"We the people are the rightful masters of both Congress and the Courts, not to overthrow the Constitution, but to overthrow the men who pervert the Constitution." - A. Lincoln - It seems that time is upon us.
Absolutely true. When SCOTUS allowed the insurrectionist Trump to appear on the ballot it abdicated its ultimate responsibility to protect the Constitution - the reason it was created. And in so doing rendered its own existence extraneous.
Thank you for sharing this decision that tells us now that red lights have been flashing,, on not only the erosion of what is left of guardrails on presidential actions but Trump's single minded drive to act with impunity.
Captain Obvious here—is it any wonder that the most vocal bigots in the MAGAsphere - Miller, Loomer, Vought, Navarro, Trump himself - are the former losers everyone mocked in high school? Revenge of the Stifled.
Thanks to Andrew for providing a cogent lesson on habeas corpus and presidential usurpation of power, particularly for Americans who never went to law school or even aspired to doing so. We are living in the wake of the Supreme Court's decision (less than a year ago) in Trump v. United States to give presidents, and particularly to accede to Trump's challenge to litigation then pending, absolute immunity from criminal prosecution for actions taken within their "core constitutional powers" and presumptive immunity for "official acts" outside their core authority. This was the central building block for Trump's fundamental lawlessness upon resumption of the Presidency a mere 100-plus days ago, including his reliance exclusively on "executive orders," which have no legal weight, to override existing laws enacted by Congress and thereby to cause the havoc he has since wreaked upon all of our liberties. By removing criminal prosecution as a deterrent to unfettered illegal acts by a president, the Supreme Court effectively ignored or rejected Justice Robert Jackson's admonitions, in his Youngstown concurrence (1952), that powers belonging to Congress may be exercised only by Congress and the President cannot act in excess of laws made by Congress merely by relying on "implied powers" under Article II of the Constitution. The current threat to habeas corpus and the right to challenge illegal detention is a most telling expression of Trump's belief that he need not obey either the laws made by Congress or the courts' rulings that are intended to enforce the laws of this country. Justice Jackson was indeed particularly prescient in his warning against usurpation of powers by a president, no matter the justification, based at least in part on his first-hand familiarity with the horrors perpetrated by Hitler and his Nazi minions under the Third Reich. One has to wonder what Justice Jackson would say now.
Oh, Susannah - When the Supreme Court said that the president could not be prosecuted for such orders did it say anything about whether people could be prosecuted for FOLLOWING illegal orders?
Since everyone in the military and in federal civil service swore an oath something like “to support and defend the constitution of the United States against all enemies foreign and domestic “, it would seem like they swore an oath to disobey any order that was clearly unconstitutional.
I know that this puts an exceptional burden on individuals, but it is hard to imagine any person being convicted of following his or her solemn oath. Especially since we have the example of over 1000 people being pardoned for doing just the reverse.
Thank you so very much Attny Weissmann. Every lesson you teach I do learn and grasp much of. We are in such perilous times. I am not a coward by any means. But I am getting pretty darned frightened of how easily this, our beloved way of life and liberty, could pass away.
Thank you. Andrew!! I appreciate you taking the time to inform us and explain these things. It just feels that no matter what we do, they'll find a a way around it. It's hard to stay positive right now!
Dear Andrew, you continue to be just the best. Your commitment to research, educate us, and share, is so heartfelt and articulate. As a former Detective, your articulation of habeas corpus is continually needed. Your love of this country and the law is #1 How privileged your colleagues were, and we are, to have you by our side on this journey. And how privileged we are that you continue to both teach and inspire us. With deepest gratitude. Finnegan Dog and his human
Andrew, I am wondering if you or anyone you know have talked to any Republican Senators and ask what are they truly thinking at this time. It is so inexplicable that they in all conscience can be complicit in dismantling our whole form of government. Beyond heartbroken ...
Thank you Andrew for keeping us informed. Have to tell you I am very very worried. It is beyond me how we became this. I really don't understand what's happened to our country and I'm afraid for it.
Thanks Andrew for reading that decision. Agreed it’s relevant in the times we’re in. The judiciary is holding strong, but congress is Trump’s presently holding the majority. Wondering how we overcome that? Is contacting congressional reps enough along with protests? Do we have to organize to be more effective - contacting certain congressional reps? I feel like the people could and would do more if we had some direction!
The rapid and unexpected fall of Eastern Europe from Soviet control might be our guide. Many people in those countries felt too fearful to protest or speak out- when enough people did- everyone followed. They were all waiting for the tipping point because it felt safer being with the majority, whomever that was. Protest, call representatives, organize locally with friends. You never know if you(!) are the tipping point.
Remind your Congress critter that he, or she swore a solemn oath to “protect and defend the constitution of the United States from all enemies foreign and domestic“.
"We the people are the rightful masters of both Congress and the Courts, not to overthrow the Constitution, but to overthrow the men who pervert the Constitution." - A. Lincoln - It seems that time is upon us.
Absolutely agree!
Absolutely true. When SCOTUS allowed the insurrectionist Trump to appear on the ballot it abdicated its ultimate responsibility to protect the Constitution - the reason it was created. And in so doing rendered its own existence extraneous.
Presidential immunity conjured up out of thin air only produced presidential lawlessness.
Exactly! And to put this kind of immunity in the hands of a career felon criminal spells nothing but disaster!
That is so great Phyllis, thank you, and just so exactly right !!!
and so we shall !!
