Not unexpectedly, U.S. District Judge Amy Berman Jackson has ruled that unelected bureaucrat, Hampton Dellinger, the U.S. Office of Special Counsel head has more unilateral power within the executive branch of government than President Donald Trump. [RULING pdf HERE]
This ruling stems from the same mindset as former AG Bill Barr, former FBI Director James Comey, former Deputy AG Sally Yates, former IC Inspector General Michael Atkinson, and the entire organization of professional Lawfare activists that includes Mary McCord, Andrew Weissmann and Norm Eisen. The collective belief is that in the modern “continuity of government” framework, the bureaucracy of government controls things, not the elected and plenary President.
Basic constitutional civics has been destroyed in the modern era by progressive advocacy saying the executive branch is an omnipotent organism that is not controlled by the duly elected President of the United States. Current Lawfare activists and activist judges seek to retain this bastardized view of constitutional government.
Let us hope the Supreme Court finally puts an end to decades of this ridiculous nonsense. The earlier ruling in the Presidential Immunity decision indicates SCOTUS is positioned to do exactly that.
(Via POLITICO) – A federal judge ruled Saturday that President Donald Trump’s firing of a federal workforce watchdog was illegal — teeing up a Supreme Court showdown over the president’s claim to nearly absolute control of the executive branch.
U.S. District Judge Amy Berman Jackson concluded that Hampton Dellinger — confirmed last year as head of the Office of Special Counsel — may continue to serve his five-year term despite Trump’s effort to remove him from the post via a brusque email last month.
Jackson ruled that Dellinger’s duties, which include holding executive branch officials accountable for ethics breaches and fielding whistleblower complaints, were meant to be independent from the president, making the position a rare exception to the president’s generally vast domain over the executive branch.
Dellinger’s “independence is inextricably intertwined with the performance of his duties,” Jackson wrote in a 67-page opinion. “The elimination of the restrictions on plaintiff’s removal would be fatal to the defining and essential feature of the Office of Special Counsel as it was conceived by Congress and signed into law by the President: its independence. The Court concludes that they must stand.”
[…] Less than an hour after Jackson ruled, the Justice Department appealed her decision to the D.C. Circuit Court of Appeals. (more)
It’s worth remembering, the basic construct of Lawfare is not necessarily to win the final legal challenges – Lawfare is designed to shape public opinion, impede the target and advance an adversarial narrative.
Does defeating the enemy by becoming the enemy, only better at it, solve things? Doing that would justify ‘their disregarding the Constitution by doing it ourselves thereby vindicating the efforts of those who seek to destroy “The Constitution”.
Trumps should rule the court clerks run the Judiciary and start overturning all these judges prior judgements
YES
This Federal judge needs to get what Paul Pelosi got, except with the straight claw of the hammer.
Agree 110%
If the President can’t fire an OBVIOUSLY incompetent (and likely corrupt) bureaucrat, we have a serious problem.
That and what hold does the Deep State hold over Amy Berman. Does she go to Diddy parties? Or is she just another weak-minded fool with her hand out selling influence?
A higher loyalty.
Her loyalty goes to the highest bidder
hmmm, i wonder if she was enrolled in the “ethical leadership” class taught by professor comey?
Her black soul probably makes the Diddy party attendees look pristine.
She needs removed NOW! She is a traitor!!!
By whom?
By Congress through impeachment
Perhaps the legal firm of Smith and Wesson will have her removed.
It is treason.
The legal theory that Congress can pass a law limiting the Constitutional authority of another co-equal branch of government is absurd on its face and outrageous.
SCOTUS needs to fix this.
+1000000000000
See my post above, but the OSC position is a very rare and special case. Most Executive positions are at the pleasure of the President.
the legal theory that SCOTUS can judge that the clearly written english on the constitution is either clearly written or not is absurd on its face. There is no need for SCOTUS to rule on anything- EVERYONE CAN READ.
How many troops does SCOTUS or any judge have?
If they want a revolution let’s give it to them.
Chief Justice Roberts will allow this to twist in the wind as much and as long as he can. He and judge Berman are paid for by the same Deep State, aren’t they?
Or delegating their lawmaking power to unelected bureaucrats.
She knows that is not true. Why does she even say it.
Time for Supreme Court appointment.
If she loses- impeachment time.
Impeach her.
The basic construct of lawfare may in fact be designed not to win any legal arguments, but instead to shape public opinion via leftist narratives. However, the basic construct of the US Constitution *is* perfectly designed to put treasonous usurpers like these six feet under, so as not to impede the Chief Executive of our Constitutional Republic.
With WWIII looming over us, it is time to throw down the gauntlet and charge these weasels with TREASON for attacking the Executive branch of the United States by impeding the actions of the President of the United States.
President Trump could simply declare war with Russia, frog march all these TRAITORS to the gallows, and then sign a peace treaty with Putin before Pam Blondi’s next gig on Faux news.
Similarly, the Amazon driver who delivers to your door should be able to contravene any decision that Jeff Bezos makes about Amazon.
