Lake Erie Conservative

thoughtful discussion(s) about issue(s)

Posts Tagged ‘federal district court’

… the ObamaCraps have been Grossly Abusing the F.O.I.A. System [#”White House equities]…

Posted by paulfromwloh on Friday,November 11th,2016

.. yea , you heard it right ..

.. those ” equities ” come from a memo that came from the ObamaCrap White House in April of 2009 . They have inserted what are called ” White House equities ” into the FOIA request process . The question is is whether what they have done is legal or not ? …

.. to be honest , NO !! ..

.. the White House has a right to beef about FOIA request that are made to the White House itself . Making those requests of the Agencies of the Executive Branch is one thing . Making them of the White House itself is something else . So , at that point , then they can object …

.. [h/t — HotAir.com]..
.. [link] to the blog post …

.. but with ” White House equities ” involving itself in the actions at the Agencies ? Un – uh . Those FOIA requests are to be evaluated at the agency itself , not at the White House . It was not the way the FOIA request system was intended to work . It was also not the way that it was put together to operate …

.. so , somebody with a FOIA request should challenge this , and pursue this in court . The judgement of a federal district court judge should interject an interesting element into this now – bastardized process ..

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… yep , More E – Mail trouble for Miz Hillary [#ap]…

Posted by paulfromwloh on Tuesday,June 14th,2016

.. except that it gets worse ..

.. this time it is from the Associated Press . Yes , the wire service ..

.. they are only asking for 60 e – mails . Just 60 . But it has taken the bureaucratic dummies at State more than 2 years to even find just a few of them . no , they have not yet found a majority of them , yet …

.. [h/t — Newsmax.com]..
.. [link] to the blog post …

.. except now that the AP is getting pissed , and they have sued under the F.O.I.A. doctrine . With the beefed – up legal doctirine that FOIA has , State must move , and move mush faster ..

.. they had better . The case is now before a federal district judge , and the AP drew a hard case , Richard Leon , a Dubya appointee . Leon is pissed at the State Department , and is taking no crap . He has them on tight deadlines , and will brook no excuses …

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… What Comes With a Grant of Immunity [#legal steps]…

Posted by paulfromwloh on Tuesday,March 8th,2016

.. well , it is a request made to a federal district court judge . The judge makes the order official ..

.. it does not make the witness free to lie . Far from it . The one sin that a witness may not commit is perjury [lying about a material fact] . You commit perjury , you have committed a felony , and you are going to jail for a good – sized stretch [like 5 years] …

.. there is what is known as ‘ Use Immunity . ” The gRAnt of Use Immunity only gives the witness protection against the testimony that he / SHe gives in front of the grand jury . That , and only that . usually only use immunity is granted ..

.. [h/t — Newsmax.com]..
.. [link] to the blog post news >>

.. when a grant of full immunity is granted , the testimony that is wanted by the Government is very highly desired . The testimony will not go to waste . The Government wants to use it against someone else , like a much higher fish on the totem pole ..

.. gee , I wonder who ?? [read — Miz Hillary , Mr. Bill]..

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… The Issue is ” Disparate Impact ” [#legal theory]…

Posted by paulfromwloh on Saturday,December 5th,2015

.. my home state of Ohio is involved in one honey of a brawl over the management of early voting . It is a doozy . Now the US Supreme Court has gotten involved . They had no choice , to be honest …

.. The political leadership thought that there needed to be ” reform of the reform . ” Early voting is nice , to be sure . But it is too much of a good thing . The Ohio Legislature acted to bring some rhyme and reason , along with some restraint to the process . They pulled back the reins on the Early Voting process , and granted the county boards of election [who , along with the Secretary of State , manage the process in Ohio] more ability to manage their financial and personnel resources …

.. The radical left had a massive hissy fit . So , as usual , they decided to bring a lawsuit . They wanted to find a ” friendly judge . ” Unfortunately , downstate , in the central and southern districts of the state , they found one .  The radical activists sought out a friendly judge in order to get a favourable ruling in their lawsuit . They brought the lawsuit in order to bring back elements of early voting that the state of Ohio does not deseire to have remain in effect …

.. These are things that the State has found are totally unnecessary .One is ” Golden Week , ” where people may register and then vote at the same time . That is outrageous . A county board of elections in my state deserves the right to check databases in order to verify the legitimacy of the registration . Another is evening voting , along with Sunday voting . The BOEs have a right to manage their resources , according to the will of the vovters and the legislature of the State of Ohio . It is not the province of a radical activist judge , whether it be a district court judge , or a group of appeals court judges , to impose their judgement , where their idea of the law has been total rejected by the vast majority of the courts …

.. Theier problem is over what is known in legal circles as ” disparate impact ” legal theory . Generally , you need to have direct impact of evidence of discrimination to interfere with their management of their affairs . What disparate impact does is sinister . It infers discrimination based upon the numerical impact on various ” protected classes , ” such as minorities . Once that happens , then the burden of proof flips to the other party to prove legitimacy , which , usually is next to impossible …

.. The impact of ” disparate impact ” usually ends up leading to greatly enhanced affirmative action . Not just affirmative outreach to affected groups , mind you … It means the adoption of numerial goals , or , in effect , quotas , by class , gender , etc …

.. there you see the problem . The liberals and the radical activists still cling to this outdated and racist legal theory . It has been discredited , time after time after time . Yet , these nutjobs still act to cling to this …

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… In the 5th Circuit , the Government Just Missed … [#Texas v US]…

Posted by paulfromwloh on Friday,October 9th,2015

.. getting its butt kicked in court .

