Conservative judge refuses to roll over for Trump and pens 'jaw-dropping opinion' blasting William B

[riversedge]

Source: raw story





Conservative judge refuses to roll over for Trump and pens ‘jaw-dropping opinion’ blasting William Barr


Published 5 hours on February 12, 2020

In an op-ed for POLITICO this Wednesday, Kimberly Wehle writes that in the wake of President Trump’s acquittal, he has effectively “defanged” Congress’ oversight authority, but there’s one conservative judge who’s isn’t willing to roll over so easily.

“In a jaw-dropping opinion issued by the Seventh Circuit Court of Appeals in Chicago on January 23, Judge Frank Easterbrook—a longtime speaker for the conservative Federalist Society and someone whom the late Justice Antonin Scalia favored to replace him on the U.S. Supreme Court—rebuked Attorney General William Barr for declaring in a letter that the court’s decision in an immigration case was ‘incorrect’ and thus dispensable,” Wehle writes. “Barr’s letter was used as justification by the Board of Immigration Appeals (the federal agency that applies immigration laws) to ignore the court’s ruling not to deport a man who had applied for a visa to remain in the country.”


According to Wehle, Easterbrook’s broadside against the Justice Department “offers another window into the way the Trump administration is violating the division of power between the executive and judicial branches.”

Read more: https://www.rawstory.com/2020/02/conservative-judge-refuses-to-roll-over-for-trump-and-pens-jaw-dropping-opinion-blasting-william-barr/

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[doc03]

1. I wouldn't be surprised he fires her next. nt

[Bernardo de La Paz]

3. I do not think any President can "fire" a judge that easily. . . . nt

[doc03]

6. What about Barr? nt

[Bernardo de La Paz]

7. Nor Barr. I think you should read up on this a bit. . . . nt

[Sedona]

8. Federal judges can't be fired...

They are appointed for life. They must be impeached by the House and removed by 2/3 of the Senate, just like a President.

[Fla Dem]

9. Federal judges can only be removed by impeachment.

Article III judges can be removed from office only through impeachment by the House of Representatives and conviction by the Senate. Article III judgeships are created by legislation enacted by Congress. ... The Constitution also provides that judges' salaries cannot be reduced while they are in office.

[tavernier]

15. Isn't it a him? Article confused me a bit but I think

the scathing article was written by a male judge??

Judge Frank Easterbrook?

[Volaris]

23. The 7th Circuit Judge is Male, and a member of the Federalist Society.

The author of the politico article, is female.

And not for nothin, but if a traffic lawyer pulled a stunt like this, the judge would feed their law license to the raccoons outside.

'...and we hope NEVER to see it AGAIN.'

That's not an idle threat, to be sure. Barr pissed him OFF.

[dware]

27. He cannot fire him.

He would have to be impeached, tried, convicted and removed by the Congress, which certainly isn't going to happen.

[abqtommy]

2. One judge could have tRUMP committed to a mental institution. Think about it...

[Bernardo de La Paz]

4. Nor is that quite so easy, either. . . . nt

[DENVERPOPS]

12. you don't need a judge

I think any police officer or Physician can slap a 72 hour mental health hold on someone perceived to be in danger to themselves or another person...........

Of course, if the Secret Service is serving Trump like Hitler's "Schutzstaffel" (SS).... all bets are off................

[abqtommy]

16. For a long-term involuntary commit it takes a judge. I want to see tRUMP put away for good.

[DENVERPOPS]

18. Of course

even if a Judge orders it, who is going to execute the order????......BARR's DOJ ?????????

These are scary times, indeed........

[Marthe48]

5. Conservatives support the law

traitor is a criminal, surrounded by criminals. Criminals don't like the law. Powerful criminals will try to subvert the law. I applaud any effort to stop the criminals, but so far, no one has succeeded.

[mountain grammy]

14. No. No they don't.

[RussBLib]

17. Entirely possible that many judges appointed by Trump ...

....will not sit idly by while Trump eviserates our institutions. They may be conservative, sure, but they are not automatically fascists like Trump.

Indeed, one would expect a "conservative judge" to tend not to participate in the corruption of their own jobs.

A hopeful sign.

[oldsoftie]

25. Its possible. He couldnt have them removed from the bench, so they'd know their jobs safe. nt

[Kablooie]

20. They only support the law when it benefits them.

While claiming to support it all the time.
As recent events have shown they totally flaunt the law if it goes against their selfish interests.

[Marie Marie]

10. Maybe, finally, some of the Conservative Republican Judges will

push back and not be as willing to cede their "3rd Equal Branch " of government duties and powers as willingly as the Republican cowards in the House and Senate. I don't understand why so many are willing to hand over their power to a man who has no loyalty to anyone but himself. May many more follow suit.

[pansypoo53219]

11. shame we can't block a pardon.

[royable]

13. How about we just take the Repub tactic and just block it anyway? n/t

[Haggis for Breakfast]

19. Barr does NOT have the legal authority to vacate a court's decision.

He can appeal to a higher court -- take something all the way to the Supremes, , but he cannot vacate a court's order.

That he THINKS he can is deeply disturbing.

[MFGsunny]

21. This! Original article at link below is more helpful.

https://www.politico.com/news/magazine/2020/02/12/a-conservative-judge-draws-a-line-in-the-sand-with-trump-administration-114185

[rsdsharp]

24. "Members of the Board must count themselves lucky that Baez-Sanchez has not asked us

hold them in contempt, with all the consequences that possibility entails.”

Two words Your Honor: Sua Sponte.

You don't need a motion from Baez-Sanchez to issue an order to show cause.

[empedocles]

26. Another conservative step in the better direction