Black-Robed Bastards
The Market Ticker - Commentary on The Capital Markets
2017-02-10 10:19 by Karl Denninger
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Black-Robed Bastards
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This may be in the context of immigration, but it speaks to the broader point:

The writer, Brookings fellow and Lawfare editor-in-chief Benjamin Wittes, had noted the order skipped over a key part of the U.S. code on “inadmissible aliens” which Trump had publicly recited on Wednesday in defense of his immigration restrictions.

The statute reads in part: “Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.”

The claim is correct; this is the actual cite: (read it for yourself at the link!)

(f)Suspension of entry or imposition of restrictions by President

Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate. Whenever the Attorney General finds that a commercial airline has failed to comply with regulations of the Attorney General relating to requirements of airlines for the detection of fraudulent documents used by passengers traveling to the United States (including the training of personnel in such detection), the Attorney General may suspend the entry of some or all aliens transported to the United States by such airline.

The law makes clear that the President has essentially unquestionable authority to restrict entry of immigrants by mere proclamation for any amount of time he or she deems appropriate. There is no provision for that decision to be reviewable by a court; the only redress is political (via impeachment.)

The opinion claims that there is no such thing as "unreviewable" decisions when it comes to constitutionality.  That's true but intentionally misleading.  The Congress and Constitution delegate certain powers to certain places.  A clear act beyond the delegated power is, of course, reviewable whether it is claimed to be or not.

But in this case the statute has been on the books for decades (the 1950s, to be exact) and has been used in this exact context by a huge number of previous Presidents -- including Obama.  In fact when Obama suspended all immigration from Iraq he did so on this exact basis and with this exact statutory authority.  When Jimmy Carter suspended all immigration from Iran he did so on the same basis, with the same authority and did not have to, nor did he even attempt to show that the suspension was due to threats of terrorism.  In fact Carter's suspension was a purely punitive act aimed at Iran for the actions some of their people took on their own soil.  Yes, those actions were aimed at the United States (the taking of hostages in our embassy) but they took place there, not here. Nonetheless that action was both lawful and constitutional.

The court didn't even cite the statute that Trump used to issue his executive order.  It instead tried to use a section of the Immigration code that bears on numerical immigration targets which specifies that in that context you may not discriminate on a number of bases -- nationality being one of them.  The problem is that Trump's order doesn't bear on that section of US Immigration Law at all; it instead relies on the lawful authority of the Executive to suspend immigration from any class of persons when it is, in the opinion of the Executive, in the national interest to do so.  The facts are that Obama took the same action against Iraqi immigrants for the same reason and that the same security concerns have continued to occur since, including a documented incident where two arrests were made early last year.

Folks, you may agree or disagree with the action Trump took.  This Ticker isn't about that.

It's about the willful, intentional and unconstitutional acts of the 9th Circuit that continue a long tradition in the US Court system of acting as if controlling law, including the Constitution, does not exist whenever it suits some particular group of people.

Any government body that does such a thing by accident must be called out.  If it was an accident then said body will immediately correct its mistake.

Any government body that does such a thing through evidenced intent must be disbanded and removed from power.  If it is not, when such a means exists (and it certainly does, as the Constitution gives the power to Congress to disband or reorganize any part of the court system; the only Constitutionally-required court is the Supreme Court) then all such co-conspiring components of the government have declared themselves illegitimate.

~240 years ago our nation went to war over this exact issue and the extraction -- otherwise called "theft" -- that was taking place upon the citizens as a result.

Today we have the same thing going on but at an even larger scale and with far more injury than was the case 240 years ago.

We have, in this instance, a court that has stated a factual lie as the basis of its deliberation -- that no "immigrant" from the named nations has been arrested or linked to terrorism.  That's a damned and knowing lie; in point of fact there have been many such arrests and most of those arrested have either been convicted or are still awaiting trial.  In fact Obama suspended immigration from one of those nations for this exact reason after we caught "immigrants" here plotting an attack.  The judges of the 9th Circus deliberately lied to both the public and arguing counsel prior to issuing their "decision", and it was upon this lie that their decision was predicated.  As just one example of more than a dozen over the last two years two Iraqi-born individuals who came here as refugees were arrested last year.  I remind you that Iraq is one of the nations on the list.

