Etiquette



DP Etiquette

First rule: Don't be a jackass.

Other rules: Do not attack or insult people you disagree with. Engage with facts, logic and beliefs. Out of respect for others, please provide some sources for the facts and truths you rely on if you are asked for that. If emotion is getting out of hand, get it back in hand. To limit dehumanizing people, don't call people or whole groups of people disrespectful names, e.g., stupid, dumb or liar. Insulting people is counterproductive to rational discussion. Insult makes people angry and defensive. All points of view are welcome, right, center, left and elsewhere. Just disagree, but don't be belligerent or reject inconvenient facts, truths or defensible reasoning.

Friday, February 21, 2025

MAGA's emerging rule of law subversion tactic: Find or make ways to ignore court decisions

This is an attempt to describe generally the process of legal reasoning in the field of case law, and in the interpretation of statutes and of the Constitution. It is important that the mechanism of legal reasoning should not be concealed by its pretense. The pretense is that the law is a system of known rules applied by a judge; the pretense has long been under attack. In an important sense legal rules are never clear, and, if a rule had to be clear before it could be imposed, society would be impossible. The mechanism accepts the differences of view and ambiguities of words. It provides for the participation of the community in resolving the ambiguity by providing a forum for the discussion of policy in the gap of ambiguity. On serious controversial questions it makes it possible to take the first step in the direction of what otherwise would be forbidden ends. The mechanism is indispensable to peace in a community.” -- Former US Attorney General, Edward H. Levy, An Introduction to Legal Reasoning, 1949



Over the years, I have discussed the concept of our sloppy laws and Constitution. Congress is sloppy about writing laws and the Constitution itself have major sources of ambiguity. Also, because the English language tends to be imprecise, court decisions often leave room for varying interpretation. All of that fuels endless disagreements resolvable only by democratic compromise or authoritarian coercion or force. On top of that mess, humans in partisan politics mode are usually morally weak and more irrational than not. MAGA is the epitome of deceit-driven, irrational and immoral politics. That's little different from authoritarian fascism, communism and Christian theocracy were in their day. 

A key hallmark of authoritarianism and kleptocracy is the rule of those in power instead of the rule of law. Dictators, theocrats and plutocrats all tell the world they obey the rule of law, but that is a flat out lie. They make the laws and enforce them as they see fit. A NYT article (not paywalled) discusses MAGA's tactic of disobeying court inconvenient decisions by finding or creating loopholes: 

The Trump administration is systematically exploiting loopholes to effectively keep much of the president’s blanket spending freezes in place, accounts by officials and court filings show, despite restraining orders from judges who have told agencies to disregard the directives.

The administration’s strategy is to have political appointees embedded in various agencies invoke other legal authorities to pause spending, while posturing as if those officials had undertaken the efforts independent of President Trump’s original directives.

As we can all see, corrupt djt administration officials pay lip service to complying with the letter of the court orders while violating their spirit. This aggressive, nimble tactic shows allows the djt administration to keep funds blocked. Judge have to deal with enormous complexity when they try to compel the administration to release the money. 

The NYT describes an example of djt's loophole tactic. This came in a declaration filed three days ago by MAGA thug Pete Marocco. Marocco is the appointee leading djt’s effort to get rid of the USAID by imposing a freeze on nearly all foreign aid spending. In the declaration Marocco said USAID officials were told not to enforce a court order releasing funds that had been frozen by djt. The money is still blocked because the agency’s payment system is nonfunctional. Thus it is impossible to keep humanitarian aid money flowing. 

Corrupt MAGA thug Morocco

That is not a legal loophole in the court order to unfreeze the money. But it is a subversion tactic implemented by sabotage. Here, the djt administration made a way to blow off a federal court order. The MAGA excuse is that djt wants tighter control over federal spending and is implementing new payment procedures. That is why payments cannot be made. The same tactic is being applied elsewhere. Other domestic grant programs are now also broken because the systems that allow them to draw down on the funds have remained inaccessible.

The depth and breadth of MAGA's cynical authoritarian intent and insulting mendacity cannot be much clearer. The rule of law is under direct attack and federal judges are incapable of fighting back so far. Of course, some are secretly complicit.