Welcome to DU!
The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards.
Join the community:
Create a free account
Support DU (and get rid of ads!):
Become a Star Member
Latest Breaking News
General Discussion
The DU Lounge
All Forums
Issue Forums
Culture Forums
Alliance Forums
Region Forums
Support Forums
Help & Search
General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsTrump going after Rod is his Plan B. Today's actions tell me Trump has bailed on Kavanaugh.
Plan A - seat Kavanaugh immediately. When Gamble v. US show up in October, know that you've got a 5-4 advantage. Without Kavanaugh quickly, this'll be 4-4 and the appellate decision will stand. Trump needs the appellate decision overturned and that can only happen with 9. Gamble is a case about allowing state level prosecutions of crimes found to be "not guilty" at the federal level. Recall, that's an issue in NY because of the NY laws...this case would make it the law of the land that states CAN NOT prosecute following a federal prosecution. This negates some, if not all, of Mueller's strategy to distribute indictment supporting information to the states and strengthens Trumps pardon powers, particular vis-a-vis family.
Plan B - shut down the investigation. If he can't constrain it to a pardonable venue, then he's got to kill it and putting Rod on the street is the only way to start that process. Granted, there's still SDNY and EDVA exposure but that's manageable once he's got his arms around Mueller via a new Deputy AG.
The only question here is fire vs. resign. Fire eliminates the Vacancies Act and Trump is stuck with the Solicitor General - a life long Justice guy who likes expansive presidential powers but probably isn't a fan of obstruction. Resign let's Trump put anyone he wants in the position from the congressional confirmation level. I assume it would have to be an attorney but I'm sure he's got enough of them around that he can find one who would say "yes boss" to anything.
That's why I think he's bailed. Now, he might hang on to him for a while but he's not sure enough in confirmation today to leave his family's future in his hands.
IMHO.
InfoView thread info, including edit history
TrashPut this thread in your Trash Can (My DU » Trash Can)
BookmarkAdd this thread to your Bookmarks (My DU » Bookmarks)
8 replies, 1086 views
ShareGet links to this post and/or share on social media
AlertAlert this post for a rule violation
PowersThere are no powers you can use on this post
EditCannot edit other people's posts
ReplyReply to this post
EditCannot edit other people's posts
Rec (4)
ReplyReply to this post
8 replies
= new reply since forum marked as read
Highlight:
NoneDon't highlight anything
5 newestHighlight 5 most recent replies
Trump going after Rod is his Plan B. Today's actions tell me Trump has bailed on Kavanaugh. (Original Post)
CincyDem
Sep 2018
OP
C_U_L8R
(45,020 posts)1. Trump is criminally stupid
and stupid fucking crook.
He's gonna burn it all down.
MoonRiver
(36,926 posts)2. I'm not sure Roberts would vote that way.
Idiot is stupid.
CincyDem
(6,385 posts)5. Yeah - I agree. It's possible that this could go 5-3 w/o Kavanaugh...
...but if you're Trump, sure feels like you want Kavanaugh in the conference room arguing with Roberts to "make the case".
What this really comes down to is having an advocate in the conference...and between Gorsuch and Kavanaugh, maybe they persuade Roberts.
But you're right - no such thing as a sure thing among the big 9.
dhol82
(9,353 posts)3. Did not know about Gamble v. US
That makes it even more important to never seat Kavanaugh.
Yikes!
LastLiberal in PalmSprings
(12,591 posts)6. Here's a summary of Gamble v. US
https://www.theusconstitution.org/litigation/gamble-v-united-states/
In Gamble v. United States, the Supreme Court is considering whether the Double Jeopardy Clause of the Fifth Amendment, which prohibits any person from being prosecuted for the same offense more than once, bars a federal prosecution for a criminal offense when the defendant has already been prosecuted for the same offense in state court.
* * *
Case Summary:
In 2015, a police officer in Mobile, Alabama pulled Terance Martez Gamble over for a broken tail light on his car. During the stop, the officer discovered both a gun and marijuana paraphernalia in Gambles car. Gamble, who had been convicted of second-degree felony robbery seven years earlier, was barred from owning a firearm. The state of Alabama prosecuted Gamble for illegal possession of a firearm, and he served one year in prison. Subsequently, the federal government also charged Gamble with illegal possession of a firearm in relation to the same 2015 incident.
