US Attorney General Ignores Inconvenient Legal Opinion, Shops Around For One He Likes Better

You see, Eric Holder is brave while you my dear fellow American are simply a coward. That's why he gets to ignore his Office Of Legal Council's judgment that the bill to give the District of Columbia a voting member in the House is blatantly unconstitutionall and simply find a political hack who will back the position he and the president hold.

Justice Department lawyers concluded in an unpublished opinion earlier this year that the historic D.C. voting rights bill pending in Congress is unconstitutional, according to sources briefed on the issue. But Attorney General Eric H. Holder Jr., who supports the measure, ordered up a second opinion from other lawyers in his department and determined that the legislation would pass muster.
A finding that the voting rights bill runs afoul of the Constitution could complicate an upcoming House vote and make the measure more vulnerable to a legal challenge that probably would reach the Supreme Court if it is enacted. The bill, which would give the District a vote in the House for the first time, appeared to be on the verge of passing last month before stalling when pro-gun legislators tried to attach an amendment weakening city gun laws. Supporters say it could reach the House floor in May.
In deciding that the measure is unconstitutional, lawyers in the department's Office of Legal Counsel matched a conclusion reached by their Bush administration counterparts nearly two years ago, when a lawyer there testified that a similar bill would not withstand legal attack.
Holder rejected the advice and sought the opinion of the solicitor general's office, where lawyers told him that they could defend the legislation if it were challenged after its enactment.

Well, thank God we've gotten rid of those evil Bushies and their nefarious plots to run roughshod over the Constitution!

Feel better yet?

Posted by: DrewM. at 10:12 AM

Comments

1 Zombie America rambles on toward the abyss.

Posted by: eman at April 01, 2009 10:21 AM (RkZLl)

2 Hey, I'm not the one who hated John McCain, so NO I don't feel better yet.

Posted by: ingrid newkirk at April 01, 2009 10:23 AM (xyyHG)

3 Once again, according to O'Mafia, that pesky Constitution is simply a hindrance to performing miracles for the people and creating utopia for all the world's citizens. Citizens of the world, unite against American Fascism from right wing radicals.

Posted by: Fish at April 01, 2009 10:23 AM (CG+cG)

4 Never thought I would ever say this but Sweden and France are starting to look way more conservative than America.

Posted by: IC at April 01, 2009 10:25 AM (jZNCU)

5 Didn't that Democrat crackpot Ronnie Earle shop around until he got what he wanted too?

Posted by: Topsecretk9 at April 01, 2009 10:27 AM (OoHBI)

Hey, please don't squeeze the Constitution.

It makes it fell all wrinkly on my ass.

Posted by: Mr. Whipple at April 01, 2009 10:31 AM (zXUuJ)

7 Sounds like a typical smarmy lawyer to me. They all shop cases around to different courts to get the maximum punishment against their adversaries.

This whole administration is using the Constitution like toilet paper. The only section of the BOR they haven't shit on yet is the 3rd Amendment, but I expect to see that soon.

Posted by: Smokey Behr at April 01, 2009 10:31 AM (QyeW7)

Maybe we wouldn't be having this problem if we'd voted an American into the Presidency.

You know, one who actually studied the Constitution and writings of our Founders and was familiar with the notions of limited government and individual freedom instead of the wit and wisdom of Alinsky, Wright, Pfleger and Ayers.

Posted by: BackwardsBoy at April 01, 2009 10:34 AM (ZGhSv)

9 I keep hoping that today's headlines are all just April Fool's jokes, but the joke is on us.

Posted by: Luca Brasi at April 01, 2009 10:34 AM (YmPwQ)

Well, its only fair. Since Republicans are, by-in-large, strict constructionists, then a strict interpretation of the Constitution should logically apply.

On the other hand, since lib pinko Democrats feel entitled to just pull shit out of their ass and impose it on everyone, then they should be able to do that.

Easy.

Posted by: Kae Gregory at April 01, 2009 10:35 AM (RkRxq)

11 I don't really see the big deal of this. The idea that justice isn't political is a fallacy.
I'm sure there were plenty of people who told Bush 43 that some of the Homeland security stuff would not pass muster and they went ahead anyway to test it.

The only thing that makes this so bad is that a 6th grader could read that bill and know it was unconstitutional. Going ahead is simply because you think you can shop around for judges. It's standard MO for the left.

Posted by: Rocks at April 01, 2009 10:37 AM (Q1lie)

12 The Solicitor's General's Office is the equivalent of the Executive Branch's law firm.

He basically sent them an RFQ asking can do it, of course that office would respond with "love to" - it is what they get paid to do.

He knew what answer he was going to get. Looks like this one is headed for the courts, with that memo as exhibit #1.

Posted by: Jean at April 01, 2009 10:38 AM (L64A6)

13 Jean:

A copy of the Constitution will be Exhibit #1. The memo will be #2.

Posted by: Harry Callahan at April 01, 2009 10:41 AM (fagDq)

14 I'm sure there were plenty of people who told Bush 43 that some of the Homeland security stuff would not pass muster and they went ahead anyway to test it.

