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In Op-Ed, John Boehner Reveals He Has No Actual Legal Justification For Suing President Obama

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Speaker of the House John Boehner announced over the weekend — in a ghostwritten CNN op-ed — that he has pretty much zero legal or logical justification for suing Barack Obama, but he’s going to try to do it anyway.

Last month Fox News pundit George Will, in his Washington Post column, outlined a hair-brained and likely legally faulty scheme designed to give the Republican-led House a path to sue President Barack Obama. Why? What George Will called the President’s so-called “lawlessness” — aka, doing his job by issuing executive orders, which every president for decades has done. Will presented an idea formed by occasional Fox News guests, attorneys David B. Rivkin and Elizabeth Price Foley.

President Barack Obama’s “offenses against the separation of powers have been egregious in quantity,” Will wrongly claimed, offering his “reason” to sue the President.

Last week and then, in a CNN op-ed this weekend, Speaker John Boehner took the GOP base bait, “borrowing” Will’s suggestion — and the Rivkin-Price Foley tactics — and announced he indeed will sue President Obama.

Clearly, though, he has no idea why — and nor did his CNN ghostwriter.

Boehner (or his ghostwriter,) claims that “too often over the past five years, the President has circumvented the American people and their elected representatives through executive action, changing and creating his own laws, and excusing himself from enforcing statutes he is sworn to uphold — at times even boasting about his willingness to do it, as if daring the American people to stop him.”

If he has been daring the American people to stop him, it certainly wasn’t when he passed Obamacare, ended “Don’t Ask, Don’t Tell,” or moved the country forward more than 570 times. 571 if you count getting re-elected.

CNN’s Sally Kohn writes that the idea of suing Obama is “frivolous” and “nothing more than a flagrant partisan stunt.”

House Republicans are using taxpayer dollars to fund a lawsuit against a President who has literally done not only what every president before him has done but has done it less often and is doing so now only because House Republicans repeatedly refuse to even vote on legislation, let alone pass anything.

Will claims Obama’s “offenses against the separation of powers have been egregious in quantity.” Kohn proves that’s false.

President Theodore Roosevelt enacted 1,081 executive orders during his presidency. President Dwight Eisenhower had 484. President Ronald Reagan had 381. And President George W. Bush had 291.

President Barack Obama has enacted 182 executive orders — yet the GOP accuses him of being an “imperial president,” and Republican members of the House of Representatives are preparing to sue him for violating the Constitution.

If House Republicans don’t like these executive orders, then pass immigration reform and the Employment Non-Discrimination Act. Don’t sue the President. Passing laws that our nation wants and needs is doing your job. Suing the President just because you don’t like him is irresponsible partisan petulance.

And indeed, Boehner’s op-ed offers no legal explanation, no actual justification, no respectable argument for suing President Obama.

Instead, he offers this:

After years of slow economic growth and high unemployment under President Obama, they are still asking, ‘where are the jobs?’ The House has passed more than 40 jobs bills that would help. But Washington Democrats, led by the President, just ignore them.

Even worse, the President’s habit of ignoring the law as written hurts our economy and jobs even more. Washington taxes and regulations always make it harder for private sector employers to meet payrolls, invest in new initiatives and create jobs — but how can those employers plan, invest and grow when the laws are changing on the President’s whim at any moment?

“Where are the jobs?” That’s laughable, considering 48 hours earlier, Bloomberg News reported a “plunge in U.S. unemployment to the lowest level in more than five years,” and noted that payrolls “surged in June by 288,000 workers and unemployment fell to 6.1 percent, a level that Fed officials didn’t expect to see before the end of the year.”

Seriously, that’s Boehner’s entire argument — eviscerated by “plunging unemployment” and “surging payrolls.”

To quote Rick Perry, “oops.”

Attorney Jonathan Turley has spoken out in opposition to Obama’s use of executive orders. But on his blog this weekend, contributor Mark Esposito wrote a scathing analysis of Boehner’s impending lawsuit and his CNN op-ed: “The Boehner Manifesto: How To Do Nothing And Look Constitutional?

It’s a time-tested feature of the American Presidency that holders of the office are judged by what they do for people and not how they do it. Lincoln is remembered in the consciousness of the public  for ending the Civil War not suspending habeas corpus. FDR is lionized for the New Deal and his leadership against fascism not the court-packing plan. And even ol’ unpopular ‘W” himself has received a popularity renaissance of sorts for his efforts to combat terrorism with hardly a mention of the dubious methods he employed. Why would the public in the last two elections be looking for anything different?  Give us someone who can bring about positive change in Washington and the society it oversees was the order from the populace.

And at the ever-insightful and ever-irreverent Balloon Juice:

The reasons stated to justify Boehner’s lawsuit are fuzzy, unconnected to the law, the Constitution, logic or even reality. That will no doubt make it a winning stunt and distraction for the White Walkers animating the corpse of the GOP.

The base is outraged that a black man is President. They are outraged that he dares to exercise the exact same type of Presidential powers that white Presidents have used in the past. They are outrage that he does not seek permission of the white GOP minority before he acts.

