Discussion for article #222521
Notice the part of the 26 page opinion where the District Court Judge discusses Federal jurisdiction? Neither did I. That’s because there isn’t any. The District Court judge doesn’t even bother to cite a federal jurisdictional law.
Federal Courts aren’t allowed to enjoin state criminal proceedings. http://en.wikipedia.org/wiki/Younger_v._Harris
That a sitting federal judge would so casually blow off the law tells you how far our federal judiciary has been allowed to degenerate under the Republicans.
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“The possible unconstitutionality of a state statute is not grounds for a federal court to enjoin state court criminal proceedings brought pursuant to that statute.”
But he hasn’t been charged with anything. The John Doe probe is not a criminal proceeding, it’s an investigation to determine whether or not to proceed with one.
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Once the Koch brothers own all the judges, not to mention the Supreme Court which they’ve already captured, then what?
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Randa is a right-winger with a long history of activism. http://cognidissidence.blogspot.com does a pretty good job explaining what’s really going on here.
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This does not surprise me. Over at Huffington Post, the headlines read as if Walker has had a major victory. These judges are so busy trying to assist the establishment that they no longer even try to follow the law when it is the wealthy who are committing crimes.
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Not surprised at all. Once again a Federalist Society stooge lets a Republican off the hook.
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It sure as heck isn’t a civil lawsuit. The District court judge just got a little too blatant.
Which is how the state of Wisconsin goes about determining if their are actual crimes being violated. As such, it most definitely is part of a criminal proceeding. Everything involved with investigating a potential crime is part of criminal proceedings, its not just the trial at the end.
If a law is unconstitutional, it makes perfect sense for a judge to enjoin an investigation into violations of that law. Imagine, say, some crazy racist DA who started investigating churches to find out if they had performed any interracial marriages (I’m sure there are some laws still on the books somewhere.)
But. That’s not what’s going on here. Randa declares the law unconstitutional based on an enormously shaky chain of reasoning from the recent supreme court decision, and then enjoins an investigation that may or may not be limited to violations of that law, relying on questionable assertions of harm. And the tip-off: any non-crazy judge making such an unprecedented decision would have stayed his own order pending appeals, rather than insist on a whole extra layer of judicial paperwork.
A grand jury proceeding is a court proceeding.
Gotta love Activist^Activist Jurists!
Walker has been ordered to bend over and grab his ankles.
It has long been my contention that when all is said and done, Scotty is gonna skate once again. He’s got lots of allies in the legislature and the courts and they have served him well so far. He’s got himself a teflon coating.
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Maybe not. He and Nixon have the same beady eyes. Didn’t work out so well for Dick, who thought he was above the law, too.
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Aww, Scotty is having a sad.
Bum hurt much, Scott?
hardy: Nice reading really informed posts.
The Greeks said the gods will always punish hubris – indeed, they must punish it. It’s in the gods’ book of rules or some such.
And ya know, dem ainchunt greeks wuz pretty smart, ya know.
Walkers wife is Randa’s clerk?
So it does apply?