January 04, 2011

Appeals Court Rejects Walpin's Appeal Over Unlawful Firing
— Ace

The rules about firing an Inspector General were supposed to give him insulation from political blowback for embarrassing politicians. This is the whole point of the posting. If an IG does not have some amount of independence -- bright-line law-protected independence -- then he's just another at-will employee serving at the pleasure of his boss.

And how many at-will employees buck their bosses? Not many.

But that's what an appeals court has decided, establishing a new legal principle, There is no "I" in independent.

If you don't remember, Walpin was IG for AmeriCorps and began asking some embarrassing questions:

In June 2009, Walpin was the inspector general for the Corporation for National and Community Service, which oversees the AmeriCorps service program. He had been aggressively investigating the misuse of $800,000 in AmeriCorps grant money given to a program run by Kevin Johnson, the mayor of Sacramento, California who also happens to be a prominent Obama supporter. As a result of Walpin's investigation, Johnson was, for a while, suspended from receiving any new federal grants. Later, an acting U.S. attorney who was seeking a post in the Obama administration refused to pursue the Johnson matter. Inside the Corporation, Walpin expressed his unhappiness with that decision and his desire to continue investigating corruption in Sacramento.

So Obama fired him, in complete defiance of the law's requirements of thirty days' notice to Congress plus a good explanation for such an act. So the administration quickly backtracked, and said he wasn't fired but just on "administrative leave" for 30 days, and then, of course, after 30 days, he was officially fired.

Then the explanation they gave was that he was a doddering old man and no longer had the president's confidence.

The Court of Appeals decided, hey, close enough to the law's requirements!

The three-judge panel ruled that the White House's decision to place Walpin on administrative leave for 30 days (after telling him he was fired) did not violate the law. Further, the judges ruled that Obama's explanation that he no longer had "fullest confidence" in Walpin "satisfies the minimal statutory mandate that the president communicate to the Congress his 'reasons' for removal."

It is an across-the-board defeat for Walpin. But it is also a clear danger sign for the independence of inspectors general. The court's decision effectively means that the president can remove future inspectors general immediately, without notice to Congress, simply by placing an inspector general on immediate administrative leave, following by formal firing 30 days later. Also, the president can simply tell Congress he did it because he no longer has confidence in the inspector general.

Such a scenario is not what the bipartisan group of lawmakers had in mind when they crafted the protections for inspectors general. Whether they will strengthen the law as a result of the Walpin case remains to be seen.

Thanks to rdbrewer.

Posted by: Ace at 12:12 PM | Comments (154)
Post contains 494 words, total size 3 kb.

1 We're simmering along.  God help them when we boil over.

Posted by: kathysaysso at January 04, 2011 12:15 PM (ZtwUX)

2 Where else could he appeal this?

Posted by: joncelli at January 04, 2011 12:15 PM (RD7QR)

3 My husband's all-knowing, libtard niece works for AmeriCorps.

Posted by: Jane D'oh at January 04, 2011 12:16 PM (UOM48)

4 The holidays must be over, the daily outrages are happeneing again.

Posted by: Luca Brasi at January 04, 2011 12:16 PM (YmPwQ)

5

Cocksuckers in the DC Circuit.

I f'ng hate this profession.

Posted by: laceyunderalls channeling AmishDude level rage at January 04, 2011 12:16 PM (pLTLS)

6 In the press, if we had one - instead of the propagandists we're stuck with.

Posted by: kathysaysso at January 04, 2011 12:16 PM (ZtwUX)

7 Oops - I was answering joncelli @ 2

Posted by: kathysaysso at January 04, 2011 12:17 PM (ZtwUX)

8 Zombie Nixon approves.

Posted by: toby928™ at January 04, 2011 12:18 PM (S5YRY)

9

two words - man-date.

I one.

I'm the Wun.

Go Orunj!

Posted by: Barack H Obama at January 04, 2011 12:19 PM (51Lv9)

10 Most transparent, hopeychangey administration ever.

The holidays were nice.  Back to full-blown rage mode.

Posted by: Jane D'oh at January 04, 2011 12:19 PM (UOM48)

11 rockmom suggested Issa investigations enlist Walpin.

Posted by: maverick muse at January 04, 2011 12:20 PM (H+LJc)

12 This is why laws exist... to defeat themselves and put a fig leaf on executive fiat. Does anyone really think laws have a clear meaning any longer? Ask GM bondholders prior to the "bankruptcy" giveaway. Ask the victims of voter intimidation whose cases remain unexamined by Holder's DOJ. The city limits of Chicago now seem to extend from San Francisco to Cape Hatteras.

Posted by: George Orwell at January 04, 2011 12:21 PM (AZGON)

13

OT: Boehner is certainly good for some things.

Namely, being a complete smartass.

"The House is going to pass legislation to repeal that now. You're welcome".

Posted by: laceyunderalls at January 04, 2011 12:21 PM (pLTLS)

14 But...but.....but....Booooosh blew Valery Plame's cover

Posted by: Lemmiwinks at January 04, 2011 12:22 PM (54F2e)

15

*sputtering, incoherent rage*

Nice to know Obama hasn't changed his commitment to the utter dismemberment of the rule of law while he was on vacation!  That wouldn't be change we can believe in!

Posted by: MWR at January 04, 2011 12:22 PM (4df7R)

16 Eh...The problem is...if the President does something illegal what is the correct remedy.  Running to the court and asking the court to correct it.  No, that's wrong the court should not be able to order the President to do anything.  The remedy for a violation of law by the President is censure or impeachment/removal by the Congress.

Posted by: Gov98 at January 04, 2011 12:24 PM (+yyD7)

17 Boehner wrote: Senators Reid, Durbin, Schumer, Murray and Stabenow: Thank you for reminding us – and the American people – of the backroom deal that you struck behind closed doors with ‘Big Pharma,’ resulting in bigger profits for the drug companies, and higher prescription drug costs for 33 million seniors enrolled in Medicare Part D, at a cost to the taxpayers of $42.6 billion. More, please.

Posted by: George Orwell at January 04, 2011 12:25 PM (AZGON)

18

 

Eat the Salad.

Posted by: Affirmative Action Jackson at January 04, 2011 12:25 PM (51Lv9)

19 Boy, isn't Fitzfong lucky that W didn't play this way. Or Nixon for that matter. Which brings me back to my earlier points made earlier... if the rules are applied such that they don't apply to democrats and will be harshly applied to republicans, why not make the rules a little more helpful to republicans? or at least less onerous to us?

