Legal/scotus thread

So was Biden brain dead not knowing where he is or was he a mastermind forcing Trump's own appointed FBI director to go after Republicans? I have been highly critical of the FBI where they deserved it. Like giving the memo about reopening the Clinton investigation to someone they knew would immediately leak it to the media to help Trump. I advocated for the firing of Chris Wray at all times. I was very critical of Comey before Trump even ran for office. I was also critical of Comey for inserting his feelings into the charging decision of Hillary which is against FBI policy.

Since you aren't bootlicker of the FBI you support these 3 men arrested since stealing government documents isn't a big deal right?
 
Crazy how that works

Accuse me of bootlicking the FBI run by Trump's hand picked guy but now it's different because now the FBI is run by..... Trump's hand picked guy. Why you people get so mad at me for what Trump's own appointe does is beyond me. Maybe you can point to all the exonerated people the FBI prosecuted. Can I get a full accounting of all those people. I will wait, I am sure it's a big list

Edit - I do want to give medals to the FBI agents who stopped Democrats from stealing the Florida election. Why does no one except me want more details about this?

Also since Republicans claim there is clear evidence Joe Biden committed a crime in regards to Hunter/Ukraine I demand Kash Patel stop protecting Joe Biden and arrest and prosecuted him to the fullest extent of the law.
 
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A lot of people seem to have their heads in the sand on this ruling, including liberals. This isn’t a blank check to do whatever the Trump admin wants to do with any random non-citizen they decide is a violent gang member without any due process.

I suppose the devil is in the details, but assuming “reasonable notice” to contest the government’s claim cannot be manipulated to be impossible/near impossible, I think this is a reasonable ruling.
 
https://jeffjacoby.com/28486/no-tariffs-without-representation

But what about his predecessors? How often did they use the IEEPA to raise and lower tariffs?

Not once.

In the nearly half-century since President Jimmy Carter signed that statute, no president ever invoked it to impose tariffs — not against any country and not for any reason. That wasn’t because seven consecutive presidents failed to make use of a powerful tool granted to them by Congress. It was because no such tool exists.

Trump’s assertions notwithstanding, the International Emergency Economic Powers Act does not authorize presidents to singlehandedly change the tariffs charged on foreign imports. Indeed, nowhere in the 3,700-word statute does the word “tariff” appear. Neither does “duty,” “excise,” “impost,” “levy,” or any other synonym for the taxes charged by governments on imports from other countries. The IEEPA has nothing to do with tariffs. It doesn’t even appear in the section of the United States Code — Title 19 — that deals with trade. Rather, it is codified in Title 50, which covers “War and National Defense.”

Congress passed the law in 1977 to enable presidents to deal quickly with a national emergency during peacetime by ordering sanctions against, or freezing the assets of, a hostile foreign power or terrorist organization. The legislative text refers to an “emergency” that gives rise to “an unusual and extraordinary threat” — in fact, lawmakers specified that “emergencies are by their nature rare and brief, and are not to be equated with normal, ongoing problems.” That clearly excludes the supposed emergency identified by the Trump administration to justify its punitive “Liberation Day” tariffs, namely the trade deficits the United States runs with many trading partners. Those deficits have persisted for decades. They are not “unusual and extraordinary.” They are also, nearly all mainstream economists would agree, not a threat.
 


The National Police Association is asking the DoJ to investigate the AG of New Mexico for civil rights violations for prosecuting two cops who shot and killed a suspect who had attempted to prevent them from using their taser on them by grabbing it. The crazy part is they were both convicted. The NPA claims that the prosecutions were politically motivated and to further the AG's career. Which is one of the most absurd statements ever made. People using the AG and DA positions to advance their career is almost literally every single one of them since the dawn of time. I think every Texas AG has gone on to be Governor for the last 40 years or so.
 
A big medical marijuana case in NM just ended. They tried to get insurers to pay for cannabis prescribed medicine since they are required by state law to cover the cost of medicine. When people ask me why I hate the government I will tell them the following story. A judge ruled that a medicine used by over half the country does not qualify as medicine because the federal government whichs has its own medical marijuana program says its not a medicine.
 
I would think this is a bit of a skewed metric actually. I don’t recall any of the other current t justices joining a court so ideologically slanted ‘against’ them. If you assume ideologically similar justices will ask similar questions, having fewer voices to ask those questions would lead to this without Jackson doing anything noteworthy, no?
I mean KBJ is an idiot... idiots tend to fill the void with more words

But the next highest 3 are also women
 


Trump EO seeks to force private law firms to do pro bono work for corrupt cops. Even says he could use the 940 million he extorted from law firms in free services. I must be reading the wrong constitution if thats constitutional. And how exactly is extortion of law firms that he feels wronged him a part of the Presidents official duties that would give him immunity? If thats an official part of his job then I have to ask what isnt? Hell you could even say he could rape anyone and well thats just a part of the job. The President has to get his rocks off every morning in order to do his job.
 


