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Judge Orders 'Intentionally Deceptive' DOJ Lawyers To Take Remedial Ethics Class (zerohedge.com)

According to the Daily Caller, "The judge overseeing the challenge by 26 states to President Obama's executive action in immigration has ordered all lawyers 'employed at the Justice Department in Washington, D.C. who appears, or seeks to appear, in a court (state or federal) in any of the 26 Plaintiff States annually attend a legal ethics course.'"

An anonymous reader quotes a report from Zero Hedge: In writing the ruling, Hanen quoted from the scene in "Miracle on 34th Street" when the boy is called to testify to Santa's existence and saying that everyone knows not to tell a lie to the court. Hanen went on to say that that the Justice Department lawyers have an even stricter duty: Tell the truth, don't mislead the court, and don't allow it to be mislead by others. "The Government's lawyers failed on all three fronts. The actions of the DHS should have been brought as early as December 19, 2014. The failure of counsel to do that constituted more than mere inadvertent omissions -- it was intentionally deceptive." Judge Hanen wrote in his ruling. Hanen ordered that the classes must be "taught by at least one recognized ethics expert who is unaffiliated with the Justice Department." I wonder if the judge could order the lawyers to jail for contempt of court?

94 of 185 comments (clear)

  1. Reliable sources by squiggleslash · · Score: 2, Insightful

    I'm not saying the story's wrong, but could you have found better sources than the Daily Caller and Zerohedge?

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    1. Re:Reliable sources by Anonymous Coward · · Score: 1

      Do you prefer this?

    2. Re:Reliable sources by BeauHD · · Score: 5, Informative

      NYT wrote about it, but it's a paywalled source. http://www.nytimes.com/2016/05...

    3. Re:Reliable sources by dcooper_db9 · · Score: 5, Informative
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    4. Re:Reliable sources by DaHat · · Score: 3, Insightful

      The major question here is if the judge has the jurisdiction to issue this order.

      Apparently you've not been keeping up with the degree of unethical behavior by the DoJ in this case.

      He does not.

      And you are a credible authority on this... because?

      Considering the implications of a judge barring every justice department lawyer from any courtroom in 26 states,

      Even IF he doesn't have the authority to do so, he has fired a beautiful warning shot across the bow of the DoJ and given serious ammunition to each of the 26 states fighting the unlawful amnesty which can & will be used in state courts given the behavior of DoJ lawyers before this judge.

      I'd say he has overstepped his authority.

      So finally, you acknowledge that this is in your opinion... which unlike that of the judge, has zero legal authority.

      This judge should be removed from the bench.

      How exactly do you envision that happening? The republican controlled House & Senate (which for the most part agree with the State's suit) impeaching them?

      Yeah, good luck with that.

    5. Re:Reliable sources by Anonymous Coward · · Score: 3, Informative

      No, that's just a piss-poor editorial of the Washington Post defending the DoJ -

      The judge sets the enforcement for 26 PLAINTIFF states (not all 50) - Those are the states suing the Federal government that the DoJ is defending. The 26 states listed are part of the trial and are subject to the judges ruling and, presumably, will go along with the punishment.

    6. Re:Reliable sources by amicusNYCL · · Score: 2

      The major question here is if the judge has the jurisdiction to issue this order. He does not.

      Well, it sounds like that major question was answered by notable law scholar dcooper_db9. We can all go on with our day now. Make sure to notify the judge that he's wrong. Don't bother justifying anything, just tell him he's wrong.

      --
      "Our two-party system is like a bowl of shit looking at itself in a mirror." - Lewis Black
    7. Re:Reliable sources by rahvin112 · · Score: 1

      He's got lifetime employment, He's almost untouchable. There are good reasons for this but he's clearly stepped over the batshit crazy line. My bet is he's going to get slapped down by this either by a judicial ethics panel, a state licensing board or the supreme court itself. Judges can be punished but it takes time.

      The Supreme court could embarrass him by voiding his order with prejudice. That would be a major public slap down and damage his reputation significantly. As the Supreme court is about to rule on this case there is a chance they'll include such a slapdown in the ruling.

    8. Re:Reliable sources by Anonymous Coward · · Score: 1

      It's a case of technically true, but still completely irrelevant.

      The states shopped and found a sympathetic judge who put forward a ruling so silly that it can only be taken as a political statement.

      This will make for a round of furious masturbation on the conservative circle-jerk media circuit, but it will be overturned with an little more than an eye-roll from a higher court judge.

    9. Re:Reliable sources by DaHat · · Score: 1

      The government gave some people three year permits instead of two year permits and didn't tell the judge

      You forgot about the part where they said they wouldn't be handing out any permits and then until a certain date.

      But why let facts get in the way?

    10. Re:Reliable sources by DaHat · · Score: 4, Interesting

      and likely didn't even know.

      Really?

      Wanna ask the judge? Why not read his ruling... which in the end is TFA

      Here is just one juicy bit:

      It has admitted that the lawyers who made these statements had knowledge of the truth when they made these misstatements. The DOJ’s only explanation has been that its lawyers either “lost focus” or that the “fact[s] receded in memory or awareness.”

      It seems he disagrees with you.

      He's punishing essentially innocent people assigned to the case.

      Again, false.

      It appears he has gone as far to bar any of the lawyers who have given false testimony in his court room from ever arguing in his court room again (given he can't disbar them himself)... it's punishment to ensure that future lawyers who come before him from the DoJ (or to courts in the states which make up this case) are reminded of the importance of ethics when acting as a lawyer?