Posted by: joeindc44 at January 04, 2011 12:26 PM (QxSug)

20 Ahh... All the transparency is blinding me!!

Talk about a fucking stupid decision, but given cronyism and all the political bullshit, is it any real surprise? There was no way the Court was going to back Walpin, because it might infringe on POTUS' power to do whatever the fuck he wants and protect his buddies, even if it contravenes the law.

Posted by: Penfold at January 04, 2011 12:27 PM (1PeEC)

21

"The House is going to pass legislation to repeal that now. You're welcome".

Okay, that just helped balm my wounds a little bit.  Thank you, Boehner, for proving you're not a COMPLETE wussy.  You're still on probation, though, bucko.

Posted by: MWR at January 04, 2011 12:27 PM (4df7R)

22 I would say something but, I'm preoccupied with the afterglow of becoming the new Speaker.

Posted by: John Boehner's Only Testicle at January 04, 2011 12:27 PM (EL+OC)

23

I wish our Pres. would eat more than salad.

He's starting to look like Tyron Biggums.

Posted by: laceyunderalls at January 04, 2011 12:28 PM (pLTLS)

24 17 Boehner wrote: Senators Reid, Durbin, Schumer, Murray and Stabenow: Thank you for reminding us – and the American people – of the backroom deal that you struck behind closed doors with ‘Big Pharma,’ resulting in bigger profits for the drug companies, and higher prescription drug costs for 33 million seniors enrolled in Medicare Part D, at a cost to the taxpayers of $42.6 billion. More, please. Posted by: George Orwell at January 04, 2011 04:25 PM (AZGON) That's actually mildly awesome. Keep it up and I'll send him some whiskey and a carton of smokes just to keep him hungover and edgy.

Posted by: joncelli at January 04, 2011 12:28 PM (RD7QR)

25

Cocksuckers in the DC Circuit.

I f'ng hate this profession.

Posted by: laceyunderalls channeling AmishDude level rage at January 04, 2011 04:16 PM (pLTLS)

Honestly, I sometimes hate being right.

Sometimes.

Posted by: AmishDude at January 04, 2011 12:28 PM (BvBKY)

26

Gee, for someone who studied the law so, um, studiously, going so far as to teach the nation's ultimate law, the Constitution, Obama sure doesn't abide by it very well.

Posted by: BackwardsBoy at January 04, 2011 12:29 PM (b6qrg)

27 26

Gee, for someone who studied the law so, um, studiously, going so far as to teach the nation's ultimate law, the Constitution Shariah, Obama sure doesn't abide by it very well.

Posted by: BackwardsBoy at January 04, 2011 04:29 PM (b6qrg)

FIFY

Posted by: B. Hussein Obama of the Future at January 04, 2011 12:31 PM (4df7R)

28

You will recall that, after the false accusation of assault that led to the Tailhook scandal, the Navy was so spooked by Pat (spit) Schroeder and her buds that they graduated the first two women from F14 school with failing grades. The F14 is a two-seater, which meant the Navy took two folks who hadn't done them any harm and put them in the rear seat with pilots who were, by Navy standards, not qualified.
One blew an approach--I read the report--and got killed.  Her backseater got out.  The other was grounded for usafe flying.

Thing is, these women could have done perfectly good flying for the Navy in P3, or perhaps the Viking, or the COD, or any other aircraft but the high-performance fighter off a carrier.

Feminists have struck again.

Posted by: Richard Aubrey at January 04, 2011 12:31 PM (yt878)

29 Yeah, well, all the goddam judges will keep kissing Obama's ass till the end of his second goddam term. This is pure shit.

Posted by: flurmf at January 04, 2011 12:31 PM (9t1S4)

30 Yet another law that doesn't apply to the D'hobama administration.

Why do we have a Constitution?  This fucking guy can do whatever he wants with  reckless abandon with ZERO CONSEQUENCES!!!!

Posted by: Sponge © at January 04, 2011 12:32 PM (UK9cE)

31 Name me the last time an IG made anything stick anywhere.  Yeah, this was a railroad job, but we have to rely on Congress and a Republican AG in 2013 to get anything done.

Posted by: Circa (Insert Year Here) at January 04, 2011 12:32 PM (B+qrE)

32

Also, in every report of a judicial decision, can we get the names of the judges involved and who appointed them?

What frosts me is this ridiculous assumption that judges are above politics and should be given a free hand.

No one else gets the assumption that their actions are not influenced by rank partisanship and ideological considerations.

Why the hell to we attribute to lawyers -- of all people -- this kind of integrity?

Posted by: AmishDude at January 04, 2011 12:32 PM (BvBKY)

33 So Obama fired him, in complete defiance of the law's requirements of thirty days' notice to Congress plus a good explanation for such an act. Defiance? Requirements?!? One does not "require" something from a god.

Posted by: Evan Thomas on his knees at January 04, 2011 12:32 PM (AZGON)

34 Ok, seems like this is prime territory for the new Republican House to look into.

The Democrats raised a ruckus when Bush fired at will employees for refusing to investigate voter fraud - surely firing someone for investigating your flunkie is a more egregious sin?

Posted by: 18-1 at January 04, 2011 12:33 PM (7BU4a)

35 I am off to find food and a discount bucket of Val-U-Rite.  I'll need it to get me through the gobs of stupidity the libs are throwing at us in the new year.  Tah, y'all.

Posted by: MWR at January 04, 2011 12:33 PM (4df7R)

36

What we need to do: Ignore it and go Fundraise at the W!

Posted by: Will at January 04, 2011 12:34 PM (77TeU)

37 So, the executive branch and judicial branch, along with half the legislative branch, are in agreement - the law means nothing but what they want it to mean.  Great.  It's good to know our government is so very legitimate. 

Posted by: Reactionary at January 04, 2011 12:34 PM (4nbyM)

38 Lawlessness for me, but not for thee...

Posted by: The One at January 04, 2011 12:36 PM (ehKDD)

39

"You're gonna see what it's like to be ruled by the black man, now.

Ya' Cracka ass Cracka-

I hate every last iota of yo' ass!"