I’m not so sure the good guys win this one. The MAGA fever dream feel stronger than ever. Ugh
Never give up. We need you.
Thank you for sharing this decision that tells us now that red lights have been flashing,, on not only the erosion of what is left of guardrails on presidential actions but Trump's single minded drive to act with impunity.
But it IS Stephen Miller pulling the strings. He IS Dangerous!
Captain Obvious here—is it any wonder that the most vocal bigots in the MAGAsphere - Miller, Loomer, Vought, Navarro, Trump himself - are the former losers everyone mocked in high school? Revenge of the Stifled.
Revenge of the Stilted?
100% right. Stephen Miller is the puppet master and is following the Project 2025 playbook.
Thanks to Andrew for providing a cogent lesson on habeas corpus and presidential usurpation of power, particularly for Americans who never went to law school or even aspired to doing so. We are living in the wake of the Supreme Court's decision (less than a year ago) in Trump v. United States to give presidents, and particularly to accede to Trump's challenge to litigation then pending, absolute immunity from criminal prosecution for actions taken within their "core constitutional powers" and presumptive immunity for "official acts" outside their core authority. This was the central building block for Trump's fundamental lawlessness upon resumption of the Presidency a mere 100-plus days ago, including his reliance exclusively on "executive orders," which have no legal weight, to override existing laws enacted by Congress and thereby to cause the havoc he has since wreaked upon all of our liberties. By removing criminal prosecution as a deterrent to unfettered illegal acts by a president, the Supreme Court effectively ignored or rejected Justice Robert Jackson's admonitions, in his Youngstown concurrence (1952), that powers belonging to Congress may be exercised only by Congress and the President cannot act in excess of laws made by Congress merely by relying on "implied powers" under Article II of the Constitution. The current threat to habeas corpus and the right to challenge illegal detention is a most telling expression of Trump's belief that he need not obey either the laws made by Congress or the courts' rulings that are intended to enforce the laws of this country. Justice Jackson was indeed particularly prescient in his warning against usurpation of powers by a president, no matter the justification, based at least in part on his first-hand familiarity with the horrors perpetrated by Hitler and his Nazi minions under the Third Reich. One has to wonder what Justice Jackson would say now.
Oh, Susannah - When the Supreme Court said that the president could not be prosecuted for such orders did it say anything about whether people could be prosecuted for FOLLOWING illegal orders?
Since everyone in the military and in federal civil service swore an oath something like “to support and defend the constitution of the United States against all enemies foreign and domestic “, it would seem like they swore an oath to disobey any order that was clearly unconstitutional.
I know that this puts an exceptional burden on individuals, but it is hard to imagine any person being convicted of following his or her solemn oath. Especially since we have the example of over 1000 people being pardoned for doing just the reverse.
Thank you so very much Attny Weissmann. Every lesson you teach I do learn and grasp much of. We are in such perilous times. I am not a coward by any means. But I am getting pretty darned frightened of how easily this, our beloved way of life and liberty, could pass away.
Thank you sir for your teaching and guidance
Thank you. Andrew!! I appreciate you taking the time to inform us and explain these things. It just feels that no matter what we do, they'll find a a way around it. It's hard to stay positive right now!
Dear Andrew, you continue to be just the best. Your commitment to research, educate us, and share, is so heartfelt and articulate. As a former Detective, your articulation of habeas corpus is continually needed. Your love of this country and the law is #1 How privileged your colleagues were, and we are, to have you by our side on this journey. And how privileged we are that you continue to both teach and inspire us. With deepest gratitude. Finnegan Dog and his human
My thoughts exactly - well written!
Andrew, I am wondering if you or anyone you know have talked to any Republican Senators and ask what are they truly thinking at this time. It is so inexplicable that they in all conscience can be complicit in dismantling our whole form of government. Beyond heartbroken ...
Yep, it certainly makes one wonder what sort of hold Donald J. Trump has on them.
Thank you for your respect for all of us and demonstrating it through your sharing of Justice Harlan’s words. I honor your courage and integrity.
Thank you Andrew for keeping us informed. Have to tell you I am very very worried. It is beyond me how we became this. I really don't understand what's happened to our country and I'm afraid for it.
This is why we need to WIN SEATS in 2026. The GOP is obviously more interested in power than We The People and the law.
Since they seem so unconcerned about their chances of being reelected, it makes one wonder just what the midterm “election“ will look like.
Thank you for sharing one of the most intelligent and best written decisions.
Absolutely terrifying. Thank you for explaining.
Thank you and please keep writing.
Thanks Andrew for reading that decision. Agreed it’s relevant in the times we’re in. The judiciary is holding strong, but congress is Trump’s presently holding the majority. Wondering how we overcome that? Is contacting congressional reps enough along with protests? Do we have to organize to be more effective - contacting certain congressional reps? I feel like the people could and would do more if we had some direction!
The rapid and unexpected fall of Eastern Europe from Soviet control might be our guide. Many people in those countries felt too fearful to protest or speak out- when enough people did- everyone followed. They were all waiting for the tipping point because it felt safer being with the majority, whomever that was. Protest, call representatives, organize locally with friends. You never know if you(!) are the tipping point.
Remind your Congress critter that he, or she swore a solemn oath to “protect and defend the constitution of the United States from all enemies foreign and domestic“.
How is that working for them?
Andrew, excellent!
What can the Supreme Court do to stop this without a relevant case before them?