Originally published at: 9th Circuit Trump Judges Enthusiastically Support His Ability To Deploy Military Anywhere At Any Time - TPM – Talking Points Memo
9th Circuit Judge Ryan Nelson argued so vehemently Thursday that President Trump has the power to deploy the National Guard into unwilling states on very little pretext that one suspects the arguments were doubling as his Supreme Court audition. “The President gets to direct his resources as he deems fit and it just seems a…
4 Likes
Hopefully, after these Trump Judges reverse Judge Immergut, the 9th Cir will grant en banc review. But I suspect the SCOTUS is going to let Trump do whatever he wants anyway.
10 Likes
I mean, seriously, why should the hundreds of thousands of people in Portland get any say in what goes on in their city when a rapist, felon, and ‘probable’ child molester, who happens to be president, would like to hide the fact that he’s a ‘probable’ child molester by using it to throw a fascist temper tantrum.
16 Likes
I really have nothing left to say anymore beyond FUCK FASCISTS.
5 Likes
We seem to be stumbling toward a civil war. At some point the government thugs are going to kill somebody and a mayor or governor is going to order the local or state police to separate the protesters from the thugs. That will get things rolling.
The one thing I know for sure, nobody is going to stop protesting. It is the American DNA and there is nothing Trump can do about it.
8 Likes
According to these judges protesting is violence. Standing outside an ICE facility wearing a chicken costume is violence. And they are going to authorize Trump to deploy active duty military to force people in Portland to stop exercising their 1st amendment rights.
11 Likes
Can you imagine what these judges would say if it were a Dem president deploying the NG to give a beatdown to, say, some white supremacist militias holed up in a nature preserve, or seizing BLM land or something, and the state governor was opposed?
18 Likes
Shorter Judges: If you’re opposing MAGA, you have no rights.
11 Likes
“Now, I understand there’s a statute here and we’re going to have to review that, but this goes to the level of deference that I think the president is entitled to in these circumstances. And it’s not all driven by what we see on the streets, it’s also driven by, to some degree, what’s going on behind the scenes, and you don’t have full view into that.”
WTF is that even supposed to mean? All of this shit sounds like “secret authorizations” from a cold war spy novel.
25 Likes
What it seems to mean is that MAGAzi judge is assuming facts not an evidence in order to support the government.
7 Likes
“These are violent people, and if at any point we let down our guard, there is a serious risk of ongoing violence,” DOJ’s McArthur concluded to the friendly panel.
6 Likes
First Amendment
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
The thing is, though, Congress has not passed a law sending the National Guard to Portland or Chicago or LA or NYC or Memphis - The King issued an order which must be obeyed.
5 Likes
Is it not possible the second TRO could draw a 9th Circuit panel of a different… ideological persuasion? Can there be a circuit split within a circuit?
6 Likes
it’s not all driven by what we see on the streets, it’s also driven by, to some degree, what’s going on behind the scenes, and you don’t have full view into that.”
What’s going on behind the scenes, is a peaceful protestor dressed in chicken suit who shows up everyday. What a clueless bag of rocks this judge is.
8 Likes
If the Founding Fathers had wanted the guy in the chicken costume in Portland, Oregon to have the right to stand on a public street they would have specified that in the 1st Amendment when it the late 1700s. But they didn’t prohibiting the specify, “Congress shall make no law denying the man in the chicken costume in Portland, Oregon from standing on a public street,” therefore the guy in the chicken costume can be tossed into the back of a van by active duty US military.
None of us, except for Trump, have any rights that aren’t specifically defined in the Constitution. That’s originalism!
6 Likes
This will just get rushed to the Subprimes on appeal and they’ll confirm that TSF can federalize the NG to invade any city at any time for any reason. I’m surprised it took this long to get it frozen.
I’m assuming the Illinois decision will follow on from this one in leting TSF do whatever he wants.
1 Like
it’s also driven by, to some degree, what’s going on behind the scenes, and you don’t have full view into that.
So neither the Portland PD, the Portland mayor, the Oregon governor, nor myriad reporters and TV camermen know what’s going on, but an ignorant buffoon and Fox news addict sitting in his office 2,800 miles away has all the details.
12 Likes
Different judge, different circuit, and not bound by a bullshit decision in the 9th. Conflicting decisions in the circuits was one of the traditional ways to get to the Supreme Court, but that changed when the far right radicals were given a 6-3 majority.
3 Likes
Sure … but don’t call them fascists. 
As others have noted, this is their Jade Helm delusions coming to life, but this time they are all for it.
3 Likes
Thank you so much for that first sentence, Kate. This is why I read TPM. What is really going on is always in the first sentence. Indeed, after the district court judge argued Trump’s order was illegal under the Posse Comitatus Act, this ruling looks exactly like what it is: kissing Trump’s @ss in the hopes of future advancement. GOP = Grift as an Operating Procedure. Thank the Koch Network for having turned so many GOP politicians and jurists into grifters for the conservative cause. Had there not been generous perks for these folks throughout their careers, would the Kochs have been successful? I doubt it.
5 Likes