    11. Re:Reliable sources by HiThere · · Score: 1

      If they did intentionally lie to the court in a manner likely to affect the course of the trial, then they deserve to be disbarred. If it can be proven that they did so, then they should be disbarred.

      But that's not up to the judge. He can only forbid them from ever appearing before him again. I'm not sure about the requirement of an ethics class, though. It it was intentional lying, then an ethics class isn't likely to do any good. They knew what they were doing. This isn't one of your edge cases.

      That said, lawyers appear to often lie to the court, or at best argue deceptively. While I feel this should be grounds for disbarment, I doubt that the bar associations would agree, when it appears that more than half of their membership regularly engages in the practice.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    12. Re:Reliable sources by lgw · · Score: 4, Interesting

      None of that will happen. Federal judges have been asserting themselves as a co-equal branch of government, and not the presidents bitches, for some time now. The punishments for DoJ lawyers who try to fuck with the federal court system have been growing gradually over time. They'll keep growing until those lawyers start taking the court system seriously.

      The entire point of the justice system is that you game the system within the rules. The DoJ has forgotten that of late, or just doesn't seem to think that federal judges are important. Either way, we've seen more and more evidence that federal judges are pushing back, and escalating over time. Don't piss off a federal judge, and especially don't blatantly go out of your way to do so when your work for the government.

      The judges will eventually win this fight. Never doubt it.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    13. Re: Reliable sources by HiThere · · Score: 1

      I'm sorry, but much as I enjoy occasional articles from the DailyKos, I would never consider it a reasonable source of news. It often presents grossly slanted stories. In fact, I think I'd have to rephrase that as "it only occasionally presents stories that aren't grossly slanted", but that's a bit too far in the other direction.

      I don't like the right wing, and am not sympathetic to their version of reality, but this doesn't mean they're always wrong. And being sympathetic to the left wing doesn't mean that they're always right. Just that I enjoy their stories more.

      Actually I think both sides intentionally mislead their listeners, even though it was only FOX that went to court to establish their right to do so. You didn't see any of the other media in that case with amicus papers saying "Please don't say news organizations are allowed to intentionally lie about what the news is.".

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    14. Re: Reliable sources by jmac_the_man · · Score: 1
      The author of that article is a fundamentally stupid person. The court needs the names so it can revoke the permits that the Federal government would have been enjoined from granting if they had acted ethnically.

      OBVIOUSLY, the DOJ isn't trusted to actually revoke the permits.

      The list is also being submitted under seal, which means that, contrary to the DailyKos's fear mongering, it isn't being distributed outside the court.

    15. Re:Reliable sources by squiggleslash · · Score: 1

      FWIW I'm not really looking for either. The editorial is an opinion piece, it's interesting but people writing opinion pieces tend to think they have a license to play fast and loose with the facts.

      A link to the ruling is interesting (and should have been in TFA) but by itself presents no context, something a good news article would. Who's the judge? Do lawyers generally think this is reasonable, or is it overreach? What's the DoJ's reaction?

      A number of... OK, I'll be honest here, ideological nutcases, have responded to my comment pretending that my complaint is that I merely disagree with the political views of both of the websites in TFS. That's not the problem. The problem is they're unreliable and not likely to present a full picture of what's going on here. A good opinion piece from someone like Popehat might tell give us useful information, but failing that something written in a respectable news outlet as actual journalism would help. An opinion piece from a political blog, of any stripe, doesn't strike me as likely to do anything other than mislead.

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    16. Re:Reliable sources by Jane+Q.+Public · · Score: 1

      There's a link to the actual court ruling, so what difference does the source make?

      What's the matter, your delicate leftist sensibilities were bruised by having to wade through "offensive" material to find the link?

    17. Re: Reliable sources by Vlad_the_Inhaler · · Score: 1

      if they had acted ethnically.
      Do you mean "ethically" or what you actually wrote? If this piece was not about immigration the answer would be obvious.

      --
      Mielipiteet omiani - Opinions personal, facts suspect.
    18. Re:Reliable sources by dcooper_db9 · · Score: 1

      What I provided was a link to a widely known publisher that confirmed the basic assertions presented in the summary. My link made it clear that it pointed to an editorial, and the article itself was clearly marked. Anybody interested in thinking critically about an issue will recognize the need to explore alternative views.

      In my opinion, a summary should include a link to a non-paywalled article hosted by a reputable publisher. By reputable I do not mean that the publisher is free of bias. I mean that the publisher has a history of correcting factual errors.

      It is incumbent on the reader to recognize that editors, publishers and reporters all have biases. We should evaluate those biases and seek out alternative views. Neither the original poster nor anyone else has a responsibility to provide a link to the perfect article. You are welcome and encouraged to do your own independent research.

      So far I have not found any articles with detailed analysis of the topic. Considering that this story broke on Friday it may be late next week before we see the topic explored in depth.

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    19. Re:Reliable sources by Bartles · · Score: 1

      I'm sure the NYTimes and Washington Post have reporters working in shifts on the story. Look, the actual judge's order is linked in the article. Just go read that and stop attacking the source.

    20. Re:Reliable sources by Bartles · · Score: 1

      The NYTimes and CNN aren't covering the story, so stop complaining about right-wing rags that are actually practicing journalism, and go read the actual judge's order.

    21. Re:Reliable sources by dcooper_db9 · · Score: 1

      The major question here is if the judge has the jurisdiction to issue this order.

