Elon Musk and Trump win fight to keep DOGE’s work secret

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graylshaped

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"In particular, petitioners have shown a likelihood of success on their argument that the district court was required to decide their motion to dismiss before allowing discovery."
Okay, district court. Should be a quick one. "Motion to dismiss denied. Discovery proceeds."

Though, in fairness, a request for discovery when the underlying reasoning was "because why not" won't turn up much.
 
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steelcobra

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Can't trump literally point to TRUMP v. UNITED STATES and the John Roberts Supreme Court decision that gives him unfettered power to do whatever he wants during his administration without fear of the pesky law getting in the way?
He can only really use that to prevent criminal investigations on his own personal actions if they can be considered to be under the umbrella of being an "official act."

Other members of his admin aren't protected.
 
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J.C. Helios

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Hopefully no one falls for this line:

Musk and the US said that ... the plaintiffs' claims can be evaluated without discovery. "Plaintiffs allege a violation of the Appointments Clause and USDS's [US DOGE Service's] statutory authority on the theory that USDS and Mr. Musk are directing decision-making by agency officeholders," the US said. "Those claims present pure questions of law that can be resolved—and rejected—on the basis of plaintiffs' complaint."

The administration is playing three-card monte to hide the extent to which Musk is directing DOGE, so obviously you need discovery to... discover... the facts.
 
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159 (162 / -3)
Can't trump literally point to TRUMP v. UNITED STATES and the John Roberts Supreme Court decision that gives him unfettered power to do whatever he wants during his administration without fear of the pesky law getting in the way?
It's too bad Biden didn't use that decision to act more like Trump. A stay in sunny Gitmo might have improved Trump's temperament? Relaxing water sports, cheerful 24x7 attentive service.
 
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graylshaped

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Can't trump literally point to TRUMP v. UNITED STATES and the John Roberts Supreme Court decision that gives him unfettered power to do whatever he wants during his administration without fear of the pesky law getting in the way?
His interpretation notwithstanding, that's not what that decision held.

edit: I encourage those disagreeing to read the decision itself with an eye to the difference between core powers, official acts, and "whatever he wants," along with an understanding that immunity from prosecution is not unfettered power. It is the willingness of other institutions to allow him to ignore judicial restraint on his re-writing of legislation--said re-writing definitively NOT a core power--and failure to execute laws faithfully that is the concern here. Nor does any personal immunity he has transfer in any way to those who follow unlawful orders.

Once again, stop playing his game by his rules.
 
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When the torches and pitchforks come out, I'll know disenfranchised Americans are serious. the requisite level of inflation, unemployment, and loss of rights/benefits is higher than I expected.
Hey Does anyone remember when they threatened to ban TikTok?

That’s where Americans attention lies.
It’s exactly the reason why the populace was convinced that Trump is a business genius. The TV told them so.

I always knew reality TV was rotting our brains but this isn’t the karma I expected.
 
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Emotion_ology

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He can only really use that to prevent criminal investigations on his own personal actions if they can be considered to be under the umbrella of being an "official act."

Other members of his admin aren't protected.
Although in practice he can preemptively pardon anyone else for federal crimes, which means they are as covered as he wants them to be. …Which of course means he can coerce and blackmail everyone under him the moment they do anything even slightly shady… which of course is why his first directive for people under him always seems to be to get them to do something shady…
 
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s73v3r

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Can't trump literally point to TRUMP v. UNITED STATES and the John Roberts Supreme Court decision that gives him unfettered power to do whatever he wants during his administration without fear of the pesky law getting in the way?
That's not what that decision was. That decision stated that the only remedy for Trump breaking the law for presidential actions is impeachment. He can't be sued.
 
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hizonner

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Because Congressional Republicans are either complicit or spineless. And so are the CREDs on the left like Schumer.
In this case, spineless is complicit. It's not like it's not exactly their fucking job description to be stomping all over this stuff. They're not bystanders.
 
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Fatesrider

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It's all fun and games until the shooting starts.

I figure around a year of this, depending on the fallout, before organized resistance groups begin arming themselves for taking back what was taken from them. The previous administration by the Russian-Agent-In-Chief was the practice run. This is when the dismantling of America's unity, and thus our strength, begins in earnest.

It's only JUST started. People aren't at the taking up arms point yet. And it's possible, though increasingly likely the longer this goes on, that it won't happen.

We are not blessed with generations who are willing to put their lives on the line for freedom, democracy and fair government at the moment. A lot more pressure is needed to do that.

But it becomes clear that our safety systems - the checks and balances that keep government under the control of the people - have been unhinged and we are now at the mercy of the kleptocrats, criminals and traitors interested only in their own fame, fortune and egos, then more people will rally to organize and plan for bringing that government down.

We're supposed to be a union of cooperative sub-countries each retaining an individual social identity, and an independent political leadership. As a country, we're much stronger when we unite than when we fight among ourselves, and Trump is Russian's agent facilitating the ambitions of a repressive, criminal regime by dividing us and making us weaker. When we're focusing on our issues, we don't bother with what other countries are doing.

And I have to admit he's doing an effective job of turning Americans against Americans, and rendering our influence moot in the rest of the world, allowing for others whose motives are even more nefarious than ours usually are to step in.

The first world war destroyed Europe. The second world war destroyed half the globe. The third world war, possibly happening as soon as before the end of the decade, will take out all of civilization. And this administration is speed-running that track.

With a chaotic narcissistic motherfucker in charge of the US arsenal, it's impossible to say with any great certainty exactly what will happen and when. But it's a dead certainty that we have much darker times before us, and they are not likely to become better without enduring far more hardships than we've ever endured before. Given the forces and regimes in the world today, with climate change and its consequences not even part of the mix, the fate of the human race currently hangs in the balance. The storm clouds have been gathering for ten years (since Russia's invasion of Ukraine) and have only grown darker and more ominous.

Toss in climate change and humanity faces an immanent existential threat that can be avoided if action is taken in a timely manner. But it won't be, and we all know that. And despite what Thomas Jefferson said about refreshing the tree of liberty with the blood of patriots, when you run out of patriots and have only those interested in their own survival, you lose liberty, freedom, civilization and even, potentially, the existence of mankind itself.

This is just one footnote in that path toward our mutual self destruction. The most powerful nation on earth has a deranged psychopath running it, and has no filters, no brakes and is doing the work of our enemies for them. And in the end, there will no one will be left behind to care.

That's the path I see us on now. It might change. Time will tell. It's just very difficult to predict what delusional people will do, and how a mostly apathetic, if uneasy, public will respond to it.
 
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LeftCoastRusty

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He can only really use that to prevent criminal investigations on his own personal actions if they can be considered to be under the umbrella of being an "official act."

Other members of his admin aren't protected.
Yet. They are not protected yet. Do you think the current Supreme Court would allow for the conviction of someone doing what as ordered by a president that has immunity for official acts?

I think the first case to the Supreme Court will see this happen. If Trump’s official acts are immune from prosecution, those following those “lawful” orders will likely skate away with no prosecution or punishment.

And that just pisses me off. I’m stocking up on torches and pitchforks.
 
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