Joyce I am so motivated and truly appreciative of your posts. I live in Madison WI where we are doing our very best to get Susan Crawford elected. My question to you and Steve is , “How is this election even valid given what we know about the current violations by Musk not releasing campaign $$ information and the payments being made to republican voters to supposedly just sign a petition, but is really paying them $100 to vote in the election and vote against Crawford?
Right now I'm writing my last batch of postcards for Judge Susan Crawford. I've been writing with Postcards to Voters since Doug Jones's campaign for the U.S. Senate in 2017. It's a great habit to get into, not least because these candidates running for office up and down ballot are so inspiring!
Dorothy - I'm a 4th generation Wisconsinite who 'escaped the great cheese curtain' 50 years ago, and reside in RI. How do we donate and/or support Susan Crawford?
If a judge holds Trump or an administration officials in contempt and the U.S. Marshals refuse to enforce the contempt order, what is the next step in the judicial process? Would this scenario trigger a constitutional crisis?
A federal judge has the authority to deputize other officials and law enforcement officers to enforce their contempt order, should the USMS not do so. The USMS is required to enforce federal court orders and has been since the Judiciary Act of 1789. There was reporting that the USMS was directed not to enforce federal court orders against the Customs and Border Protection agency at LAX, the Los Angeles International Airport, in connection with Demento's so-called "Muslim ban" in 2017, but the matter was supposedly resolved before the court had to resort to its other enforcement options.
As I say above, a federal judge has the authority to deputize other officials and law enforcement officers, including at the state level, to enforce their contempt order, should the USMS, for some reason, not be able to do so as required by statute dating back to the First Congress.
Thank you for this informative reply. I was concerned that it might come down to the individual marshals having to decide whether they would obey instructions by the DOJ.
I have the same question as Joan. Can the judiciary make use of local or state enforcement personnel that is not under the control of the Executive Branch?
Joyce, is it permissible for Judge Boasberg to consult privately with another jurist - say a retired senior judge - about the legal issues presented by this case, or is he required by judicial ethics to consider the facts and the law in complete isolation? In thinking about the potentially historic implications of the showdown, it occurs to me how lonely his task is if the judge can’t talk through the issues with a trusted colleague.
Both the Senate and House have to pass the legislation. Then the President must sign it into law. So sad - we don't have a majority in either chamber and we have co-presidents musk and trump who or corrupt to the core.
Long legal story but, the answer YES as the money-talks & corps-are-persons case relied on a case filed by a California railroad company trying get relief from a Santa Clara County, CA Tax. See, Santa Clara County vs. Southern Pacific Railroad Company decided by SCOTUS via Court Reporter errors on 5/10/1886. Yup over a century ago.
In short, Federal Courts can use a "Writ of Error" to correct error filled earlier decisions. That is the exact same way young Fred Koretmatsu's WWII conviction was overturned in the Northern District of California circa 2010.
More formally the Court procedure is known as a Writ of 'coram nobis'. Such a Writ of Error was issued by the same Court, the Northern District in San Francisco, where the historic error against Fred Korematsu was originally made.
Good question as law firms, lawyers & their clients are under intense attack. "Democracy Forward" comes to mind while I take one more procedural step to reactivate my Cal State Bar license from inactive & retired to Active. :---)
Even if Trump can’t be led accountable, can other members of his administration be held accountable, and how could that happen. How but Musk’s enforcers? Are they even government employees or are they private citizens?
How do we get through the MAGA disinformation wall? It really feels to me like everything I read on Substack is “talking to the choir“ are we doing anything to try to get clear and accurate information to those poor people who believe everything they hear on Fox News?
Absolutely right. And also the Joe Rogans and Tucker Carlsons of this world who appear on the surface of it to love Putin and Orban more than Madison and Jefferson.
Most Trump supporters are getting their info from MAGA sources, like the Braithwaite newsletter. These “journalists” see the same events that we do, but they put unbelievable spin on the meanings. When the author is extremely biased toward Trump, the effects of the behaviors of Trump, Musk, Bondi, etc., become cleansed and pure. Parts of my family have been listening to ultra-conservative sources for so many years, I believe their minds are wired that way now. We must concentrate on newer converts to right-wing thinking. The hard-wired extremists are likely to continue thinking that it’s necessary for the Republican Party to do whatever crazy, wrong actions bring about the country and world changes they seek.