      Apparently you've not been keeping up with the degree of unethical behavior by the DoJ in this case.

      That's correct. I had not read the order or examined the issues of the case. I was not commenting on whether the president has the authority he claims to have. Nor was I not commenting on whether the DOJ attorney's involved in this case deserved sanction. I was commenting on the unlawful overreach of the judges order. In claiming the power to sanction every DOY lawyer in 26 states the judge provides the following justification:

      The Court does not have the power to disbar the counsel in this case, but it does have the power to revoke the pro hac vice status of out-of-state lawyers who act unethically in court.

      In his own order the judge claims the authority to sanction attorneys under his jurisdiction who have acted unethically. Where does he get the authority to sanction attorneys who have never been the subject of a complaint?

      Even IF he doesn't have the authority to do so, he has fired a beautiful warning shot across the bow of the DoJ and given serious ammunition to each of the 26 states fighting the unlawful amnesty which can & will be used in state courts given the behavior of DoJ lawyers before this judge.

      No American should be pleased to have a judge exercising powers that are not granted to him under the law. How can anyone be outraged about the president's actions but applaud a judge who abuses his power?

      So finally, you acknowledge that this is in your opinion... which unlike that of the judge, has zero legal authority.

      Of course it's my opinion. If my opinion is wrong it is of little consequence. A federal judge's actions are of great consequence.

      How exactly do you envision that happening? The republican controlled House & Senate (which for the most part agree with the State's suit) impeaching them?

      I don't know if you've been following the election this year. A large turnout among Democrats could alter the balance in congress. The Democratic Party could end up with control of the executive branch and both houses of Congress. A Democratic Party nominee to the Supreme Court is likely to change the balance there as well.

      So yes, any decision in this case could be reversed. And this could end up being the first federal judge impeached for abuse of power in over 100 years.

      --
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    22. Re:Reliable sources by Bartles · · Score: 1

      They specifically told the judge they did not issue permits. As a result he did not issue an injunction. They lied. They will probably be disbarred.

    23. Re:Reliable sources by Bartles · · Score: 1

      The DOJ has stated otherwise.

    24. Re: Reliable sources by Bartles · · Score: 1

      So Elena Kagan should have recused herself in the ACA case. Got it.

    25. Re:Reliable sources by Bartles · · Score: 1

      It most certainly does give context, if you read it.

    26. Re:Reliable sources by Jane+Q.+Public · · Score: 1

      The court ruling doesn't give any context.

      Yes, in fact it does.

      Is your criteria for "how I find out about the world" seriously "Is this source telling me what I want to hear"?

      No, but yours appeared to be, from your comment: "I'm not saying the story's wrong, but could you have found better sources than the Daily Caller and Zerohedge?"

      I'm assuming some projection in your comment, because there's nothing in mine that bears any relationship to your extremist ideological twaddle.

      It's a free country. Assume away. It won't get you anywhere, but I will defend to the... uh... change in my pocket, your right to do so.

      I'd have been happy if the links were to the WSJ (minus paywall) or Times of London. Links to a politically charged blog and an economically charged blog, both of which are obsessed with ludicrous conspiracy theories, is not acceptable or useful.

      Wait a minute... didn't you just imply that the source doesn't matter? You just got done insulting me for having that very attitude (albeit incorrectly, as I actually stated the opposite). Right up there, a few lines above, in quotes.

      You leave me with little choice but to just repeat what I said before: I'm sorry your delicate eyes were offended by all that nasty material you had to be exposed to for the 10 seconds it took to find the link to the actual, unbiased source.

      Yours must be a very hard life, with all that offense going on all the time.

    27. Re: Reliable sources by Jane+Q.+Public · · Score: 1

      That's the funniest typo I've read in a long time.

    28. Re:Reliable sources by squiggleslash · · Score: 1

      So the judge was able to describe how his order would be received when he writing his order? It contains a description of the judge writing it that includes a representative range of opinions by his peers on his judgment, with those peers actually taking into account the order that he's writing?

      How did he perform this amazing act? Time travel?

      --
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    29. Re:Reliable sources by squiggleslash · · Score: 1

      Yes, in fact it does.

      And how, may I ask, was the judge able to achieve that? Time travel? An amazing precognition ability that can predict, in some unbiased way, how his own rulings will be understood by the wider community?

      No, but yours appeared to be, from your comment: "I'm not saying the story's wrong, but could you have found better sources than the Daily Caller and Zerohedge?"

      You believe that wanting a better source is the same as wanting a source that tells me what I want to hear? This has to be projection on your part, because for normal human beings, wanting something "better" means "higher quality", or "something that is more of a _source_ - that is, something able to convey what happened with more accuracy - than the ones given.

      But, apparently, your view is that a "better source" is one that tells you what you want to hear.

      For the record, that might suit you, but it's not going to help you learn about the world around you. You'll end up literally becoming more and more stupid if you insist on judging sources by their point of view, rather than their ability to impart accurate information.

      Continue down that road, and you'll end up doing idiotic things. Like revealing to the whole of Slashdot that you don't understand why someone would value a "source" like the Guardian or the Daily Telegraph over a third rate politicized blog.

      --
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    30. Re:Reliable sources by squiggleslash · · Score: 1

      Look, the actual judge's order is linked in the article. Just go read that and stop attacking the source

      As I've explained several times, a judge's order is useless without context. Without context, we don't know if this is Brown v. Board of Education, or one of Judge Roy Moore's pronouncements on gay marriage.




