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21 minutes ago, Jwheel86 said:

 

Assuming no fuckery (lol I know), if he loses he will resign during the transition. He isn't going to [Dem]'s inauguration. 


He won’t resign, he’ll claim irregularities and stay in office, and the Republicans will be totally fine with it.

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9 minutes ago, CitizenVectron said:

 


You could do the barest amount of research and understand the context of the statement, which is undeniably not an admission of obstruction of justice. The entire point of the quote, regardless of whether his assessment is true, is that Comey was a dirty cop and the dirty cop was out to get him.

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https://edition.cnn.com/2020/02/07/politics/emoluments-lawsuit-trump/index.html

 

Appeals court tosses Democrats' emoluments lawsuit against Trump

 

The three-judge panel -- Judges Karen Henderson, David Tatel and Thomas Griffith -- was in unanimous agreement, saying the Democratic lawmakers lack the standing to challenge the President, the US Court of Appeals for the District of Columbia Circuit ruled.
The Democrats' "claim is based entirely on the loss of political power," the appellate panel wrote in the opinion. "Our conclusion is straightforward because the Members -- 29 Senators and 186 Members of the House of Representatives -- do not constitute a majority of either body and are, therefore, powerless to approve or deny the President's acceptance of foreign emoluments."

 

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4 minutes ago, Jason said:

Uh pretty sure that the constitution says shall not, not "shall not unless you get permission". 

Quote

And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.


It says exactly that :p 

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4 minutes ago, osxmatt said:

 

If the House (or Senate) doesn't have standing to bring a case on behalf of the constitution, then who the hell does?

That isn’t what they ruled. They said this group doesn’t have standing because the specific issue they raised is directly related to the whether or not congress gave consent for these emoluments, and a minority of the congress isn’t enough to grant or block consent.

 

8 minutes ago, ThreePi said:

So, it seems like they're arguing that consent is assumed unless Congress votes to not allow it?

No, the court didn’t even get to such questions. They just ruled on the issue of standing to bring the suit in the first place.

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3 minutes ago, sblfilms said:

That isn’t what they ruled. They said this group doesn’t have standing because the specific issue they raised is directly related to the whether or not congress gave consent for these emoluments, and a minority of the congress isn’t enough to grant or block consent.

 

That seems pedantic now that Democrats control the majority of the House. I guess they should just resubmit the case?

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12 minutes ago, osxmatt said:

 

If the House (or Senate) doesn't have standing to bring a case on behalf of the constitution, then who the hell does?

 

The idea was that when the lawsuit was filed in 2017, Democrats SPECIFICALLY did not have majorities in either the House or the Senate, so they basically didn't have the authority to make a case for/against Emoluments.

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2 minutes ago, osxmatt said:

 

That seems pedantic now that Democrats control the majority of the House. I guess they should just resubmit the case?

It’s not pedantic to say that the people who brought they case didn’t constitute a majority in either chamber at the time, it’s the facts at the time the lawsuit was submitted which is what the court is limited by. 
 

The case could presumably move past the issue of standing if a majority of current House members submitted a new lawsuit.

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I imagine this is well trod legal territory, and I didn't read the decision, but when I read that you can't do a thing "without the consent of congress," I think that you'd need permission to do that thing. Not that you can do that thing until congress tells you not to.

 

I generally find that cases involving standing are the most frustrating. It's obviously more complicated than I feel like it should be, but I honestly don't know enough about it to make any kind of legal argument. I just know that when an important case goes up before a high court and instead of looking at the merits of the case they just throw it out on a standing issue, it's frustrating, even when it's correct.

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2 minutes ago, Jwheel86 said:

 

This is the part where the Secretary of Defense or Army resigns in normal times.

 

If this happened in a foreign country, in a foreign language (coupled with Trump's speech from yesterday) Republicans would feverously denounce it as authoritarianism.

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5 minutes ago, osxmatt said:

 

If this happened in a foreign country, in a foreign language (coupled with Trump's speech from yesterday) Republicans would feverously denounce it as authoritarianism.


It was considered authoritarianism when Obama wore a tan suit, had some Dijon mustard, and used a selfie stick.

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