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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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‘I’m Not Suicidal’: Kari Lake Pushes Hillary Clinton Murder Conspiracy Theory

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Republican U.S. Senate candidate Kari Lake is promoting a conspiracy theory suggesting Hillary Clinton wants to assassinate her. Her remarks came just one day before she lost her attempt to have the Supreme Court review what some have called her conspiracy-theory fueled lawsuit about electronic voting machines.

“Lake, who filed the lawsuit during her failed campaign for governor in 2022, challenged whether the state’s electronic voting machines assured ‘a fair and accurate vote.’ Two lower courts dismissed the suit, finding that Lake and former Republican state lawmaker Mark Finchem had not been harmed in a way that allowed them to sue,” CNN reported Monday.

Also on Monday Law&Crime reported that when she filed her lawsuit, a Dominion Voting Systems spokesperson “rejected Lake’s cybersecurity claim, telling Law&Crime it was ‘implausible and conspiratorial.'”

Democracy Docket, founded by top Democratic elections attorney Marc Elias, called it “the end of the road for a conspiratorial lawsuit,” and Lake and Fincham, “election deniers.”

READ MORE: ‘Old and Tired and Mad’: Trump’s Demeanor in Court Detailed by Rachel Maddow

Lake, a far-right conspiracy theorist who has yet to concede the 2020 election, which she lost to Democrat Katie Hobbs, has a history of pushing exaggerated and baseless claims.

On Sunday, as MeidasTouch Network reported, Lake promoted an old, anti-Clinton conspiracy theory but twisted it to try to make it appear she was in danger from former U.S. Secretary of State and former Democratic presidential nominee Hillary Clinton.

Lake on Newsmax listened to a clip of Secretary Clinton calling Trump’s fondness for Russian President Vladimir Putin a “bromance,” and saying the ex-president is “just gaga over Putin, because Putin does what he would like to do: kill his opposition, imprison his opposition, drive, you know, journalists and others into exile, rule without any check or balance.”

Then Lake promoted a thoroughly debunked conspiracy theory by responding, “Oh, boy. Oh, that’s really rich coming from a woman like Hillary Clinton, who’s, how many of her friends have just like, mysteriously died or committed suicide?”

“I mean, honestly, that’s rich of her. What President Trump wants is to root out the corruption and deliver our government back to We The People and she looks very nervous. She talked about her friend Mark Elias, Mark Elias has meddled in in his and his cohorts have meddled in the elections.”

She called Democratic policies, “destructive, deadly and frankly, in some ways, diabolical,”and added, “it’s almost comical that Hillary Clinton is talking about Trump wanting to kill his opponents.”

READ MORE: ‘Election Interference’ and ‘Corruption’: Experts Explain Trump Prosecution Opening Argument

“I just want to say as I’m as I’m speaking about this topic, I want everyone out there to know that my brakes on my car have recently been checked and they work. I’m not suicidal. And Hillary, I don’t mean any harm to you. Please don’t send your henchmen out to me. We understand what you’re about. ”

Watch below or at this link.

READ MORE: ‘Rally Behind MAGA’: Trump Advocates Courthouse ‘Protests’ Nationwide

 

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‘Old and Tired and Mad’: Trump’s Demeanor in Court Detailed by Rachel Maddow

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MSNBC top host Rachel Maddow, inside Manhattan’s Criminal Courthouse on Monday declared Donald Trump appeared “old and tired and mad,” as she delivered observations about the ex-president on trial for 34 counts of falsification of business records alleged in the alleged pursuit of election interference to protect his 2016 presidential run.

Trump “seems considerably older, and he seems annoyed. Resigned, maybe, angry. he seems like a man who’s miserable to be here,” the award-winning journalist told MSNBC viewers Monday afternoon.

“I’m no body language expert,” she conceded, “and this is just my observation. He seemed old and tired and mad.”

The New York Times’ Susanne Craig, from inside the courthouse Monday morning reported: “Trump is struggling to stay awake. His eyes were closed for a short period. He was jolted awake when Todd Blanche, his lawyer, nudged him while sliding a note in front of him.”