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  2. Equal Justice Ha Ha Ha... by Anonymous Coward · · Score: 5, Insightful

    When a judge rules that a member of the Peasant Class has been intentionally deceptive; they do hard time for the crime of perjury. Has anyone written an app to cross reference: wealth, political affiliation, political connections, legal immigration status, and whether you are a member ofthe Bar, etc. to decide what laws apply to you and in what way. It gets complicated.
    Nixon can't wipe 18.5 minutes of magnetic audio tape but Hillary can wipe all the platters on a magnetic hard drive. See, it gets tricky.

  3. Whine much? by Anonymous Coward · · Score: 5, Insightful

    Both articles quote the judge's order and then... y'know... LINK the order.

    And you scream "I'll believe it when a source I approve of says it?" (HINT: And not the judge's actual order...)

    Bet you would've said the same if Slashdot had posted a Daily Kos article about a judge slamming Bush' DoJ...

    1. Re:Whine much? by Ol+Olsoc · · Score: 2, Informative

      Bet you would've said the same if Slashdot had posted a Daily Kos article about a judge slamming Bush' DoJ...

      Yes, they would have. The Carly Fiorina defense. When backed into a corner, caught in one of her blatent lies, she'd just accuse the person of working from the Trump or Clinton playbook.

      --
      The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
    2. Re:Whine much? by Ol+Olsoc · · Score: 2, Interesting

      Wow... did I strike a nerve?

      Why no Carly - I see you are still trying to shift shit around though. You do realize that your post is exactly what I posted about.

      Because NEITHER of you complained when slashdot posted articles from Daily Kos and just happily lapped it up like the kool-aid drinkers you are.

      There's a search button... it works.

      Because I have no idea of the specific posts you are referring to. But yeah, you see, you even tried to discount my opinion by accusing me of "lapping it up like the Kool-aid drinker that you ( I ) am". Perfect Carly Fiorina defense.

      --
      The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
    3. Re: Whine much? by Ol+Olsoc · · Score: 1

      Shut up, faggot.

      That's usually the next tactic

      --
      The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
    4. Re:Whine much? by Bartles · · Score: 1

      If you won't read the order how do you know the article is biased? It's pretty difficult to write an untruthful article with the original source placed front and center. What is much easier is not covering the story at all. You can go to CNN or any of the other traditional orgs for that.

    5. Re:Whine much? by Ol+Olsoc · · Score: 1

      Perhaps you'd like to link to this article that I apparently read and supported the use of Kos as a source?

      No? I'm not surprised. It never happened.

      Don't recall anyone saying you did

      The point is that one person's trashy agenda ridden media is another's fair and balanced. And vice versa.

      Which makes dismissing news for that reason weak. Giving a good dissertation on why reportage of news from a particular cite is a lie, wrong, or has a specific agenda - without just saying the agenda is conservative doodyheads or liberal hand wringers - might be a much better tactic, as witnessed boy the response you received.

      --
      The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
  4. The Same OBama DOJ by Crashmarik · · Score: 5, Insightful

    Whose attorney general Eric Holder waited until after the statute of limitation expired to decide whether or not to prosecute banks, then went to work for the same banks at a 10 million+/ year salary ?

    The same DOJ whose attorney general Loretta Lynch has been doing such a wonderful job on defending constitutional rights like proclaiming she would prosecute anti muslim hate speech in the wake of the San Bernadino attacks, would not prosecute Lois Lerner for abuse of office at the IRS, and will likely let Hillary skate on her violations of national security law ?

    Well I am shocked that attorneys from that DOJ would have ethics violations.

    1. Re:The Same OBama DOJ by Grishnakh · · Score: 3, Insightful

      And the Democratic Party wonders why Bernie supporters are refusing to do as they're told and get behind Hillary, and why some are threatening to vote for Trump.

    2. Re:The Same OBama DOJ by DaHat · · Score: 1

      Interestingly enough, thus far the judge has not blamed Loretta Lynch for this false statements... only former AG Eric Holder... who I agree, was more than a little unethical in his professional dealings.

    3. Re:The Same OBama DOJ by rahvin112 · · Score: 1

      Justice Department politicized. News at 11.

      Were you as up in arms when the Nixon administration DOJ refused to prosecute Nixon?

    4. Re:The Same OBama DOJ by rahvin112 · · Score: 2

      The only people claiming Sanders voters are going to vote for Trump is Trump supporters.

      Sanders voters are more likely to stay home and not vote at all than vote for Trump. I support Sanders, I'd rather cut my testicles off than vote for Trump. Trump'll start WWIII because some foreign leader insulted him. And if he doesn't do that he'll gut the constitution and free speech to make it so people can't insult him. He'd fit right in with the average Arab Dictator.

    5. Re:The Same OBama DOJ by DaHat · · Score: 1

      Sanders voters are more likely to stay home and not vote at all than vote for Trump.

      Which still is an implicit vote for Trump as it helps to split the Democrat vote.

      While not a Trump fan myself, I will say "thank you!!!" on behalf of a friend who is one.

    6. Re:The Same OBama DOJ by HiThere · · Score: 1

      I really doubt that Trump would intentionally start WWIII. But he might insult someone else enough that it got started because of him.