Q: Can SCOTUS reverse a recent decision without a case before it? Meaning can Court vote again on a case recently decided and come up with different result?
Technically, it could after a rare "rehearing" of the case or cases in question, but typically the Court has done so to grant review or certiorari where previously denied. There is also a time limit to petition the Court for a rehearing after a decision or denial is handed down.
Is printing a list of all the Republican Representatives & Senators PRESSURING them DAILY to start taking their oath to ‘protect and defend the constitution’ and NOT Donald Trump helpful?
As Senator Smith stated on June 1, 1950:
“Those of us who shout the loudest about Americanism in making character assassinations are all too frequently those who, by our own words and acts, ignore some of the basic principles of Americanism,” she said. Americans have the right to criticize, to hold unpopular beliefs, to protest, and to think for themselves, she said. She condemned those trying to stifle dissent.
“I do not want to see the Republican Party ride to political victory on the Four Horsemen of Calumny—Fear, Ignorance, Bigotry and Smear,” she said. “As an American, I condemn a Republican Fascist just as much as I condemn a Democrat Communist. They are equally dangerous to you and me and to our country. As an American, I want to see our nation recapture the strength and unity it once had when we fought the enemy instead of ourselves.”
Senator Smith ended with a WARNING:
“It is high time that we all stopped being tools and victims of totalitarian techniques—techniques that, if continued here unchecked, will surely END what we have come to cherish as the American way of life.”
With the anticipated thousands [million+?]] of heroic protestors on April 5th here's an updated partial list of those fighting back every day [as of 3-23-25). I'm also adding courageous law firms who haven't caved. Besides upstanding lawyers, and law-abiding honorable (present and former) judges (including James Boasberg, chief judge, D.C. District Ct.), here's a growing list of Profiles in Courage men, women, and advocacy groups who refuse to be cowed or kneel to the force of Trump/Musk/MAGA/Fox "News" intimidation:
I'll begin (again) with Missouri's own indomitable Jess[ica] (à la John Lewis's "get in good trouble") Piper, then, in no particular order, Heather Cox Richardson, Joyce Vance, Bernie Sanders, AOC, Gov. Tim walz, Rev. Mariann Edgar Budde, Jasmine Crockett, Ruth Ben-Ghait, Rachel Maddow, Lawrence O'Donnell, Chris Hayes, Stephanie Miller, Gov. Janet Mills, Jim Acosta, Jen Rubin And the Contrarians, Dan Rather, Robert Reich, Steve Brodner, Brian TylerCohen, Jessica Craven, Scott Dworkin, Annne Applebaum, Lucian Truscott IV, Chris Murphy, Elizabeth Warren, Tim Snyder, Robert B. Hubbell, Ben Meiseilas, Rich wilson, Ron Filpkowski, Jeremy Seahill,Thom Hartmann, Jonathan Bernstein, Simon Rosenberg,
Steve Schmidt, Josh Marshall, Paul Krugman, Andy Borowitz, Jeff Danziger, Ann Telnaes,͏ ͏Will Bunch, Jim Hightower, Dan Pfeifer--
American Bar Association, Indivisible. MoveOn, DemCast, Blue Missouri, Third Act, Democracy Forward, Public Citizen, Democracy Index, Democracy Docket, CODEPINK, ACLU et al. And, as Joyce Vance says, "We're in this together"--or via Jess Piper, from rural Missouri: "Solidarity." FIGHT BACK! WE ARE NOT ALONE! (Latest addition: Law firms, see below)
Wilmer Cutler Pickering Hale and Dorr, representing fired inspectors general. (Law.com)
Hogan Lovells, seeking to block executive orders to end federal funding for gender-affirming medical care. (Law.com)
Jenner & Block, also seeking to block the orders on cuts to medical research funding. (Law.com, Reuters)
Ropes & Gray, also seeking to block cuts to medical research funding. (Law.com)
Gibson, Dunn & Crutcher, representing the Amica Center for Immigrants Rights and others seeking to block funding cuts for immigrant legal services. (Law.com)
Can a Federal Judge hold Trump and/or administration officials in civil contempt for ignoring/violating a ruling, and if so, how would that differ from criminal contempt? Would civil contempt involve the U.S. Marshals?
Question: Do we know if any of the TRO's have been complied with that require affirmative action, such as releasing USAID funds and re-hiring previously terminated federal employees? Or are all the TRO's merely precluding further cuts, terminations, etc.?