There's a big difference though - it is ethical for a lawyer to push the boundaries and to seek to change law.* It is not ethical for a lawyer to advocate a position which is flatly contradictory to the Constitution, established law and statute. This is blazingly stupid which means I'm sure there a ton of academics supporting it.

*remember we're talking legal ethics here, not ethics ethics, so opposite world rules apply

Posted by: alexthechick at April 01, 2009 10:41 AM (SHHaV)

It's not constitutional, but they are above the constitution. It doesn't matter what that paper says, why should the people of DC be taxed without representation?

So they say.

Posted by: Mama AJ at April 01, 2009 10:42 AM (X6Zdh)

16 It's a good thing this is a big story. Oh wait...it's not.

Posted by: TheQuietMan at April 01, 2009 10:50 AM (1Jaio)

17 The only section of the BOR they haven't shit on yet is the 3rd Amendment, but I expect to see that soon.

Hey, that civilian security force that's funded as well as the military needs to house it's members somewhere.

Posted by: IllTemperedCur at April 01, 2009 10:59 AM (7YgGp)

18 OT:
Michael Vick just signed by the NY Jets

Posted by: Sportsfan at April 01, 2009 11:05 AM (+sBB4)

19 Perhaps some patriot will take the Constitution to a safe place...before he uses it to enrich the veggie garden behind the WH.

Posted by: CPT. Charles at April 01, 2009 11:22 AM (lYKj1)

20 To paraphrase a David Farragut at the Battle of Mobile Bay in 1864...

Damn the constitution full speed ahead!

Posted by: TennDon at April 01, 2009 11:31 AM (o6Yv2)

21 but good conservative lawyers like Joe DiGenova and Victoria Toensing told us that this was a man of unquestionable character who was made for the position.

Posted by: ed at April 01, 2009 11:32 AM (Urhve)

22 Didn't that Democrat crackpot Ronnie Earle shop around until he got what he wanted too?

What Earle went shopping for was jurors. He finally found some dumb enough and/or compliant enough to get the indictment he wanted. I think his bogus harassment of Tom Delay is still ongoing. At least, I haven't heard of it ending, yet.

Posted by: OregonMuse at April 01, 2009 11:33 AM (FO+YO)

Well, yeah, it might be unconstitutional, but it's not like Holder was claiming Obama had the power to lock up U.S. citizens without any warrant, judicial review, lawyer or trial and torture the shit out of them, and also spy on every U.S. citizen's phone calls and emails.

Now that would be serious, and I hope you will oppose it.

Posted by: icus at April 01, 2009 12:02 PM (5anS9)

24 Barak obama loves the constitution. That's why he has to destroy it.

Posted by: Unamerican hate mongering evil libertarian at April 01, 2009 12:11 PM (+GSP9)

25 To paraphrase a David Farragut at the Battle of Mobile Bay in 1864...

In Mobile, they say that his actual quote was Damn! Torpedoes! We'll all be dead!

Posted by: toby928 at April 01, 2009 12:25 PM (PD1tk)

26 I'm not in any mood to comment today, but icus--please list the names of all US citizens who have had the shit tortured out of them. Thank you.

Posted by: ushie at April 01, 2009 12:28 PM (GkYyh)

27 An Obama appointee is a partisan hack with no regard for the Constitution?
Who would have guessed?

Posted by: the real joe at April 01, 2009 12:32 PM (TMoF9)

#26--he won't because he can't, we both know that.

Just more verbal diarrhea from a drooling idiot.

Posted by: irongrampa at April 01, 2009 12:34 PM (ud5dN)

29 Icus
You are full of shit.
Now go boil your head.

Posted by: the real joe at April 01, 2009 12:35 PM (TMoF9)

30 23

Well, yeah, it might be unconstitutional, but it's not like Holder was claiming Obama had the power to lock up U.S. citizens without any warrant,

Posted by: icus at April 01, 2009 12:02 PM (5anS9)

I will give you one million dollars if you can find the word "warrant" in the Constitution.

One. Million. Dollars.

Even after Obamaflation, that will be a lot of money.

Posted by: AmishDude at April 01, 2009 12:43 PM (T0NGe)

31 Posted by: AmishDude at April 01, 2009 12:43 PM (T0NGe)

The 4th Amendment.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

It's either got to be in cash or cashiers check.

And don't even think of weaseling on warrants v. warrant.

One of the moron lawyers here will take my case.

Posted by: DrewM. at April 01, 2009 12:46 PM (hlYel)

it is clearly unconstitutional for DC to have reps in Congress. however, the bill might pass, DC might have elections (and wouldn't they be fun for ACORN?) & the reps may even be sworn in. by that time, the litigation would have reached the slow-moving Supremes (unless they take it as an emergency) & then what will the Supremes do then? unseat the DC representatives?

let's hope the Supremes take this as an emergency.

Posted by: kelley in virginia at April 01, 2009 12:47 PM (g568/)

33 You got me Drew. I forgot.

Aw well, no controlling legal authority.