John Boehner gets the outrage of his base. He fears his base and needs them at the same time. To fluff them he will do anything. And so he is preparing to sue the President of the United States for the “crime” of being an uppity negro.

Take the racial code-talking away and there is nothing to support or justify his lawsuit at all.

As silly as this lawsuit will be, sillier still will be the way that the very serious people inside the beltway will pretend that race has nothing to do with it.

Yes, John Boehner, the man who allowed the Tea Party to shut down the government last year, costing American taxpayers $24 billion, the man who spent $3 million to defend DOMA in federal court (you’ll remember, he lost each time,) is now going to take your hard earned money and use it to sue the President, offering another stunt to take the public’s eye off immigration reform, minimum wage reform, and, well, passing laws of any kind.

UPDATE: The White House Deputy Press Secretary just tweeted this:

 

Image by DonkeyHotey via Flickr

 

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News

‘Paved Paradise and Put Up a Parking Lot’: Critics Fume Over Trump’s Rose Garden Revamp

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First Lady Melania Trump’s renovation of Jackie Kennedy’s iconic Rose Garden during Donald Trump’s first term drew widespread criticism. Now, President Trump is renovating that space once again—this time transforming it into a Mar-a-Lago-style patio—sparking a fresh wave of backlash from critics.

President Trump defended what Newsweek described as “bulldozing” part of the Rose Garden, saying the change was intended to make the space more accessible for women wearing high heels, according to The Daily Beast. The renovations also involve removing several trees, including a saucer magnolia reportedly planted to honor President John F. Kennedy.

“It’s supposed to have events,” Trump said of the Rose Garden. “Every event you have it’s soaking wet,” he complained.

“The women with the high heels, it’s just too much… the grass, it doesn’t work. We use it for press conferences. It doesn’t work.”

READ MORE: Trump Starts Weekend Early After Griping Workers Get Too Many Days Off

The White House has done little to inform the American people about the construction, leaving critics to ask questions including who is paying for the construction, and is there a federal agency or commission that approves changes to the White House, given its centuries-long history.

“The White House is a national symbol and not the personal property of any president. Permanent changes should be reviewed by preservation experts and consider public sentiment, not be made unilaterally for vanity or political messaging,” wrote Molly Ploofkins, a social media user whose bio says she is a retired Army medic.

“We’ve got money to bulldoze the White House Rose Garden and turn it into a Mar-a-Lago-style patio, but we can’t pay for cancer research for kids or make sure veterans aren’t living off food stamps,” remarked Democratic strategist and former Harris senior advisor Mike Nellis.

READ MORE: ‘People Will Die’: Shock Over Trump Shutting Down LGBTQ Youth Suicide Hotline Is Growing

“I love how people keep pointing out that private donations paid for it—not the government. I don’t give a s—,” Nellis added later. “The issue is this administration’s priorities. Trump thinks it’s fine to bulldoze the Rose Garden to build a patio so he can relax outside, while doing nothing to improve your life. That’s the criticism. He’s enriching himself, screwing everyone else, and not lifting a goddamn finger to help you. That’s the problem.”

Journalist Jane Coaston remarked, “I am increasingly of the view that Trump wants to ‘be president’ so he can watch musicals and manage the rose garden and he just lets other people be co-president for periods of time so he has more time for musicals and rose garden management.”

“RIP to the White House Rose Garden,” observed former Obama White House photographer Pete Souza. “Today the Rose Garden is being ripped apart as construction begins to pave over the entire grass area. A sad, and unnecessary, day for what used to be the People’s House.”

“The White House rose garden was established in 1913,” noted WAMU’s Esther Ciammachilli, before lamenting, “Trump has just paved paradise and put up a parking lot. This is not his house. It belongs to the American people. He is just a tenant. Nothing is sacred anymore.”

Image via Reuters

 

 

 

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COMMENTARY

Trump Starts Weekend Early After Griping Workers Get Too Many Days Off

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After stalling on a decision in the escalating Middle East crisis and delaying action—some say potentially in defiance of federal law—on the congressionally mandated TikTok ban, President Donald Trump, facing sliding poll numbers, a widely criticized budget bill on the brink of collapse, a looming debt ceiling showdown, and apparent tensions with his Director of National Intelligence, is heading to his Bedminster golf resort for a MAGA dinner and an early weekend likely to include several rounds of golf.

The decision to leave the White House early on Friday comes after he left the G7 early this week, reportedly to make a decision on whether or how to help Israel attack Iran. His former chief strategist, Steve Bannon, jokingly said Trump exited the conference with top world leaders because he was “bored,” The Hill reported.

The President is slated to exit the White House at 2 PM Friday.

READ MORE: ‘People Will Die’: Shock Over Trump Shutting Down LGBTQ Youth Suicide Hotline Is Growing

“With the world on edge, the president’s early departure underscores a pattern critics say reflects misplaced priorities, favoring fundraising and familiar retreats over the day-to-day demands of governance,” MeidasTouch News reported.

