Saturday, September 23, 2017

Political Football

United States Code Title 18 § 227 #TakeAKnee


Longtooth said...

Nice find.

But who enforces U.S. Statutory law?

The executive branch which is the enforcement agent of the law is unlikely to enforce a law violated by the President.

Since the US Attorney General's office is responsible to bring suit in federal court, but is simultaneously the defender of the Executive branch, then the Attorney General's office is in conflict with it's duties with respect to the President violating this law.

So any citizen or citizen group can bring suit, but they have to show damages for their claim under this law to have standing in court.

That means the NFL or an NFL team owner must file suit to obtain compensation and justice under this law. But first they have to establish a loss (in revenues or their reputation).

Then even if the case went to the Supreme Court and the court found in favor of the plaintive, then who in the executive branch can fine or remove the President from office?

So there's a big "whoops! " under this law as it relates to the President unless congress (the House) decides to impeach under this law, and then the Senate has to try and then find the President guilty to remove him from office. On a party line vote the Senate won't find the President guilty in the current Senate. And it's even more unlikely for the House to impeach, much less bring charges. aht

Sandwichman said...

Gee, why didn't I think of that? Just kidding.

This an example of "the law" being reduced to empty rhetoric. Note that the amendment which added the executive branch and explicitly identifying the President as a "covered government person" was passed in 2012, with a Republican congress.

ProGrowthLiberal said...

Interesting. Of course Trump's pathetic comments will have no effect on the employment decisions of the NFL. So I guess his defense is simply that no one really cares what he says in the 1st place.

Sandwichman said...

His defense is that he will never be charged, because "order" is more important than law -- and order means hierarchy.

To be fair, he did not threaten to take a specific official act to influence the firing. Shooting off his mouth is not an official act. Roy Cohn obviously mentored him intensely in the art of formulating plausibly deniable sentences that are superficially outrageous and threatening yet ultimately non-incriminating.

"Nice place you got here, it would be a shame if somebody set it on fire."