Sounds like something SC Justice Alito would say.
Easy solution. It is a Presidentially appointed position, appoint someone higher than him.
Wouldn’t it be called the Bureaucratic Branch then?
She needs to be removed from the bench with haste. The Judiciary does not have control of what the Executive Branch does.
I believe Justice Jackson has authority over the DC courts so nothing will be done. Unless the SC takes the matter up.
Justice Jackson….what a joke!!
They have NO JUDICIAL SUPREMACY and will be destroyed.
Not only does the Supreme Court need to begin to step in, Congress does to. The Supreme Court is described in the Constitution, but the lower courts are created, destroyed, or rearranged by Congress. Congress can also remove judges.
Congress needs to align with the Constitution that the executive branch resides in the president. They can prevent any lawsuit regarding the internal workings of the executive branch from having standing.
https://law.justia.com/constitution/us/article-3/35-the-theory-of-plenary-congressional-control.html
Power of Congress to control federal courts.
You really expect RINO’s to actually limit/reprimand/control the courts?
I will wait for the sun to rise in the west and set in the east….this will happen before the Republicans should do anything as intrepid as that.
I don’t expect them to jump to it on their own, but President Trump can be convincing.
Throw the judge out! WE THE PEOPLE RULE!!!
this slut is a raving lunatic
Hopefully President Trump will deal with her and many others like her when the time comes.
Why are mass murderers/psychopaths/Demon Crap females even allowed to vote, much less hold office?
Impeachment is a non-solution. The judiciary functions as the protector of the oligarchs, the protector of the Deep State. . It is the enemy of the people, the enemy of Freedom. Dellinger is an obstructionist, therefore Berman has to protect him.
There has to be a faster, more effective way to remove obstructionist & activist federal judges. I have always advocated that ALL judges should be elected tp limited terms. In addition, I think the Executive should simply ignore these judges.
I have a clear sense that since the judicial front of the renewed political war against PDJT was catalyzed by his Executive Orders, each SCOTUS decision related to them is becoming increasingly important. Through its rulings, the SCOTUS, not PDJT, will be the principal architect of the nation’s long-term operating framework.
Without another, successful assassination attempt of PDJT, the leftists have only their ideologues in the judiciary and a chance to regain the House majority during the mid-term elections as effective means of overcoming the existential threat to their power. Their desperation is equally obvious, threatening, and intense.
I would like to have much more confidence in Roberts and Barrett as conservative, strict constructionist Justices, for they, IMO, will be the deciding votes on the crucially important rulings to come.
We’ll see what happens.
Impeach every activist judge. Put some fear in their lifelong tenure, even if the Senate dusagrees.
Impeaching these activist judges would not make them fearful, but it would make them heroes to those they side with. The judges know there is no danger of conviction and removal. We couldn’t get every GOP Senator to vote for conviction, let alone 67% of all Senators. It would squander Congress’s time with futility, in the precious first half of Trump’s term. Trump might lose the House in the mid-terms,… especially if GOP Reps seem preoccupied with impeaching judges, rather than moving Trump’s agenda and improving life for the people, including erstwhile Democrats who voted for Trump. The Supreme Court has various options to discipline lower court judges. If they began to censure (or more) these judges when they overturn their rulings, that MIGHT have an effect on other judges.
Amy Berman Jackson is so constitutionally ignorant that, considering she’s a high level federal judge, it is breathtaking. That’s like one of the media mental midgets declaring Trump is a dictator because he doesn’t appoint someone else head of the military, this fantastic idiot claims the administrative state is it’s own boss. That’s the trouble with giving women power i.e. they don’t believe in playing by the rules; that their authority is limited by constitutional law. IOWs, they don’t give the slightest crap about the oath they take. She’s another one who should be impeached and kicked out.
Maybe John Podesta could arrange some wet work for her honor as he did Scalia
Seems to me Jackson danced straight into a Team Trump legal trap–they expected no less (or more) from Jackson and this ruling ensures it will head to SCOTUS where Vegas odds say Trump will win.
All these putzes, operate at the PLEASURE, of the President.
Including the judge.. Time for arrests, treason tribunals and executions.
Time for unelected bureaucrats to show respect again tho their BOSS.
The Supreme Court needs to IMMEDIATELY act on this. Her decision is nothing more than a coup. She needs arrested now. Congress needs to enact laws to prevent these radical decisions by democrat/globalist judges. They all need disbarred!
Just looking into this cursorily, it seems to me that this time the judge has a reasonable take on the law. From Wiki (I know, but correct this with something more substantial if you have it):
• Dellinger sued, arguing that Trump acted beyond his legal authority by firing him before the end of his term[44] and without citing problems with his performance.[43] Dellinger’s suit cited §1211 of Title 5 of the United States Code, which states that the Special Counsel may be removed by the president “only for inefficiency, neglect of duty, or malfeasance in office”.[45]
It would have been better to go after Dellinger on merit, than a summary dismissal. And doing a search on ‘Biden’s persecution of whistleblowers’ quickly yields a cornucopia of material to base such a claim on.
