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Trump's tweet saying WAPO should fire reporter Dave Weigel -against the law-up to 15 years in prison (Original Post) kpete Dec 2017 OP
So Who's Gonna Arrest Trump?....nt global1 Dec 2017 #1
Well, Sessions won't. TNNurse Dec 2017 #13
Bingo dalton99a Dec 2017 #23
Same question I want an answer to. truestwords Dec 2017 #34
If Weigel presents himself to law enforcement and complains about the above, Jarqui Dec 2017 #2
No, law enforcement does not have to charge someone just because of a complaint onenote Dec 2017 #22
I would agree if purely decided on the basis of whether a complaint was Jarqui Dec 2017 #31
Actually we have a clear cut non-violation of the law onenote Dec 2017 #32
Evidence of abuse of power. Seem clear to me. The Wielding Truth Dec 2017 #3
Not seeing a violation of law, unfortunately. rzemanfl Dec 2017 #4
Right after that it says...."or influences" KY_EnviroGuy Dec 2017 #10
Administration claims the tweets are official statements of the president. L. Coyote Dec 2017 #11
IMHO the scenario would have to be like this- rzemanfl Dec 2017 #15
Bingo. paleotn Dec 2017 #18
The "solely because of partisan political affiliation" thing is another issue. rzemanfl Dec 2017 #24
I hope Trump is arrested, but I don't think it will happen..maybe?..k and r. Stuart G Dec 2017 #5
King Donald Scarsdale Dec 2017 #6
Oops, there goes his base. nocalflea Dec 2017 #7
The Mueller Investigation Is in Mortal Danger Peaceful Protester Dec 2017 #8
Oh goody, we got him! mountain grammy Dec 2017 #9
The WH will say Trumps lawyer wrote it SummerSnow Dec 2017 #12
Lock. Him. Up. (nt) B Stieg Dec 2017 #14
his defense will be NewJeffCT Dec 2017 #16
Trump is an embarassment to humanity. The backlash is gaining momentum. L. Coyote Dec 2017 #17
Unfortunately....no. paleotn Dec 2017 #19
I'm sure his lawyer will say he wrote it lol Takket Dec 2017 #20
Nope. Not "solely on basis of partisan political affiliation" and no "official act" element. onenote Dec 2017 #21
Presidents dont demand personal apologies from individual reporters DesertRat Dec 2017 #25
We mights as well not even report it. DangerousUrNot Dec 2017 #26
Wouldn't be a proper week without at least one violation by Trump and Co. n2doc Dec 2017 #27
People should actually read and comprehend laws before declaring they were broken Lee-Lee Dec 2017 #28
+1 and thank you. onenote Dec 2017 #29
Lock him up!! Motley13 Dec 2017 #30
Laws are for the little people, silly. Wednesdays Dec 2017 #33

Jarqui

(10,126 posts)
2. If Weigel presents himself to law enforcement and complains about the above,
Sun Dec 10, 2017, 08:22 AM
Dec 2017

I think law enforcement has to charge him and let the legal system handle it from there.

I doubt he will but hope he does.

Jarqui

(10,126 posts)
31. I would agree if purely decided on the basis of whether a complaint was
Sun Dec 10, 2017, 03:25 PM
Dec 2017

filed only or not.

But if that complaint has merit and evidence, they have sworn to uphold the law. I think they flirt with dereliction of duty or negligence with something like "Yeah, the guy murdered your friend but we're not in the mood to charge him. Try us again next week when we're not so hungover." I don't think that's going to fly.

If there are grounds for arriving that their decision not to act like a lack of sufficient evidence, then of course, they cannot proceed. There are times when that might be debatable.

But here, we have a fairly clear cut violation of the law. It's much harder for them to turn their back on it. So they can do their duty and lay the charge and let a judge figure it out.

onenote

(42,704 posts)
32. Actually we have a clear cut non-violation of the law
Sun Dec 10, 2017, 03:42 PM
Dec 2017

The law requires that the covered government official interfere or attempt to interfere with a private employment decision "solely on the basis of partisan political affiliation" by taking/withholding or threatening to take/withhold an "official act." Trump's statement was not "solely" on the basis of partisan political affiliation (indeed, it doesn't appear to even be partially based on the reporter's partisan political affiliation) and the demand he be fired wasn't expressly or even implicitly tied to a threat to take or withhold an "official act" impacting the Post.

Back in 2007, then Senator Obama publicly urged the firing of DJ Dom Imus. Some folks suggested that he had violated the law by doing so. They were wrong. And those suggesting Trump's tweet violates the law are just as wrong.

KY_EnviroGuy

(14,492 posts)
10. Right after that it says...."or influences"
Sun Dec 10, 2017, 09:31 AM
Dec 2017

There's no question he has influence with his tweets. When he issues a hateful bombast, the right-wing troupes go into action and make thousands of phone calls (many threatening), send emails, etc. Just as with a boycott, it can have influence.