With the Supreme Court's ruling of immunity and lawmaker's playing dead, I would like to know if there is ANY possible limit to trump's lawlessness. Along with any gang members, it was reported that innocent people were deported to Venezuela. What about the cruel deportations we are not hearing about? My client's friend is from Puerto Rico and living here in Philadelphia with her husband and two children. Her husband was taking care of his sick mother in Columbia. The friend does not speak English. While the children were in school she went to the store without ID and was picked up by ICE. Without allowing her to call anyone they took her phone, threw her in a bus and my client got a call from her from Tijuana, Mexico. The husband had to come back and send photos of her passport to get her back. I just read a harrowing first hand report of a Canadian actress held for almost two weeks in a prison with innocent women from around the world.
It appears that trump can pardon anyone. Is his power truly boundless? Can he have his militia murdering his perceived enemies in broad daylight and then pardon them? What's next, gas chambers?
Given that we have a plethora of attorney working for trump making unfounded legal argument, disrespecting the judiciary etc what leverage can be used via state bar actions to discipline these attorneys in the states they are barred in?
Joyce I am so motivated and truly appreciative of your posts. I live in Madison WI where we are doing our very best to get Susan Crawford elected. My question to you and Steve is , “How is this election even valid given what we know about the current violations by Musk not releasing campaign $$ information and the payments being made to republican voters to supposedly just sign a petition, but is really paying them $100 to vote in the election and vote against Crawford?
The hope is that people is Wisconsin will see what's going on and be outraged by efforts to buy their votes.
Great question, Dorothy!
Of huge importance. Can a nation be outright bought by the richest person in the world??
Has Citizens United really allowed a billionaire to buy our elections, whenever he feels shunted, shamed, or angry?
Looks like yes (2024 presidential)
And now Wisconsin Courts. Has he no self awareness of how his hubris is metastasizing?
I sent a contribution to Susan Crawford from CA.
I also contributed from CA
Same here.
Same here.
I contributed from Florida, also gave to our 2 congressional special elections also on Feb 1.
Me too!
Right now I'm writing my last batch of postcards for Judge Susan Crawford. I've been writing with Postcards to Voters since Doug Jones's campaign for the U.S. Senate in 2017. It's a great habit to get into, not least because these candidates running for office up and down ballot are so inspiring!
It occurs to me that one could subvert Musk by collecting the U$100 and then voting however one wanted--it’s still a secret vote, no?
000h! Should we scam Musk??
Shucks if it were me,I’d change parties, collect $100 and vote for the democratic candidate.
Dorothy - I'm a 4th generation Wisconsinite who 'escaped the great cheese curtain' 50 years ago, and reside in RI. How do we donate and/or support Susan Crawford?
I’ve contributed twice now, then2nd time because of Elon’s buy the vote offer. I’m from Rhode Island!
Crawfordforwi.com
If a judge holds Trump or an administration officials in contempt and the U.S. Marshals refuse to enforce the contempt order, what is the next step in the judicial process? Would this scenario trigger a constitutional crisis?
A federal judge has the authority to deputize other officials and law enforcement officers to enforce their contempt order, should the USMS not do so. The USMS is required to enforce federal court orders and has been since the Judiciary Act of 1789. There was reporting that the USMS was directed not to enforce federal court orders against the Customs and Border Protection agency at LAX, the Los Angeles International Airport, in connection with Demento's so-called "Muslim ban" in 2017, but the matter was supposedly resolved before the court had to resort to its other enforcement options.
The problem -I think --is that the USMS is part of the now corrupted DOJ and the USMS head reports to the AG.
As I say above, a federal judge has the authority to deputize other officials and law enforcement officers, including at the state level, to enforce their contempt order, should the USMS, for some reason, not be able to do so as required by statute dating back to the First Congress.
Thank you for this informative reply. I was concerned that it might come down to the individual marshals having to decide whether they would obey instructions by the DOJ.
I have the same question as Joan. Can the judiciary make use of local or state enforcement personnel that is not under the control of the Executive Branch?
Yes.
It defines one
Thank you, Dale, for this info that a federal judge can deputize other officials. So good to know this about the power of the federal judiciary
Joyce, is it permissible for Judge Boasberg to consult privately with another jurist - say a retired senior judge - about the legal issues presented by this case, or is he required by judicial ethics to consider the facts and the law in complete isolation? In thinking about the potentially historic implications of the showdown, it occurs to me how lonely his task is if the judge can’t talk through the issues with a trusted colleague.