Trump's order for the purpose of evaluating the means by which those people got into the country and to take whatever corrective actions are necessary to prevent repeats is not only logical it's legal under the authority delegated to him by Congress and expressed in US Code. That the 9th Circus deliberately ignored the clear text of that section of law because they didn't like it and instead selected a section of law that does not bear on the issue is not "interpreting the law", it is literally blacking out the sections of law they do not like, which is not within their Constitutional power -- only Congress can do that through repealing said law.

It is this very same willful and intentional refusal to follow the law that has led to the issues with our health care system.  The law, which not only exists in statute it has been tested at the US Supreme Court says that monopolies and similar acts in restraint of trade are not only unlawful civilly in many cases they are criminal felonies.  This was tested in 1979 when insurance companies tried to claim an exemption under Mccarran-Ferguson, which is also law, and they lost.

That's supposed to be the end of the discussion until and unless Congress passes something to change the state of said law.

Congress has not done so.

The courts, along with the Executive, however, have refused to enforce said law, just as they have done here with Trump's order.

The result is that a $40,000 hospital bill comes with a more than $38,000 "discount" if you have a certain kind of "insurance."  Such a pricing disparity is clear evidence of collusive intent to restrain trade and tie sales unlawfully, that is, to compel you to purchase something you do not want by threatening to bankrupt you if you don't have it.

That's illegal folks.

Either the law applies to everyone or it applies to nobody.  If the latter then there is no law that should be respected by anyone.

Do you want to live in such a nation?  You do, right here, right now, today.  You are being financially raped on a daily basis in exactly this fashion.  Those of you on the left cheering for the 9th Circuit order are cheering for your own financial rape, destruction and ultimately your own death at the very hands of those same people.

Health care is simply one aspect of this abuse -- yet it is a very large one, spanning close to 20% of our entire economy.  There are others.  "Net neutrality" means that if you don't want to buy Netflix service you still pay for it in your Internet service because Hastings managed to force carriers to pay the majority of his transport costs.  That's nice if you want to use Netflix but if you don't then it's a tax leveled on you and given to the company!  That's theft at literal gunpoint.

I can cite literally dozens of additional examples, all of which wind up screwing you.

And while there will be plenty of "I told you sos" if there is a terrorist incident originating from one of these rapefugees the fact of the matter is that the underlying issue is both far more grave and pervasive than whether a few nations have entry of their nationals into the US curtailed until we can verify that the credentials they have actually represent who they are.

The underlying issue is literally the difference between a Constitutional government and a firearm-toting mob that takes whatever it wants, including your life, whenever it wants.

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Txroadster69
Posts: 3
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I don't know Trump or how smart his administration is but it seems he is several steps ahead of his opponents. I am projecting here but could this have been a trap to justify dissolving the ninth circuit?

Imagine you are elected President. Where do you start? Boggles the mind!
Geckogm
Posts: 4229
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Canyon Lake
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just once I would like to see some keyboard warrior come in here stand on your lawn and shove a ticker straight up your ass!

I am deeply saddened by the fact that its just not gonna happen. You have chronicled the break down of the rule of law. When judges rule not on law but with an agenda where do go from there?

Roadsters last line is liking to buying a lottery ticket and dreaming about how you spend all that money.

Karl it appears if he can't ban the seven countries currently, he is going to go after the people who should not be here and crank up the deportations.

As far as the thought of dissolving the ninth circuit what could he do to wield his own ban hammer? Care to speculate on how he might prove his dick is bigger?
Tickerguy
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Quote:
As far as the thought of dissolving the ninth circuit what could he do to wield his own ban hammer? Care to speculate on how he might prove his dick is bigger?

There are many choices but they can get very messy very fast.

The lesser-messy ones require the Congress to get involved in terms of directly addressing the issue. On the other hand, the 9th Circus could find its landmass depopulated by a couple million people pretty quickly, if Trump decided to deport everyone there who isn't supposed to be -- and that he can do, under existing law, and there's not DICK the 9th Circus can do about it.