The Biden campaign was only too happy to pick up and report Craig’s observation, adding “feeble.”

Former Obama senior advisor David Axelrod, pointing to his piece at The Atlantic, wrote of Trump: “He has charmed & conned, schemed & marauded his way through life. He was bred that way. But the weariness & vulnerability captured in courtroom images betray a growing sense in Trump that he could wind up as the thing his old man most reviled:
A loser.”

Watch Maddow’s remarks below or at this link.

READ MORE: ‘Election Interference’ and ‘Corruption’: Experts Explain Trump Prosecution Opening Argument

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‘Election Interference’ and ‘Corruption’: Experts Explain Trump Prosecution Opening Argument

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Prosecutors for the State of New York in their opening statement drew a direct line between the October 2016  “Access Hollywood” leaked audio and Donald Trump’s alleged “hush money” payoff to two women, including the adult film actress Stormy Daniels, telling the jury it was “election fraud, pure and simple.”

Legal experts are dissecting the prosecution’s opening argument. Professor of law, MSNBC contributor and former FBI General Counsel Andrew Weissmann summed it up, saying New York District Attorney Alvin Bragg “squarely places the NY criminal trial in the election interference/corruption bucket– exactly what the DC and GA indictments allege, just 4 years later.”

“And the NY alleged ‘cover up’ is reminiscent of the two MAL [Mar-a-Lago] alleged obstruction schemes post-presidency, to keep prosecutors from uncovering evidence of that scheme,” Weissmann added.

Prosecutor Matthew Colangelo late Monday morning in his 45-minute opening argument told jurors, “This case is about criminal conspiracy and a cover up,” according to MSNBC’s Joyce Vance.

READ MORE: ‘Rally Behind MAGA’: Trump Advocates Courthouse ‘Protests’ Nationwide

“The defendant, Donald Trump, orchestrated a criminal scheme to corrupt the 2016 presidential election,” Colangelo told jurors, CNN reports. “Then he covered up that criminal conspiracy by lying in his New York business records over and over and over again.”

“This was a planned, coordinated long-running conspiracy to influence the 2016 election, to help Donald Trump get elected through illegal expenditures,” Colangelo, a former U.S. Department of Justice Acting Associate Attorney General, told jurors.

“Another story about sexual infidelity, especially with a porn star, on the heels of the Access Hollywood tape would have been devastating to his campaign,” Colangelo added. “’So at Trump’s direction, Cohen negotiated the deal to buy Daniels’ story,’ and prevent it from becoming public before the election.”

“It was election fraud, pure and simple.”

Vance, an MSNBC legal analyst, professor of law and former U.S. Attorney, explains: “The scheme the prosecution is outlining is catch & kill to elect Trump-awful but lawful. Trump crossed the line into illegality when he created false business records to conceal his payments to Cohen to cover up the payments to Stormy Daniels.”

READ MORE: Fox News Host Suggests Trump ‘Force’ Court to Throw Him in Jail – by Quoting Him

“It’s always the cover up,” she adds.

Professor of law and former Deputy Assistant Attorney General Harry Litman adds, the prosecution told jurors “a straight election-interference story.”

Colangelo, Litman says, told jurors that Trump’s then personal attorney Micheal Cohen “then discussed the [Stormy] situation with Trump who was adamant he did not want the story to come out. Another story…on the heels of the Access Hollywood tape would have been devastating to his campaign.”

MSNBC legal contributor Katie Phang describes Colangelo’s opening argument, saying he is “working methodically and chronologically through the conspiracy, identifying the main characters and their involvement. He speaks clearly and succintly [sic].”

Trump has been criminally indicted in four separate cases and is facing a total of 88 felony charges, including 34 in his New York criminal trial for alleged falsification of business records to hide payments of hush money to an adult film actress and one other woman, in an alleged effort to suppress their stories and protect his 2016 presidential campaign, which could be deemed election interference.

Watch an MSNBC clip below or at this link.

 

READ MORE: Gaetz: ‘Corrupt’ Republicans Could ‘Take a Bribe’ and Throw House to Dems, Blocking Trump Run

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