      FWIW, Hillary has apparently come out against TPP, so I'll probably grit my teeth and vote for her is Sanders loses. Otherwise I'll vote Green. It doesn't really matter, the state I live in is going to go Democrat no matter how I vote.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    7. Re:The Same OBama DOJ by rahvin112 · · Score: 1

      I don't think anyone on the democratic side needs to worry. The evangelicals in the republican party are going to stay home and that's 15% of the republican vote, and that's with the electoral math already against him and Hillary only needing to win Florida to take the white house. That is even if his past history doesn't destroy him during the real campaign which is highly likely. The media's been sitting on hundreds of prior interviews he's done over the years just waiting for the real campaign to start. Like the one where he brags about all the venereal diseases he's had, that will make one hell of a campaign add and robocall.

      Besides if I thought Trump had a chance in hell of winning I'd hold my nose and vote for Hillary. Hell I'd vote for Saddam Hussein to be president of America if I thought Trump could win. You'll find similar attitudes among many Bernie supporters. Trump doesn't have a chance, no republican did. The electoral math favors the democrats by about 100 electoral college votes. As I said all Hillary needs to win is either Florida or Ohio and Obama won both and she's beating Trump by about 20% in Florida's polls. You've got better odds to win a triple-double at the track then Trump does to win the presidency.

    8. Re: The Same OBama DOJ by jmac_the_man · · Score: 2
      The difference: Congressional Republicans demanded that Nixon resign. They voted, along with Congressional Democrats, in favor of articles of impeachment. Had Nixon not resigned, he would have been impeached and convicted with support from Democrats and Republicans.

      There wasn't any of the wagon-circling you saw with Clinton or Obama's DOJ, IRS, or EPA chiefs.

      Because Republicans hate us and want us to die... or something.

    9. Re: The Same OBama DOJ by Grishnakh · · Score: 1

      How much is Hillary's PAC paying you to post this?

    10. Re:The Same OBama DOJ by Grishnakh · · Score: 1

      Not necessarily. Some Bernie supporters (probably a small minority) *have* threatened to vote for Trump.

      However, I can see a lot of them turning out to vote, but for Stein or some other 3rd party candidate, instead. Or they might just write-in Bernie's name.

    11. Re:The Same OBama DOJ by Grishnakh · · Score: 1

      Trump doesn't have a chance, no republican did.

      I completely disagree, and honestly I think this is typical head-in-the-sand thinking from non-Republicans. The Republicans are winning all the lower-level elections: they control both houses of Congress, and they've been sweeping more and more state legislatures and governorships. Just 2 years ago, Democrats famously didn't bother turning out to vote and Republicans made huge gains nationwide.

      With Hillary as the Democratic standard-bearer, and lots of younger people mad about how Bernie's been sidelined, I don't expect it to be any better this year. Dems and other non-Republicans are going to stay at home, and Republicans are going to make more gains, and take the White House too.

      Don't forget, Republican voters, in general, are *much* more reliable about getting out to vote. Additionally, they're really big single-issue voters. Right now, their two big issues are immigration and guns. Trump has been endorsed by the NRA and is painting Hillary as a huge gun-grabber, and apparently has a concealed-carry permit himself so he actually is consistent on that. And of course he's also loved by the anti-immigration (legal or otherwise) folks for his stance there. By contrast, Hillary is completely despised by people on the right. Even if they have to hold their nose to vote for Trump, they'll do it to make sure she doesn't win. Toss in the fact that she's despised by so many on the left (the Bernie lovers) and things don't look good for her.

      Finally, I think Trump is a much better candidate than her (which isn't saying much I'll admit). Hillary is a huge warmonger. She's criticized Obama for not doing more warmongering, and she's a huge fan of Henry Kissinger, who bombed the shit out of Cambodia. I'd rather have Trump in there than have her start yet another war. He may be unpredictable, but he's not sold out to anyone but his own ego and has criticized warmongering and the Iraq War (royally pissing off Bush), while Hillary voted for the war.

      Trump's past is not a problem. He's been flip-flopping all over the place and people have voted for him anyway. They don't care about his past. They like what he stands for, that he's claiming to work for working-class whites (who the Dems haven't done anything for lately), and they've finally realized that the establishment Republicans are working against their best interests. Who knows how much they really *like* him, but it doesn't matter: to them, he's the best option they have in this race, by a long shot, except for Bernie, who they don't really like because they're generally conservative and wouldn't vote Democratic anyway even if he is the best choice for their interests (which he is).

    12. Re:The Same OBama DOJ by Grishnakh · · Score: 1

      Are you really naive enough to believe Hillary when she flip-flops like that?

      Trump really *is* against the TPP, unlike Hillary, so if that's the most important issue to you, Trump is the rational choice. Trump's flip-flopped on a bunch of things, but not the trade issue.

    13. Re:The Same OBama DOJ by Frank+Burly · · Score: 1

      Wikipedia says Holder's net worth is $10m, so I doubt he makes that per year. Any source for that, or the allegation that he waited until after the statute of limitations had run to prosecute the banks?

    14. Re:The Same OBama DOJ by rahvin112 · · Score: 1

      No one and I mean not a single person knows what Donald Trump is for or against other than himself. He's a liar that will say or do ANYTHING to get elected. The funny thing is half his supporters acknowledge this with winks and nods that claim he'll not do the stuff he's said that they don't like as if they can actually predict what he's lying about. Trump will do and say whatever it takes to win.

      You don't have any fucking idea what he believes or what he'll do if he won. The only thing you can be certain of is that Donald Trump will do whatever is in Donald Trumps best interest without regard for anyone else. That is the one consistent thing he's done his entire fucking life. You and all the other voters aren't even insects to him.