The long weekend also comes just hours after President Trump denounced “too many days off” for federal and other workers, a remark he made on Juneteenth, a federal holiday signed into law by President Joe Biden in 2021. Trump had campaigned on passing the legislation to honor and celebrate the day that symbolizes the end of slavery, but made no mention of it this year.

“Too many non-working holidays in America,” Trump decried Thursday evening.

“I know this is a federal holiday.” White House Press Secretary Karoline Leavitt told reporters on Thursday. “I want to thank all of you for showing up to work. We are certainly here. We’re working 24/7 right now.”

This week, in addition to meeting with his national security team, and an “awkward” meeting with players of the Juventus soccer team, Trump presided over the installation of two 88-foot flag poles and the raising of massive American flags at the White House.

READ MORE: ‘Make Asbestos Great Again?’: Trump Slammed for Move to End Ban on Russia-Tied Carcinogen

Trump’s long weekend also comes just one week after millions protested his policies across all 50 states and internationally on Saturday, while he attended a military parade celebrating his and the U.S. Army’s birthdays, and after a tragic political assassination of a Democratic lawmaker and her spouse.

It also comes one week after Trump appeared to make a major about-face, saying farm, hotel, and restaurant workers are valuable and extremely difficult to replace. He suggested that ICE would pause targeting those workers, only to turn around just days later to announce “the largest mass deportation program in history.” The pause on deportations was canceled, leading one notable political commentator and legal analyst, Joyce Vance, to wonder if Trump is actually in charge.

“Who’s running the show?” she asked, suggesting someone may have “countermanded” him on the deportations. “Who’s in charge? Trump or someone else?”

READ MORE: Trump Appears to Confuse America’s Revolutionary War With the Civil War

 

Image via Reuters

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News

‘Actively Trying to Erase Black History’: Trump Berated for Juneteenth Remark

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President Donald Trump, who campaigned in 2020 on making Juneteenth a federal holiday, used the occasion this year to criticize the number of federal holidays—a comment many viewed as a direct slight against Juneteenth, which marks the symbolic end of slavery in the United States. He did not issue a presidential proclamation recognizing the holiday.

It was President Joe Biden who signed the legislation making Juneteenth a federal holiday in 2021. And while he is no longer in office, it was Biden—not Trump—who formally honored and celebrated Juneteenth.

On Thursday, President Biden “took part in the service at the Reedy Chapel AME Church,” in Galveston, “one of the locations where an order announcing the end of slavery in Texas was read on June 19, 1865, two years after President Abraham Lincoln issued the Emancipation Proclamation,” CBS News reported. Biden criticized “ongoing efforts to erase history” during the event, “and appeared to take a shot at his successor, President Trump.”

READ MORE: ‘People Will Die’: Shock Over Trump Shutting Down LGBTQ Youth Suicide Hotline Is Growing

President Biden said, “Still today, some say to me and you that this doesn’t deserve to be a federal holiday. They don’t want to remember…the moral stain of slavery.”

“Our federal holidays say … who we are as Americans,” Biden also said Thursday, as CNN reported. “What we celebrate says what we value.”

At least twice, Biden appeared to refer to Trump, although not by name.

“When speaking about attempts to erase history, he referenced ‘this guy’ before giving himself the sign of the cross — drawing laughter from the audience,” CBS noted. “At another point, Biden pointed to efforts during his administration to rename military bases named after Confederate military officers, a process mandated by Congress.”

Also on Juneteenth, President Donald Trump launched an angry missive at the number of federal holidays, although he did not mention Juneteenth specifically.

READ MORE: ‘Make Asbestos Great Again?’: Trump Slammed for Move to End Ban on Russia-Tied Carcinogen

“Too many non-working holidays in America,” Trump declared. “It is costing our Country $BILLIONS OF DOLLARS to keep all of these businesses closed. The workers don’t want it either! Soon we’ll end up having a holiday for every once working day of the year. It must change if we are going to, MAKE AMERICA GREAT AGAIN!”

While shuttering the federal government while paying workers does cost money, Trump offered no evidence to support his claim that workers don’t want the day off.

Critics berated President Trump.

“Saying there are ‘too many non-working holidays’ on Juneteenth is so on brand for a man who is actively trying to erase Black history,” wrote U.S. Rep. Jasmine Crockett (D-TX). “This from the same man who’s wasted over $26 million in taxpayer dollars and spent more than 30 days golfing since January 20, 2025? Please.”

“As Americans celebrate Juneteenth,” U.S. Senator Patty Murray (D-WA) wrote, “I want to say: Trump can try to erase whatever history he doesn’t like, and he can try to brand ‘diversity’ as something bad. But he won’t succeed. We’ll remember ALL of our history and affirm that diversity is our strength here in America.”

“Not only is he trying to make you work MORE but also he’s taking an apparent dig at Juneteenth. This is coming from the same guy who golfs every weekend. Pathetic,” declared political commentator Harry Sisson.

RELATED: Hegseth Sidelines Juneteenth and Its Military History

 

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