Gamble asked the U.S. District Court to dismiss his federal indictment on the ground that it violated his Fifth Amendment protection from Double Jeopardy. The District Court ruled that the dual-sovereignty exception to the Double Jeopardy Clause, which permits a second prosecution for the same offense by a different sovereign, permitted the federal case to proceed. Gamble appealed to the U.S. Court of Appeals for the Eleventh Circuit, and that court affirmed the lower courts decision. Gamble, who is now serving time in federal prison, asked the Supreme Court to reconsider its past decisions allowing successive prosecutions for the same offense by different sovereigns (i.e., the dual-sovereignty doctrine). CAC, along with the Cato Institute, filed a friend-of-the-court brief in support of Gamble, urging the Supreme Court to grant review, and the Court agreed to hear Gambles case.
==========================
So this is another reason for Donnie Two Scoops to want Kavanaugh on the SCOTUS. The first we're familiar with: Kavanaugh has stated you can't even investigate a sitting president. If Gamble is reversed, the law of the land becomes this: If you are found guilty (or plead guilty) in Federal court the state can't try you for the same crime. In a Federal case, there'd be nothing blocking the prez from using his pardon power to clear the board. That would protect IQ45's family and Manafort, who would no longer have any motive to cooperate.
If we win the Senate, the seat should remain open until 2020 under the McConnell Rule. (Unless Merrick Garland is appointed, of course.)
In Gamble v. United States, the Supreme Court is considering whether the Double Jeopardy Clause of the Fifth Amendment, which prohibits any person from being prosecuted for the same offense more than once, bars a federal prosecution for a criminal offense when the defendant has already been prosecuted for the same offense in state court.
* * *
Case Summary:
In 2015, a police officer in Mobile, Alabama pulled Terance Martez Gamble over for a broken tail light on his car. During the stop, the officer discovered both a gun and marijuana paraphernalia in Gambles car. Gamble, who had been convicted of second-degree felony robbery seven years earlier, was barred from owning a firearm. The state of Alabama prosecuted Gamble for illegal possession of a firearm, and he served one year in prison. Subsequently, the federal government also charged Gamble with illegal possession of a firearm in relation to the same 2015 incident.
Gamble asked the U.S. District Court to dismiss his federal indictment on the ground that it violated his Fifth Amendment protection from Double Jeopardy. The District Court ruled that the dual-sovereignty exception to the Double Jeopardy Clause, which permits a second prosecution for the same offense by a different sovereign, permitted the federal case to proceed. Gamble appealed to the U.S. Court of Appeals for the Eleventh Circuit, and that court affirmed the lower courts decision. Gamble, who is now serving time in federal prison, asked the Supreme Court to reconsider its past decisions allowing successive prosecutions for the same offense by different sovereigns (i.e., the dual-sovereignty doctrine). CAC, along with the Cato Institute, filed a friend-of-the-court brief in support of Gamble, urging the Supreme Court to grant review, and the Court agreed to hear Gambles case.
==========================
So this is another reason for Donnie Two Scoops to want Kavanaugh on the SCOTUS. The first we're familiar with: Kavanaugh has stated you can't even investigate a sitting president. If Gamble is reversed, the law of the land becomes this: If you are found guilty (or plead guilty) in Federal court the state can't try you for the same crime. In a Federal case, there'd be nothing blocking the prez from using his pardon power to clear the board. That would protect IQ45's family and Manafort, who would no longer have any motive to cooperate.
If we win the Senate, the seat should remain open until 2020 under the McConnell Rule. (Unless Merrick Garland is appointed, of course.)
PoorMonger
(844 posts)4. One thing we don't know.
It could be that Mueller has more indictments ready to drop in the possible firing of DAG will trigger him to show more of his cards before Trump can make the next move.
smirkymonkey
(63,221 posts)7. K&R
libdem4life
(13,877 posts)8. Let's see if DJT keeps up his record of..."Well, he denies it." LOL
And we all thought he was biased against women...come to find out it's anyone, of either sex, who disagrees with him. (especially, perhaps, those who tell the truth?????) (Edit...BTW, how are the meetings with all those heads of state you're trying to kick to your America First Curb?)