    15. Re: The Same OBama DOJ by AK+Marc · · Score: 1

      Plenty of wagon-circling with Reagan's treasonous deals with Iran. Or is it only bad when the Democrats do it?

    16. Re:The Same OBama DOJ by Grishnakh · · Score: 1

      He's a liar that will say or do ANYTHING to get elected. ... Trump will do and say whatever it takes to win.

      Yes, but you can say the exact same thing about Hillary.

      The only thing you can be certain of is that Donald Trump will do whatever is in Donald Trumps best interest without regard for anyone else.

      Again, Hillary is the same, and quite likely much worse because she's in it for the money and the power, and is sold out to various interests, which is how she and Bill have become nearly billionaires. At least Trump is already rich and there's no evidence he's sold out to anyone. He's just in this for his own ego; he wants to go down in history as a President of the US. He might even do a decent job if he wants to go down in history as a good president.

      That is the one consistent thing he's done his entire fucking life.

      Hillary's been consistent that way too. Look at how she's attempted to destroy the reputation of every woman that Bill sexually assaulted.

      You and all the other voters aren't even insects to him.

      Sounds just like Hillary. Go read about how she treated the White House staff back when she was First Lady.

      Honestly, it's really pathetic that we're sitting here arguing over who's a bigger liar and who's more evil, since we idiot voters are poised to vote for one of them or the other, instead of the one guy who doesn't have any of that baggage.

    17. Re:The Same OBama DOJ by Grishnakh · · Score: 1

      It's easy for me: Trump is obviously to the left of Hillary, though not by much. With Trump, I won't worry as much about another war, whereas with her it's virtually certain. I think he's just an egomaniac blowhard who thinks he knows what's best for the country.

      As for Hillary for VP, I think that's a terrible idea because she's sure to have Bernie knocked off. There's a long trail of bodies surrounding the Clintons.

    18. Re:The Same OBama DOJ by sjames · · Score: 1

      I am considering voting for sanders as a write-in.

    19. Re:The Same OBama DOJ by Toad-san · · Score: 1

      To be fair, Holder isn't going to work for the same banks .. not directly anyway. He's returning to the same law firm he left to take the Attorney General job:

      http://www.alternet.org/news-a...

      The fact that the law firm has those same banks as clients might perhaps explain how and why he got the Attorney General job in the first place, ne?

      His replacement, Loretta Lynch, is no better:

      http://www.theatlantic.com/mag...

    20. Re: The Same OBama DOJ by Bartles · · Score: 1

      If you can show me video of Trump or Hillary supporters throwing chairs, I will agree with you.

    21. Re: The Same OBama DOJ by Bartles · · Score: 1

      There were never charges that Nixon was responsible for the Burglary. In fact that was not in the articles of impeachment. It was the cover up, not the crime that did him in.

  5. Nothing to see here. Move along. by __aaclcg7560 · · Score: 1, Troll

    No surprise here. The 26 states don't have a case, found a sympathetic Republican-appointed judge who made a ruling favorable to the states, and judge retaliated against DOJ because the Obama Administration is moving ahead while repealing the decision. Republicans are always screaming about judicial activism — except their own, of course.

    1. Re:Nothing to see here. Move along. by Anonymous Coward · · Score: 1

      If not for that pesky 5TH circuit upholding his injunction.

      You are nothing but a fucking zealot.

    2. Re:Nothing to see here. Move along. by DaHat · · Score: 1

      First...

      because the Obama Administration is moving ahead while repealing the decision

      Are you sure they are 'repealing' the decision? Though I guess that is the sort of thing an administration which doesn't respect the rule of law unless it says what they want it to say would attempt.

      Assuming you mean 'appealing':

      and judge retaliated against DOJ because the Obama Administration is moving ahead while appealing the decision

      Nice fictitious narrative you've got there. Wants some facts?

      The DoJ lawyers confirmed to the judge that these policies had not yet gone into effect at the time, and that they were not going to go into effect until a specific later date. The judge barred them from implementing the very same polices until after the case had completed... something which normally is within the power of a judge.

      As it turns out, the DoJ 'misrepresented' material facts, such as the facts that the polices had quietly been implemented months earlier and had continued after the judges initial ruling.

      You call this 'retaliation'? Most call this kind of activity: contempt of court, perjury and grounds for disbarment.

      Tell you what, go in to court, assure the judge that you've not had a drink since that DUI you are accused of, have him bar you from any drinking until the case is over... see what happens if he finds out about the amount of drinking you did both before & after his ruling.

    3. Re:Nothing to see here. Move along. by DaHat · · Score: 1

      Most judges don't like being willfully lied to... repeatedly.

      Oh no, you will be looking at a contempt charge at a minimum, and much less 'first time' deference when your DUI case is decided.

    4. Re:Nothing to see here. Move along. by DaHat · · Score: 1

      So you are saying this Judge is soft then?

      The lawyers who have lied in his courtroom have likely been barred from ever arguing before him again... one hopes a President Trump elevates a straight shooting judge like this and further limits the careers of those DoJ folks.

      Everyone is talking disbarment and jail time

      If you bothered to read TFA, you'd see the judge acknowledged he lacks the authority to disbar them. More so, jail risks (largely baseless) screams of "separation of powers!"

      The DoJ is however on notice regarding this behavior, setting a fairly clear president of should they fail to act as they are required in this and court rooms of the other 26 plaintiff states.

