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kentuck

(115,406 posts)
Tue Nov 26, 2024, 08:36 AM Nov 2024

Can a decision by a District Judge and a Special Prosecutor be appealed?

Or do we surrender everything to a dictator, without even a whimper?

In my opinion, yesterday was the saddest day in America's history. The Justice System surrendered to a criminal, with ill intent for the future of our country, for the first time in 248 years. We can no longer say that "no one is above the law."

It is such a momentous decision, it seems to me that it should be made by the highest Court in the land. Could not Joe Biden, the President, request that the case be fast-tracked to the Supreme Court? Or are we left with nothing but a "memo" from the Office of Legal Counsel in the DOJ?

Nothing less than the survival of our democracy depends on it.

36 replies = new reply since forum marked as read
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Can a decision by a District Judge and a Special Prosecutor be appealed? (Original Post) kentuck Nov 2024 OP
It's over. Maybe they will be brought up in four years. jimfields33 Nov 2024 #1
It will not be brought up in four years... kentuck Nov 2024 #2
I think there will be plenty of opportunity to oppose jimfields33 Nov 2024 #5
Oppose with what? kentuck Nov 2024 #6
We had the minority in 2017 as well and stopped a lot. jimfields33 Nov 2024 #8
Good luck! kentuck Nov 2024 #12
I'm not in congress. But I trust our democratic politicians. jimfields33 Nov 2024 #15
Post removed Post removed Nov 2024 #17
Agree and it would be nice to hang responsibility on SCOTUS (R)s bucolic_frolic Nov 2024 #3
All the way to the Supreme Court as long as the jurisdictions agree to a hearing. marble falls Nov 2024 #4
The Supreme Court won't do anything. Six justices are literally owned by Opus Dei. This is a victory for them. Scrivener7 Nov 2024 #7
In this case, nothing would be something. kentuck Nov 2024 #10
But the overriding question to all that is whether we Scrivener7 Nov 2024 #13
I think the bigger question is do we hold them responsible for their decisions? kentuck Nov 2024 #14
How do we do that? Scrivener7 Nov 2024 #36
No. ramedy Nov 2024 #9
So, you are saying it cannot be appealed? kentuck Nov 2024 #11
We are saying it's over period. Won't be appealed, and won't be brought back after 4 years. Solomon Nov 2024 #16
I sense an assumption that we will survive the four years and go back to normal? kentuck Nov 2024 #18
There's nothing to appeal if a dismissal was ordered with the consent Ocelot II Nov 2024 #26
A case that is dismissed cannot be appealed. ramedy Nov 2024 #31
No DetroitLegalBeagle Nov 2024 #19
Apparently, we surrender everything to a dictator Bettie Nov 2024 #20
I'm sure we will get exactly what we deserve. kentuck Nov 2024 #21
And the people doing the surrendering on our behalf Bettie Nov 2024 #22
Definitely a win for the billionaires. kentuck Nov 2024 #23
Let's face it. Our Department of Justed failed America...miserably. spanone Nov 2024 #24
Post removed Post removed Nov 2024 #25
Leonard Leo, Harlan Crow, Ginni Thomas, Martha Alito, John Roberts, Sam Alito, Ocelot II Nov 2024 #27
The government can probably be sued. I imagkne there can be a strong case made for it. ColinC Nov 2024 #28
By whom? And on what legal basis? onenote Nov 2024 #33
I feel we are living through the end of America. Doodley Nov 2024 #29
Yes. We are. ramedy Nov 2024 #32
At 4 a.m. I was awake Marthe48 Nov 2024 #30
Who would appeal it? onenote Nov 2024 #34
A case is between the plaintiff and the defendants. Igel Nov 2024 #35

kentuck

(115,406 posts)
2. It will not be brought up in four years...
Tue Nov 26, 2024, 08:45 AM
Nov 2024

..and a "report" would be useless to the general public, since they would not read it or believe a word said about it by the "fake news".

We can surrender or continue to fight. The choice is ours.

 

jimfields33

(19,382 posts)
5. I think there will be plenty of opportunity to oppose
Tue Nov 26, 2024, 08:48 AM
Nov 2024

many things this new administration will do. These trials are probably not going to be successful in changing anything.

Response to jimfields33 (Reply #15)

bucolic_frolic

(55,129 posts)
3. Agree and it would be nice to hang responsibility on SCOTUS (R)s
Tue Nov 26, 2024, 08:46 AM
Nov 2024

instead of DOJ memos and personnel.

Maybe it's the refile later idea that entices them. Do they have something in mind? Or know something they're not telling us?
I doubt it. They have hidden behind the will of the people being supreme even though the will of the people was never trusted enough to gut Electoral College or universal voting requirements. This a great Machiavellian error: the State has no way to protect itself from a hostile takeover by duped voters and malevolent politicians. The latter is a long time weakness testified to by the paltry number of impeachments, lax enforcement of 14A, to name just two. Believe in Fitzmas, Mueller Report, impeachment 2, patriotic Senators though. They're coming to save us.

Scrivener7

(59,520 posts)
7. The Supreme Court won't do anything. Six justices are literally owned by Opus Dei. This is a victory for them.
Tue Nov 26, 2024, 08:55 AM
Nov 2024

Is it possible they are waiting to reinstate the charges when we have a more sympathetic system, top to bottom?

I have little faith that this will happen for many years, but I suppose that could be a motivation.

kentuck

(115,406 posts)
10. In this case, nothing would be something.
Tue Nov 26, 2024, 09:10 AM
Nov 2024

There are so many issues involved in this case.

It is true that they made horrible decisions with their rulings on the 14th Amendment and the "immunity" case.

