Some anons were posting about POTUS following the Lincoln model and ignoring judges and otherwise throwing his weight around and wondered about the legal implications - summary of the posts:

not sure this deal is making sense…. Looks like I will be digging on some old cases to find out what the consequences are ( treason type) to those who obstruct our Military during a national emergency esp Judges who rule agaisnt POTIS - Any other lawfags wanna pitch in and search up possibilities of losing judicial immunity in a situation like that?

…. I think the law era will be that of the civil war. EX parte Merryman fits the situation we are facing with activist Judges and Lincoln ignored the Judges rulings. I think this Merryman case is what we will be dealing with . If you have time, could you take a quick skim over the events and decision and (you) me in your thoughts

OK Anons lawfag reply: I have posted several times recently about the significance of HABEAS CORPUS and esp. in light of what I call the ACB slide - they are linked cuz ACB wants to LIMIT the POTUS power to suspend habeas - this is one reason they push her nomination. .

The "leading case" on suspension is Ex Parte Merryman and as precedent it is a JOKE - only the DS wouls allow this traversty and chao to reign. Merryman was ONE district court judge - anons know what that means - and the Supreme Court of the United States has NEVER determined if the President has any independent authority to suspend habeas corpus. THIS IS CRITICAL IN THE HANDLING OF ENEMY COMBATANTS. I am not picking on ACB and reposting for no reason - her opinion is that Merryman is good law and she is dead wrong

i have been advocating here for a long while that POTUS act more like LINCOLN and it would certainly be more satisfying for us

however i am mindful of the fact the Civil War ended in a failure of public awakening - it did nothing to change attitudes and caused more division TO THIS VERY DAY

i believe the PLAN is to not repeat that history

I agree with this plan 1000% HOWEVER i still do not understand the total and complete blackout of results on our side - that said here is my post on ACB and HABEAS.

LAWFAG here on why ACB is not going to be the next or any future nominee - soory its long BUT anons need to learn up on habeus corpus = detention of enemy combatants w/o court interference…

most anons know about her extreme "charismatic" catholic/evangeclical religious worship and it is not good at all - includes many women's issues easily attacked and also talking in tongues and other out of the mainstream biblefag stuff- however since she is so dogmatic many prolifers see her as a lock on that issue and that is as far as they go - i do NOT agree with this approach and believe her extreme beliefs DQ her.

that said POTUS did place her on the short list - IMO to appease said prolifers and evangelicals - however there is an indpt and objective reason why POTUS will not nominate her - and that is her announced position on habeus corpus.

as anons know a writ of Habeus Corpus is a legal device to get out of jail/arrest and into court - guaranteed by the Constitution no less - POTUS can suspend this writ in times of war and ER - OK great so what is the problem?

Well in 2014 this ACB wrote a vapid piece claiming that POTUS does not have the power to suspend habeus - ONLY CONGRESS - and went around the country giving this stinking opinion - heres the link:

https://constitutioncenter.org/interactive-constitution/interpretations/the-suspension-clause-by-amy-barrett-and-neal-katyal

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>>4907919

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This legal opinion is unsound and illogical. The authors point out that the writ was needed because the monarch (executive) imprisoned persons w/o judicial process - the parliment thus passed a law prohibiting this action - the authors go on to point out that the founding fathers "…valued the Great Writ because they had this history in mind. Yet those who framed and ratified the Constitution also believed that in times of crisis, the executive might need leeway to hold suspects without answering to a court."

OK here is the disconnect - clearly the monarch had the power to imprison people - the legislature wanted to curb that power and did - that is the history - that is clearly was (is) the executive (monarch) that has this power.

So now on to the constitution - which ACB cites as her reasoning - Articl 1 Section 9 which provides that "The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it." Seems pretty clear right? WRONG! This clause LIMITS CONGRESS POWER - NOT POTUS POWER - Proof? LOOK AT THE TITLE OF THIS SECTION WHICH READS:

Article 1 - The Legislative Branch

Section 9 - Limits on Congress

limits on congress! NOT POTUS. NOWHERE in the Constitution is POTUS historical power to suspend habeus corpus limited or made subject to Congress. Well what does SCOTUS have to say about this? NOT MUCH! The case taught in law scholl for the ACB position is Ex Parte Merriman - and it is true that case is cited for that proposition - but here is the catch - that was part of the legal confrontations in the runup to civil war - and decided by only ONE DISTRICT COURT JUDGE not SCOTUS - and BTW LINCOLN ignored it. So should we.

As a result of this prelim dust up Congress voted to grant POTUS the power to suspend habeus corpus but only for the duration of the civil war. So that long expired law does not address the current status of the matter.

Well after 9-11 Congress passed more national security laws including the detention of enemy combatants (sound familiar?) A litigation ensued with the court of appeals making the following decision:

"Because it is undisputed that Hamdi was captured in a zone of active combat in a foreign theater of conflict, it was not proper for any court to hear a challenge of his status… The broad warmaking powers delegated to the President under Article Two of the United States Constitution and the principle of separation of powers prohibited courts from interfering in this vital area of national security."

YES ANONS THAT WAS ABSOLUTELY 100% CORRECT IN 2004 - but then this correct decision went to SCOTUS - which body promptly grabbed back power with a counter-attack on seperation of powers. SCOTUS carved out an exception to this long standing rule of law in holding that '… due process required that Hamdi have a meaningful opportunity to challenge his enemy combatant status…"

To further point out the legal mumbojumbo that counts for SCOTUS opinions, consider this statement: "…we have made clear that, unless Congress acts to suspend it, the Great Writ of habeas corpus allows the Judicial Branch to play a necessary role in maintaining this delicate balance of governance." OK so does this ("unless") means that if Congress DOES suspend habeus under Article 1 Clause 9 (public safety) the court CANNOT review it? Doubtful but clear as mud - and SCOTUS has made clear that they can and will review excercise of POTUS power to suspend habeus - in either event the ACB logic fails as badly as SCOTUS.

OK so SCOTUS sticks to its principle that whatever Congress or POTUS do is always subject to judicial review - however - here is the reason they gave: "…. the Judiciary must not defer to the executive with respect to detentions. Instead the constitution empowers the judiciary to act as a check on executive power in this realm"

OK but once again - whose power is being reigned in? THE EXECUTIVE. Not Congress. There are other cases that do little to clear up this question. As always the law is an utter confusion and mess, with power politics playing the major role in every case. Bottom line though, is this - If I were WH counsel I would NEVER concede the power to suspend habeus to Congress - NEVER - Lincoln was right and we won. ACB just accepts this milk toast "CON LAW" with no thought at all.

PS - just for giggles check out her co-author - Neal Katyal - moar evidence why ACB is a big fat DQ

>>4907672

seems like you already figured it out

as above so below