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maxrandb

(15,358 posts)
Sat Aug 1, 2020, 07:33 PM Aug 2020

Can DU legal eagles explain something to me?

Just what is the rationale that John Yoo appears to be citing that the Supreme Court DACA ruling allows presidential rule by fiat?

I know he's an asspickle, but do you know WTF he's up to? What legal argument is being made here.

To me, it appears akin to when I'm playing Dungeons and Dragons and some special potion gives me super-duper powers.

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global1

(25,270 posts)
1. We Need Someone To Write A Legal Argument That Says....
Sat Aug 1, 2020, 07:48 PM
Aug 2020

as a president Trump is a criminal and must be removed from office. This is an interpretation of some obscure legal decision made years ago.

If Barr can get away with writing a letter saying its his interpretation that a president can't be indicted and now Yoo making this interpretation - why can't we have someone to do the same. Let Trump challenge it if he doesn't agree. If they can do this we should be able to get away with the same crap.

hlthe2b

(102,376 posts)
2. Legal Scholars, including Laurence Tribe call it bullshit, but this article is a start.
Sat Aug 1, 2020, 07:48 PM
Aug 2020
https://www.wwltv.com/article/news/nation-world/white-house-seeks-advice-of-torture-memos-author/507-582fdfeb-ca42-42f2-bd77-1a8d3f107a3f

Roberts, joined by the court’s four liberals justices, notably did not conclude one way or the other whether DACA is legal. But Yoo has made the case in several articles that the court, in its ruling, invalidated one of the main checks on presidential power: the ability of new presidents to immediately undo executive action enacted by their predecessors.

Critics called Yoo's ideas disingenuous and unconstitutional.

Victoria Nourse, a Georgetown University law professor, said, “Yoo’s track record should warn you that he is given to claims that are out of the mainstream."

Yoo is relying on a false premise: that the court upheld Obama’s creation of the DACA program in the first place, said Stephen Vladeck, a law professor at the University of Texas.

"To call it an embarrassing analysis is to dramatically understate just how nefarious it is,” Vladeck wrote in an email.

On Twitter, Harvard Law School professor Laurence Tribe wrote that Yoo’s take on the DACA decision “is a wildly irresponsible and, of course, unconstitutional ‘reading’ of" the decision."

Yoo told The Associated Press on Thursday that he has had multiple conversations with senior administration officials in which he has made the case that a June Supreme Court ruling that rejected Trump’s effort to end the Deferred Action for Childhood Arrivals program , or DACA, opened the door to enormous new presidential power.

“I said, ‘Why not just take the DACA opinion itself and do a search-replace. And every time it says ’DACA' ... replace it with ‘skills-based immigration system,’" Yoo said he told the White House. “This gives President Trump an alternative to create such a program, at least for a few years."

Not long after the conversations, Trump began promising a series of new executive orders on a range of issues.

“The decision by the Supreme Court on DACA allows me to do things on immigration, on health care, on other things that we’ve never done before," Trump said in an interview on Fox News Sunday, predicting "a very exciting two weeks." --snip--



maxrandb

(15,358 posts)
3. Thanks, I did some Google search of my own and found some info
Sat Aug 1, 2020, 07:59 PM
Aug 2020

I guess after all we've gone through, why not just make us a dictatorship?

Hey, I guess he doesn't need to enforce federal election law either.

I guess even Congress couldn't just cut off funding for EVERYTHING... he'd just print money.

Makes me wonder why Yoo hasn't been fired by UC yet.

Sure, let's just normalize this kind of ridiculous shit.

Can't wait for the media to turn the law into a "he said, she said" issue.

unblock

(52,328 posts)
4. Oversimplifying, but the basic argument is almost "any crime is legal until you get caught"
Sat Aug 1, 2020, 08:04 PM
Aug 2020

Ok maybe that's a slight exaggeration, but...

The basic argument is that Obama created DACA, and federal law says you can't just repeal this sort of program, there are some bureaucratic steps (I assume these are things like publishing proposed changes and giving people 90 days for comments and so on) that need to be taken before you do that. This tripped Donnie up because they tend to ignore the law.

So all yoo is saying is that Donnie could put programs in place by executive order and Biden be stuck with them until he followed the procedures that Donnie couldn't do.

But that shouldn't be too much of a challenge for a legitimate presidency. It's really only a challenge for a bunch of crooks.

Gothmog

(145,567 posts)
5. This makes no sense to me
Sun Aug 2, 2020, 11:11 AM
Aug 2020

I still believe that John Yoo should have been disbarred for the torture memo

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