Posted by: King Samir Shabazz at January 04, 2011 12:37 PM (wRDl4)

40 Winding the clock down on Walpin's beat Fightin' IGs and dead on your feet (dies)

Posted by: Gerry Rafferty at January 04, 2011 12:37 PM (AZGON)

41 I'll need it to get me through the gobs of stupidity the libs are throwing at us in the new year.  Tah, y'all.

Posted by: MWR at January 04, 2011 04:33 PM (4df7R)


Go no further, friend.

Posted by: CUS at January 04, 2011 12:38 PM (wOGfT)

42 12 This is why laws exist... to defeat themselves and put a fig leaf on executive fiat. Does anyone really think laws have a clear meaning any longer? Ask GM bondholders prior to the "bankruptcy" giveaway. Ask the victims of voter intimidation whose cases remain unexamined by Holder's DOJ.

The city limits of Chicago now seem to extend from San Francisco to Cape Hatteras.

Posted by: George Orwell at January 04, 2011 04:21 PM (AZGON)


Very good point. The laws really do no longer have any meaning. They mean what those in power want them to mean and nothing more.


Posted by: DiogenesLamp at January 04, 2011 12:38 PM (/G5LI)

43 oh right, Bush got in trouble for firing AG's not IAG's. But that just illustrates, rules don't apply to dems, and doubly apply to GOPS

Posted by: joeindc44 at January 04, 2011 12:40 PM (QxSug)

44 I think a reform-minded pol from, say, Alaska,  should jump on this yesterday.

Posted by: mrp at January 04, 2011 12:41 PM (HjPtV)

45

I, for one, would like to welcome Mr. Walpin to the wubulous world of Obama Justice. 

Have you met our Attorney General?

Posted by: GM Bondholder at January 04, 2011 12:41 PM (wRDl4)

46 Just wait till he gets a Daley in the White House.  Annie better get her gun, and FAST!!  That Daley family don't like guns.  And they'll come get yours.

Posted by: Sponge © at January 04, 2011 12:41 PM (UK9cE)

47 16 Eh...The problem is...if the President does something illegal what is the correct remedy.  Running to the court and asking the court to correct it.  No, that's wrong the court should not be able to order the President to do anything.  The remedy for a violation of law by the President is censure or impeachment/removal by the Congress.

Posted by: Gov98 at January 04, 2011 04:24 PM (+yyD7)


I think the courts are the appropriate remedy for damages done to Walpin. Unfortunately they appear to be unsensible. But as for dealing with the Precedent? Yeah, congress would need to take action. Of course having the court declare the Precidential action wrong would help politically.

Posted by: DiogenesLamp at January 04, 2011 12:41 PM (/G5LI)

48

These judges should be impeached.

That's a great idea. How do we do that, Ace?

Posted by: BackwardsBoy at January 04, 2011 12:42 PM (b6qrg)

49 1. Whatever goes upon two legs is an enemy.
2. Whatever goes upon four legs, or has wings, is a friend. Four legs good, two legs better!
3. No animal shall wear clothes.
4. No animal shall sleep in a bed.
5. No animal shall drink alcohol.
6. No animal shall kill any other animal.
7. All animals are equal All animals are equal, but some animals are more equal than others.

Posted by: MarkC at January 04, 2011 12:42 PM (yPPVC)

50 Go no further, friend. Posted by: CUS Gag... Michael Kinsley. God help us. He's already a whiny bitch in the first sentence: Just when you think there is nothing new under the sun, and youÂ’re going to have to write about Sarah Palin every week for the rest of your life... The closest thing that guy has to a testicle is a sack of peanuts in his pantry. Of course... a plea for reducing the voting age! What could be more fair and helpful to leftards?

Posted by: George Orwell at January 04, 2011 12:43 PM (AZGON)

51 Sucks about Gerry Rafferty croaking. Baker Street is one of my favorite songs evah. One of the first songs I remember hearing as a kid.

Posted by: ol_dirty_/b/tard at January 04, 2011 12:43 PM (IoUF1)

52 Posted by: DiogenesLamp at January 04, 2011 04:38 PM (/G5LI)

Even worse, as they say, "There is no law for the lawless."  The laws are now specifically designed to constrain only those dumb enough to follow them.

Posted by: AllenG (Dedicated Tenther) at January 04, 2011 12:43 PM (8y9MW)

53 Hey 3 judge panel? Get Fucked. America dead in 5...4...3...2...1...

Posted by: Chicago Jedi at January 04, 2011 12:43 PM (6ftzF)

54

I think a reform-minded pol ...  should jump on this yesterday.

Best to take a Wide-Stance and let it jump on you, IYKWIM.

Posted by: Larry Craig at January 04, 2011 12:43 PM (wRDl4)

55 This is so much of a reversal of previous rulings that I would sure like to see the basis of the ruling.

I am sure it will be reversed if he pursues it to the full court or to the Supremes.

This is a BS ruling, but nowadays we can expect that.

Posted by: Vic at January 04, 2011 12:45 PM (M9Ie6)

56 We have gone from a "what you are authorized to do" government to a "it doesn't say I can't do it" government, and the courts are happily endorsing the change. That cultural shift is at the heart of the failings of government to restrain itself, and the courts to come to rational conclusions.

The burden of proof for lawful action MUST be on government.

Posted by: ef at January 04, 2011 12:46 PM (c7Pp2)

57

Let me rephrase that. Can we do that, Ace?

No snark. Seriously.

Posted by: BackwardsBoy at January 04, 2011 12:47 PM (b6qrg)

58 Oh, and to sum it up;

A panel of government class hacks defends the leader of the government class.

I'm shocked!!!

Who knew the decent into aristocracy would happen so quickly?

Posted by: 18-1 at January 04, 2011 12:48 PM (7BU4a)

59 The realization that obeying the law is optional is sort of ... liberating.  IYKWIMAITYD.

Posted by: toby928™ at January 04, 2011 12:48 PM (S5YRY)

60 link to the opinion?

Posted by: joeindc44 at January 04, 2011 12:48 PM (QxSug)

61 Even worse, as they say, "There is no law for the lawless."  The laws are now specifically designed to constrain only those dumb enough to follow them.

Posted by: AllenG (Dedicated Tenther) at January 04, 2011 04:43 PM (8y9MW)

Government of the crooks, by the crooks, for the crooks.