What, if anything, could cause the Citizens United ruling to be overturned?
Citizens United (2010) is the poison coursing through the veins of our democracy. REDMAP and Trump are the carriers.
Both the Senate and House have to pass the legislation. Then the President must sign it into law. So sad - we don't have a majority in either chamber and we have co-presidents musk and trump who or corrupt to the core.
Thank you, Linda. Yes, I didn’t mention that I had already dismissed the notion of successful legislative action on this scourge.
Legislation could do it, I think.
Long legal story but, the answer YES as the money-talks & corps-are-persons case relied on a case filed by a California railroad company trying get relief from a Santa Clara County, CA Tax. See, Santa Clara County vs. Southern Pacific Railroad Company decided by SCOTUS via Court Reporter errors on 5/10/1886. Yup over a century ago.
In short, Federal Courts can use a "Writ of Error" to correct error filled earlier decisions. That is the exact same way young Fred Koretmatsu's WWII conviction was overturned in the Northern District of California circa 2010.
More formally the Court procedure is known as a Writ of 'coram nobis'. Such a Writ of Error was issued by the same Court, the Northern District in San Francisco, where the historic error against Fred Korematsu was originally made.
Fix the court error where it occurred!
Thank you. What and who would it take to get a Writ of Error issued for this?
Good question as law firms, lawyers & their clients are under intense attack. "Democracy Forward" comes to mind while I take one more procedural step to reactivate my Cal State Bar license from inactive & retired to Active. :---)
Thank you for dedicating yourself to this. If this old lady can help in anyway, I will support.
Even if Trump can’t be led accountable, can other members of his administration be held accountable, and how could that happen. How but Musk’s enforcers? Are they even government employees or are they private citizens?
How do we get through the MAGA disinformation wall? It really feels to me like everything I read on Substack is “talking to the choir“ are we doing anything to try to get clear and accurate information to those poor people who believe everything they hear on Fox News?
Absolutely right. And also the Joe Rogans and Tucker Carlsons of this world who appear on the surface of it to love Putin and Orban more than Madison and Jefferson.
Most Trump supporters are getting their info from MAGA sources, like the Braithwaite newsletter. These “journalists” see the same events that we do, but they put unbelievable spin on the meanings. When the author is extremely biased toward Trump, the effects of the behaviors of Trump, Musk, Bondi, etc., become cleansed and pure. Parts of my family have been listening to ultra-conservative sources for so many years, I believe their minds are wired that way now. We must concentrate on newer converts to right-wing thinking. The hard-wired extremists are likely to continue thinking that it’s necessary for the Republican Party to do whatever crazy, wrong actions bring about the country and world changes they seek.
Q: Can SCOTUS reverse a recent decision without a case before it? Meaning can Court vote again on a case recently decided and come up with different result?
Technically, it could after a rare "rehearing" of the case or cases in question, but typically the Court has done so to grant review or certiorari where previously denied. There is also a time limit to petition the Court for a rehearing after a decision or denial is handed down.
No. The constitution requires a “case or controversy” to enable judicial action.
What can WE do??
Is printing a list of all the Republican Representatives & Senators PRESSURING them DAILY to start taking their oath to ‘protect and defend the constitution’ and NOT Donald Trump helpful?
As Senator Smith stated on June 1, 1950:
“Those of us who shout the loudest about Americanism in making character assassinations are all too frequently those who, by our own words and acts, ignore some of the basic principles of Americanism,” she said. Americans have the right to criticize, to hold unpopular beliefs, to protest, and to think for themselves, she said. She condemned those trying to stifle dissent.
“I do not want to see the Republican Party ride to political victory on the Four Horsemen of Calumny—Fear, Ignorance, Bigotry and Smear,” she said. “As an American, I condemn a Republican Fascist just as much as I condemn a Democrat Communist. They are equally dangerous to you and me and to our country. As an American, I want to see our nation recapture the strength and unity it once had when we fought the enemy instead of ourselves.”
Senator Smith ended with a WARNING:
“It is high time that we all stopped being tools and victims of totalitarian techniques—techniques that, if continued here unchecked, will surely END what we have come to cherish as the American way of life.”
