Forum Replies Created
Coffee Addict: Igros Moshe YD 3:91
The scholarly law review I cited, at the above-mentioned page, states that the VP’s decision to not present a submitted electoral vote would stand unless a majority of both houses of Congress voted to overrule the VP’s decision.December 31, 2020 4:51 pm at 4:51 pm in reply to: President Trump Releases Jonathon Pollard From Parole to go to Israel #1934215
CH: René González, Rosario Ames, Alger Hiss.December 31, 2020 4:49 pm at 4:49 pm in reply to: President Trump Releases Jonathon Pollard From Parole to go to Israel #1934221
The US Parole Commission never failed to continue the parole of a convicted spy after the AG/Justice Department requested an extension of it.
U.S. Const. amdt. XII —
The Senate president is required by the Constitution to “open all the certificates”.
3 U.S.C. § 15 —
The Act further describes as “all the certificates and papers purporting to be certificates”.
Siegel, Stephen A. (2004). “The Conscientious Congressman’s Guide to the Electoral Count Act of 1887”. Florida Law Review. Vol. 56. p. 541. —
Regarding whether the Senate president can be required to present or not present any particular paper submitted as a states electoral college vote, concurrent action by both houses would settle the matter while disagreement between the houses would see the Senate president’s decision upheld.
(The Senate president is the Vice President of the United States.)
Regarding my earlier reference to the joke, I got the year wrong. In one case from 1889, papers sent as a “practical joke” have been presented to the joint session. (Siegel, Stephen A. (2004). “The Conscientious Congressman’s Guide to the Electoral Count Act of 1887”. Florida Law Review. Vol. 56. p. 541.)
To huju: You’re welcome. It is the complete answer.December 30, 2020 11:55 pm at 11:55 pm in reply to: President Trump Releases Jonathon Pollard From Parole to go to Israel #1933899
Reb Eliezer, thankful that he hadn’t extended the parole.
“No state submitted opposing sets of electors this year either. Sure a few nut jobs may have appointed themselves.”
Five states this year have multiple competing slates of electors. The Electoral Count Act clearly states that the Vice President shall open all *purported* slates of electors submitted to Congress. Even if it seems to be a complete farce. In fact, in either 2008 or 2012 (I forget which year it was) some comedian submitted an official looking purported slate of electors for a state as a joke and, in accordance with the act, Congress opened and acknowledged it.
“if aAl gore decided “forget electors im just gonna declare myself president” in that case the court COULD intervene. Correct?”
No. The court could not intervene. If the court was asked to intervene the court would declare the issue a political question for Congress to fix and something the courts are unqualified to address.
Congress could override the presiding officer (i.e. the Vice President) *if* a majority of both houses of Congress voted to override the action of the Vice President. In the absence of a majority of both houses voting to override him, the ruling of the Vice President would stand.
ubiq — The Electoral Count Act specifically addresses the problem of their being multiple sets of electors submitted to Congress coming from the same state. Because that act was passed by Congress in response to that exact problem having occurred just a few years before the act became law.December 30, 2020 8:16 pm at 8:16 pm in reply to: President Trump Releases Jonathon Pollard From Parole to go to Israel #1933862
Reb Eliezer, are you thankful to the Trump Administration for having listened to your call to ease up on Pollard’s penalty?
ENS: You left your thinking cap far away. No part of my discussion was anything other than January 6 — which has NOT been litigated altogether.December 30, 2020 8:04 pm at 8:04 pm in reply to: President Trump Releases Jonathon Pollard From Parole to go to Israel #1933825
besalel, it is normative Justice Department practice to extend the parole of convicted spies, upon expiration. Check previous cases at your convenience.
Furthermore, as a side point, it was widely reported in November when Pollard’s parole was not extended that the Trump Administration decided not to extend it “as a favor to Israel.”
You forgot that we are in golus.
Once you remember that your entire premise falls apart.
“In 2000 Al gore (then vice President) could have just chosen himself as President?”
If Florida had submitted two opposing set of electors in 2000 (they didn’t) and Gore only recognized the Democrat slate submitted (and ignored the Republican slate), members of both houses of Congress could then either accept or reject that (Democrat) slate (by each house voting separately.) If both houses didn’t agree to reject it, Gore technically could have counted Florida for himself, giving himself a majority of the Electoral College and thereby the presidency.
To huju: The Ribono Shel Olam rewards me for expressing his H Hakoras Hatov on His children’s behalf.December 30, 2020 3:49 pm at 3:49 pm in reply to: President Trump Releases Jonathon Pollard From Parole to go to Israel #1933702
Reb Eliezer, Donald Trump and his father have a proven history throughout their lifetimes of selflessly helping Yidden. Not only as President but even in business and personal life before he ever entered politics.
A Shliach Hashem.
“If congress made an internal policy that no Jews can sit in congress, you can bet the court can stop them.”
You’re absolutely incorrect. As egregious as such a policy would be, ONLY Congress could change that. No court.
“80% of the bucherim will go to work in something other then chinuch or klay kodesh”
What’s wrong with that??December 30, 2020 2:04 pm at 2:04 pm in reply to: President Trump Releases Jonathon Pollard From Parole to go to Israel #1933610
The US Parole Commission normally rubber stamps the Attorney General and Justice Department’s request to extend the parole of convicted spies.
The Trump Administration made a special decision to permit the parole to expire.
