#checksandbalances — Public Fediverse posts
Live and recent posts from across the Fediverse tagged #checksandbalances, aggregated by home.social.
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https://www.europesays.com/africa/240628/ IEC accuses Julius Malema of peddling misleading statements #ChecksAndBalances #élections #ElectoralCommission #FalseStatements #IndependentElectoralCommission #integrity #JuliusMalema #Lead #Podcast #PoliticalParties #PoliticalParty #PoliticalPartyLeaders #ResultCollationProcess #results #safeguards #SouthAfrica #Transparency #VotingStation #VotingStations
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The move frees a trial judge to act on the #Trump admin’s pending request to dismiss Bannon’s conviction & indictment “in the interests of justice” [rewriting history].
The dismissal would be largely symbolic. #SteveBannon served a 4-month prison term after a #jury #convicted him of #contempt of #Congress in 2022. A federal appeals court in Washington upheld the conviction.
#SCOTUS #law #SeparationOfPowers #LegislativeBranch #oversight #ChecksAndBalances #SubpoenaPower
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WTAF!?
#SteveBannon wins #SCOTUS order likely to lead to dismissal of his #criminal #conviction for refusing to #Congress.
“Prodded” [instructed] by the #Trump admin, the justices threw out an appellate ruling upholding Bannon’s conviction for defying a #subpoena from the #House committee that investigated the #Jan6, 2021 #insurrection by Trump supporters.
#law #SeparationOfPowers #LegislativeBranch #oversight #ChecksAndBalances #SubpoenaPower
https://apnews.com/article/supreme-court-capitol-riot-bannon-trump-4a4cf324096fc1bfed204d42b54d191e -
That’s in some tension with the result: that they were sent to a prison that is neither in the #US nor their country of origin with NO CHARGES & no clear #legal #authority justifying their continued, indefinite detention. The US govt is paying #ElSalvador to hold them.
#Trump #law #immigration #AlienEnemiesAct #Rendition #StateSponsoredAbduction #Constitution #CivilRights #HumanRights #DueProcess #DualState #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower
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That, at least, is what federal ofcls contend: while the #Trump admin invoked the #AlienEnemiesAct to dubiously justify sending 137 detainees to #ElSalvador, >100 others that day had received standard, *lawful* #deportation orders—often to Venezuela—from #immigration courts.
#law #Rendition #StateSponsoredAbduction #Constitution #CivilRights #HumanRights #DueProcess #DualState #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower
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The #Trump admin sent more *alleged* gang members to #ElSalvador despite a Massachusetts court order barring #deportations to 3rd-party countries.
They say the order only applied to the #DHS & so they had #DoD carry out the deportations.
Dishonest as hell.
https://storage.courtlistener.com/recap/gov.uscourts.mad.282404/gov.uscourts.mad.282404.72.0.pdf
#law #immigration #AlienEnemiesAct #Rendition #StateSponsoredAbduction #Constitution #CivilRights #HumanRights #DueProcess #DualState #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower
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Amazing truth & fact filled press conference from Sen #VanHollen on his visit to #ElSalvador & the ILLEGAL #rendition of #KilmarAbregoGarcia by #Trump
#law #contempt #immigration #AlienEnemiesAct #ExtraordinaryRendition #StateSponsoredAbduction #Constitution #CivilRights #HumanRights #DueProcess #DualState #14thAmendment #5thAmendment #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump
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The 4th Circuit Court of Appeals cites news articles about #Trump telling #Bukele that "homegrowns are next."
#KilmarAbregoGarcia #law #immigration #AlienEnemiesAct #ExtraordinaryRendition #StateSponsoredAbduction #Constitution #CivilRights #HumanRights #DueProcess #DualState #14thAmendment #5thAmendment #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower
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WOW
Judge Wilkinson writes,
"We yet cling to the hope that it is not naïve to believe our good brethren in the Executive Branch perceive the rule of law as vital to the American ethos."
Beautiful.
#Trump #KilmarAbregoGarcia #law #immigration #AlienEnemiesAct #ExtraordinaryRendition #StateSponsoredAbduction #Constitution #CivilRights #HumanRights #DueProcess #DualState #14thAmendment #5thAmendment #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump
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CW: USPol, Trump
Oh, and I didn't even get to the checks & balances part of the discussion.
Very briefly: the legislative branch is completely uninterested in fulfilling their duties. The hardcore MAGAs in Congress are cheering the administration on, heavy Team Fascism vibes there. The more traditional conservatives there and in the Senate are content to sit back and let it happen. The Democratic opposition are largely too timid to stand up and say anything, much less do anything to stop it. The funding crises, the impoundments - these are *right* in their wheelhouse, and ... crickets.
The judicial branch... some of it is trying to continue to run the Sane Constitutional Republic program and hold the administration to account, but it's mostly lower-court judges. At the top, the rot is pretty severe. The Supreme Court has whiffed on *many* cases, going back several years, indicating that the conservative majority is largely happy to produce ad hoc and post hoc justifications, completely against precedent and even black-letter law, to enable this administration to do exactly what it wants, the law and the Constitution be damned.
#legislative #LegislativeBranch #ChecksAndBalances #JudicialBranch #judicial #SupremeCourt #USSupremeCourt #immunity #precedent #StareDecesis
3/2 (oops...)
