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hlthe2b

(102,328 posts)
Fri Jul 5, 2019, 06:07 PM Jul 2019

**Latest on Census fight**: Maryland judge orders discovery to proceed on discriminatory intent

Katyal:

Federal judge not buying Trump Admin shenanigans on census. Discovery into discriminatory intent will now take place. It's almost unheard of for the federal govt to get slapped down this fast, this decisively. But it's entirely deserved when Admin treats our judiciary this way





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**Latest on Census fight**: Maryland judge orders discovery to proceed on discriminatory intent (Original Post) hlthe2b Jul 2019 OP
Will they have access to the hard drives and laptops? Caliman73 Jul 2019 #1
the court sure will... presumably it would become public at some point. hlthe2b Jul 2019 #5
Not in the near future...months..yr or 2 to work through the courts AncientGeezer Jul 2019 #7
the fact this decision was immediately handed down today says the courts are expediting. hlthe2b Jul 2019 #11
President Obama got slammed for an illegal EO....9-0 re: recess apointments AncientGeezer Jul 2019 #17
This case has already been once to SCOTUS and remanded. It will be expedited as already shown hlthe2b Jul 2019 #18
You're wrong about the "time"....and remanded...back to a lesser Court AncientGeezer Jul 2019 #22
You know what.. I countered with facts. You counter with mere opnion based on impression hlthe2b Jul 2019 #24
My thoughts exactly... greblach Jul 2019 #26
forgive my ignorance...... Takket Jul 2019 #2
All the dirty laundry surrounding the way in which the decision was made.. Yes, Ross's memos and hlthe2b Jul 2019 #4
Katyal comments on theoreticals of enforcing court orders with continued Executive Branch hlthe2b Jul 2019 #3
This should be the number one story everywhere malaise Jul 2019 #6
A lot of the damage has already been done. watoos Jul 2019 #8
Can drumpf just go "nope, executive privledge" Takket Jul 2019 #9
EO doesn't apply here as the census is an article 1 function (Congress), so the courts would hlthe2b Jul 2019 #10
not executive order, executive privilege Takket Jul 2019 #14
Misread your initial post, sorry. The political operatives' hard drive are not his to turn over so hlthe2b Jul 2019 #15
This is a major defeat for the DOJ Gothmog Jul 2019 #12
Law & Crime was unimpressed... RainCaster Jul 2019 #13
The judge apparently was as well. They are not going to have an easy time of it. hlthe2b Jul 2019 #16
I'm glad that one branch of our government is standing up to DFT RainCaster Jul 2019 #19
I think Judge Hazel has had it with the government's hapless lawyers NastyRiffraff Jul 2019 #20
I have zero sympathy for anyone willing to work for or defend Donald Fucking Trump Skittles Jul 2019 #23
Does anyone know if Rachel will be on tonight? NastyRiffraff Jul 2019 #21
Kicked and recommended. nt littlemissmartypants Jul 2019 #25

Caliman73

(11,742 posts)
1. Will they have access to the hard drives and laptops?
Fri Jul 5, 2019, 06:12 PM
Jul 2019

From the dead guy whose daughter found them and where all the shenanigans were said to be directed? I hope so cause that seemed pretty compelling as to why Trump and his cronies were doing this.

hlthe2b

(102,328 posts)
11. the fact this decision was immediately handed down today says the courts are expediting.
Fri Jul 5, 2019, 07:02 PM
Jul 2019

so, no. There is no way this is going to take 2 years to resolve. And if Trump dares an illegal Executive Order approach it will get expedited even faster. The constitutional requirements for a ten-year census to be complete only adds the fast-tracking.

Trump has only himself to blame. DOJ attorneys recognized the risk for discovery when they initially withdrew from the case and stated that the citizenship question would not be on the census.

If they were smart, they would convince Trump to pack it in and this material would be unlikely to see the light of day.