Posted by: 18-1 at January 04, 2011 12:48 PM (7BU4a)

62
SCOTUS appeal?


Posted by: torquewrench at January 04, 2011 12:49 PM (aWrFJ)

63 I'm still snickering at the pathetic vapidity of Kinsley: Just when you think there is nothing new under the sun, and youÂ’re going to have to write about Sarah Palin every week for the rest of your life... Seriously, Mikey? "Have to write" about Palin? Did someone put a .45 in your mouth? You are so intellectually bankrupt that you and your ilk can only obsess over an ex-Governor who holds no office and you insist is a moron and a buffoon? What idiots.

Posted by: George Orwell at January 04, 2011 12:50 PM (AZGON)

64 Get crackin' Malor.  I expect an analysis by 9PM. 

Posted by: spoiled moron at January 04, 2011 12:50 PM (S5YRY)

65

You will recall that, after the false accusation of assault that led to the Tailhook scandal, the Navy was so spooked by Pat (spit) Schroeder and her buds that they graduated the first two women from F14 school with failing grades. The F14 is a two-seater, which meant the Navy took two folks who hadn't done them any harm and put them in the rear seat with pilots who were, by Navy standards, not qualified.
One blew an approach--I read the report--and got killed.  Her backseater got out.  The other was grounded for usafe flying.

Thing is, these women could have done perfectly good flying for the Navy in P3, or perhaps the Viking, or the COD, or any other aircraft but the high-performance fighter off a carrier.

Feminists have struck again.

Posted by: Richard Aubrey at January 04, 2011 04:31 PM (yt87


You are referring to Karen Hultgreen. The Navy's cowardice is worse than you described. She flamed out an engine by shadowing it's airflow with the fuselage on approach, an event of which pilots were specifically instructed to beware.  To cover up the fact that it was her own incompetence, the navy conducted simulator drills with other fighter pilots in which they "switched off" the engine at the last minute upon approach. If I recall properly, out of 10 pilots, only 1 was able to recover from this.

The Navy then Hailed these results as proof that their first female fighter pilot was competent and it was just an unfortunate accident. In reality, a flame out will occur every single time you do what she did. It was a false test, and it was trumpeted false propaganda to prevent Clinton from looking like the completely ignorant asshole that he was.


Posted by: DiogenesLamp at January 04, 2011 12:50 PM (/G5LI)

66

Cocksuckers in the DC Circuit.

I f'ng hate this profession.

Posted by: laceyunderalls channeling AmishDude level rage at January 04, 2011 04:16 PM (pLTLS)

Honestly, I sometimes hate being right.

Sometimes.

Posted by: AmishDude at January 04, 2011 04:28 PM (BvBKY)

God help me, I do so love reading AmishDude's rants about lawyers.  The karmic balance is beautiful.

One the one hand you have lawyers.  Smart people, with an unbelievable amount of power to influence society.

One the otherhand, you have AmishDude, the mathemetician.  And mathemeticians are unbelieveably smart, with almost no power to influence society.  Yet he goes on these bitter, angry incisive rants tearing down lawyers.  Just mocking them as chimps and simpletons.

Poetry, I tell you.

Posted by: ed at January 04, 2011 12:51 PM (QLhy5)

67 they plan of giving IG's sopena power so they may as well strengthen their firing protections ...

Posted by: Jeff at January 04, 2011 12:51 PM (A3tpD)

68

The realization that obeying the law is optional is sort of ... liberating.  IYKWIMAITYD.

I do, if you mean that in an "impromptu hobo hunt tonight, I'll bring the Valu-Rite" kind of way.

Posted by: BackwardsBoy at January 04, 2011 12:51 PM (b6qrg)

69 Posted by: BackwardsBoy at January 04, 2011 04:47 PM (b6qrg)

It's a normal impeachment hearing (they actually happen sometimes, apparently).  I'm pretty sure the House has to vote to impeach and then the Senate has to try the impeachment, just as if the President were on trial (though it may only be a simple majority vote to complete the impeachment, instead of the 2/3 required to impeach the President).

Posted by: AllenG (Dedicated Tenther) at January 04, 2011 12:52 PM (8y9MW)

70 I don't think we live in a republic anymore or even a democracy for that matter.  It seems more like a kleptocratic plutarchy.

Posted by: Guy Fawkes at January 04, 2011 12:54 PM (xQAv5)

71 Posted by: ed at January 04, 2011 04:51 PM (QLhy5)

I'm mostly with AmishDude.  Any legal system which requires lawyers is, by definition, a flawed system.  If laypersons can't just understand the law, the law is written badly.

Ours is a step worse than that: it's a system which requires lawyers and is written by lawyers to ensure total employment of the lawyer class.

Posted by: AllenG (Dedicated Tenther) at January 04, 2011 12:55 PM (8y9MW)

72

"A Republic Maam, if you can keep it"

Benjamin Franklin

 

The Progresives hate the idea that the rule of Law, as written, can slow down their march to power... so the rule of law (which is what defines a Republic) must go.

The Alaska Supreme Court, declared that the will of the voter (which is what defines a DEMOCRACY) over rides the rule of the written Law (which is what defines a Republic)

The Federal Court did NOT over ride them on that, even though the Consitution clearly guarentees that every State will have a REPUBLICAN form of Government.

This case just follows that meme.  It over rides both the Spirit, Intent, and verbiage, of the written law... by finding a "loophole"...

Benjamin Franklin was a very wise Man...

Posted by: Romeo13 at January 04, 2011 12:58 PM (AdK6a)

73

Posted by: AllenG (Dedicated Tenther) at January 04, 2011 04:52 PM (8y9MW)

Many thanks. I wasn't fully aware that we had a mechanism for dealing with this sort of thing. It's somewhat comforting to know we do, and maddening that we don't use it more often, like in this case.

Another judge who should be impeached is Vicki Miles-LaGrange in Oklahoma. She's the one who stayed their law to prevent Sharia law from being used in court after CAIR filed a frivolous suit against it.

Posted by: BackwardsBoy at January 04, 2011 12:59 PM (b6qrg)

74 I am sure it will be reversed if he pursues it to the full court or to the Supremes.

This is a BS ruling, but nowadays we can expect that.

Posted by: Vic at January 04, 2011 04:45 PM (M9Ie6)


George Will penned a column in which he cited the fact that 5 justices of the 9 voted to uphold the true meaning of the Second Amendment. He said that 4 justices were apparently unable to understand something so clearly and plainly written, and voted the opposite of what it said.

Others have pointed out (regarding prop 8 in California) that we should all just save a lot of time and ask Justice Kennedy what he thinks.

