President Donald Trump - J.D. Vance Administration

#25,628
#25,628
W.TN.Orange Blood said:
🤣 🤣 Funny as hell how everything Trump does is wrong & evil the world goes BOOM.
Click to expand...


Imagine not understanding the criminal justice system at all and thinking two tiers of justice is demonstrated by how many political enemies you've made for yourself by being a big fat douchebag for 10 years.
 
  • Like
Reactions: BeardedVol
#25,632
#25,632
Orange_Crush said:
It's also probably worth noting per the "due process" claims that due process only requires the right to file habeas, and not the right to have it heard. Most habeas requests are summarily rejected without being heard by a judge. So, there's really no need for long, drawn out habeas motions in most of these cases where they are blatantly here illegally.

Get them in custody with evidence collected and presented. If they want to request habeas, let them request it, and let it be summarily rejected unless the case presents a good legal reason to grant. Doesn't have to add weeks to the process of deporting an illegal.
Click to expand...
Say what?! So no. Having access to a writ of habeas corpus just guarantees a person’s right to challenge their detention. That’s all it is the right to have their case in front of a judge to challenge their detention. It doesn’t guarantee their challenge will be granted. But it absolutely grants their right to have it heard in expedited fashion.

The habeas corpus request isn’t what is rejected. Their motion to grant their release is what is rejected in the majority of cases.

ETA: in this case Wikipedia serves just fine. The principal of habeas corpus is to guarantee an individual the right to challenge unjust detention. The vehicle to exercise that right is a writ of habeas corpus. As the wiki says the writ functions as a court summons to deliver the individual in front of a judge to be heard. It does not guarantee they will prevail in their challenge.

Habeas corpus - Wikipedia

en.m.wikipedia.org en.m.wikipedia.org
 
Last edited:
  • Like
Reactions: EasternVol
#25,633
#25,633
just bob said:
All FBI plots should be uncovered and corrected.
Click to expand...
Some of you really would believe anything that Donald Trump says. For those of you who are interested in the facts of the Gretchen Whitmer attempted kidnapping case :

www.wtnh.com

2nd man pleads guilty in alleged 2020 plot to kidnap Whitmer

GRAND RAPIDS, Mich. (AP) — Prosecutors bagged a second conviction Wednesday in an alleged plot to kidnap Michigan Gov. Gretchen Whitmer, gaining another critical witness just weeks before four othe…
www.wtnh.com

Two of the men convicted in the alleged plot to kidnap Michigan's Governor, Gretchen Whitmer, not only testified under oath to the guilt of their co-conspirators, but they also testified in specific details to their own guilt as well, and they even included their motives in their testimonies.

Will those men be getting pardons too? .... and how is that being "rail-roaded?" As is often the case, Donald Trump is being petty and vindictive here.

This is Trump's way of lashing out at Gretchen Whitmer, because he thinks she owes him something, and that she is acting ungrateful. In April, and with Trump's approval, Gov. Whitmer was able to secure a new F15-EX Fighter Mission for Selfridge Air National Guard Base in Macomb County, Michigan. However, Gov. Whitmer took a lot of grief from Democrats for hugging Trump in the Oval Office when these plans were announced. Since then, Gretchen Whitmer has been trying to compensate for that, and get back in the good graces of the Democratic Party leadership, with publicly stated criticism of Donald Trump on various issues, including immigration.

Donald Trump views such acts as "disloyal" and "ungrateful." These pardons are his way of getting revenge, which is always a part of his agenda.
 
  • Like
Reactions: BeardedVol
#25,634
#25,634
NorthDallas40 said:
Say what?! So no. Having access to a writ of habeas corpus just guarantees a person’s right to challenge their detention. That’s all it is the right to have their case in front of a judge to challenge their detention. It doesn’t guarantee their challenge will be granted. But it absolutely grants their right to have it heard in expedited fashion.

