In a split 9-6 decision, a federal appeals court reinstated a key lawsuit challenging President Trump’s business dealings at his downtown D.C. hotel.
Please read footnote #6 and the concurring opinion. Highly unusual to see language such as used here. (Not a criticism - I think well deserved).
Yeah, those are some major burns.
An en banc ruling by the Fourth Circuit Court of Appeals reinstated the lawsuit
As expected.
“Congress and the Supreme Court have severely limited our ability to grant the extraordinary relief the President seeks,” Motz wrote.
Nice.
Judge Motz noted the dissent in her opinion, writing, “readers may compare our measured approach with the dramatics of the dissent and draw their own conclusions.”
Even nicer.
Chickens meet roost.
Lets just call out what this is. The dissent is by a judge put on the bench by Reagan (and not an indpendant reagan judge like Posner, but a real right wing nut job) and the two Bush appointees, and Trumps own three appointees on the Court. Every Republican wanted to give Trump immunity.
Every democratic appointee and one republican appointee Roger Gregory, voted to allow the suit to go forward.
Unfortunately the republicans on the 4th Circuit (Gregory being the exception) are NOT entitled to any presumption of acting honorably.
Wilkinson went on to argue that the decision “invite[s] the judiciary to assemble along partisan lines in suits that seek to enlist judges as partisan warriors in contradiction to the rule of law that is and should be our first devotion.”
That bat left the belfry some time ago, bunky! And which political party shooed that bat out?
And the hits keep coming!
“Can we not see the political cloak we are asked to don?” Wilkinson wrote, adding that no federal court had ever allowed lawsuits to proceed under the Emoluments clause, “until this President.”
So the Judge is saying past failures to ever contest or litigate an alleged violation of the Emoluments Clause has set a precedent barring any current of future attempts to invoke the clause? The clause is forever rendered permanently moot due to never being successfully invoked in a court of law?
Maybe OT, but this attack on the Obama admin appears to be an effort to defuse corruption and Russian help as an issue in the campaign. Fox beats it to death. Might have an effect.
A Dem victory in Nov is not a done deal.
If a bill of attainder is illegal, then just mfg a “case”.
Gonna be a few icy stares in the appellate chambers today — but Judge Honey Badger Wilkinson don’t care.
The Cons need to rile up the base to make sure they vote in the throes of what may be a second Covid-19 wave in November. This is oxygen for the Trumposphere.
He’s going to have to soak his thumbs in ice water tonight.
In a dissenting opinion, Judge J. Harvie Wilkinson asked whether President Trump has “operated above the law by operating, directly or indirectly, an asset acquired well before his Presidency?"
I am not a judge, but I’m pretty sure the answer is “yes.” An asset is an asset. Would it make a difference if it were acquired after he assumed the presidency? Seems to me that would be an even more blatant violation of the emoluments clause.
Partisan warriors- no less.(I guess even right wing judges, when devoid of argument are reduced to hurling high-handed insults.) And yes, readers can discern for ourselves; brilliant comeback.
So … she’s disgusted with the dissenters.
She’s also disgusted by Trump’s lawyers and their puerile antics, such as their “heavy reliance on artful quotation” that “distort [precedents] beyond recognition.”
Well, at least Peter Messitte is happy today!
Daggers!
Wilkinson went on to argue that the decision “invite[s] the judiciary to assemble along partisan lines in suits that seek to enlist judges as partisan warriors
New definition of irony… Republican judge acts in a partisan manner to try to dismiss emoluments lawsuit by invoking partisanship
It seems that the Trump apologists don’t anticipate that someone might point out that they are, you might say, full of crap. Hold on for the hue and cry over the fact that his colleagues “attacked his free speech rights” by criticizing his theatrics.
This day is just getting better and better.
Also, we’re going to get severe storms today. Hope Lansing gets a extra dose of lightning strikes to distribute among those cowards.