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Just released Judge #Xinis letter order on discovery procedure in #KilmarAbregoGarcia v. #KristiNoem et al.
https://storage.courtlistener.com/recap/gov.uscourts.mdd.578815/gov.uscourts.mdd.578815.80.0.pdf
#law #immigration #AlienEnemiesAct #ExtraordinaryRendition #StateSponsoredAbduction #Constitution #CivilRights #HumanRights #DueProcess #DualState #14thAmendment #5thAmendment #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump
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During ordinary times, this accommodation would reflect an appropriate respect for the constitutional #SeparationOfPowers. In dealing with this Administration, with its maximalist conception of executive authority & its contemptuous attitude toward the #judiciary, the Justices are being played for fools.
#Trump #SCOTUS #law #Constitution #ConstitutionalCrisis #ChecksAndBalances #CoEqualBranchesOfGovernment #JudicialBranch #AbuseOfPower
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That, the govt argued, would intrude on the President’s sole power to conduct foreign relations. So the govt’s responsibility here is to, what, maybe issue #AbregoGarcia a Global Entry card to cut the #immigration line if he somehow turns up at a #US airport? This defiant position cannot stand—not if the rule of #law is to survive.
#SCOTUS #Trump #Constitution #ConstitutionalCrisis #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #CoEqualBranchesOfGovernment #AbuseOfPower
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Aaron Reichlin-Melnick has handily outlined #KilmarAbregoGarcia’s legal #immigration history to show that no matter how many times #Trump & his thugs say it, there is no proof #AbregoGarcia is or ever was a M-13 gang member.
#law #ExtraordinaryRendition #StateSponsoredAbduction #Constitution #CivilRights #HumanRights #DueProcess #DualState #14thAmendment #5thAmendment #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower
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In case you are wondering, the #Trump admin has missed today’s deadline to report to Judge #Xinis on what steps they’re taking to facilitate the return of #KilmarAbregoGarcia.
Can’t imagine why? /s
#law #immigration #ExtraordinaryRendition #StateSponsoredAbduction #Constitution #CivilRights #HumanRights #DueProcess #DualState #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower
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It is perplexing to be sure. I think about it differently, but I don't know that my way of thinking is correct.
I see two parties: the GOP is more competent at getting elected and forcing a legislative agenda, but consistently their agendas to go in the wrong direction, more evil. The Dems seem less competent that these things, but more well meaning, with agendas that seem to amble a bit but head much better in the right direction. Sometimes I wish the Dems could learn some things from the GOP.
But then sometimes I wonder if their sometimes incompetence or amateurishness is not what keeps them more moral. Maybe it's related to the Lord Acton quote "Power tends to corrupt and absolute power corrupts absolutely".
Democracy is meant to be inefficient so that it can be deliberative and can have time to engage the population. For most things and most times this may be proper. In times of crisis, which we're experiencing several of, it's a less good tool... ("except for all the others")
For just one of several possible examples, we're moving too slowly on climate. That may be an artifact of democracy. Autocracy might work better for things like that, but not the autocracy that Trump is offering. Even benevolent dictatorships melt down into malevolent ones, and he's offering to skip the benevolent part. Democracies are crappy tools, but at least they have checks and balances.
Well, they DID have checks and balances until SCOTUS was captured. Now I have fewer. Fixing that it's one of those things that the Dems are moving too slowly on. The GOP would move more quickly, but not in the right direction.
It is perhaps the number of crises we have that make people want to reach for autocracy, just install somebody who promises to fix things. Maybe that's what makes Trump appealing to some. But it's easier to promise fixes not to be them. And it's a temptation to be resisted, in spite of its appeal.
One of the things democracy is good at is distributing power. Sadly, it also distributes responsibility, and people don't always see when they are part of the problem. They blame shortcomings and outright trouble on process, but sometimes they ARE that process.
People crave efficiency, but they don't see that the large part of democracy's immune system is the distribution of power, its inefficiency in other words. The temptation is to criticize government for inefficiency, replacing nothing efficiencies with efficiencies, centralizing power. But that creates single points of vulnerability to capture, but from within and without.
SCOTUS power grabs are especially concerning here, as well that's the same excitement about a unitary executive theory. The undoing of the Chevron doctrine grabs power and reduces domain expertise, but also has the effect of centralizing decisions, which is an elimination of another check on power of government. A strange and sad choice by people who have claimed to have an ideology that opposes government power. They see the various agencies as big power, rather than as distributed power, and so they see it as an enemy instead of a friend.
I hope with this ramble that I'm leaving you with a kind of 'yin and yang' feel, that there are no perfect solutions. This is where the quote about eternal vigilance being the price of freedom goes. And this is especially a time for vigilance, because freedom is feeling especially fragile, and our democracy's immune system is seriously compromised.
#politics #democracy #ChecksAndBalances #autocracy #SCOTUS #ChevronDoctrine #Government #efficiency
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@politicsusa46 "burn down the house and run as a third party candidate " only if we are lucky. never underestimate the dems ability to shoot themselves in the foot; see 2016. remember right now the #corps are paying both sides and win in all cases until we can re-establish our democracy; 3 independent branches of government with #balanceOfPower and #checksAndBalances with #honorable people serving the needs of the people .