 

AncientGeezer

(2,146 posts)
17. President Obama got slammed for an illegal EO....9-0 re: recess apointments
Fri Jul 5, 2019, 07:44 PM
Jul 2019

that took 2 yrs....
DACA is Still out there...5yrs later

hlthe2b

(102,328 posts)
18. This case has already been once to SCOTUS and remanded. It will be expedited as already shown
Fri Jul 5, 2019, 07:52 PM
Jul 2019

to be. None of the elements of Obama's case meet the time-sensitive nature of this one.

The only similarity is both cases (potentially) could involve an executive order. The fact is this is on fast track before Trump even tries such a stunt. And given the ultimate powers governing the census are specifically an Article I function in the Constitution, Trump's possible EO will not fly.

And, the final reason why your comparison has no relevance to the current issue at hand, is the ticking clock on the census.

 

AncientGeezer

(2,146 posts)
22. You're wrong about the "time"....and remanded...back to a lesser Court
Fri Jul 5, 2019, 08:12 PM
Jul 2019

If you think..for 1 minute.. Dumpster isn't trying a work around....that's a bold/but not smart idea.

hlthe2b

(102,328 posts)
24. You know what.. I countered with facts. You counter with mere opnion based on impression
Fri Jul 5, 2019, 08:38 PM
Jul 2019

Of course, Trump is going to try his bag of tricks. That isn't at issue. The court has already shown its intent to expedite. That has already been demonstrated. And again, you present no counter to why the Obama case and this case are not so significantly different on all the important elements including time sensitivity.

Takket

(21,607 posts)
2. forgive my ignorance......
Fri Jul 5, 2019, 06:12 PM
Jul 2019

but what kind of information do we have access too in discovery and is there any way for the government to avoid it (such as dropping the case?)

i'm just curious if things like Wilber Ross's memos and emails will become public through this, since we already know what the scumfuck is trying to do I would love to see it made public.

hlthe2b

(102,328 posts)
4. All the dirty laundry surrounding the way in which the decision was made.. Yes, Ross's memos and
Fri Jul 5, 2019, 06:16 PM
Jul 2019

the tapes/files of the now-dead Republican gerrymandering proponent/operative.

Presumably the fact that this information would/could come out is why the DOJ attorneys were dropping the case to begin with, following the SCOTUS decision. This is the backfire resulting from Trump's tweets.

 

watoos

(7,142 posts)
8. A lot of the damage has already been done.
Fri Jul 5, 2019, 06:43 PM
Jul 2019

A lot of people aren't going to respond to the census even with the citizenship question being left off.

hlthe2b

(102,328 posts)
10. EO doesn't apply here as the census is an article 1 function (Congress), so the courts would
Fri Jul 5, 2019, 06:50 PM
Jul 2019

overrule. See Laurence Tribe's comments on this:





Also See Neal Katyals comments on enforcing in (my post #3).

Takket

(21,607 posts)
14. not executive order, executive privilege
Fri Jul 5, 2019, 07:30 PM
Jul 2019

can drumpf just claim executive privilege to refuse to turn anything over for discovery?

hlthe2b

(102,328 posts)
15. Misread your initial post, sorry. The political operatives' hard drive are not his to turn over so
Fri Jul 5, 2019, 07:32 PM
Jul 2019

no. And his overreach on executive privilege has already been demonstrated, but it will not legally hold re: Dept. of Commerce documents. He can try. Just as he could try an EO. Neither will ultimately fly.

RainCaster

(10,908 posts)
19. I'm glad that one branch of our government is standing up to DFT
Fri Jul 5, 2019, 07:59 PM
Jul 2019

It's certainly not the Legislative branch...

NastyRiffraff

(12,448 posts)
20. I think Judge Hazel has had it with the government's hapless lawyers
Fri Jul 5, 2019, 08:00 PM
Jul 2019

I could almost feel sorry for them; they obviously are trying to do the best they can, but they know their position is untenable.

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