That may be starting.

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Winding it down.
Analog
Posts: 1378
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arkansas ozarks
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Quote:
As far as the thought of dissolving the ninth circuit what could he do to wield his own ban hammer?


Quote:
The discipline process of federal judges is initiated by the filing of a complaint by any person alleging that a judge has engaged in conduct "prejudicial to the effective and expeditious administration of the business of the courts, or alleging that such judge is unable to discharge all the duties of the office by reason of mental or physical disability."[5] If the chief judge of the circuit does not dismiss the complaint or conclude the proceedings, then he or she must promptly appoint himself or herself, along with equal numbers of circuit judges and district judges, to a special committee to investigate the facts and allegations in the complaint.



Quote:
Where do you start?
with article III section 2
Quote:
The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour,

Pat Buchanan said it a couple days ago over at Lew Rockwell
https://www.lewrockwell.com/2017/02/patr....

Quote:
Whether the rollout of the presidents temporary travel ban was ill-prepared or not, and whether one agrees or not about which nations or people should be subjected to extreme vetting, the presidents authority in the matter of protecting the borders and keeping out those he sees as potentially dangerous is universally conceded.

That a district judge would overrule the president of the United States on a matter of border security in wartime is absurd.

When politicians don black robes and seize powers they do not have, they should be called out for what they are usurpers and petty tyrants. And if there is a cause upon which the populist right should unite, it is that elected representatives and executives make the laws and rule the nation. Not judges, and not justices.

It's worth a read.


Draining swamps puts the alligators in a tizzy. Lookit 'em writhe !


a.



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Jfms99
Posts: 168
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Well this morning on the front page of the WSJ is an article on a drug company called Marathon raising the price of a Muscular Dystrophy drug that has not been available here in the U.S., but now is, to $89,000 a year for the supply.

Currently this drug has been available for purchase over the Internet from England where the price is about $1600 a year. This drug has been around for a long time. Another example of price gouging or whatever you want to call it.

Our courts and the Congress play the fiddles while our country burns and head toward the bankruptcy of all bankruptcies. Anything for all the money they can get at the cost of our country itself.

Tickerguy
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Quote:
Well this morning on the front page of the WSJ is an article on a drug company called Marathon raising the price of a Muscular Dystrophy drug that has not been available here in the U.S., but now is, to $89,000 a year for the supply.

Currently this drug has been available for purchase over the Internet from England where the price is about $1600 a year. This drug has been around for a long time. Another example of price gouging or whatever you want to call it.

Until the black-robed cocksucking dickheads, along with the Executive which has the responsibility to enforce the laws does so against this ****faced company and all of the others in the medical arena THERE IS NO LEGITIMACY IN THE US GOVERNMENT OR ANY STATE GOVERNMENT.

How long before someone is both (1) condemned by such a condition and is being raped by these drug companies, doctors and hospitals and (2) is an atheist, and thus cannot be threatened by "an afterlife in Hell"?

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Winding it down.

Fedwatcher
Posts: 1938
Incept: 2009-04-07

Southern California
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History shows that even when the courts rule correctly and go to war with the executive, the courts always lose unless congress acts on their behalf.

With a Republican majority in Congress the odds are in the favor of the executive and not the courts.

The "rule of law" has been put in peril by these judges and thus economic actors will seek preservation of capital and no real economic growth can occur.

"Winding it down" is thus the result.


Winding it down.
Thebirddog
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Quote:
The lesser-messy ones require the Congress to get involved in terms of directly addressing the issue. On the other hand, the 9th Circus could find its landmass depopulated by a couple million people pretty quickly, if Trump decided to deport everyone there who isn't supposed to be -- and that he can do, under existing law, and there's not DICK the 9th Circus can do about it.
https://www.washingtonpost.com/national/....
Tdurden
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Maybe I'm just naturally prone to going full on nuclear from the start of anything, but if I were Trump my response to the 9th circus would be to immediately stop any and all immigration. Just put a big ol "we'll be back later!" sign on every border and shut it all down until some robed thugs saw reason and actually read the law.

