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Sisters In Law Discuss DOJ Failures, National Guard Use, and Death Penalty Standards

PoliticonDecember 13, 20251h 18min1,937 views
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DOJ's Repeated Indictment Failures

  • ❌ The Department of Justice has failed for a third time to secure an indictment against New York Attorney General Letitia James.
  • 🎯 The DOJ appears to be "shopping" for a grand jury in different jurisdictions, suggesting a lack of strong evidence for their case, which centers on allegations of lying to defraud regarding mortgage control.
  • ⚖️ The legal team argues that the evidence presented is baseless, as James retained control over her rental property and documents permit such arrangements for short-term rentals.

Legal Setbacks and Evidence Issues

  • 📉 A court issued an injunction against the use of key evidence in the James Comey prosecution, stemming from a civil case concerning electronic devices.
  • 🚫 This injunction effectively prevents the government from further investigating or prosecuting Comey, highlighting consequences for government misconduct and Fourth Amendment violations.
  • 🏛️ The DOJ's policy decision to nix disparate impact liability under Title VII is seen as a significant loss for civil rights, potentially hindering cases related to systemic discrimination in employment, housing, and other areas.

National Guard Deployment and Legal Challenges

  • 🚫 Judge Breyer issued a preliminary injunction prohibiting the federalization of additional National Guard troops in California, citing violations of the Posse Comitatus Act.
  • 🚓 The ruling prevents the military from engaging in ordinary law enforcement activities like police stops and seizures, emphasizing the need for trained law enforcement officers rather than militarized actors.
  • ⚖️ The case highlights concerns about Donald Trump's desire to use the National Guard as a personal police force, particularly targeting Democratic-run cities.

Supreme Court and Death Penalty Standards

  • 🧠 The Supreme Court is grappling with how to determine intellectual disability for death penalty sentencing, moving beyond rigid IQ cutoffs to consider adaptive deficits and holistic assessments.
  • ⚖️ The case of Joseph Clifton Smith, who has borderline intelligence, raises questions about executing individuals with intellectual disabilities, with arguments focusing on the Eighth Amendment's prohibition of cruel and unusual punishment.
  • 🇺🇸 The discussion touches on the broader societal implications of how we treat the most vulnerable and the interpretation of constitutional protections against cruel and unusual punishment.

Immigration and Legal Detention

  • 🛂 Kilmer Orga Garcia was ordered released from immigration custody after being detained for nearly four months without lawful authority, highlighting issues with indefinite detention and due process.
  • ⚖️ The case underscores concerns about the administration's immigration policies and the potential for immigrants to be made examples of, with a focus on the need for legal justification for detention.
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What’s Discussed

Department of JusticeIndictmentLetitia JamesGrand JuryEvidenceInjunctionJames ComeyFourth AmendmentCivil RightsTitle VIIDisparate ImpactNational GuardPosse Comitatus ActPreliminary InjunctionSupreme CourtIntellectual DisabilityDeath PenaltyEighth AmendmentCruel and Unusual PunishmentImmigration DetentionHabius Corpus
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