republicans flaunting the Constitution with Obama's pick to replace Scalia. For many on the right, that was fine, since the end justifies the means.

Where does it end?
 
It's seems to me that defending it is enforcing it but it's all just semantics anyway and doesn't change my point.

While you make like her choice, as do many others, that's not good enough for me. I need to hear your arguments in support of liking her choice, and it can't be that the EO is bad policy, since we agree on that point. Otherwise, it seems to me that it is just an argument that the end justifies the means, which is a dangerous course to follow.

To me, the law is paramount. It is the only thing that binds left, right and centre. Sure, this may be just be one small brick in the foundation of the law, but once cracks start to form we are in trouble. We saw it with the Republicans flaunting the Constitution with Obama's pick to replace Scalia. For many on the right, that was fine, since the end justifies the means.

Where does it end?
I agree with Dershowitz's approach just not the exit strategy. In other words, had her letter been more nuanced such as calling out the specifics of the government's objection to not excluding green card and special entry visa holders from admission and the constitutional objections based on specific language in the EO that may violate protections under the first and fourteenth Amendments for example. Had her order not to defend these cases been limited to these sort of things it would have been clearer instructions for the U.S. Attorney's. Had the President ordered her to rescind that letter the right thing to do IMHO would be to maintain her integrity and say "no sir" which would end up with either Trump capitulating (you know that's not going to happen) or firing her. Same result in the end.
 
maybe you missed the part where the justice dept reviewed the EO before it was released and in their opinion deemed it legal.
why let the facts get in the way of a good rant?

Maybe I did.. I definitely read in the news, from multiple sources (excluding Breitbart), that it was not vetted by Justice. For example, from Lawfare, "The policy team at the White House developed the executive order on refugees and visas, and largely avoided the traditional interagency process that would have allowed the Justice Department and homeland security agencies to provide operational guidance, according to numerous officials who spoke to CNN on Saturday."

But just now in an OpEd in the WSJ (notwithstanding earlier criticism of this publication by other posters), I read that it was ruled legal by the Office of Legal Counsel. The OpEd argues that Yates should have been fired, but that Trump's team was arrogant and incompetent with how they created and rolled out the policy.. Not saying I agree with the article, just throwing more water on the idea that any news that doesn't agree with someone's views must either be biased or "fake."

Contrary to what I see from some posters here (does the shoe fit?), I'm fine to admit when I have wrong facts.

I still say the policy is wrong and await the judgment of the courts where it will be assessed against all the applicable laws.
 
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It always comes down to which hill you are willing to die on.

Any future politician will be aware she is highly principled and cannot be trusted to follow orders. She will now have to directly run for office to get anywhere as high as her last job.
And yet, surprisingly, that is not the metric by which all decisions are made.
 
Maybe I did.. I definitely read in the news, from multiple sources (excluding Breitbart), that it was not vetted by Justice. For example, from Lawfare, "The policy team at the White House developed the executive order on refugees and visas, and largely avoided the traditional interagency process that would have allowed the Justice Department and homeland security agencies to provide operational guidance, according to numerous officials who spoke to CNN on Saturday."
so you're saying spicer lied?
 
sorry but I trust him far more than I trust the hearsay from outlets like the NY Times, WaPo, cnn and their ilk.
Spicer specifically said in today's briefing that the reports from the NY Times were completely false.
I think Spicer has a lot of potential. As @AudubonB would say, 100% potential. But are you saying that you agree with the things he came out and said at the first press briefing? The crowd thing, which by the way means nothing about a president? It's not a popularity contest. But to come out and defend it as if it were, that's a little weird. And it's a verifiable lie.
 
And yet, surprisingly, that is not the metric by which all decisions are made.

It's the metric that wise decisions require.

She has no qualms about the POTUS deporting families without due process who have valid visas as of late December, many of whom have been living here for years. So her position is not based on concepts of social justice, it's simple politics.

Her staunch principles dictated that she must follow the party line even if it meant political suicide over a situation that would resolve itself with or without her.

Resigning would have been the pragmatic move.
 
I think Spicer has a lot of potential. As @AudubonB would say, 100% potential. But are you saying that you agree with the things he came out and said at the first press briefing? The crowd thing, which by the way means nothing about a president? It's not a popularity contest. But to come out and defend it as if it were, that's a little weird. And it's a verifiable lie.

Here is the verification. Yes it's The Washington Post, but their Pinocchio rating spears both parties. Besides you can judge for yourself.

Spicer earns Four Pinocchios for false claims on inauguration crowd size

So, proof point - Spicer lies. And if he would lie on something like this, why would he not lie on other stuff?
 
sorry but I trust him far more than I trust the hearsay from outlets like the NY Times, WaPo, cnn and their ilk.
Spicer specifically said in today's briefing that the reports from the NY Times were completely false.
Also, just want to point out that the minute you start to trust the information coming from your government more than from the free press, you're instantly subscribing to propaganda. That's fine for some people, but I like living in our democracy with the first Amendment.
 
I think Spicer has a lot of potential. As @AudubonB would say, 100% potential. But are you saying that you agree with the things he came out and said at the first press briefing? The crowd thing, which by the way means nothing about a president? It's not a popularity contest. But to come out and defend it as if it were, that's a little weird. And it's a verifiable lie.

Here is the verification. Yes it's The Washington Post, but their Pinocchio rating spears both parties. Besides you can judge for yourself.
Spicer earns Four Pinocchios for false claims on inauguration crowd size
So, proof point - Spicer lies. And if he would lie on something like this, why would he not lie on other stuff?

To be fair to Spicer, (and I am no fan of his at all) it appeared to me that he read from a prepared statement. He could have read false information (now called "alternative facts") but that does make it "a verifiable lie" at least on Spicer's part, in my opinion. If he believed the false information he was reading, he was not lying, according to the definition of a lie: A lie is a statement that the stating party believes to be false and that is made with the intention to deceive. I think Spicer may have truly believed the BS being fed to him and then was embarrassed when he saw the pictures, and other information, and that's why he came out much more conciliatory on his next briefing.

In fact, Trump probably truly believes to this day, in his own mind, that he had a larger crowd than Obama during his inauguration -- and the press is lying and out to get him. So if he says that, he is not lying. He is delusional but not lying. This is how psychopaths easily pass polygraph tests.
 
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