I have no confidence in the Supreme Court doing anything right because assholes keep appointing worse assholes to it every time a Democrat gets elected. Even when we get a Republican President, half the time HE appoints an asshole. (David Souter, Sandra Day O'conner, Harry Blackmun, etc.)

The problem is, the system is so clogged up with assholes, that the sheer numbers of them make it difficult to nominate a non asshole, and it's been incredibly difficult to get non assholes confirmed.

It's a fucking mess, and sometimes I think the answer advocated by Curmudgeonly and Skeptical may eventually become the only solution. (Pitchforks and torches.)

Posted by: DiogenesLamp at January 04, 2011 01:00 PM (/G5LI)

75

One the one hand you have lawyers.  Smart people, with an unbelievable amount of power to influence society.

OK, I have immediately pointed out an error in your statement.  Remember: no math, no dissertation and no competition from international students.

Given that my parents had never gone to college, it didn't even occur to me to go to law school.  Further, I would have considered myself severely intellectually deficient if I had done so.  In fact, if I am not mistaken, my foot fungus can graduate from Yale, upon acceptance.

One the otherhand, you have AmishDude, the mathemetician.  And mathemeticians are unbelieveably smart, with almost no power to influence society.  Yet he goes on these bitter, angry incisive rants tearing down lawyers.  Just mocking them as chimps and simpletons.

And? How, exactly, am I wrong?

Just because you have a the biggest hammer, doesn't mean you can build a Fabrege egg.

Posted by: AmishDude (Golden Brown Dude Slick) at January 04, 2011 01:00 PM (BvBKY)

76 The problem is, the system is so clogged up with assholes, that the sheer numbers of them make it difficult to nominate a non asshole, and it's been incredibly difficult to get non assholes confirmed.

Keep firing, assholes!

Posted by: Dark Helmet at January 04, 2011 01:01 PM (BvBKY)

77 It's a fucking mess, and sometimes I think the answer advocated by Curmudgeonly and Skeptical may eventually become the only solution. (Pitchforks and torches.)

Well it's been over 200 years I'm getting awful thirsty.

Posted by: The Tree of Liberty at January 04, 2011 01:03 PM (tf9Ne)

78 I heard on another blog that Hannity just announced that Trump is gonna run for President

Posted by: nevergiveup at January 04, 2011 01:04 PM (0GFWk)

79

Donald Trump is a Great American!

With a Great American Hair-Cut!

 

Posted by: Sean Hannity at January 04, 2011 01:06 PM (wRDl4)

80 80 I heard on another blog that Hannity just announced that Trump is gonna run for President Posted by: nevergiveup at January 04, 2011 05:04 PM (0GFWk) Too bad we can't just ignore Trump and elect his wife first lady.

Posted by: joncelli at January 04, 2011 01:07 PM (RD7QR)

81 Too bad we can't just ignore Trump and elect his wife first lady. Posted by: joncelli at January 04, 2011 05:07 PM (RD7QR) Which wife?

Posted by: nevergiveup at January 04, 2011 01:07 PM (0GFWk)

82

Trump shouldn't be a serious consideration for anything. I mean he's on a reality tv show fer Chrissakes.

Oh wait....

Posted by: laceyunderalls at January 04, 2011 01:08 PM (pLTLS)

83 80 I heard on another blog that Hannity just announced that Trump is gonna run for President

So No Labels got a sucker?

Posted by: AmishDude at January 04, 2011 01:08 PM (BvBKY)

84 Imagine the MFM trying to figure how to spin Trump's wife as not nearly as attractive as the previous First Lady (*snort* bwwaaaaa!).

Posted by: Jane D'oh at January 04, 2011 01:09 PM (UOM48)

85 79 It's a fucking mess, and sometimes I think the answer advocated by Curmudgeonly and Skeptical may eventually become the only solution. (Pitchforks and torches.)

Well it's been over 200 years I'm getting awful thirsty.

Posted by: The Tree of Liberty at January 04, 2011 05:03 PM (tf9Ne)


It is my firm belief that it is the people that make up OUR side of the political spectrum that actually make the nation function. If you removed every Liberal from all the jobs they perform, we wouldn't notice any REAL loss of anything important. Movies, newscasters, asshole lawyers, etc.

Remove the Conservatives and the nation would collapse instantly.
Strangely enough, the voice of those parasites is louder than the voice of we productive.

They are grasshoppers to our ants, and why we continue to put up with them I simply can't understand.

Posted by: DiogenesLamp at January 04, 2011 01:09 PM (/G5LI)

86 11 rockmom suggested Issa investigations enlist Walpin.
Posted by: maverick muse at January 04, 2011 04:20 PM

Right after I investigate who didn't flush the toilets in the Committee men's room

Posted by: Darrel Issa, Investigator of Really Important Stuff at January 04, 2011 01:09 PM (vdfwz)

87 Which wife? Posted by: nevergiveup at January 04, 2011 05:07 PM (0GFWk) The slovene former model. (How many has he had?)

Posted by: joncelli at January 04, 2011 01:10 PM (RD7QR)

88 Simple solution -- AmeriCorps Appropriations Account - $ 000.00

Posted by: Jean at January 04, 2011 01:11 PM (7Jipo)

89 71 I don't think we live in a republic anymore or even a democracy for that matter.  It seems more like a kleptocratic plutarchy.
Posted by: Guy Fawkes at January 04, 2011 04:54 PM (xQAv5)

Plutarchy, kleptocracy, pornocracy, idiocracy, nepotocracy, buttfuckacracy, chickenfuckacracy, oligarchy, etc, etc, etc.

Posted by: ol_dirty_/b/tard at January 04, 2011 01:11 PM (IoUF1)

90

Yes, and for my Cabinet, we will have a series of contests to decide who will stay, and who will go.

And I'll use the Ranking Senators of both parties as part of the panel of Judges, so they can't complain later about not having say in  who is in the Cabinet...

And we'll televise it...

Posted by: D. Trump at January 04, 2011 01:11 PM (AdK6a)

91 The slovene former model. (How many has he had?) Posted by: joncelli at January 04, 2011 05:10 PM (RD7QR) 3?

Posted by: nevergiveup at January 04, 2011 01:12 PM (0GFWk)

92 #67 ed , I would bet you ranted against Harriet Miers so you would have actually ranted against both a lawyer and a mathematician.

