Anonymous ID: 84ff02 July 1, 2024, 10:35 a.m. No.21121220   🗄️.is 🔗kun   >>1413

SC case from June 27, 2024: Anons this is another big case, SEC v Jarkesy et al. The Fifth District court about 2 years ago ruled against SEC and in favor of investment adviser George Jarkesy, Jr., and his firm, Patriot28, LLC. Oh Yeah the DoddFrank Act has to be destroyed or negating, this act was really to protect the Banks and Investment firms and they all know this.

 

Now that the SC made this decision Congress needs to rewrite this law, so the SEC cannot use their secret court as a cudgel against a political or ideological enemy or for any other reason. The SEC set up, prevents the defendant a JURY TRIAL and the SEC, is the court, the prosecutor and jury altogether. I suspect after this win in the SC, you are going to see a boatload of firms suing the SEC, especially Elon Musk and Truth Social. SEC is notoriously bigoted and ideological and I'm sure a lot of money changes hands with Big Tech, to do them favors in the stock market. See brief of opinion.PDF attached

 

"These Acts respectively govern the registration of securities, the trading of securities, and the activities of investment advisers. Although each regulates different aspects of the securities markets, their pertinent provisions—collectively referred to by regulators as “the antifraud provisions,” App. to Pet. for Cert. 73a, 202a— target the same basic behavior: misrepresenting or concealing material facts. To enforce these Acts, Congress created the Securities and Exchange Commission.

The SEC may bring an enforcement action in one of two forums. It can file suit in federal court, or it can adjudicate the matter itself. The forum the SEC selects dictates certain aspects of the litigation. In federal court, a jury finds the facts, an Article III judge presides, and the Federal Rules of Evidence and the ordinary rules of discovery govern the litigation.

But when the SEC adjudicates the matter in-house, there are no juries. The Commission presides while its Division of Enforcement prosecutes the case. The Commission or its delegee—typically an Administrative Law Judge—also finds facts and decides discovery disputes, and the SEC’s Rules of Practice govern. One remedy for securities violations is civil penalties.Originally, the SEC could only obtain civil penalties from unregistered investment advisers in federal court. Then, in 2010, Congress passed the DoddFrank Wall Street Reform and Consumer Protection Act. The Act authorized the SEC to impose such penalties through its own in-house proceedings.

Shortly after passage of the Dodd-Frank Act, the SEC initiated an enforcement action for civil penalties against investment adviser George Jarkesy, Jr., and his firm, Patriot28, LLC for alleged violations of the “antifraud provisions” contained in the federal securities laws. The SEC opted to adjudicate the matter in-house. As relevant, the final order determined that Jarkesy and Patriot28 had committed securities violations and levied a civil penalty of $300,000. Jarkesy and Patriot28 petitioned for judicial review.

The Fifth Circuit vacated the order on the ground that adjudicating the matter in-house violated the defendants’ Seventh Amendment right to a jury trial. Held: When the SEC seeks civil penalties against a defendant for securities fraud, the Seventh Amendment entitles the defendant to a jury trial. Pp. 6–27.

(a) The question presented by this case—whether the Seventh Amendment entitles a defendant to a jury trial when the SEC seeks civil penalties for securities fraud—is straightforward. Following the analysis set forth in Granfinanciera, S. A. v. Nordberg, 492 U. S. 33, and Tull v. United States, 481 U. S. 412, this action implicates the Seventh Amendment because the SEC’s antifraud provisions replicate common law fraud. And the “public rights” exception to Article III jurisdiction does not apply, because the present action does not fall within any of the distinctive areas involving governmental prerogatives where the Court has concluded that a matter may be resolved outside of an Article III court, without a jury.

(b) The Court first explains why this action implicates the Seventh Amendment.

(1) The right to trial by jury is “of such importance and occupies so firm a place in our history and jurisprudence that any seeming curtailment of the right” has always been and “should be scrutinized with the utmost care.” Dimick v. Schiedt, 293 U. S. 474, 486. When the British attempted to evade American juries by siphoning adjudications to juryless admiralty, vice admiralty, and chancery courts, the Americans protested and eventually cited the British practice as a justification for declaring Independence. In the Revolution’s aftermath, concerns that the proposed Constitution lacked a provision guaranteeing a jury trial right in civil cases was perhaps the “To fix that flaw, the Framers promptly adopted the Seventh Amendment.

 

https://www.supremecourt.gov/opinions/23pdf/22-859new_kjfm.pdf

Anonymous ID: 84ff02 July 1, 2024, 11:18 a.m. No.21121494   🗄️.is 🔗kun   >>1517 >>1560

>>21121366

REACTION to Supreme Court Ruling on Presidential Immunity – Mike Davis Rips Liberal Justices, “They Put Their Partisan Politics – Above Their Most Important Job, Protecting the Constitution”(VIDEO)

By Jim Hoft Jul. 1, 2024 10:45 am

 

The Supreme Court on Monday ruled 6-3 that Trump has absolute immunity for his core Constitutional powers.

 

Former presidents are entitled to at least a presumption of immunity for their official acts.

The Supreme Court ruled there is no immunity for unofficial acts.

 

Jack Smith’s DC case against Trump will be delayed again as it bounces back down to the lower court to Judge Tanya Chutkan.

 

Attorney Mike Davis from the Article III Project weighed in on the historic decision on The War Room this morning. Davis ripped the leftist Trump deranged justices.

 

Mike Davis: When today for President Trump, the court 6:3 held that the President of the United States is immune from criminal prosecution for his official acts. This is one of the most consequential opinions to come out of the Supreme Court because if the Supreme Court did not rule the way it ruled today, they would destroy the presidency and therefore destroy our country.

 

The Chief Justice, John Roberts, wrote the opinion with the five conservative justices joining. Barrett joined most of it, but she didn’t join part of it. Justice Sotomayor wrote the dissent with the two liberal justices, Jackson and Kagan, joining her. There was also another dissent written.

 

I would say this, this should have been a nine to nothing decision because these three liberal justices to put their partisan politics and their Trump Derangement above their most important job, which is to follow the Constitution. And part of following the Constitution is protecting the presidency and therefore our country.

 

Do these liberal justices think that the Trump 47 Justice Department should prosecute President Obama for his extra judicial drone strike on two American citizens? Do these three liberal justices think that the Trump 47 Justice Department should prosecute President Biden for the migrant crime that he caused with his illegal mass parole of over 10 million illegal immigrants?

 

https://www.thegatewaypundit.com/2024/07/reaction-supreme-court-ruling-presidential-immunity-mike-davis/

 

Mike Davis: Presidential Immunity Must Be Immediately Decided Before Trump’s Trial

 

10:29

 

https://rumble.com/embed/v52kfx9/?pub=4