The habeas corpus request isn’t what is rejected. Their motion to grant their release is what is rejected in the majority of cases.
Click to expand...
legaldictionary.net

Habeas Corpus - Definition, Examples, Cases, Processes

Habeas corpus defined and explained with examples. Habeas corpus is a legal action in which a prisoner challenges the legality of his imprisonment.
legaldictionary.net


The steps required to be followed in submitting a habeas corpus petition to the court include:


  1. Prepare the Petition. The petition is generally filed pro se, meaning the prisoner files the petition without the help of a lawyer. The petition must include certain information, such as the facts of the case, and why the prisoner feels he is being detained illegally. The petition must be in writing and signed by the prisoner or his attorney.
  2. File the Petition. After the petition is written up, it must be filed with the court. This can be done by mail, online, or in person. There is a filing fee associated with a habeas corpus petition, but that fee may be waived if the prisoner provides an affidavit that he cannot afford to pay it.
  3. Serve the Petition. After the petition has been filed with the court, it must be served on the person or facility that has custody of the prisoner. If the prisoner is in a state prison, the petition is served on the state attorney general. Service by a qualified process server ensures the custodian is notified of the prisoner’s claim, and specifies whether the recipient is required to provide a response.
  4. Consideration of the Petition. After the petition has been properly served, a judge is assigned to the case to examine it, and to determine whether or not it meets the requirements for a writ to be issued.
  5. Dismissal or Award of Writ. After the judge has reviewed the habeas corpus petition, reviewing pertinent evidence and supporting documents, he will make a judicial decision whether to issue a writ of habeas corpus. If a writ is issued, a date for a hearing is set.
  6. The Hearing. At the hearing, both the prisoner and the custodian or prosecutor will have the opportunity to present their arguments, evidence, and witness testimony. At the conclusion of such a hearing, the judge will issue a judicial decision as to whether or not the individual is being held lawfully, or if he should be released from custody.
  7. Appeal. If the writ is denied, the prisoner can file an appeal. The state can do the same if the writ is approved by the court.
Click to expand...


What did I get wrong?

Petition filed. Judge reviews it. If the judge doesn't reject the petition, a hearing is set. If the judge rejects the petition, no there is no hearing.


Thus the points that most are rejected out of hand, and the review process shouldn't add much time to the process, as most of them would likely never make it to a hearing. The majority of time, it will be a matter of: file, review, reject--> next.
 
#25,635
#25,635
BowlBrother85 said:
Some of you really would believe anything that Donald Trump says. For those of you who are interested in the facts of the Gretchen Whitmer attempted kidnapping case :

www.wtnh.com

2nd man pleads guilty in alleged 2020 plot to kidnap Whitmer

GRAND RAPIDS, Mich. (AP) — Prosecutors bagged a second conviction Wednesday in an alleged plot to kidnap Michigan Gov. Gretchen Whitmer, gaining another critical witness just weeks before four othe…
www.wtnh.com

Two of the men convicted in the alleged plot to kidnap Michigan's Governor, Gretchen Whitmer, not only testified under oath to the guilt of their co-conspirators, but they also testified in specific details to their own guilt as well, and they even included their motives in their testimonies.

Will those men be getting pardons too? .... and how is that being "rail-roaded?" As is often the case, Donald Trump is being petty and vindictive here.

This is Trump's way of lashing out at Gretchen Whitmer, because he thinks she owes him something, and that she is acting ungrateful. In April, and with Trump's approval, Gov. Whitmer was able to secure a new F15-EX Fighter Mission for Selfridge Air National Guard Base in Macomb County, Michigan. However, Gov. Whitmer took a lot of grief from Democrats for hugging Trump in the Oval Office when these plans were announced. Since then, Gretchen Whitmer has been trying to compensate for that, and get back in the good graces of the Democratic Party leadership, with publicly stated criticism of Donald Trump on various issues, including immigration.