Posted by: Mr. Sar Kastik at January 04, 2011 01:12 PM (70v0o)

93 I heard on another blog that Hannity just announced that Trump is gonna run for President Posted by: nevergiveup at January 04, 2011 05:04 PM

Too late...we don't need The Donald now.

Glenn "the Weeper" Beck is saying that everything is gonna be all hunky-bunky if we all follow him in his crusade and Spiritually Renew ourselves. All we gots to do is decide to be Exceptional People-types.

Oh, and probably spend all our time reading up on Benj Franklin, Geo Washington, etc. Hell, even Spooky Dude is probably trembling in his shoes at the prospect of us all scopin' out some learnin' about Button Gwinnett..

Fucks News's own Howard Beale has finally lost it completely. Next stop: straitjacket and medications. Strong medications.

Posted by: MrScribbler© at January 04, 2011 01:15 PM (Ulu3i)

94 80 I heard on another blog that Hannity just announced that Trump is gonna run for President

Didn't Trump try in 2000?  I remember reading an Op Ed of his back then - wasn't impressed.


Posted by: Kratos (Ghost of Sparta) at January 04, 2011 01:17 PM (M+8TM)

95

Right after I investigate who didn't flush the toilets in the Committee men's room

It was me. 

I was in there so long the automatic lights went out.  I was freaking out...totally spaced the flush. 

...and it was meatloaf monday at the House cafeteria yesterday...So sorry.

Posted by: Steve Womack at January 04, 2011 01:17 PM (wRDl4)

96

Yes, and for my Cabinet, we will have a series of contests to decide who will stay, and who will go.

And I'll use the Ranking Senators of both parties as part of the panel of Judges, so they can't complain later about not having say in  who is in the Cabinet...

And we'll televise it...

Posted by: D. Trump at January 04, 2011 05:11 PM (AdK6a)

 

That's actually not a bad idea.

Posted by: Soona at January 04, 2011 01:18 PM (XyUoZ)

97 Redlining my blood pressure again, and it's not even 5pst.

Now the Chicago Beta-Mugabe Admenstruation is just gonna go all-in on his lawless banana republic bullshit.

He knows that if you throw 100 sticks in all directions at once the dog is just gonna sit there and say, "Fuck it."
He knows we can't chase all the sticks.

The man wipes his ass on the Constitution every day. And he's loving it like a rainbow snowcone in his face and Stalin's prick in his ass.

ugh. I never knew it could really, really go to 11 until January, 2009.

Posted by: this shit delende est at January 04, 2011 01:18 PM (L6ppJ)

98 I'm mostly with AmishDude.  Any legal system which requires lawyers is, by definition, a flawed system.  If laypersons can't just understand the law, the law is written badly.

Ours is a step worse than that: it's a system which requires lawyers and is written by lawyers to ensure total employment of the lawyer class.

Posted by: AllenG (Dedicated Tenther) at January 04, 2011 04:55 PM (8y9MW)

I see the legal profession as the ultimate rent-seekers, whether it be civil law or this kind of appellate litigation.  In civil law, you hire a lawyer to forcibly take money from your fellow man or to prevent one from doing so (extortion and protection).  In this case, you hire a lawyer to achieve a legal end that you could not achieve via the legislature.

So we've seen that we don't gain advantage by negotiating for a fair price in commerce or by persuading our fellow man in democracy.  Instead we go to the courts and expect them to just rule by fiat.

Note that a vote of three judges overrides a plainly-written statute passed by a legislature of 535 whose constituency is determined by the votes of hundreds of millions of people.  Moreover, this isn't an issue of an unconstitutional statute.  In principle, this seems to be overriding the plain meaning of the statute because the judges find it inconvenient.

Judges are going to have to learn that it doesn't matter one whit if the law is unworkable or unfair or anything else.  That's what it is and the people are wiser than the judges.

Posted by: AmishDude at January 04, 2011 01:18 PM (BvBKY)

99

Fucks News's own Howard Beale

Didn't his "self-help" book come out today?

In coming full circle w/his nutterbuttery I can see some Stuart Smalley kind of 'gosh darn it, people like me!' buffoonery in it.

And question -- I don't get the weepies and I'm not an alcoholic. Is this the book for me??

(Answer: NO)

Holy shit he's a total embarrassment.

Posted by: laceyunderalls at January 04, 2011 01:20 PM (pLTLS)

100 Can't wait until someone throws water on Hannity and sparks start flying out of his animatronic face.

Posted by: sifty this shit delende est at January 04, 2011 01:20 PM (L6ppJ)

101

Posted by: MrScribbler© at January 04, 2011 05:15 PM (Ulu3i)

 

Sounds like you could use a little "spiritual renewel".  Seriously.

Posted by: Soona at January 04, 2011 01:21 PM (XyUoZ)

102

Holy shit he's a total embarrassment.

Stu and the fat one were funny as hell, yesterday.  They really need their own show.

Posted by: garrett at January 04, 2011 01:24 PM (wRDl4)

103 Well, I'm planning to win at least part of the $330 mil Mega Millions tomorrow night.  I'll be buying a nice island somewhere, and Barky can suck it. 

Be nice, and I might let you live in a portion of my compound.

Posted by: Jane D'oh at January 04, 2011 01:24 PM (UOM48)

104

God damn these people. I swear, it really does seem like almost every day these scum perpetrate another outrage, that in a sane society, would simply not be allowed to stand. It would be bad enough if they simply said, as O'Brien did in 1984, "We're in it for the power, picture a boot stamping on the human face forever." But they operate with almost total impunity and the cloud cover of the MSM  - and about half the people in the country buy into it. Ugh.

Thanks to the morons here who apparently find this as enraging as I do.

Posted by: RM at January 04, 2011 01:24 PM (GkYyh)

105 He knows that if you throw 100 sticks in all directions at once the dog is just gonna sit there and say, "Fuck it." He knows we can't chase all the sticks. Posted by: this shit delende est at January 04, 2011 05:18 PM


In simple terms, that's the time when the dog should bite the bejeesus out of the fuckwit throwing the sticks.

Posted by: MrScribbler© at January 04, 2011 01:25 PM (Ulu3i)

106

Posted by: AmishDude at January 04, 2011 05:18 PM (BvBKY)

Here's anotherl legal conundrum for ya's. How can a lawyer who's been to law school in order to learn  all about the law, write a law that's unconstitutional? And further, how is he or she able to introduce a law that was written by someone who hasn't been elected to office (see the ObamaCare law, which was written by the Apollo Foundation, one of George Soros' butt-children)?

