Just a Question About Judge Loose Canon

[queentonic]

Maybe someone out there can answer this question for me. Would it be possible for President Biden to intervene and issue an Executive Order declaring that, because of judicial overreach, all of the classified documents taken from Mar-a-largo are in lock down and no one can access these documents except those given the proper clearance and that this is not a matter for the judicial branch to decide? Just womdering

[littlemissmartypants]

1. No. The next move is firmly in the hands of the Justice Department.

President Biden has said repeatedly that he's leaving it all in there hands. I think the separation-of-powers dictates that.

Good question though.

❤️

[NullTuples]

3. Can the DoJ do anything?

Specifically, can the DoJ do anything to counter a judge that may well be intentionally delaying all forward movement of the process until after the elections b/c Trump was fast becoming as radioactive as the SCOTUS's abortion ruling?

[littlemissmartypants]

4. They get to file a response to the ruling. She's also being sued but not by DOJ.

But she's not really helping the cause for FPOTUS, she's messed up big time based on a variety of legal opinions. She has apparently violated her scope of practice in some way but I don't know how to explain it intelligently.

❤️

[NullTuples]

5. But are there really any repercussions for the things she did or would it require 2/3 Congress?

[littlemissmartypants]

6. I don't think congress has any thing to do with it.

The ball's in DOJ's court now. At best she's stalled the process, at worst she could be sanctioned. She's definitely being sued. So that's not a good thing. ❤️

[herding cats]

7. Who is suing her and on what basis?

I missed that.

Spell check changed suing to seeing. My apologies!

[littlemissmartypants]

18. I can't find the article now. If I run across it again I'll share it.

I think it was for lack of standing as she's in Florida and the case in D.C. but I can't remember exactly. I read lots in a short amount of time. Sorry. ❤️

[rso]

2. RSO

He could, but because the order would directly challenge the Judicial Branch, the same Judicial Branch would quickly rule that Biden had usurped his authority.

[LetMyPeopleVote]

8. Biden has already issue a ruling the TFG is NOT covered by executive privilege

The Biden administarion can issue a specific order in effect addressed to this idiot judge to the effect that the Biden administration has already issued an executive order as to TFG and the executive privilege and that such order is still in effect

[Captain Zero]

9. Maybe the DOJ will 'remind' the judge of this

I can see the points for Biden personally staying out of her responders.

[SlimJimmy]

10. He cannot tell the judicial branch what

to do after they are seated as federal judges. No executive order will affect them. Of course his order on executive privilege does apply, but does not force the judge to abide by it. She can reject it and they can appeal to a higher court.

[Frasier Balzov]

11. Trump would probably love to litigate that very point.

Is there any residual executive privilege vested in a former president which is untouchable by the sitting administration.

[SlimJimmy]

12. I think there has to be some.

How could a sitting President get advice from close aides if the next executive could just wipe it out? We argue against it now, but it could come back to bite us later. We progressives can be so short sighted sometimes.

[Frasier Balzov]

13. Hm. Short sighted like getting rid of the filibuster?

[SlimJimmy]

14. Frankly, yes

Instead of playing the short game, we need to look down the road. I know, not a popular idea here at DU. But check, I've been here for a long while and have always taken the long view. But thanks for playing.

[Frasier Balzov]

15. I don't disagree with you Jimmy.

Abandoning the filibuster has done some damage to the judiciary. And that's a lifetime appointment long view of things.

[alphafemale]

16. The fillabuster is needed to keep the right wing from ramming insane things through when in power.

It should be a talking one though.

Make them work for it.

[SlimJimmy]

17. I agree

That's the way it was originally designed. It should go back to that.

[Tommy Carcetti]

19. President Biden isn't touching this investigation with a 10 foot pole.

He doesn't want even the slightest perception he's behind it and politicizing it.

Mind you, they'll accuse him of politicizing it no matter what. But he's not going to give them free ammo.