There’s even more legal ammo regarding Obama, that great destroyer of the Constitution, but I doubt that is material to Dellinger, who was appointed by Biden in ’24.
The President can remove the Special Counsel from the Office of Special Counsel, but only for cause. The Special Counsel is a presidentially appointed, Senate-confirmed official who serves a five-year term.
According to the statute that established the Office of Special Counsel (5 U.S.C. § 1211(b)), the President can remove the Special Counsel from office, but only if the President notifies Congress in writing of the reason for the removal, which must be for one of the following reasons:
The President cannot remove the Special Counsel for arbitrary or political reasons. The statute is designed to provide the Special Counsel with a degree of independence and protection from removal, in order to ensure that the Office of Special Counsel can carry out its mission without fear of reprisal or political interference.
It’s worth noting that while the President can remove the Special Counsel, the decision to do so can be subject to congressional oversight and review. Congress can hold hearings and investigate the reasons for the removal, and can also take action to express its disapproval or to restrict the President’s ability to remove the Special Counsel.
[Source: Llama 3.3]
The WH’s argument is that the law, which you outlined above, is unconstitutional.
According to Article Two of the Constitution, the President has plenary (absolute) power within the Executive branch.
No law, except a constitutional amendment, can usurp this power.
PDJT should publicly refuse to abide by this decision and immediately request SCOTUS to instruct this judge and all other lower court judges to cease attempting to interfere with his Constitutional authority over the Executive Branch. He should also request that they clarify that there is no executive function of the United States that can be independent of the President’s authority unless such exception is explicitly spelled out in the Constitution itself or a Constitutional amendment.
Almost All Judges are Crooked – either they are “Appointed” – Political – or they are “Voted” in – Political. So how can you be “Impartial” when your Entire Career & Fortune depends on Politician(s) who “Vetted” & “Appointed” you & Expects results or the “Public Vote” which once again is controlled by “Donations” from political parties that rig every election. All political theater from the “Club” that We will Never be a part of as pointed out by the famous comedian George Carlin.
Take it to the Supremes, along with a motion to impeach this anti-American activist judge.
What can be done to hold these people accountable for usurpation of power ?
Egads. Looks like we are getting ready to tear up the lower courts. Let it come. Let all the corruption be exposed….
What we have is a separation of powers issue. Does the executive power of the President give him the authority to overrule legislative and judicial attempts to overrule his executive decisions? I think not. That power gives him the authority to hire and fire at his discretion. The protections of the civil service laws do not apply to him.what does applies are constitutional limitations. Beyond that, nothing.
I would cut power to the building she works in. Certainly some part of what she does is controlled by the Executive branch and I’d cut it out at the roots.
So? Do what the demoRATS always do…. Ignore the judge and do what you want!
Unelected bureaucrats irresponsibly spending American taxpayers’ money without accountability is NOT government by the people, for the people.
This judge needs removed immediately for this asinine ruling. She’s not even smart enough to know what the Constitution states about the 3 Branches of the Government If you’re that dumb then you don’t need to be trying to make “fair judgements” in a court room
Just a stray thought, why is it reporters do not question judges about their rulings? Why not a press conference?
Until he is finally fired, take away all security clearances, put him in an
8 x 8 room with no phone, including his personal phone. Have him put together a 10,000 piece puzzle of the Constitution. Once he puts it together, tear it apart and have him do it again. Do not let him quit, his termination needs to be on paper.
Any questions why we need a second coming of the Lord
Set him up in a broom closet with a c9mputer hooked up to nothing with no password.
Bureaucracies are arrogant self appointed control freaks, that need to be put, down by the constitution rule of law, that states “we the people” elect the Execute branch, and are the self governing entity, that will teach them what no means, and kick them to the curb, as the adolescent trash that they are.
Remember Spicer vs Biden in 2021 : The Supreme Court has consistently held that ‘the power of removal from office is incident to the power of appointment’ ‘absent a specific provision to the contrary.’” In other words, unless there’s specific language in place for the position that prevents the firing, there’s no impediment to it.
The U.S. Court of Appeals for the D.C. Circuit ruled, in a parallel case also (Severino v. Biden, et al.), that a presidential appointee in a similar position was removable at will by the President.
District judges have zero authority over the President and Executive Branch, and should be summarily ignored.
The judge must be impeached because she very clearly rejects the Constitution as the law of the land.
We should just quit having elections. We have a ruling aristocracy over us that is made up of unelected bureaucrats who run our lives. Unelected bureaucrats telling us what we can drive, where we can build, what we can eat, are exactly what the founders had in mind, when they wrote the constitution, but unelected members of the Trump administration who are working to cut the administrative state, are a threat to democracy. Got it? Got it!
Trump will prevail over the swamp, the swamp will try to protect itself, but Trump has broad support to make sweeping long-overdue changes. Sorry, judge-lady, but even you might want to work on that resume for the eventual job hunt. How about all them D.C. houses now on the market lol change is the only constant, and more change is on the way thanks to the Trump admin. Institutional courtesy flush, please.