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"I'd like to live just long enough to be there when they cut off your head and stick it on a pike as a warning to the next 10 generations that some favors come with too high of a price." -Vir Cotto Babylon 5
Vernonb
Posts: 1726
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East of Sheol
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Quote:
There are many choices but they can get very messy very fast.
The lesser-messy ones require the Congress to get involved in terms of directly addressing the issue. On the other hand, the 9th Circus could find its landmass depopulated by a couple million people pretty quickly, if Trump decided to deport everyone there who isn't supposed to be ....

One strategy is just to simply overwhelm the court system in that area. Fix it so these bastards can get absolutely no peace or respite from this mess. Make is so they can never sleep or take a day off and also refuse to approve and additional resources. It will be a de facto court shutdown. We already know the judges they are morally unfit for the job. Might as well prove they are mentally unfit too!

Even activist judges have a limit on their political capital - make them burn it all once and for all. If they wish to burn it on non-sense proclamations and edicts of their own delusions so be it. Time to keep a body count for failed demoncratic activist hacks. Impeach them and get it over with. Suspend any and all federal retirement benefits. It is obvious this ruling is contrary to the law. The bastards belong in a prison not freely walking about the streets. Perhaps history will give a new meaning to term "hanging judge" to these judges. That is the true fix to such vile corruption.



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"Mass intelligence does not mean intelligent masses."
Tickerguy
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I think there's a decent chance Trump knows there are some ISIS ****heads in the current batch of "approved" visas -- but he doesn't know which ones they are (otherwise he'd simply arrest them.) It doesn't take much if you have a corrupt government -- you take some rapefugee, wait until his visa is approved, kill him and take his place, using the corrupt government structure to put your picture on his passport and visa (officially!)

There's no defense against that which works with any sort of reasonable assurance. The timelines and case loads are too high to rely on someone remembering a face and name pair through the entire process, and if the official government records can be tampered with them it suddenly becomes a huge problem. Our government could fix that but it would require altering how we do things and starting over with all the people who we THINK we know (e.g. iris scans all the way through, etc)

One of THE most-basic functions of a government is maintaining the integrity of vital records and that which flows from them -- citizenship evidence, etc. If a nation cannot be trusted to accurately process that then you can't let those people into your nation until and unless you set up a parallel vital records system for that country! That is extraordinarily difficult, and you have to get it right or we get blown up by one of these clowns on our own soil.

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Winding it down.
Spence
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I was actually surprised the black robed bastards would go that far, but I guess I shouldn't be. This is so far over the top that they've pretty much admitted they don't care about the law.

Stefan Molyneux had a video blog post that agrees with this Ticker.

Eleua
Posts: 15024
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Congress has plenary power over the construction of all courts, however judges must be removed individually by the impeachment process, which is damn near impossible.

However, Congress can eliminate an entire court by simple vote.

Redefine the 9th CCOA to San Francisco and Marin counties.
Create the 14th CCOA over what was the 9th CCOA minus SF+Marin, and appoint all new judges.
Eliminate the 9th CCOA, or just make it have jurisdiction over some bath house in Polk Gulch.

You have 25 judges looking for unemployment.

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"My object in life is to dethrone God and destroy capitalism." - Karl Marx
"Destroy the family, you destroy the country." - Lenin
"Education is a weapon whose effects depend on who holds it in his hands and at whom it is aimed." - Stalin
Ribbit
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Wales, UK
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"When politicians don black robes and seize powers they do not have, they should be called out for what they are usurpers and petty tyrants. And if there is a cause upon which the populist right should unite, it is that elected representatives and executives make the laws and rule the nation. Not judges, and not justices."

A few years back, the MEP Daniel Hannan (a two faced scumbag bastard of the worst sort. but that's by the by), quoted the admitted position expressed by the EU's Judiciary. They admitted that "They make it up as they go along", and even admitted that in their opinion "They make Law". To me this was the ultimate confirmation that in every respect, the EU was a lawless State (in a way worse than the Classic definition of the assumption of the proven lie and despotic tyranny of Divine Right, where "The Law is what 'we' say it is", because in practice it is panning out as (and maybe it always does) as "We make the Laws, you obey them, the Laws don't apply to us". Perhaps that's just a slightly fuller, and easier to grasp definition. Our own High Court and the EU imposed "Supreme" Court have recently displayed politicised verdicts in Brexit Judgments too (displaying a chronic lack of knowledge of Constitutional reality in the process).