The point is that we are talking about "unreasonable searches and seizures". The warrant is sufficient but not necessary.

So much for internet theatrics.

Posted by: AmishDude at April 01, 2009 12:49 PM (T0NGe)

34 Posted by: AmishDude at April 01, 2009 12:49 PM (T0NGe)

Alright, which one of you blood sucking vampires fine upstanding officer of the court, is going to take this case on contingency? We have a confession for God's sake!

Even Ace could win this case (not that I'm taking that chance mind you).

Posted by: DrewM. at April 01, 2009 12:53 PM (hlYel)

35 Where's Ace?

Posted by: jaleach at April 01, 2009 12:59 PM (gHrZU)

36 Unfortunately, the problem in expecting the courts to fix this is standing. The only proper plaintiff I can guarantee the courts would say could sue to redress this, and thus allow them to rule on the merits, would be someone affected by some future bill passed by one vote in the House.

Posted by: Dave J. at April 01, 2009 12:59 PM (qsGH+)

It's going to be kind of difficult for the Supremes to mess this one up. The proper legal remedy is to make all residents of Washington DC residents of Maryland for voting purposes. Maryland has Senators and Representatives. The Federal government maintains control of Federal Buildings, monuments and parks.

After a while, writing about emmanations and penumbras while ignoring the words that are written on the paper gets to be hard to explain. The rubes might catch on, and that could lead to all sorts of trouble. This one's too big to flush.

Posted by: MarkD at April 01, 2009 01:12 PM (MMy4A)

38 It's going to be kind of difficult for the Supremes to mess this one up.

I find your lack of faith most disturbing.

Posted by: Anthony M. Kennedy at April 01, 2009 01:21 PM (hlYel)

39 Hey, we've looked and the text of the Constitution has been decide as somewhat unfair.

So obviously we'll convene a Constitutional Congress, propose an Amendment to change the Constitution, get a vote from both Houses and all states and modify the Constitution... ignore it and pretend it doesn't exist.

That other option just looked hard; like anyone would bother to do that. Just get the SCOTUS to agree that the text of the Constitution has no bearing on what is Constitutional... no problem. We'll have that done soon I expect.

Posted by: Gekkobear at April 01, 2009 01:50 PM (X0NX1)

It's going to be kind of difficult for the Supremes to mess this one up.

Posted by: MarkD at April 01, 2009 01:12 PM (MMy4A)

Yeah, it would be like if they decided "Congress shall make no law ... infringing Freedom of Speech" wasn't meant to apply to Political speech, just porn and that sort of thing.

Oh wait, they did that with McCain-Feingold? Have a little faith... I'm certain they can screw this up too.

The U.S. Government: Screwing the Inscrutable for Decades

Posted by: Gekkobear at April 01, 2009 01:53 PM (X0NX1)

41 What the heck, it works for elections, just keep trying til you get the results you want. Can you blame the left for trying?

Posted by: Christopher Taylor at April 01, 2009 01:53 PM (PQY7w)

42 Has anyone ever challenged the original act of concession ceding the District (and originally Arlington and Alexandria counties) to the Federal Government? How about the return of Arlington and Alexandria counties to Virginia? I understand how custody and jurisdiction can change, but not voting rights.

Additionally, if we are going to give the District representation - can they take Arlington and Alexandria back? Virginia would swing steeply to the Right, Maryland, well sorry.

Posted by: Jean at April 01, 2009 01:55 PM (L64A6)

Yeah, one million dollars.

please list the names of all US citizens who have had the shit tortured out of them.

I could name two U.S. citizens locked up for months without any due process:

Yaser Hamdi and Jose Padilla. Padilla was definitely tortured, Hamdi almost certainly.

Posted by: icus at April 01, 2009 02:03 PM (5anS9)

44 Linkies please icus, almost certainly doesn't cut it and neither does the red cross shit that they took directly from the person's mouth.

Posted by: carl hungus at April 01, 2009 02:18 PM (U3CHY)

Posted by: sohbet at April 01, 2009 03:04 PM (03XPq)

46 Hey, if AG holder passes some Benjamins my way, I could give him whatever legal opinion he requires. I'm easy.

Posted by: eaglewingz08 at April 01, 2009 04:17 PM (RdRrk)

47 The only issue will be one of standing. So, I believe only the repubs in Congress would have standing, as the unconstitutional members would dilute their votes (hence the addition of a Utah seat to try to blunt that argument).

Posted by: eaglewingz08 at April 01, 2009 04:19 PM (RdRrk)

Typical government employees always answer when they boss asks, "How much is two plus two?"

"How much do you want it to be."

Posted by: Thomas Jackson at April 01, 2009 04:21 PM (0Qynq)

C'mon, you guys don't smell a rat?

Republicans will be positioned as the party trying to alienate the non-represented black voters in Washington. The Supreme Court will be condemned for upholding the Constitution, perhaps softening up the country for a "new kind of Supreme Court Justice who will use better judgement and be less racist".

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