From HCR:
https://open.substack.com/pub/heathercoxrichardson/p/march-22-2025
Puppy is adorable 🥰
With the anticipated thousands [million+?]] of heroic protestors on April 5th here's an updated partial list of those fighting back every day [as of 3-23-25). I'm also adding courageous law firms who haven't caved. Besides upstanding lawyers, and law-abiding honorable (present and former) judges (including James Boasberg, chief judge, D.C. District Ct.), here's a growing list of Profiles in Courage men, women, and advocacy groups who refuse to be cowed or kneel to the force of Trump/Musk/MAGA/Fox "News" intimidation:
I'll begin (again) with Missouri's own indomitable Jess[ica] (à la John Lewis's "get in good trouble") Piper, then, in no particular order, Heather Cox Richardson, Joyce Vance, Bernie Sanders, AOC, Gov. Tim walz, Rev. Mariann Edgar Budde, Jasmine Crockett, Ruth Ben-Ghait, Rachel Maddow, Lawrence O'Donnell, Chris Hayes, Stephanie Miller, Gov. Janet Mills, Jim Acosta, Jen Rubin And the Contrarians, Dan Rather, Robert Reich, Steve Brodner, Brian TylerCohen, Jessica Craven, Scott Dworkin, Annne Applebaum, Lucian Truscott IV, Chris Murphy, Elizabeth Warren, Tim Snyder, Robert B. Hubbell, Ben Meiseilas, Rich wilson, Ron Filpkowski, Jeremy Seahill,Thom Hartmann, Jonathan Bernstein, Simon Rosenberg,
Steve Schmidt, Josh Marshall, Paul Krugman, Andy Borowitz, Jeff Danziger, Ann Telnaes,͏ ͏Will Bunch, Jim Hightower, Dan Pfeifer--
American Bar Association, Indivisible. MoveOn, DemCast, Blue Missouri, Third Act, Democracy Forward, Public Citizen, Democracy Index, Democracy Docket, CODEPINK, ACLU et al. And, as Joyce Vance says, "We're in this together"--or via Jess Piper, from rural Missouri: "Solidarity." FIGHT BACK! WE ARE NOT ALONE! (Latest addition: Law firms, see below)
Wilmer Cutler Pickering Hale and Dorr, representing fired inspectors general. (Law.com)
Hogan Lovells, seeking to block executive orders to end federal funding for gender-affirming medical care. (Law.com)
Jenner & Block, also seeking to block the orders on cuts to medical research funding. (Law.com, Reuters)
Ropes & Gray, also seeking to block cuts to medical research funding. (Law.com)
Gibson, Dunn & Crutcher, representing the Amica Center for Immigrants Rights and others seeking to block funding cuts for immigrant legal services. (Law.com)
Arnold & Porter Kaye Scholer.
Thank you for this!
Can a Federal Judge hold Trump and/or administration officials in civil contempt for ignoring/violating a ruling, and if so, how would that differ from criminal contempt? Would civil contempt involve the U.S. Marshals?
Question: Do we know if any of the TRO's have been complied with that require affirmative action, such as releasing USAID funds and re-hiring previously terminated federal employees? Or are all the TRO's merely precluding further cuts, terminations, etc.?
With the Supreme Court's ruling of immunity and lawmaker's playing dead, I would like to know if there is ANY possible limit to trump's lawlessness. Along with any gang members, it was reported that innocent people were deported to Venezuela. What about the cruel deportations we are not hearing about? My client's friend is from Puerto Rico and living here in Philadelphia with her husband and two children. Her husband was taking care of his sick mother in Columbia. The friend does not speak English. While the children were in school she went to the store without ID and was picked up by ICE. Without allowing her to call anyone they took her phone, threw her in a bus and my client got a call from her from Tijuana, Mexico. The husband had to come back and send photos of her passport to get her back. I just read a harrowing first hand report of a Canadian actress held for almost two weeks in a prison with innocent women from around the world.
It appears that trump can pardon anyone. Is his power truly boundless? Can he have his militia murdering his perceived enemies in broad daylight and then pardon them? What's next, gas chambers?
Given that we have a plethora of attorney working for trump making unfounded legal argument, disrespecting the judiciary etc what leverage can be used via state bar actions to discipline these attorneys in the states they are barred in?
I think I can make it. More Puppy pics please!!!!!
Please check out Feathers of Hope. https://jerryweiss.substack.com/