So the DoJ has a list of 5000 names of agents who worked on investigations of the felon. The DoJ claims they just want to do a review but cant describe the process. They cant point to one person who was wrongfully convicted or maliciously prosecuted. I think we all know the process.
 


Just a stunning display of corruption a new federal attorney appointed by Trump agrees to a sweetheart plea deal with a cop who violently attacked an innocent woman DURING SENTENCING prompting prosecutors to resign in protest.



But wait theres more, Trumps DoJ is trying to get the source of the Biden/Ukraine hoax out of his conviction. Actually asked a Judge to release him on bail pending DoJ review. Gee I wonder if thats an honest review and not a review where the outcome was conceived before the review even started.



And to top it off Trumps DoJ gave 30 million to terrorist Ashley Babbits family when they had no chance to win or even make it to trial.
 


Just a stunning display of corruption a new federal attorney appointed by Trump agrees to a sweetheart plea deal with a cop who violently attacked an innocent woman DURING SENTENCING prompting prosecutors to resign in protest.



But wait theres more, Trumps DoJ is trying to get the source of the Biden/Ukraine hoax out of his conviction. Actually asked a Judge to release him on bail pending DoJ review. Gee I wonder if thats an honest review and not a review where the outcome was conceived before the review even started.



And to top it off Trumps DoJ gave 30 million to terrorist Ashley Babbits family when they had no chance to win or even make it to trial.
You may wanna get better sources, like did you even skim this?

No where in this article does it say he violently attacked an innocent woman during sentencing. It says he came to the scene of a robbery and a woman matching the suspects description touched him and interfered with his duty while videoing him, so he subdued her.

It does not say anything connecting Biden / Ukraine either
 
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Several federal prosecutors — including the chief of the Public Corruption and Civil Rights Section — have submitted their resignations following a plea deal offered by the new U.S. attorney in Los Angeles to a sheriff’s deputy who had already been found guilty of using excessive force.

Two sources confirmed to The Times that Assistant U.S. Attys Eli A. Alcaraz, Brian R. Faerstein and section chief Cassie Palmer resigned from the office over a “post-trial” plea agreement filed Thursday in the case of Trevor Kirk, an L.A. County sheriff’s deputy who was convicted of a felony for assaulting and pepper-spraying a woman outside a Lancaster supermarket.

Reached Saturday afternoon, Faerstein said he had no comment. None of the other prosecutors said to have resigned responded to inquiries. The sources who confirmed the resignations requested anonymity because they feared retaliation. A spokesperson for the U.S. attorney’s office declined to comment

Kirk, who has been “relieved of duty” by the Sheriff’s Department, was found guilty in February of one felony count of deprivation of rights under color of law and faced up to 10 years in prison. Under the plea deal filed Thursday, which still requires approval from a judge, he would serve a maximum of one year in prison. The government agreed to recommend a year of probation.
Feb. 6, 2025
In June 2023, Kirk was responding to a reported robbery when he threw a woman to the ground and pepper-sprayed her in the face while she filmed him outside a Lancaster WinCo. Although the woman matched the description of a female suspect Kirk had received from a dispatcher, she was not armed or committing a crime at the time he first confronted her, court records show.

Under the new agreement, Kirk would plead guilty to a lesser-included misdemeanor violation of deprivation of rights under color of law.

If the plea is approved by the judge, according to the agreement, the U.S. attorney’s office would “move to strike” the jury’s finding that Kirk injured the victim.

Alcaraz, Palmer, Faerstein and another prosecutor, Michael J. Morse, all withdrew from the case on Friday, according to court filings. The only assistant U.S. attorney who signed off on the plea agreement, Robert J. Keenan, was not previously involved in the case.

Bill Essayli, appointed U.S. attorney for Los Angeles last month by President Trump, is also listed on the agreement.


April 2, 2025
Kirk’s attorney, Tom Yu, declined to comment Friday evening. Previously, he described Kirk as a “hero, not a criminal” and said video showed he acted within the law to “detain a combative robbery suspect.”

Essayli’s move to offer a misdemeanor plea to a defendant who had already been convicted was extremely unorthodox, according to Carley Palmer, a former supervisor in the federal prosecutor’s office in Los Angeles who is now a partner at Halpern May Ybarra Gelberg.

“It’s not unprecedented, but it is extraordinary, to try to have a jury verdict withdrawn and replaced by a plea agreement to a lesser crime. The government invests extraordinary resources to take a case like that to trial,” she said. “You have the agency’s investigation, you have all the man or woman hours ... then you have a jury that says you got it right beyond a reasonable doubt.”

To justify seeking a post-conviction plea deal, prosecutors would need to have found evidence that the defendant was innocent or that there was some serious misconduct on the part of the trial team, according to Palmer.