Donald Trump views such acts as "disloyal" and "ungrateful." These pardons are his way of getting revenge, which is always a part of his agenda.
Click to expand...
What does what the ole Don have to say about this? Some of us have known about this travesty for years.

I bet you think all of the J6ers committed treason. lmao
 
#25,637
#25,637
just bob said:
What does what the ole Don have to say about this? Some of us have known about this travesty for years.

I bet you think all of the J6ers committed treason. lmao
Click to expand...
I don't think you know anything about this. Did you know that two of these convicted men pleaded guilty and testified against their co-defendants? Of course not. Did you know why Donald Trump is angry with Gretchen Whitmer? Not a chance.

You impress me as being a typical MAGA red-hatter : An unconditional supporter and defender of Donald Trump, who is ignorant (willfully and otherwise), uninformed and simple-minded.
 
#25,638
#25,638
Orange_Crush said:
What did I get wrong?

Petition filed. Judge reviews it. If the judge doesn't reject the petition, a hearing is set. If the judge rejects the petition, no there is no hearing.


Thus the points that most are rejected out of hand, and the review process shouldn't add much time to the process, as most of them would likely never make it to a hearing. The majority of time, it will be a matter of: file, review, reject--> next.
Click to expand...
I stated what you got wrong. Habeas corpus is the right to challenge your detention. It’s the guarantee to get you in front of a judge. The writ of habeas corpus isn’t rejected if you show up in front of a judge in fact that proves it was granted. The judge denying your motion is the result of the challenge. But the challenge was heard and acknowledged.

ETA: ok I saw your post didn’t have my edit. I gave the wiki page and provided expanded detail on what habeas corpus is. And isn’t.
 
#25,640
#25,640
NorthDallas40 said:
I stated what you got wrong. Habeas corpus is the right to challenge your detention. It’s the guarantee to get you in front of a judge. The writ of habeas corpus isn’t rejected if you show up in front of a judge in fact that proves it was granted. The judge denying your motion is the result of the challenge. But the challenge was heard and acknowledged.
Click to expand...
Did you read my quote/link?

Per that source, there is no right to get in front of a judge. You write a petition. The judge looks at petition and evidence. The judge either rejects the petition and the process stops, or the judge writes a writ and you get your day ion front of the judge.
 
#25,641
#25,641
Orange_Crush said:
Did you read my quote/link?
Click to expand...
Yes and you missed my second edit. We are talking past each other and not getting each others full message. So I’m not going to type anymore and point to the two edits.

Summary: you are guaranteed a right to a challenge. But you are not guaranteed a right to prevail. However your conclusion from your initial post was since you had both items lumped together and it was likely to denied there isn’t much reason to even grant the challenge. Or that’s how I read it.

And yes I read your posted data.
 
#25,642
#25,642
NorthDallas40 said:
Yes and you missed my second edit. We are talking past each other and not getting each others full message. So I’m not going to type anymore and point to the two edits.

Summary: you are guaranteed a right to a challenge. But you are not guaranteed a right to prevail. However your conclusion from your initial post was since you had both items lumped together and it was likely to denied there isn’t much reason to even grant the challenge. Or that’s how I read it.

And yes I read your posted data.
Click to expand...
That is exactly what I was NOT saying. Geezus.

I was saying that (obviously it should be granted, but) it isn't going to slow down the process all that much.

And again...

legaldictionary.net

Habeas Corpus - Definition, Examples, Cases, Processes

Habeas corpus defined and explained with examples. Habeas corpus is a legal action in which a prisoner challenges the legality of his imprisonment.
legaldictionary.net

1748476034419.png

The right to challenge is you writing a petition. It may or may not create a court date, as it may or may not make it past review.

"Due process" can and likely will be an express lane most of the time.
 

Attachments

  • 1748476034458.png
    1748476034458.png
    410.6 KB · Views: 2
#25,643
#25,643
Orange_Crush said:
Did you read my quote/link?