.. Why not ? Simple — His Lordship ‘ s antics on DAPA and DACA are that important , and deserve a full and public airing . boy , oh boy , was the judge ever pissed . That advisory that came through at the pleadings at the beginning of March [March 4th , to be specific] landed like a lead balloon in Judge Andrew Hanen ‘ s court . . So , now what ???

.. [h/t — WashingtonExaminer.com]…
.. [link] to the blog column ..

.. the has to know what is going on . Judge Hanen stopped just short of what is known as ” striking ” the government ‘ s case . What does that mean ? GAme , set , and match . If the government ‘ s case [and its pleadings] were ” stricken , ” then goodbye case . You could forget about any appeals to anywhere , including to SCOTUS …

.. because of the importance of the case , the case was not stricken . But the judge still can act to strike the case , if he finds more evidence of government misconduct . Especially if the misconduct goes much further up the line in the Department of InJustice , or even into the ObamaCrap White house …

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… You Have to Be Kidding [#sham marriage suit in Oregon]…

Posted by paulfromwloh on Monday,October 6th,2014

.. yet , here it is …

.. having to deal with a radical activist AG in Oregon is bad enough .

.. in a case in an Appeals Circuit [the 9th Circuit] that is the very worst for radical activism in the U.S. is even worse . This circuit was the home base for the pro – so – called gay marriage case Hollingsworth v Perry , right out of California …

.. [h/t — m.NationalReview.com(BenchMemos)]..
.. [link] to the case documents …

.. but active collusion betwee the parties ?? … come on ??? …

.. it is clear from the documentation that the National Organization of Marriage has got the State and the opposing parties dead to rights . They were caught in the act of active and open collusion before , during , and after the court case . Even during the appeallate phase …

.. it is clear that this case should be vacated and reversed . It will be brought again , without doubt . However , the private parties should be allowed to fight it out . The state of Oregon should be ordered to stay out of it , and should be severely sanctioned for its misconduct …

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… Great News on Gun Rights [#Peoples Republic of D.C.]

Posted by paulfromwloh on Sunday,August 3rd,2014

.. yes , it is free .

.. our nation ‘ s capital is now no longer a gun free zone ..

.. for many years , the District of Columbia has had one of , if not the fiercest gun grab laws in the country . You simply could not carry a gun on the streets of the District for ANY reason , for more than 50 years ..

.. [h/t — LegalInsurrection]..
.. [link] to the legal opinion ..

.. it will be interesting to see what the D.C. city government decides to do . This case is in federal court , not the captive courts of the District , and would go up to the D.C. Circuit Court of Appeals , where both Heller and McDonald originated . I think that the government wants to appeal this , and maintain their precious gun ban , but the gun grab groups may well be having second thoughts ..

.. First , this one has to go to the D.C. Circuit Court of Appeals . It now has a more stacked 7to4 democrap majority , but Heller and McDonald are binding precedent . They just may well try to mess with them, surprisingly enough . Doing so , though , would piss off the Supremes ….

.. Heller and McDonald were decided 6 to 3 , not 5 to 4  , so they are not slim majorities . The gun – grab groups may not want to risk setting a nationwide case precedent . Drake v. Jerejian might be one case . Moore v Madigan might be another case . Palmer just may be a case were  the gun grab groups are stupid enough to push it up the way , and have it blow up in their faces  ..

.. especially when the definition of ” bear ” arms comes from , not a majority opinion , but a dissent , and of all people , from Justice Ginsberg in a dissent in another case …

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… Now the IRS has a Very Serious Problem [#IRSGate]…

Posted by paulfromwloh on Wednesday,July 16th,2014

.. that is for sure ..

.. also , Judicial Watch has struck again .

.. [h/t — Yahoo.com/News]..
.. [link] to the news story ….

.. Judge Emmett Sullivan is a hard ass . He will not take any guff . When Judicial Watch brought a F.O.I.A. suit for the emails [Lerner’s], I knew that the Service had a very serious problem . Now , with the continued emergence of Lerner e – mails in drip-drip-drip , she looks guilty as sin …

.. and Eric Holder looks like a corrupt bastard ..

.. Judge Sullivan has order the Service to start coughing up e – mails . That is the underlying text of his order this day [Thursday 07/10/2014].. He does not believe the Service , anymore than I do …

.. Those e – mails are there . It is only a matter of time before they come out . Either Judicial Watch ‘ s FOIA lawsuit will pull them out , or True the Vote ‘ s suit , but the digging is underway …

.. even better than a special master , Judge Sullivan has appointed his magistrate to oversee the situation . Federal Judges do not magistrates wasting their time , so the magistrate will be able to apply plenty of pressure to the Service . Also , with the Judge ‘ s blessing , he / she will have plenty of room to run and roam ….

.. more than likely , Sullivan is well aware of other legal action seeking the same information [A.C.L.J. / Cleta Mitchell , principally] . So , it is likely that there is more than one judge applying pressure , as well as more than one appeals circuit [D.C. , 4th , 2nd, 6th] . That is a lot of firepower .

.. Also , Sullivan is an institution in D.C. . He is well known by the folks in D.C. . The Service does not want a pissing match with him . The D.C. Appeals Court is in the same building , while the 4th Circuit is located down in Richmond . Also , do not forget the Supreme Court …

.. it will be fun to see the media coverage of this , given Judicial Watch ‘ s recent history . Tom Fitton is straight – laced and quite , and is not a publicity hound . He lets his work do the talking …

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