He's made hurried comments about crime cases before that could influence potential jurors, law enforcement officials or prosecutors, so that question will be interesting to observe in court.


rzemanfl

(29,565 posts)
15. IMHO the scenario would have to be like this-
Sun Dec 10, 2017, 09:48 AM
Dec 2017

"If you don't hire/fire that Republican/Democrat you won't (get the government contract) (the permit you need) or will (be audited by the IRS) (cited for an OSHSA violation) or whatever."

paleotn

(17,920 posts)
18. Bingo.
Sun Dec 10, 2017, 10:15 AM
Dec 2017

that's how I read it. If shit gibbon threatened to damage Wapo in some way if they didn't fire the reporter, that would be a violation. Simply saying they should really isn't. Any kind of implied threat would be very hard to prove, in my opinion.

rzemanfl

(29,565 posts)
24. The "solely because of partisan political affiliation" thing is another issue.
Sun Dec 10, 2017, 10:28 AM
Dec 2017

If the reporter is a registered Republican or an Independent, what then? In addition the stated reason for the threat is something he said on line. I think this is a "there ought to be a law" feel good, means nothing, provision.

Scarsdale

(9,426 posts)
6. King Donald
Sun Dec 10, 2017, 08:42 AM
Dec 2017

lord and master of the gop can do no wrong. He has broken many laws, and the gop sees nothing wrong, since he has (R) behind his name. Wait until we get a SANE democratic president, and watch them enforce every law in the book, plus new ones they will make up.

Peaceful Protester

(280 posts)
8. The Mueller Investigation Is in Mortal Danger
Sun Dec 10, 2017, 08:51 AM
Dec 2017

"When Mueller was appointed, legal scholars debated whether Trump had the technical authority to fire him, but even the majority who believed he did assumed such a power existed only in theory".

"In August, members of both parties began drawing up legislation to prevent Trump from sacking Mueller".

"In fact, the risk has swelled. Trump has publicly declared any investigation into his finances would constitute a red line, and that he reserves the option to fire Mueller if he investigates them".

"Earlier this month, it was reported that Mueller has subpoenaed records at Deutsche Bank, an institution favored both by Trump and the Russian spy network".

"It is almost a maxim of the Trump era that the bounds of the unthinkable continuously shrink. The capitulation to Moore was a dry run for the coming assault on the rule of law".

Read More:

http://nymag.com/daily/intelligencer/2017/12/the-mueller-investigation-is-in-mortal-danger.html
.

mountain grammy

(26,622 posts)
9. Oh goody, we got him!
Sun Dec 10, 2017, 08:58 AM
Dec 2017

Not that I'm making light of this because we're on the path to something worse, but until our press takes a harder line, few know or care. Just another outrage, move on. I expect the justice department to start going after journalists, even up to arrests, and the others will report.... You decide. Isn't that the motto since the invention of fox?

paleotn

(17,920 posts)
19. Unfortunately....no.
Sun Dec 10, 2017, 10:19 AM
Dec 2017

If 45 explicitly threatened to damage or harass Wapo in some way if they didn't fire the reporter, that would be a violation. Simply saying that they should could be argued as an implied threat, depending on the wording, but would be very hard to prove.

Takket

(21,573 posts)
20. I'm sure his lawyer will say he wrote it lol
Sun Dec 10, 2017, 10:20 AM
Dec 2017

Or that the president can say that because he is the "chief law enforcement officer" or maybe be honest and just say "congress ain't gonna do shit so you can suck ALL our dicks".... Because that is basically what is going on.

onenote

(42,704 posts)
21. Nope. Not "solely on basis of partisan political affiliation" and no "official act" element.
Sun Dec 10, 2017, 10:21 AM
Dec 2017

Trump's stupid tweet is no more a violation of this law than when then Senator Obama suggested Don Imus should be fired.

DesertRat

(27,995 posts)
25. Presidents dont demand personal apologies from individual reporters
Sun Dec 10, 2017, 10:35 AM
Dec 2017

Presidents don’t demand personal apologies from individual reporters and call for their jobs. Authoritarians do.


DangerousUrNot

(431 posts)
26. We mights as well not even report it.
Sun Dec 10, 2017, 10:38 AM
Dec 2017

Nobody that can do anything gives a shit. Trump can do almost anything he wants because most of the authorities allow him.

n2doc

(47,953 posts)
27. Wouldn't be a proper week without at least one violation by Trump and Co.
Sun Dec 10, 2017, 10:56 AM
Dec 2017

Hard to keep up on this stuff. Hope someone is keep a list.

 

Lee-Lee

(6,324 posts)
28. People should actually read and comprehend laws before declaring they were broken
Sun Dec 10, 2017, 11:12 AM
Dec 2017

They key phrase here is “solely upon the basis of partisan political affiliation”z

That means someone says “this person is a democrat, terminate them because they are a democrat” with no other reason.

That would violate this law.

Trumps call, stupid as it was, wasn’t solely on the basis of partisan affiliation but predicated by certain acts of the reporter. It was based on an erroneous report even the reporter admitted was wrong.

As such if doesn’t even come close to violating this law.

There is more than enough real crap Trump has done to focus on that we have, we don’t need to be spreading crap like this that obviously isn’t accurate and just makes us look like we can’t even read a statute written in plain English.

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