    5. Re:Nothing to see here. Move along. by sumdumass · · Score: 1

      Neither Obama nor his administration has a lawful ability to repeal a judge's decision. Only a higher court or a change in law or the U.S. constitution can do so.

    6. Re:Nothing to see here. Move along. by __aaclcg7560 · · Score: 1

      You are nothing but a fucking zealot.

      That means what exactly?

    7. Re:Nothing to see here. Move along. by __aaclcg7560 · · Score: 1

      Another hypocrite who will whine about abandoning the rule of law, ignoring regulations and abuse of government power - Except their own, of course.

      I'm no longer a Republican.

      BTW - that's "appealing" the decision. A freudian slip I'm sure wasn't intentional or how your rose-colored view of the world works in your mind.

      Uh, no. I traded in my rose-colored glasses when I became a Democrat. I read an article about the House repealing the 2001 war authorization before I made my comment. The word stuck in my mind.

      http://thehill.com/policy/defense/280339-house-to-debate-repealing-2001-war-authorization

    8. Re:Nothing to see here. Move along. by __aaclcg7560 · · Score: 1

      Neither Obama nor his administration has a lawful ability to repeal a judge's decision.

      Correct. I got appeal confused with repeal because I read an article that the House is going to repeal the 2001 war authorization before I made my comment.

      http://thehill.com/policy/defense/280339-house-to-debate-repealing-2001-war-authorization

  6. Re:Only one nerd story on slashdot right now by __aaclcg7560 · · Score: 1

    No wonder this site has fallen

    Now that everyone is a nerd, anti-social nerds are a dying breed.

  7. Disgusting by DarkOx · · Score: 5, Interesting

    Lynch and Holder have run the most overtly corrupt (and therefore like most corrupt) DOJ in history.

    I don't care much for Trump but I sure as hell hope he wins at this point because we need someone with the stones to actually look into and prosecute members of the former administration for their misdeeds. I can understand why that isn't a precedent most politicians want to see set, but its the only way we are going to get things cleaned up.

    --
    Repeal the 17th Amendment TODAY! Also Please Read http://www.gnu.org/philosophy/right-to-read.html
  8. Ethic classes for lawyers? by Opportunist · · Score: 1

    That can't be compatible with the 8th.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    1. Re:Ethic classes for lawyers? by PPH · · Score: 1

      Lawyers file a hostile working conditions class action suit in 3 ... 2 ... 1 ....

      --
      Have gnu, will travel.
  9. Next step - disbarment by AnalogDiehard · · Score: 1

    The Obama DoJ has a long history of questionable ethics and former AG Eric Holder was held in contempt by Congress for stonewalling and withholding documents. A judge can refer any counsel to the bar for disbarment proceedings over ethics violations, as what has happened to one of the Prenda lawyers. Seeing firsthand evidence of the DoJ ethics in the case before him, this was his shot over the bow that he was not leaving out that option.

    --
    Eternity: will that be smoking, or non-smoking? I Corinthians 6:9-10
    1. Re:Next step - disbarment by Bartles · · Score: 1

      So, are you saying that because he is the Birther Judge, the DOJ did not, in fact, lie in Federal Court?

    2. Re:Next step - disbarment by Bartles · · Score: 1

      Would you take the DOJ admission to lying as fact?

  10. SpinSpin by Hylandr · · Score: 2

    This post is spinning so fast it's hard to read.

    What was *really* said and which side is in trouble?

    --
    ~ People that think they are better than anyone else for any reason are the cause of all the strife in the world.
  11. Re:Secular taliban by Impy+the+Impiuos+Imp · · Score: 1

    Activist judges, presidents with executive orders, and a supine Congress with no backbone to stand up to it.

    Rather let them get away with it and hope it blows up in their face than stand up to it and get called names.

    --
    (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
  12. Re:Reliable sources? Give me a break by quantaman · · Score: 2

    So?
    You quote left-wing rags, founded and subsidized by sociopaths and psychopaths, ALL THE TIME!

    I do? Maybe you've looked through my posting history and saw something I'm forgetting but I try to keep my sources pretty respectable. And yes this means I try to avoid citing the HuffPo.

    The Washington Times is not a reliable source of information. I'm sure they report lots of good stories, but if you go to the Washington Times as a primary source it's really hard not to come away with a severely distorted view of events.

    --
    I stole this Sig
  13. Re:Only one nerd story on slashdot right now by Impy+the+Impiuos+Imp · · Score: 1

    I follow Supreme Court law blogs including Volokh, so on this story I'm dtf, but it is puzzling why slashdot has it.

    --
    (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
  14. Oh. It's the Birther Judge... by Anonymous Coward · · Score: 2, Insightful

    The same judge who took (and is still taking!) Orly Taitz' birther case seriously. Really.

    So the deal is that a judge who is so unethical and biased that his decisions are guaranteed to be reversed on appeal still has some power -- before he makes a decision. So he keeps the cases going on and on, throwing around the full power of a federal judge, even though he's a nationally recognized disgrace. Basically if WorldNetDaily had the power to appoint judges, they'd have a hard time topping this clown.

    Why not impeached yet? It would require Congressional action, and his antics draw conservative praise while not actually causing any long-term harm since they'll be overruled. So he's there for life.

  15. Is this even remotely Tech related? by Anonymous Coward · · Score: 1

    This is a legal and political story.
    If the Judge is not just spouting, he can report them to the Bar.
    Or hold them in contempt.

