Seth Barrett Tillman: Part VI: DC & MD v Trump—Can the President of the United States get Married or Divorced?

Here is another question: What if President Trump and his wife should choose to go their separate ways? Can the President seek a divorce? Getting a divorce is not a de minimis benefit. Getting a divorce, especially with concomitant determinations about the division of marital property, calls for judicial discretion—so I guess, under Plaintiffs’ theory, the President must remain married as long as he is President. Tough luck Melania! Under Plaintiffs’ theory, the President cannot get a divorce in a federal court—as that would be an “emolument” from the federal government beyond his regular presidential compensation (and so purportedly precluded under the Domestic Emoluments Clause). He cannot get a divorce from a state court—as that would be an “emolument” from a state government (again, purportedly precluded under the Domestic Emoluments Clause). He cannot get a divorce from a foreign court—as that would be a foreign “emolument” (and so purportedly precluded under the Foreign Emoluments Clause). Trump just can’t catch a break!

Great stuff.

Conspiracy Theories.

I’ve been having some fun poking around old posts on my own blog to see how some have held up ten years later.

Conspiracy theories seem to have held up well, and new ones keep popping up. Like Jeff Bezos trying to spin a conspiracy theory about how his penis pictures got to National Enquirer. No, it wasn’t Trump.

Now, the Wall Street Journal reports that Michael Sanchez, “a talent agent who has managed television pundits and reality-show judges” has also “long been a source for the Enquirer.” And, according to the paper, Michael Sanchez sold the Bezos texts to the Enquirer for $200,000.
Imagine that. Mogul sends deeply private texts to gossipy L.A. girlfriend who has gossipy, fame-hungry brother, and somehow it gets out! No Saudis required.

Hilarious.

This one of mine from 2010 has stood up pretty well.

The Democrats are committed to static analysis of tax effects. A tax cut loses revenue while a tax increase adds revenue. Now why are the Democrats, who have large majorities in both houses of Congress, unable to block this Republican effort to keep tax rates the same? It can’t be good economic policy because Steve Benen said so. What could they do to convince Republicans the Democrat position is the better choice ? Here are some theories.

You’re sending the message the richest of the rich actually control this country, and in order to get a few crumbs for the common man, the rich need to be paid off with borrowed money – money that the common man (and woman), and their children, will be obligated to pay back, with interest. That does not bode well for the future of America.

Posted by: delNorte

So the rich and the corporations control the country. That is probably the most widely accepted conspiracy theory in the country. It is accepted by the left and many independents.

I think it’s a confluence of reasons: 1) It’s a simple issue with little to no nuance. There is no good reason to extend the cuts to the rich (outside of politics). 2) OTOH, the bank bailout and the fin reg are/were very complex issues which did not satisfy anyone’s sense of justice for holding responsible those to blame for the mess we’re in.

Posted by: You Don’t Say

Now, there is another theory. There is no reason to keep the tax rates the same for those with incomes over $250,000 except politics. Here is a person who does not believe that small business creates jobs. I doubt he would be impressed by this video. That business owner makes $300,000 and employs about ten people. Raise his taxes and what happens ? Who cares ?

There is absolutely NO convincing case that extending tax breaks for the super-wealthy is good for the nation; quite the reverse — it signals that the unabated looting of America is now in full swing;

Not much has changed in 9 years. Emphasis, maybe.

This morning, the This Week program on ABC, in its new incarnation with Christiane Amanpour, spent the entire show on DADT. They said not a word about the economy. DADT will not be repealed so why spend an hour on it two days after the unemployment rate went up again to 9/8% ? The political left is bored by economics and the national economy. They are far more interested in social issues like DADT or gay marriage. I can understand this because so many of them are government employees, or academic institution employees or low level employees of private organizations who have nothing to do with managing the business. They don’t know how private business is managed, they have never signed the front of a paycheck, and have no idea how people make decisions about investing because, aside from 401ks, they have no contact with it.

Gay marriage has given way to transgender and global warming is still going strong,

California agonistes.

I moved to California in 1956 to attend college. Los Angeles was a paradise. The weather was great. The traffic was no problem. I learned that the LAPD did not take bribes and was not amused at attempts to offer them. After growing up in Chicago, I had learned to put a ten dollar bill behind my driver’s license in case I was stopped. In Los Angeles, I did so and was lectured about the consequences of offering a bribe by a stern LAPD officer.

I lived in the fraternity house and one year slept on an outside second floor porch. I had four blankets on my bed but no problem, with flies or mosquitoes. I remember flying back to Los Angeles one New Year’s Eve from Christmas vacation in Chicago. The palm trees told me I was home. There was a brush fire in the hills but it was nice to be back. I would sometimes drive up to Sunset Boulevard just to see the city at night. The TV show, “77 Sunset Strip” showed just what it looked like. We would drive into Hollywood and sometimes eat at Villa Frescati. We had a lot of fun. Too much fun as I lost my scholarship.

The first sign of trouble was described in Victor Davis Hanson’s book, “Mexifornia.” There was trouble before that as the Watts Riot in 1965 began the endless pandering to the angry mobs.

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Seth Barrett Tillman: Trump’s 7% Panel

In the Fourth Circuit, 3 judges have D/R or R/D appointments (i.e., CJ Gregory, Traxler & Floyd). 8 of the 18 have R or R-only appointments. 7 of the 18 have D or D-only appointments. The chances of drawing a strictly R-only panel of judges are 8/18*7/17*6/16 = 7%.
Not that it matters.
7%
Did I tell you?: only 7%.

Seth runs the numbers. His post is worth reading in full, as usual.

Seth Barrett Tillman: Part V: The Mystery of DC & MD v Trump

I do not know why Judge Messitte took this course of action. But if I had to guess this is what I would say. Judge Messitte denied the President his day in court, and when it looked like the President’s counsel was going to get his day in front of another court, Judge Messitte actively sought to frustrate those efforts. To put it another way, Judge Messitte, and all the parties, and all the amici, and all sophisticated observers know—we all know that this lawsuit was not brought by Plaintiffs in the hopes of prevailing on the merits. Plaintiffs would be happy with such a victory if it should come their way, but that is not why they brought this lawsuit. This lawsuit’s primary goal was and remains an effort by Plaintiffs to get discovery against Trump and his commercial entities—to see what (if anything) shakes out. The discovery in this lawsuit ordered by Judge Messitte was put on hold during the appeals process, and when Judge Messitte saw that his efforts to get discovery were being frustrated by the President’s counsel’s filing an appeal, Judge Messitte advised the Plaintiffs how (they might try) to lock the case out of the court of appeals and to put it back in his bailiwick where discovery could proceed, even where he refuses to rule promptly on threshold motions. Again, the President is not litigating against the Plaintiffs: they are little more than passive observers in this action. It appears to me that this litigation is, in reality, between Judge Messitte* and President Trump. Of course, that is all just guesswork on my part.

Read the entire post.