No court can tell Congress how to handle its internal policies, regulations and/or legislative rulings. Passing laws is a different thing that involves multiple branches of government.December 30, 2020 12:43 pm at 12:43 pm in reply to: President Trump Releases Jonathon Pollard From Parole to go to Israel #1933577
Yidden have been begging presidents since Bill Clinton through George W. Bush through Barack Obama to ease off Pollard’s punishment. All have refused. It took a Donald Trump to have the courage to overrule the “intelligence community” and help a Yid.
Just as The Donald has done for numerous other Yidden.December 30, 2020 11:25 am at 11:25 am in reply to: President Trump Releases Jonathon Pollard From Parole to go to Israel #1933550
Attorney General William Barr could have extended the parole and was expected to do so. But the President and Attorney General decided to end the parole.
To huju: The only payment I accept is from the Ribono Shel Plan for following His command to express Hakaros Hatov to the friends of Klal Yisroel.
The greatest President since Lincoln.
ubiq: A FUNDAMENTAL principle of American constitutional law is that the three branches of the government, the Executive, the Legislative and the Judicial are each COEQUAL to each other. It is an undisputed and basic principle of constitutional law that no court can order Congress to act in any way.
The Vice President of the United States is constitutionally the presiding officer of the United States Senate and of the Joint Session of Congress that is constitutionally tasked with making the final count and determination of the winner of the Electoral College.
As presiding officer, Vice President Michael Pence’s rulings in the Joint Session are final and unappealable.
All of this is basic constitutional law.
It isn’t true. Sincere Bnei Torah working bochorim are looked up to and sought after.
ENS: Your reading comprehension needs a lot of improvement. I did NOT say Biden will be removed/convicted after being impeached. In fact, I clearly said he would not be.
Orech: Democrats have adamantly opposed any form of voter ID requirements EVERY time its every come up.
Pence might just declare Trump the winner when he constitutionally presides over the Joint Session on January 6. His ruling is that final ruling and cannot constitutionally be judicially reviewed.
Orech: Why aren’t the Democrats opposed to ID to buy alcohol, enter a government building, obtain welfare money or get on a flight for “distinct populations”?
By all means add state-issued student IDs to the accepted list. And make them easily obtainable when requiring them to cast a ballot.
But the Democrats are ADAMANTLY opposed to ANY mandate of requiring ID before voting. Because requiring it would hamper their ability to cheat.
Meno, *if* the person is in a higher risk category (but not on the government’s prioritized access list) AND the difference in time between getting it by waiting versus getting it now has an appreciable risk of death or severe injury.
President Trump’s use of pardons and commutations on behalf of numerous Orthodox Jews, whereas previous presidents have refused to, is another manifestation of The Donald’s ahavas Yisroel.
ubiq: After the midterms when Biden is impeached he will not be removed.
The Democrats here a very long history of being master election thieves. From JFK to LBJ in Texas to Daley in Chicago to today.
Which is why Democrats OPPOSE Voter Identification requirements even though you need ID to get a library card to take a flight or even to walk into a government building.
ENS: There were no serious calls to impeach Obama. There *were* serious calls by Democrats to impeach Bush. Impeachment has been devalued by Democrats into an everyday political weapon.
Clinton was deservedly impeached. The Democrats effort against Trump was a legal farce.
The Democrats and Biden will have to reap what they sowed in two years after the midterms.
If two starving people see food that can save one of them, either person can attempt to grab it first to save themselves.
Amil: Constitutional Law 101 for you — the President has the absolute right and authority directly under the constitution to pardon or commute any federal conviction, for any reason, without any necessity to have the case go through any formal review whatsoever.
That constitutional rule takes precedence over any technical regulations or review bodies.
Furthermore, previous presidents have as well granted pardons and commutations outside the formal Justice Department process.
jackk: Constitutional Law 101 for you — Harris doesn’t become president after Biden is impeached.
Orech: The Democrats have devalued impeachment over the last two years. They will now have to reap what they sowed.
jackk, Biden can, should and will be impeached on a pretext just as the Democrats did in 2019. The pretext will differ from the pretext the Democrats cooked up.
Like I said, fellows, Democrats used a false pretext to impeach.
Don’t cry when Republicans return the favor.
ubiq: They’ll impeach Biden over the same thing the Democrats impeached — he’s a member of the opposite party. Like the Democrats the Republicans will find some pretext.
jackk: When the Republicans win back the House in two years, by winning the small number of seats necessary when historically midterms the president’s party loses, and impeach Biden, you’ll eat your words.
ubiq: They clearly stated they will not give it to anyone not meeting one of the three criteria they listed as qualifiers to receive it from their clinic.December 28, 2020 1:43 pm at 1:43 pm in reply to: The Trump Vaccine for the Chinavirus Developed via Operation Warp Speed #1932677
To huju: is your communism ideological or practical?
I’m not as sure about the local version of the Daley Political Machine organizing a get-out-the-vote effort for people residing in cemeteries but still not expunged from the local voting roster.December 27, 2020 9:13 pm at 9:13 pm in reply to: The Trump Vaccine for the Chinavirus Developed via Operation Warp Speed #1932463
CH: Dr. Fauci ultimately works for President Trump. And his clinical research for Operation Warp Speed was done at the behest of President Trump.
Reb Eliezer: An elderly vulnerable person with preexisting conditions living at home cannot get the vaccine through normal channels currently.
Yet young Congresswoman AOC did get the vaccine. Explain that.