Posted by: BackwardsBoy at January 04, 2011 01:26 PM (b6qrg)

107 The estimated jackpot for Mega Millions is now $355,000,000.

I've not seen such a frenzy before.  Lottery sales have been through the roof in my store, with the proverbial little old ladies buying $10 slips.  It's like Tulip-Mania.

Posted by: mrp at January 04, 2011 01:28 PM (HjPtV)

108 Posted by: laceyunderalls at January 04, 2011 05:20 PM

I've never been an alky -- have made a few touch-and-gos on that field, but never landed, thank God -- but a friend who's in the 12-step scene tells me that publicly babbling endlessly about it, as The Weeper does is considered bad form.

Posted by: MrScribbler© at January 04, 2011 01:29 PM (Ulu3i)

109 How can a lawyer who's been to law school in order to learn  all about the law, write a law that's unconstitutional?

With this, I respond with one of my favorite quips:

Barack Obama was a Constitutional law expert in the way that Willie Sutton was a banking regulator.

Posted by: AmishDude at January 04, 2011 01:29 PM (BvBKY)

110 See you at the Lotto office Jane. We're winning that sucker too!

And then we are off to a non-extradition, non-tax island somewhere warm.

Posted by: sifty this shit delende est at January 04, 2011 01:30 PM (L6ppJ)

111 <blockquote>
80 I heard on another blog that Hannity just announced that Trump is gonna run for President

Posted by: nevergiveup at January 04, 2011 05:04 PM (0GFWk)

</blockquote>

Be still, my foolish heart.


Posted by: PersonFromPorlock at January 04, 2011 01:30 PM (VPlpE)

112 1 We're simmering along.  God help them when we boil over.

Is that the tea kettle whistling?

Posted by: tea partier at January 04, 2011 01:30 PM (0AkWH)

113 So let me get this straight:

Bush fired some DOJ attorneys who served at his pleasure and the Democraps held hearings.

Palin did NOT fire a public safety director who served at her pleasure (and who deserved to be fired), but the Democraps, RINOs, and corrupt bastards said she really did fire him and held hearings and filed ethics complaints.

The Jug-Eared Jizzmop, likely in the course of a cover-up, fires somebody who it's clearly illegal for him to fire, and the Repubs say nothing, because it would be mean-spirited, partisan, racist, sexist, homophobic, xenophobic, bigoted, nativist, ageist, warmongering, hateful, anti-dentite, and satanic to hold our highest elected official to account.

Is it any wonder everything is always such a clusterfuck of epic fail on our side?

Posted by: ol_dirty_/b/tard at January 04, 2011 01:30 PM (IoUF1)

114 Sissy knows he has a giant rolled up newspaper called the IRS and the MFM to rub our noses in it if we dogs misbehave.

The scrawny bastard.

Posted by: sifty this shit delende est at January 04, 2011 01:33 PM (L6ppJ)

115

"Is it any wonder everything is always such a clusterfuck of epic fail on our side?"

No.

 

Posted by: RM at January 04, 2011 01:33 PM (GkYyh)

116 ...hold our highest elected official to account.

If he were a legitimate officeholder, they could do something.

Posted by: birther, plain and simple at January 04, 2011 01:34 PM (0AkWH)

117 The 9th Circus Court of Appeals strikes again!

9th Circuit appeals court rules war memorial cross in San Diego public park unconstitutional - CBS http://bit.ly/fgi73a

Posted by: Kratos (Ghost of Sparta) at January 04, 2011 01:34 PM (M+8TM)

118

is considered bad form

Not if you're an attention/famewhore

Posted by: laceyunderalls at January 04, 2011 01:34 PM (pLTLS)

119 Not my fault.

Posted by: Nancy, it wasn't me at January 04, 2011 01:35 PM (0AkWH)

120 116 Sissy knows he has a giant rolled up newspaper called the IRS and the MFM to rub our noses in it if we dogs misbehave.

Do you remember the Clinton years?  Almost every conservative organization got audited.  It was incredible.

Posted by: AmishDude at January 04, 2011 01:35 PM (BvBKY)

121 Posted by: BackwardsBoy at January 04, 2011 05:26 PM (b6qrg)

See Also: "No Law for the Lawless."

Posted by: AllenG (Dedicated Tenther) at January 04, 2011 01:36 PM (8y9MW)

122 The Commies know No Bounds! It's the For the Childern!

Posted by: Jimi at January 04, 2011 01:37 PM (fqxV7)

123 Barry's pics on Drudge look like he's wasting away.  Seriously.  Maybe those years hanging out at the bath houses in Chi-town have caught up with him.

Posted by: Jane D'oh at January 04, 2011 01:37 PM (UOM48)

124 This is consistent with nuanced international law. Russia, Venezuela, Chicago... Viva la corrupcion!

Posted by: t-bird at January 04, 2011 01:37 PM (qsnxV)

125

Hey, remember the big controversy over Bush firing all those Justice Department attorneys even though he was perfectly within his rights to do so?

 

Yeah, neither do we.

Posted by: The Deciders at January 04, 2011 01:38 PM (HzhBE)

126 Hey,  EPA.... you're FIRED...

Posted by: D. Trump at January 04, 2011 01:39 PM (AdK6a)

127 The original wooden cross on Mt. Soledad was erected in 1913 by private citizens living in La Jolla and Pacific Beach, but was stolen in 1923; later that year it was affixed back in the ground in Mt. Soledad Natural Park only to be burned down by the Ku Klux Klan.

The ACLU, doing the jobs the Klan won't do.

Posted by: toby928™ at January 04, 2011 01:39 PM (S5YRY)

128 9th Circuit appeals court rules war memorial cross in San Diego public park unconstitutional - CBS http://bit.ly/fgi73a

Doesn't the existence of the 9th violate the "more perfect union" clause?

I hereby say that that cross does not symbolize anything, rather, it is a lower-case t.

Voila.

Posted by: AmishDude at January 04, 2011 01:39 PM (BvBKY)

129 The Banana Republic of the United States.

Posted by: AnonymousDrivel at January 04, 2011 01:39 PM (swuwV)

130

@127

Didn't Clinton fire every Federal Judge, and replace them all with "His Choices?" Then when Bush came in......he didn't fire anybody until late in his second term, and he only fired a handful...The Left thru a Hissy Fit!

Hypocrits! 