But there are other questions that should be addressed. Can a former president be charged with obstruction of justice and theft of government secrets when the crimes are committed after they leave office? They are officially civilian status?

Is it constitutional to appoint a "Special Counsel"?

Can a president be sworn into office with criminal charges hanging over his head or should they be resolved before he is sworn in?

Can a "memo" from the OLC over-rule our Constitution?

Should the Democrats accept responsibility for its failure to prosecute or should they share the blame with the Supreme Court?

Can a President create his own Committee to investigate government spending, or is that a duty of the Congress?

Can a President continue to do business with foreign entities, even though it is a clear violation of the emoluments clause of the Constitution?

It seems there are a million questions and no answers.

Scrivener7

(59,520 posts)
13. But the overriding question to all that is whether we
Tue Nov 26, 2024, 09:16 AM
Nov 2024

want these 6 to be the ones deciding those things?

I can't imagine what life must be like for the 3 sane ones.

kentuck

(115,406 posts)
14. I think the bigger question is do we hold them responsible for their decisions?
Tue Nov 26, 2024, 09:19 AM
Nov 2024

The Court is not going to change hands anytime soon.

Let the 6 decide.

ramedy

(186 posts)
9. No.
Tue Nov 26, 2024, 09:04 AM
Nov 2024

The case has been dismissed at the request of the SP.

It’s over.

Please thank AG Garland on the way out.

Solomon

(12,644 posts)
16. We are saying it's over period. Won't be appealed, and won't be brought back after 4 years.
Tue Nov 26, 2024, 09:21 AM
Nov 2024

kentuck

(115,406 posts)
18. I sense an assumption that we will survive the four years and go back to normal?
Tue Nov 26, 2024, 09:24 AM
Nov 2024

I'm not so sure about that.

Ocelot II

(130,526 posts)
26. There's nothing to appeal if a dismissal was ordered with the consent
Tue Nov 26, 2024, 09:48 AM
Nov 2024

of both parties. There's no controversy to be appealed.

ramedy

(186 posts)
31. A case that is dismissed cannot be appealed.
Tue Nov 26, 2024, 10:23 AM
Nov 2024

There is no case to appeal. It was dismissed without prejudice which would permit it to be re filed in the future, but it won’t be.

It’s over.

Bettie

(19,704 posts)
20. Apparently, we surrender everything to a dictator
Tue Nov 26, 2024, 09:27 AM
Nov 2024

without even a whisper.

The entire "justice" system has surrendered. He owns it all now and can do whatever he pleases without any pushback.

kentuck

(115,406 posts)
21. I'm sure we will get exactly what we deserve.
Tue Nov 26, 2024, 09:29 AM
Nov 2024

Surrender does not have an exit door.

Bettie

(19,704 posts)
22. And the people doing the surrendering on our behalf
Tue Nov 26, 2024, 09:31 AM
Nov 2024

all have enough resources to leave the country if it is safer for them, certainly enough resources to keep going.

It's those of us who aren't wealthy who will suffer, so a win/win for the "upper classes".

kentuck

(115,406 posts)
23. Definitely a win for the billionaires.
Tue Nov 26, 2024, 09:34 AM
Nov 2024

I would agree.

Now they just have to divide the spoils. And it seems the fights have already started between Musk and a few others?

Response to spanone (Reply #24)

Ocelot II

(130,526 posts)
27. Leonard Leo, Harlan Crow, Ginni Thomas, Martha Alito, John Roberts, Sam Alito,
Tue Nov 26, 2024, 09:51 AM
Nov 2024

and Clarence Thomas love it when you blame Garland and Biden for the fact that the Supreme Court stopped the cases against Trump.

ColinC

(11,098 posts)
28. The government can probably be sued. I imagkne there can be a strong case made for it.
Tue Nov 26, 2024, 09:56 AM
Nov 2024

Marthe48

(23,175 posts)
30. At 4 a.m. I was awake
Tue Nov 26, 2024, 10:04 AM
Nov 2024

I thought that if traitor is installed, America is over. I thought if we prevent traitor from being installed, America is over. Discouraging. Probably over half of the population abhors the result of the recent travesty of law and choice. I doubt that any of us on that side will accept what has happened and go along to get along. We have to keep talking, take our views on the offensive. I think the rwnj will get tired sooner than we will. Only maschists will accept the hell on the way. Only the megolomaniacs will support it wholeheartedly. They current vanguard will die sooner or later. There can be hope that at least some of their offspring will oppose the evilness of their parents.

Just remember that not all unions need to be formalized. Every day you set an example of decency, every time you do an act of kindness, every time you choose honesty over lies, you are honoring the principles of the U.S.A. We might be in a million oieces right now, but the enemies of America, here and abroad, can't force any one of us to embrace their vision of living.

We are in for a hard time, and we need to prepare the best we can to get through it and take our country along to the other side.

onenote

(46,139 posts)
34. Who would appeal it?
Tue Nov 26, 2024, 10:47 AM
Nov 2024

The prosecution asked for the dismissal. The defense would never dispute it. Who would have any legal standing to intervene and appeal? And what would the appeal claim?

Igel

(37,535 posts)
35. A case is between the plaintiff and the defendants.
Tue Nov 26, 2024, 10:55 AM
Nov 2024

We outsiders and bystanders can have an opinion--so can Xi, Maduro, and the people living in some small village in Nepal.

Who matters? The plaintiffs and the defendants. We are neither. We can opine, whine, cheer and jeer, but who matters?

If you're taken to trial for something by the government, do you want 340 million people not party to the case to have the right to appeal if you win or if the prosecution drops the case against you or files to suspend it for some reason? I think not.

I get the desire for revenge, but law is there to prevent groups from forming to take personal revenge, even if claimed to be "for the common good."

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