Beyond ugly, as this predicament is, it is never permanent (though it can feel as if it goes on forever). When it ends, it can do appalling damage on its way down, but down it will go. It's why I have been an activist for the end of the EU, with every member Nation leaving it asap, to have as far as possible a controlled EU demolition.

Everywhere I look, I see the same predicament, with corrupted politicians (look at Romania trying to tackle it right now, Moldova, etc), corrupted Media, corrupted Judiciary, etc, heck perhaps the question with the shortest answer might be what HASN'T been corrupted? Is the hardest thing to admit to ourselves, perhaps, the most difficult thing to face, is corruption in our own Country, as bad as the worst corruption anywhere else? It looks to be so doesn't it? In Rule of Law Countries, how can this possibly have come to be? Is it any wonder, that ordinary people can't even consider such a thing, with anything other than disbelief!

I am not sure if I have posted this before, but what a Ukrainian lady said in an interview a couple of years ago, has a far wider relevance than she perhaps realised, and it might be food for thought for some people that really do need to start thinking:

Interviewer - "And what is the role of the opposition?"

Margarita Montyan - "We've got no opposition."

Interviewer - "I don't mean those who have been dissolved."

Margarita Montyan - "There's no opposition at all. There has never been any. In any talk show, when they are on air, they scream a string of obscenities at each other, run through all the curses they know, or even have a fight, but as soon as they go off air they are all best of friends and celebrating lucrative deals. This is no opposition. They all have the same aim. Siphon National wealth off into their pockets and never ever change the rules of the game. It's us that are the opposition, because we want to change the rules of the game and not the snouts at the feeding trough."


I am now convinced, that these criminally insane fools, are going to force the Demos to go totally Postal on them. I think 2017 is likely to be the year when "going to" becomes "gone". Even George Galloway (a pretty far out leftie) thinks EUCommunism (his word for it) is over, and he says the EUCommunists know it. But they still won't get out of the damned way!

Sorry to ramble a bit, but I am finding the extent of the criminal stupidity a pretty tough cookie to chew at the moment.

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If the State was a Nanny, it would have been fired for incompetence, unreliability, and having its hands in the till, a very long time ago now.
Zappafan
Posts: 2849
Incept: 2007-11-30

Atlanta
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Quote:
think there's a decent chance Trump knows there are some ISIS ****heads in the current batch of "approved" visas


There is also a good chance that the Obama administration went on a bender approving visas right before they left office, not doing any vetting whatsoever.

For that reason alone I believe Trump should use whatever means necessary to block any new rape-fugees.

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Ich bin der Tankendau!
Analog
Posts: 1378
Incept: 2010-12-29

arkansas ozarks
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Want to hear an encouraging word ?

Viktor Orban.

http://www.kormany.hu/en/the-prime-minis....

just a snippet
Quote:
He then turned to the subject of Hungary, and drew attention to the fact that the Hungarians have already gone through their uprising, and in fact we were perhaps the first to stage an uprising in 2010. Over the past seven years Hungary has constructed its own political and economic system, which is made to measure for us and matches our taste, the Prime Minister said.

As examples of Hungarys uprising, he mentioned sending home the international Monetary Fund (IMF), the taxing of multinational companies and reductions in public utility charges.

Despite the fact that the former government of the United States, Brussels and even Berlin proclaimed that the migrants must not be stopped, the Hungarian government resisted: it built a fence and stopped them, thus protecting Hungary and with it Europe also...............

.....The future of Hungarians is assured, Hungary is developing and gaining strength, and tomorrow must not cast a shadow on today, Mr. Orbn said. We were black sheep, but today we are the success story, he said, referring to the fact that credit rating agencies are successively upgrading the country, wages are increasing and household debt is falling.

sounds good to me.


a.

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