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Trump, claiming "plenary power" orders 3d Cir to reinstate Habba (gunnerattt)
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Date: December 1st, 2025 2:13 PM Author: Emotionally + Physically Abusive Ex-Husband (oppose bitchbois) "It says so right in the Constitution." (http://www.autoadmit.com/thread.php?thread_id=5804789&forum_id=2],#49474612) |
Date: December 1st, 2025 2:15 PM Author: "Antisemite of the Year" Ms. Rachel (Goy First, America Always) ELI5 how come the court disqualified Habba from NJ USA? Like why can't Trump appoint her? He's the President, no? I don't know anything about this topic fr. (http://www.autoadmit.com/thread.php?thread_id=5804789&forum_id=2],#49474616) |
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Date: December 1st, 2025 3:18 PM Author: NSAM's Schizoid Conspiracy Advent Calendar (gunneratttt) AGs must be confirmed with the advice and consent of the senate per non-constitutional federal law. the AGs power derives from POTUS's constitutional plenary power to enforce the law.
EPAH and I had had a debate about this regarding comeys dismissal. after EPAH got pwned a couple time and was revealed to be reading the wrong opinion he gave up discussing in good faith. apparently this has still been living rent-free in his head.
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Date: December 1st, 2025 3:29 PM Author: "Antisemite of the Year" Ms. Rachel (Goy First, America Always) So to recap COTUS says President has plenary power to enforce the law and the US Code says Trump needs advice and consent of the Senate?
You said AG I thought she was up for NJUSA? Doesn't Trump need the Senate to confirm AGUSA? Or are you saying he no longer needs the Senate to confirm because of plenary powers?
In toto, the US Code is superceded by Constitutional power? |
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Date: December 1st, 2025 3:45 PM Author: NSAM's Schizoid Conspiracy Advent Calendar (gunneratttt) ordinary federal legislation cannot supersede the constitution, but i was not arguing POTUS's powers were unconstitutionally infringed by requiring A&C for the appointment of US attorneys (same as AG, i have a bad habit of calling US attorneys AGs since they're essentially the AG of that state for federal cases).
EPAH is strawmanning my argument by implying that was my argument. |
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Date: December 1st, 2025 3:47 PM Author: "Antisemite of the Year" Ms. Rachel (Goy First, America Always) Ok so my question then becomes if a President's powers are not being infringed by requiring A&C for AGUSA why would that not extend to NJUSA? Why one and not the other, especially one that is downwind of a higher position? (http://www.autoadmit.com/thread.php?thread_id=5804789&forum_id=2],#49474929) |
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Date: December 1st, 2025 3:58 PM Author: NSAM's Schizoid Conspiracy Advent Calendar (gunneratttt) i wasn't saying that either.
the comey indictment was dismissed because the prosecutor was unlawfully appointed, and it was held the statute of limitations was not satisfied by the indictment for the same reason.
my argument was that this is bad policy when there is evidence that POTUS, the one who actually holds the power, supported the indictment. it shouldn't matter if the agent of POTUS was unqualified for some reason when POTUS actually manifested support for his power to be used that way. especially when it comes to the statute of limitations, which is ordinarily satisfied when an indictment is made, and comey's rights were not infringed by the prosecutor being unqualified.
the country has an interest in the law being enforced. i am very sympathetic to accused getting off for technical reasons when it involves protecting their rights (e.g. evidence being suppressed that was unlawfully gathered). but that is not the case here, because the indictment would not have been any different if the AG was appointed properly, and comey had notice that POTUS himself supported the indictment. |
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Date: December 1st, 2025 4:37 PM Author: "Antisemite of the Year" Ms. Rachel (Goy First, America Always) Cr. These are very good points. Still sort of embarrassing that Trump admin keeps bungling these things.
What if you were on trial and Trump appointed an actual clown from the carnival to prosecute you? Surely some hypothetical exists where there should be some check on executive power. At any rate these are political blunders by Trump that could have been avoided. Lots of unnecessary own goals adding up. |
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Date: December 1st, 2025 4:46 PM Author: NSAM's Schizoid Conspiracy Advent Calendar (gunneratttt) that is part of what the court relied on. however, i think that's a spurious justification because there *isn't* a real risk of this happening. all of trump's appointees have been licensed attorneys. moreover that doesn't move the needle on the fact that POTUS actually did manifest his intent to use the powers he was vested with, so it doesn't really matter if his agent was unqualified insofar as the indictment satisfying the statute of limitations. once the prosecutor starts using their own judgment with the powers they're borrowing from POTUS then there's a stronger argument that we have an interest in a prosecutor's qualifications.
you're right that this is a trump own goal. and i don't comey should have been indicted anyway, i think we need to put an end to this political lawfare. but i think the decision exacerbates that because it's clearly politically motivated. i don't care about comey and trump is an idiot, but i'm focused on whether or not this is good policy period, and i don't think it is. |
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Date: December 1st, 2025 4:52 PM Author: "Antisemite of the Year" Ms. Rachel (Goy First, America Always) Thank you for your scholarship saar. I think I mostly agree No argument here.
MAGA is cooked we're America First now. |
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Date: December 1st, 2025 4:56 PM Author: Emotionally + Physically Abusive Ex-Husband (oppose bitchbois) That's not scholarship! (http://www.autoadmit.com/thread.php?thread_id=5804789&forum_id=2],#49475145) |
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Date: December 1st, 2025 4:59 PM Author: "Antisemite of the Year" Ms. Rachel (Goy First, America Always) I Can't Believe It's Not Scholarship!™ (http://www.autoadmit.com/thread.php?thread_id=5804789&forum_id=2],#49475154) |
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Date: December 1st, 2025 3:56 PM Author: https://imgur.com/a/o2g8xYK Executive power (http://www.autoadmit.com/thread.php?thread_id=5804789&forum_id=2],#49474953) |
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Date: December 1st, 2025 4:36 PM Author: https://imgur.com/a/o2g8xYK First paragraph of the opinion:
The Constitution requires that “Officers of the United States” be nominated by the President and confirmed by the Senate, except that Congress may authorize certain other means of appointment for “inferior Officers.” U.S. Const. art. II, § 2, cl. II. An officer is “any appointee exercising significant authority pursuant to the laws of the United States.” Buckley v. Valeo, 424 U.S. 1, 126 (1976). This presidential appointment and Senate confirmation process is widely referred to as the PAS process. |