Thread: Judge will temporarily halt deportations of reunited families By TED HESSON 07/16/201

Originally Posted by stoptheinvaders

A federal judge on Monday said he will issue a temporary halt to deportations of migrant parents who are reunited with their children.

The ACLU, which represents the plaintiffs in a high-profile case over family separations at the border, said the pause was needed to ensure that parents slated for removal can make informed decisions about whether to leave their children behind in the United States.

The Judges and ACLU cried fowl when the children were separated from their parents, now asking for 7 days so parents can decide if they want to voluntarily be separated from their children.

That's something they can decide to do in their own country when they're all back home in it. That's not an option for them here or at least it shouldn't be. This is just a side effect of the grand stupidity of letting them in to begin with.

U.S. District Judge does not have the legal authority to stop deportation.

Originally Posted by lorrie

U.S. District Judge does not have the legal authority to stop deportation.

I wouldn't think so either! The Judge needs to sit down and shut up.

What a giant clusterfvck this turned out to be. HUUUUGE!!

Trump needs to ignore the court order

Originally Posted by lorrie

Trump needs to ignore the court order

What Would Happen If the President Defies a Court Order?

FEBRUARY 3RD 2017
By: Thor Benson
With lawyers gearing up to challenge President Trump at every turn, and given Trump's temperament and lack of conventionality, it seems possible he may try to defy court orders with which he disagrees.

During the initial battle over Trump's executive order banning refugees and other immigrants over the weekend, reports came out that numerous border agents were defying a federal court order that said to let immigrants detained at multiple airports enter the country. The question becomes:

What would happen if Mr. Trump decided to encourage federal employees to defy a court order?

WALLYG/WIKIMEDIA - WIKIMEDIA.ORG

Some history

"An officer who defies a court order is subject to contempt of court," Michael McConnell, director of the Constitutional Law Center at Stanford Law School, told ATTN:. That means the federal employee could face fines or jail time.

McConnell said presidents have tried to get around court orders in the past, but it hasn't happened in a long time. He pointed to President Abraham Lincoln refusing to comply with the U.S. Supreme Court during the Civil War when it decidedthe president did not have the authority to order that a man accused of treason, Maryland state legislator and militia lieutenant John Merryman, be held without trial.

JEFF KUBINA/WIKIMEDIA - WIKIMEDIA.ORG

Andrew Jackson did a similar thing when he reportedly said:

“John Marshall has made his decision; now let him enforce it.” The accuracy of that quote has been debated, but that's another story. Jackson was referring to Supreme Court Justice John Marshall, who had ruled that a state law allowing for the seizure of indigenous land violated federal treaties. And, indeed, Jackson simply ignored the ruling, as PBS recounts.

A constitutional crisis

Any president defying the courts could cause a constitutional crisis.

"If the president were to tell [federal employees] to disobey a court order, then presumably the court would hold those officers in contempt," Adam Winkler, a professor of constitutional law at UCLA, told ATTN:.

"They could, possibly, even hold President Trump in contempt," Winkler said. "It's not clear exactly how that would work. It would be a constitutional crisis of the sort that maybe we're likely to get in a Trump administration."

BLUSZCZOKRZEW/WIKIMEDIA - WIKIMEDIA.ORG

Winkler said it would definitely "cause chaos," and that "the prospect is too horrible" to even contemplate.
Trump acting in such a way could be the basis for impeachment proceedings, but that would be the responsibility of a Congress controlled by the president's own party, Winkler noted. One major reason the president resisting courts would be so damaging is the effect it would have on the separation of powers. No branch of the government, at least on paper, is to challenge the power and jurisdiction of another.

What's more likely

Winkler said it's more likely that Trump will have the Attorney General order federal employees to defy the courts, but it's not impossible that Trump would decide to do it himself. He's known for tweeting impulsively and signing executive ordersbefore consulting his top people, after all.

It is possible, though, that Trump would find it hard to go against his lawyers.

GAGE SKIDMORE/FLICKR - FLICKR.COM

"I imagine that if Trump ordered lawyers to ignore court orders, we would see significant resignations, en masse," Winkler said. "You're talking about government prosecutors who believe in the rule of law. These are not political appointees, these are career prosecutors. They're not going to follow that kind of order."

The conscience of a federal lawyer, then, may be the best tool available to stop a president from defying the rule of law.

https://www.attn.com/stories/14672/w...es-defy-courts

Originally Posted by JohnDoe2

"An officer who defies a court order is subject to contempt of court," Michael McConnell, director of the Constitutional Law Center at Stanford Law School, told ATTN:. That means the federal employee could face fines or jail time.

A judge can make an order that is found to be illegal, or that the judge did not have the authority to make the order, and it's no skin off of his nose!

"They could, possibly, even hold President Trump in contempt," Winkler said. "It's not clear exactly how that would work.

Exactly! Constitutionally they could do nothing until he was impeached. By then the matter would most likely be moot!

Trump acting in such a way could be the basis for impeachment proceedings, but that would be the responsibility of a Congress controlled by the president's own party, Winkler noted.

One major reason the president resisting courts would be so damaging is the effect it would have on the separation of powers. No branch of the government, at least on paper, is to challenge the power and jurisdiction of another.

Tell that to all the left-wing judges!

"I imagine that if Trump ordered lawyers to ignore court orders, we would see significant resignations, en masse," Winkler said. "You're talking about government prosecutors who believe in the rule of law. These are not political appointees, these are career prosecutors. They're not going to follow that kind of order."

We are a nation of cowards. Remember Nathan Hale's "I only regret that I have but one life to lose for my country."?

In the military we were taught to obey orders. Then came the My Lai massacre. In that case it was found that a military member had the right to disobey an order of a superior officer if they felt is was illegal. I tested that a couple of times. Once a Captain ordered me to remove a part from an airplane to put on another airplane that was about to take off. I refuse. He threatened Courts-Martial. I stood my ground, asked for his serial number and he backed down. My buddies said I was going down. But if I complied with that Captain's order, I would likely have been held accountable. And you could be sure he would leave me out to dry. His career was more important...to him!

It's a matter of standing up for what's right. What this judge ordered is not law. It's only his order. So I think there is grounds to disobey it until determination is made.

Originally Posted by lorrie

Trump needs to ignore the court order

The judge makes an order that brings everything to a halt until the Ninth Circuit Court has time to consider it. If President Trump ignores the order, they will be the ones waiting for a court date!

Originally Posted by lorrie

U.S. District Judge does not have the legal authority to stop deportation.

Someone needs to inform them and the ACLU of that