Last month, U.S. District Judge Stephen V. Wilson denied a motion from Yu for an acquittal. Wilson ruled footage of the incident was sufficient evidence for a jury to find Kirk had used “objectively unreasonable force.”

“J.H. did not have a weapon, did not attack Defendant, was not attempting to flee, and was not actively committing a crime,” Wilson wrote, identifying the woman involved by initials.

The judge also noted in his ruling that while Kirk acted aggressively toward the woman from the outset, his partner managed to lead the arrest of the other robbery suspect without using force.

There are noticeable differences in the way the new plea agreement describes what Kirk did, as compared with a press release issued by the U.S. attorney’s office in February when the jury returned a guilty verdict.

The agreement makes references to the woman having “resisted” Kirk’s attempt to detain her and describes her as “swatting” at the deputy’s arm.

In his ruling last month, Wilson determined this could have been seen as the victim reacting reflexively to Kirk’s actions, and noted it’s unclear if she even hits Kirk.

The plea agreement also makes no reference to the woman’s injuries, while the February release says she “was treated for blunt-force head trauma and injuries to her head, arms, and wrist.”

Attorney Caree Harper, who is representing the woman in a civil suit that reached a settlement earlier this year, said the new plea deal is “changing the facts” and is not supported by video footage of the incident.


April 1, 2025
“They’re taking creative liberty with the facts and deciding to give a jury of Trevor Kirk’s peers the middle finger and it should not be tolerated,” she told The Times. If Wilson approves the agreement, Harper said, she expects civil rights groups will launch protests and urge state or county prosecutors to take up the case.

Harper noted that downgrading Kirk’s charge from a felony could allow him to continue working as a law enforcement officer. He will also retain his right to own a firearm without a felony conviction.

“He definitely should not be able to wear a badge again, anywhere in any state,” she said.

According to Robert Bonner, a former federal judge who now chairs the county’s Civilian Oversight Commission, a post-conviction plea deal is an extreme rarity. Allowing pleas after trial, Bonner said, could undermine prosecutors’ ability to negotiate in the future.

“If you did this routinely, you could never get a plea bargain,” he said.

Even though federal prosecutors and the defense have both agreed to the deal, Bonner said, the judge doesn’t have to adhere to it.

“He could reject the whole plea deal, or he can accept the plea deal and say I’m not going to give one year probation, I’m going to give six months in custody or some other period of time up to one year in prison,” he said.

Wilson last month refused to delay Kirk’s May 19 sentencing hearing, after prosecutors told him Essayli wanted more time to review the case.

Support for Kirk began gaining steam on social media after his indictment last September. In January, Nick Wilson, founder of a first responder advocacy group and spokesperson for the Los Angeles Sheriff’s Professional Assn., wrote a letter to Trump urging him to intervene before the case went to trial. Former Sheriff Alex Villanueva, who has become increasingly popular in right-wing circles online, has also championed Kirk’s case, posting Instagram video of himself and Wilson consoling the deputy at the courthouse after trial.

Wilson, the Sheriff’s Professional Assn. spokesperson, on Friday said he was “encouraged by the recent development in Deputy Trevor Kirk’s case and will continue to monitor the upcoming sentencing closely.”

“While this case should never have been prosecuted in the first place, we are deeply grateful the Department of Justice took a second, impartial look at the facts and merits,” he said in an email. “This action sends a powerful message — not just in Trevor’s case, but to law enforcement officers across the state and nation who too often feel abandoned or politically targeted in today’s climate.”

A spokesperson for the L.A. County Sheriff’s Department did not immediately comment on the developments in Kirk’s case.

The wave of resignations comes amid other recent controversy in the federal prosecutor’s office. In March, a White House official fired Adam Schleifer as an assistant U.S. attorney, in a one-line email informing him that the dismissal was “on behalf of President Donald J. Trump.”


May 3, 2025
Schleifer recently challenged his firing, calling it “unlawful” and alleging it was motivated in part by his prosecution of Andrew Wiederhorn, the former chairman and chief executive of Fat Brands, which owns the Fatburger and Johnny Rockets restaurant chains. Schleifer had also posted negative comments about Trump during a period when he had left his job as prosecutor to run for office as a Democrat.

According to Meghann Cuniff, an independent legal affairs reporter, the Department of Justice is reviewing a separate case involving Alexander Smirnov, a former FBI informant who pleaded guilty to lying about a phony bribery scheme involving President Biden and his son Hunter. A federal judge sentenced Smirnov to six years in prison.

The turmoil in the L.A. federal prosecutor’s office follows mass resignations in the U.S. attorney’s office in Manhattan earlier this year, when several prosecutors stepped down after Trump administration appointees pushed to drop corruption charges against New York City Mayor Eric Adams.
 
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