Harbourt also says the proclamation & deployment is against our "broader democratic tradition of separating the #military from #civilian affairs."

#DOJ Shumate has time again. He claims that the part of the #statute [#Title10] #Trump cited requiring him to act "through the governor" is satisfied if the #governor is merely “aware” of the order.
"Under their reading of the statute, Gov. Newsom can pocket veto the president’s orders."

Adjourned.

#law #judiciary #Title10 #PosseComitatusAct

…Harrison noted the #statute #Congress passed to create #CPB "expressly forbade 'any department, agency, officer, or employee of the US to exercise any direction, supervision, or control over educational television or radio broadcasting, or over [CPB] or any of its grantees or contractors."

Harrison & CPB have…ignored #Trump's orders—retaining, for now, its board, as the case works through the federal courts—taking no actions to withhold money from #NPR & #PBS or its hundreds of stations…

#Trump's legal standing to make such a decree was in question even before Tue's lawsuit was filed.

#Congress allocates money for the Corporation for Public Broadcasting 2yrs in advance to insulate public broadcasters from #political pressure…. The CPB was authorized by Congressional #statute but set up as a private corporation. Indeed, the org is itself suing Trump over an earlier decree, in which he claimed to be firing 3 of the 5 members of CPB's board of directors.

#Trump's May 1st order took the form of a directive to the board of the Corporation for Public Broadcasting, which distributes >$500B each year to #PublicBroadcasters, primarily to local stations. By #statute, ¾ of that money is devoted to #TV, ¼ to #radio.

#Trump’s #ExecutiveOrder said those agencies should eliminate all operations not codified in #statute as well as "reduce the performance of their statutory functions & associated personnel to the minimum presence & function required by #law."

So far, #Musk's #DOGE has produced potential cuts of >100k #jobs across the 2.3M-member federal civilian workforce, the freezing of #ForeignAid, & the cancellation of thousands of programs & contracts.

“It would be ironic, to say the least, & inimical to the ends furthered by the #statute if the #SpecialCounsel himself could be chilled in his work by fear of arbitrary or #partisan removal,” the judge added.

Dellinger said in an emailed statement that he was grateful to see the court “confirm the importance & legality of the job protections #Congress afforded my position.”

Judge #AmyBermanJackson disagreed, saying in her ruling that the #statute “must stand.” Eliminating the restrictions on Dellinger’s removal, she wrote, “would be fatal to the defining & essential feature of the Office of #SpecialCounsel as it was conceived by #Congress & signed into #law by the President: its #independence.”

Gen Caine retired w/ 3 stars, as a lieutenant general. By #statute, the chair of the #JointChiefs of Staff is supposed to have served as a combatant Commander, as the vice chair of the Joint Chiefs of Staff or as the top uniformed officer of the Army, Navy, Air Force, Marines or Space Force.
It’s unclear if Gen Caine will need a congressional waiver; a congressional aide said #Trump had some latitude to choose whom he wanted & exceptions could be made for #NationalSecurity.
#USpol #law #military

The unions had asked the court to block #Trump’s dismantlement of the #aid agency, calling it “#unconstitutional & #illegal” & saying it had “generated a global #HumanitarianCrisis” & threatened American strategic interests.

“Not a single one of defendants’ actions to dismantle #USAID were taken pursuant to congressional authorization,” the lawsuit said. “And pursuant to federal #statute, #Congress is the only entity that may lawfully dismantle the agency.”

It is not clear how much weight Jackson’s view would carry in the lower courts, but it is an important one. Jackson’s point was that while #SCOTUS limited the #statute to #crimes involving the impairment of #evidence, Congress’s #Jan6 certification of the #2020election itself “plainly used certain records, documents or objects — including, among others, those relating to the electoral votes themselves.”

Mitchell, a UofC LawSchool grad & member of the #FederalistSociety, was a visiting prof at StanfordLaw when he suggested strategies in a #law review article for crafting legislation to withstand court challenges.
Legislature can “induce compliance w/its statutes by providing for private #enforcement through #civil lawsuits.These mechanisms are especially powerful because they enable private litigants to enforce a #statute even after a fed dist court has enjoined the executive from enforcing it.”