Per that source, there is no right to get in front of a judge. You write a petition. The judge looks at petition and evidence. The judge either rejects the petition and the process stops, or the judge writes a writ and you get your day ion front of the judge.
Click to expand...
Ok I see your edit. There absolutely is a right to issue a challenge. That is the core of habeas corpus. Again your reasoning seems to be well you likely won’t prevail anyway so we aren’t even going to listen. That’s a really horrible conclusion to reach I’d offer.
 
#25,644
#25,644
NorthDallas40 said:
Ok I see your edit. There absolutely is a right to issue a challenge. That is the core of habeas corpus. Again your reasoning seems to be well you likely won’t prevail anyway so we aren’t even going to listen. That’s a really horrible conclusion to reach I’d offer.
Click to expand...
That's a really horrible way to paraphrase my post that said the exact opposite of that.
 
#25,645
#25,645
Orange_Crush said:
It's also probably worth noting per the "due process" claims that due process only requires the right to file habeas, and not the right to have it heard. Most habeas requests are summarily rejected without being heard by a judge. So, there's really no need for long, drawn out habeas motions in most of these cases where they are blatantly here illegally.

Get them in custody with evidence collected and presented. If they want to request habeas, let them request it, and let it be summarily rejected unless the case presents a good legal reason to grant. Doesn't have to add weeks to the process of deporting an illegal.
Click to expand...
 
#25,646
#25,646
Orange_Crush said:
That is exactly what I was NOT saying. Geezus.

I was saying that (obviously it should be granted, but) it isn't going to slow down the process all that much.

<snip>
Click to expand...
Lol. Ok look I’m not trying to bust your chops that just isn’t how I read it. If we both say that an individual absolutely has a right to challenge and meets the criteria he shall be heard then we agree. And I would guess we both agree that in the majority of cases the challenge will be denied.

The right to a writ of habeas corpus keeps the government inside the rails and is meant to prevent unjust confinement. IE the government shouldn’t be locking anyone up without knowing they will be challenge they are correct in doing so and would likely prevail.
 
#25,648
#25,648
NorthDallas40 said:
Lol. Ok look I’m not trying to bust your chops that just isn’t how I read it. If we both say that an individual absolutely has a right to challenge and meets the criteria he shall be heard then we agree. And I would guess we both agree that in the majority of cases the challenge will be denied.

The right to a writ of habeas corpus keeps the government inside the rails and is meant to prevent unjust confinement. IE the government shouldn’t be locking anyone up without knowing they will be challenge they are correct in doing so and would likely prevail.
Click to expand...
I just quoted it above you. Read the last paragraph.

And you do not have a right to a writ. You have a right to petition. If the judge sees a legal reason to grant your petition, the judge writes a writ. If not, you never get a writ.

  1. Consideration of the Petition. After the petition has been properly served, a judge is assigned to the case to examine it, and to determine whether or not it meets the requirements for a writ to be issued.
  2. Dismissal or Award of Writ. After the judge has reviewed the habeas corpus petition, reviewing pertinent evidence and supporting documents, he will make a judicial decision whether to issue a writ of habeas corpus. If a writ is issued, a date for a hearing is set.
Click to expand...
 
#25,649
#25,649
VOLLeeann said:
TACO tRump! A little sensitive maybe? lol

Reporter: Wall Street analysts have a new term called the TACO trade.. Saying Trump always chickens out on tariffs…

Trump: I kick out?

Reporter: Chicken out.

Trump: I gave the E.U. a 50% tax tariff. They called up and said, please, let meet right now. You call that chickening out? Don’t ever say what you said
Trumplethinskin!
www.nj.com

Trump responds angrily to his Wall Street nickname: ‘Don’t ever say what you said’

Trump really doesn't like "TACO trade".
www.nj.com www.nj.com
Click to expand...
That’s cute.
 
New posts
You must log in or register to reply here.
Advertisement

Back
Top