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Cake day: June 18th, 2023

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  • As long as it’s a federal court holding them in contempt, Trump can just pardon them.

    Criminal contempt has this problem, but civil contempt is not pardonable, because there is no crime to pardon.

    Judge Boasberg is trying to proceed with criminal contempt on the “turn the planes around” order. Whatever happens there, it is unlikely to end in convictions that stick.

    Judge Xinis is proceeding towards civil contempt. If she finds someone in willful contempt, she can imprison them until they choose to comply. And the evidence standard in civil contempt is “clear and convincing,” not “beyond a reasonable doubt.”


  • The infamous immunity ruling gives the President a lot of immunity from criminal prosecution.

    But besides that, there’s an older precedent in civil litigation that no judge can write an injunction directly against the President in the performance of his official duties. So all of these TROs and injunctions, including the Friday SC order, either do not apply to the President himself, or they are illegally broad*.

    Under this theory of law, the President could theoretically arrest and deport all the people he wants with no judicial intervention – just as long he does all the arrests by himself, and flies the planes by himself, etc. In reality, the fat man is always going to have underlings doing the stuff for him, and they do not have this immunity from civil injunctions.

    *This is one of the points raised in Alito’s dissent: the SC order applies to “the Government”, without saying whether the President is included or not.


  • mkwt@lemmy.worldtoNot The Onion@lemmy.worldThis is real
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    7 days ago

    Now the branches come too close to grinding irrevocably against one another in a conflict that promises to diminish both. This is a losing proposition all around. The Judiciary will lose much from the constant intimations of its illegitimacy, to which by dent of custom and detachment we can only sparingly reply. The Executive will lose much from a public perception of its lawlessness and all of its attendant contagions. The Executive may succeed for a time in weakening the courts, but over time history will script the tragic gap between what was and all that might have been, and law in time will sign its epitaph.

    • Judge Wilkinson. Circuit Judge. 4th Circuit Court of Appeals. Appointed by Ronald Reagan.










  • If they managed to get Bukele to make such a statement, and they got it into the district court record, I would guess that Xinis would back off and not press contempt.

    If I had to predict the supreme court on this pending appeal, I’m going with 7-2 to deny the stay, with Thomas and Alito dissenting.

    This case is moving so fast because the DOJ career lawyer basically conceded the government’s entire case at the hearing last week. The normal rule is that you can’t introduce evidence and arguments on appeal if you didn’t raise them at the district court. The government is now furiously trying to bypass that in these appeals.

    So I think some of the conservative justices will be upset with that, and they will also not want to concede power from the courts to the executive branch. They want that power for themselves.


  • This shit is going down today. There are three possibilities:

    1. Supreme Court grants a stay, ignoring the rule of law, and hastening the slide to authoritarianism.
    2. No stay, and the government hustles to get this man back to the US by midnight tonight. I’d guess it’s like 6-8 hours of flying just to get to El Salvador and back, so the clock is really ticking on this option.
    3. No stay, and the deadline expires. The government will clearly be in continuous and ongoing contempt of court.

    If they don’t get a stay and they make some kind of half hearted “bad man Bukele won’t cooperate” argument, I don’t think Xinis will buy that, and they’ll be back to #3.




  • mkwt@lemmy.worldtoComic Strips@lemmy.worldAdjustments
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    24 days ago

    Elohim derives from El, the chief god in the Canaanite pantheon, and the father of other gods (such as Baal and Yahweh). El also appeared in the religions of many neighboring societies in the near east.

    In Canaanite societies and in Hebrew, the name El became genericised, so the name could be used as a title for any god or for god powers in general.

    God is multitudinous and thus worthy of the title, but also one single god dont you dare worship any other

    In terms of the Hebrew Bible, it’s more like different parts were written by different people at different times, with various views on polytheism, henotheism, and monotheism. Elohim is grammatically plural, and in some places it is used as a plural to refer to multiple deities. In other places it agrees with singular forms, similar to “royal we”, or it becomes an abstract term for divinity as a concept.