Posted by: Jimi at January 04, 2011 01:40 PM (fqxV7)

131 A steady diet of cocaine, cock, and arugula will take the pounds off.

Posted by: Preznit Betabama at January 04, 2011 01:41 PM (L6ppJ)

132 I hereby say that that cross does not symbolize anything, rather, it is a lower-case t.

Thor! 

Posted by: toby928™ at January 04, 2011 01:41 PM (S5YRY)

133 I've been wondering lately, how much of American prosperity has been due to having a pretty good rule of law that protected property rights for pretty much everyone? One didn't have to be rich enough to hire their own security to hold on to what they had earned etc etc. Its very chilling to think about how much destruction of the rule of law the left and Barry himself have achieved.

Posted by: person who didn't read thread at January 04, 2011 01:41 PM (dkExz)

134

Somehow, someway, we absolutely have to stop electing brain-dead idiots into office.

I still think a political draft is in order. Shit, we couldn't possibly do any worse than Obama, Reid, Pelosi, Waxman, Boxer, Weiner...

*takes in big breath*

 Frank, Wasserman-Shultz, Nelson, Ellison, Schumer, Durban...

Posted by: BackwardsBoy at January 04, 2011 01:41 PM (b6qrg)

135 125 Barry's pics on Drudge look like he's wasting away.  Seriously.  Maybe those years hanging out at the bath houses in Chi-town have caught up with him.

"...a little blow, when you could afford it" --Barack Obama, Dreams from My Father

Posted by: AmishDude at January 04, 2011 01:41 PM (BvBKY)

136 They've taken over our country.

We can only fight a rear guard action until we die.

Posted by: Ed Anger at January 04, 2011 01:43 PM (7+pP9)

137 One didn't have to be rich enough to hire their own security to hold on to what they had earned etc etc.

I saw an article on Ricochet about this very thing.  It was about Brazil and the great gulf between rich and poor.  Basically, there is no middle class because you couldn't afford to protect yourself.  So the rich live in places with great security so much so that when they move to the US, they think they have to live in places like Trump Tower.  They think they can't simply have a house in the suburbs.

Posted by: AmishDude at January 04, 2011 01:44 PM (BvBKY)

138

@138

Don't worry we still have a long way to fall. Alot can happend before those days come......good and bad!

The problem is "the bigger they are the harder they fall"

How Big are We?

Posted by: Jimi at January 04, 2011 01:44 PM (fqxV7)

139 Didn't Clinton fire every Federal Judge, and replace them all with "His Choices?"

You're thinking of US Attorneys.  I think he kept on Mary Jo White.  The scandal was that it was believed that this was an attempt to ensure that a US Attorney investigating Whitewater would be shut down.

Posted by: AmishDude at January 04, 2011 01:46 PM (BvBKY)

140 Maybe those years hanging out at the bath houses in Chi-town have caught up with him.
Posted by: Jane D'oh at January 04, 2011 05:37 PM (UOM4

I think it started earlier than that. I'd bet a million bucks that Frank Marshall Davis and Grampa Stan molested the living shit out of him. That's why he's so fucked up in the head.

Posted by: ol_dirty_/b/tard at January 04, 2011 01:46 PM (IoUF1)

141 So... where do we go when they run us out?

I hear Belize is freer than America now. Any first hand knowledge?

Posted by: sifty this shit delende est at January 04, 2011 01:46 PM (L6ppJ)

142

See Also: "No Law for the Lawless."

Is that a book? Bing wasn't much help.

Posted by: BackwardsBoy at January 04, 2011 01:47 PM (b6qrg)

143 I look forward to working for my Socialist overlords.

Posted by: Boehner's Shriveled Testicle at January 04, 2011 01:51 PM (EL+OC)

144 I agree. There is definitely some kind of Sneaky Uncle in Brak's past.

Posted by: sifty this shit delende est at January 04, 2011 01:52 PM (L6ppJ)

145 I'd bet a million bucks that Frank Marshall Davis and Grampa Stan molested the living shit out of him.

I think it was Woodsy Owl.

Posted by: AmishDude at January 04, 2011 01:53 PM (BvBKY)

146 Posted by: BackwardsBoy at January 04, 2011 05:47 PM (b6qrg)

It was a comment I made earlier in the thread.

Another way to say the same thing: Fait Acompli (if my Latin spelling is correct): "I can because I have."

Posted by: AllenG (Dedicated Tenther) at January 04, 2011 01:56 PM (8y9MW)

147

Posted by: AllenG (Dedicated Tenther) at January 04, 2011 05:56 PM (8y9MW)

Oops. I musta missed that. Anyway, you're quite right.

"And here's our first round pick out of Florida's 118th Congressional, a six-foot-two inch rookie..."

Posted by: BackwardsBoy at January 04, 2011 01:59 PM (b6qrg)

148

You're thinking of US Attorneys.  I think he kept on Mary Jo White.  The scandal was that it was believed that this was an attempt to ensure that a US Attorney investigating Whitewater would be shut down.

Posted by: AmishDude at January 04, 2011 05:46 PM (BvBKY)

And Michael Chertoff, too.

America is fucked with the barbed cock of Satan.

Posted by: Ed Anger at January 04, 2011 02:08 PM (7+pP9)

149 I think it started earlier than that. I'd bet a million bucks that Frank Marshall Davis and Grampa Stan molested the living shit out of him. That's why he's so fucked up in the head.

It's lucky Sasha and Malia are girls, IYKWIM.

Posted by: Ian S. at January 04, 2011 02:08 PM (p05LM)

150

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Posted by: mijian65 at January 04, 2011 04:09 PM (UzYYK)

151 "No, that's wrong the court should not be able to order the President to do anything."

Uh, so no one should be able to sue the President, even if the President does something he has absolutely no authority to do?  Impeachment is not going to make the plaintiff whole here, you know: Walpin would stay fired under President Biden.

"...just as if the President were on trial (though it may only be a simple majority vote to complete the impeachment, instead of the 2/3 required to impeach the President)."

Impeaching a judge is exactly the same process as impeaching the President.  Both only require a majority vote in the House, but then a 2/3 vote of the Senate to convict.  Judge Porteous in New Orleans was recently removed by fairly overwhelmingly margins in both chambers.

Posted by: Dave J. at January 04, 2011 04:33 PM (DCQ0q)

152 The Republican House should just defund any agency where this happens.  Not one penny should be spent without effective oversight.

What's Obama going to do, cry?

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