  16. Can I ... by PPH · · Score: 2

    ... just have a buddy take the class and sign my name for attendance?

    --
    Have gnu, will travel.
  17. Ethics Slap on the Wrist by Anonymous Coward · · Score: 1

    You know, if an ordinary human being lies to a judge, in a court, under oath, it's called perjury. You go to jail for that.

    Oh, these are lawyers, they get special treatment? Right, so there's a higher legal standard for officers of the court. They are never, never to bring the administration of justice into disrepute. They've done that too.

    A remedial ethics class is the merest slap on the wrist. What is called for is prosecution and disbarment. But you know, these are DOJ lawyers, so apparently they have a Get Out Of Jail Free card.

    Wasn't Lady Justice supposed to be blind?

  18. If they are intentionally deceptive... by mark-t · · Score: 1

    ... then taking a class is not going to change anything. If anything, it is going to teach them how to be *more* deceptive so that they won't get caught.

  19. Re:Scooped by like everybody by whipslash · · Score: 2

    Yes there are automated aggregators now, including Google. Slashdot still relies entirely on human editors. The main benefit of Slashdot is the discussion, not the speed of breaking stories.

    "Slashdot is not the Wall Street Journal. It is not The New York Times. Slashdot is an informal meeting ground. A town hall. A pub. A bulletin board in the quad on campus. Here people might not properly capitalize a proper noun. They might transpose letters in 'thier'. They might use jargon that isn't in oxford. And all of that is OK with me." -Cmdr Taco https://news.slashdot.org/stor...

    You're welcome to go somewhere else if you want the most up to date breaking stories, but we have decreased the window of old stories drastically since the site changed ownership hands a few months ago. Looking back at comments from 16 years ago though, and not much has changed with the "this isn't breaking news" or "this isn't news for nerds" gripes. Guess it's somewhat of a hobby.

  20. Re:Oh. It's the Birther Judge... by hey! · · Score: 1

    You can't impeach someone for being a paranoid and incompetent.

    --
    Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
  21. Re:Oh. It's the Birther Judge... by hey! · · Score: 1

    Impeachment is a political act, not a criminal one. They can impeach someone for anything, such as corruption, incompetence, or because it's Tuesday.

    Nope. Federal impeachment, while it obviously has political dimensions (duh) is for criminal offenses only. You need at least some pretext of criminal misconduct to use it. Here is what the US Constitution says about the impeachment of federal office holders:

    The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other High crimes and Misdemeanors.

    Impeachment is effectively an indictment, which is followed by a trial. Impeachment of a federal judge is a big deal, because the trial has to be conducted by the entire US senate. In the entire history of the US there have been fifteen federal judges impeached, resulting in a total of eight convictions. None of them were for incompetence or Tuesday-ism.

    I wonder where people get their civics knowledge.

    --
    Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
  22. Funny coming from you by dbIII · · Score: 1

    Most judges don't like being willfully lied to... repeatedly.

    How about you provide that evidence that you have not been lying to me repeatedly?

    1. Re:Funny coming from you by DaHat · · Score: 1

      How cute, you think you bait me into spending any more substantive time on you, despite your continued stalking.

      You still are not worth my time.

    2. Re:Funny coming from you by dbIII · · Score: 1

      You wasted a VAST amount of time repeating the email thing over and over but no Pfizer stuff in sight despite you saying otherwise.
      Go on - it will only take a few seconds to cut and paste to prove that you are not a liar.

      It's not "stalking" - it's a consequence of your actions and me asking you to prove that your word is not entirely worthless.

  23. News for Nerds? by seven+of+five · · Score: 1

    WTF is this??

  24. Re:Reliable sources? Give me a break by quantaman · · Score: 1

    Since you apparently can only judge a book by its cover:

    YOU are not a critical thinker

    YOU are too lazy to be objective

    YOU are not able to coming to an independent judge

    YOU are the kind of person who makes decisions based on ideological purity and truth

    YOU are not the kind of person who should be trusted for advice or honesty

    A person who is a critical thinker can read Pravda, Das Kapital, and the scribbles of uneducated slaves, and still extract useful information. You are claiming you are incapable of doing that if the color of the book is wrong or if the author is someone you do not like or of the wrong skin color! You are not much to judge or to give advice!

    You're (ironically) making a lot of unwarranted (though mostly unfalsifiable) assumptions, including a bizarre closing claim that I'm racist all based on the fact I try to avoid relying on unreliable sources as support for my arguments???

    Contrary to your portrayal some of my most read sources are viewpoints that I strongly disagree with, and as opposed to making decisions based on "ideological purity and truth" I'd say my actual flaw is being a contrarian who resists ideological purity in favour of pragmatic goals.

    The problem is the Washington Times and similar sources is they're actively and aggressively trying to persuade you of their world view and crafting the narrative to achieve that goal, a critical thinker would realize that although the report contains elements of truth it's non-trivial to determine which elements are the truth.

    My objection was sending someone to the Washington Times as a primary source, the reasons for a person to do that is if they're trying to deceive the audience or if they're already so deceived themselves that they think they've found a good source.

    --
    I stole this Sig
  25. Re:So sorry, but when you typed by HiThere · · Score: 1

    While I only dispute your assertions to the extent that I date it the conflicts back to the 1950's, and probably consider the Korean War to be the start of it, that's not what anyone who uses the term WWIII means. As you probably knew.

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.