Judge Says Trump Panel Broke the Law

The United States Department of Justice / Public domain

United States District Judge, John Bates, has ruled that a law enforcement panel violated the Federal Advisory Committee Act (FACA) by only placing current and former law enforcement personnel on the commission and by holding closed meetings without advance public notice. The panel created under the direction of President Trump must cease all work until it comes into compliance with the transparency statute.

According to FACA, committees must be “fairly balanced” in their formation. The judge says that the commission consisting exclusively of current and former law enforcement individuals cannot meet that requirement.

In a report from Politico:

Bates noted that one appeals court, the San Francisco-based 9th Circuit, has held that the “fair balance” requirement in FACA to too vague for courts to enforce. But he said the weight of legal precedent comes down in favor of the provision being susceptible to enforcement by judges, especially in egregious cases.

Bates rejected the Justice Department’s arguments that the panel was exempt from the transparency statute under an exemption created in 1995 for committees dealing solely with issues of joint responsibility between the federal government and state, local or tribal governments. He said that defining that exemption as broadly as the Justice Department suggested would have “no limiting principle” and would essentially gut the law.

Many of the panel’s meetings have been held publicly by teleconference since the coronavirus pandemic began to spread earlier this year. The Justice Department’s website lists 14 hearing sessions and provides a transcript and audio recording for most of them.

However, the judge’s ruling says the department conceded that the meetings would be considered closed if the transparency statute applied. The sessions were also not announced in advance in the Federal Register, as the law requires, Bates said.

The commission’s last report was supposed to be sent to Attorney General William Barr later in October, however all work must be halted until the membership on the panel is updated to comply with FACA’s requirements.



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scot_belle
scot_belle
1 year ago

ANOTHER………..LEFTIST JUDGE, writing Law from the Bench.

realitybasedbob
realitybasedbob
1 year ago
Reply to  scot_belle

Guess again, scot.

D MacKAY
D MacKAY
1 year ago
Reply to  scot_belle

America is at a p[oint where resolutio wil only be found in the Doctrine of removal by extreme prejudice. Befort the Civil war Abrahm Linsol had to imprison many judges for many crimes against the constitution

Albert Hess
1 year ago
Reply to  scot_belle

They do not write law, they interpret it. Most everyone’s opinion of any law is at least a little bit different.

Michael
Michael
1 year ago

What other kind are there? “The judge says that the commission consisting exclusively of current and former law enforcement individuals cannot meet that requirement.”

agiletz
agiletz
1 year ago
Reply to  Michael

Shoot, Michael – like all the other libtards out there – Gotta have them dead people out on the commission – just like they want for voters.

LJR Justice
LJR Justice
1 year ago

WELL,..YOU WOULD THINK THEY WOULD HAVE BETTER THINGS TO DO…..SEEMS LIKE THE LEFT ALL GET AWAY WITH ANYTHING AND NO ONE SAYS ANYTHING…

catherine
1 year ago
Reply to  LJR Justice

TRUE and I’m sick and tired of it.

Rodger Shull
Rodger Shull
1 year ago

sound like someone paid off another judge, maybe check this judges credit references , look for some deep financial problems, or a ex-wife wanting more money, he wanting or now driving a new car.

Dr Barbara Embry
Dr Barbara Embry
1 year ago
Reply to  Rodger Shull

Maybe a “MeToo” somewhere in there that wants more money.

DawnieR
DawnieR
1 year ago

Good GAWD!!! Are you SERIOUS?!?! This PETTY-NOTHING ‘law’ falls under the *EYEROLL* category. And yet, we have HUNDREDS, THOUSANDS of CRIMINALS (politicians/govt employees) breaking ACTUAL LAWS!! And no doubt, this ‘judge’ is ONE of them!

Charles Nicholson
Charles Nicholson
1 year ago

An Obama appointee?!

Tom
Tom
1 year ago

JUST like the Mueller investigation. Put this judge in jail.

THOMAS
THOMAS
1 year ago

Someone should send that Judge a bag of fresh dog poop and a spoon !

blondie
blondie
1 year ago
Reply to  THOMAS

No! Just do research on him & send it viral, allowing the public to know who really is this Judge & know that he is biased as hell & must certainly be a DEMONRAT…. Get the truth out for everyone to see & this …… will tuck his tail & run…. We have to fight back with the same fight they give us.

Albert Hess
1 year ago
Reply to  blondie

What negatives did you find?

Fantastic Fairy
Fantastic Fairy
1 year ago
Reply to  THOMAS

No…more convenient to pick up all the human feces…obviously is in endless supply throughout SanFrancisco…
probably plenty available right outside on the courthouse steps…where they make their “shitty” [overreaching] decisions…

Rick
Rick
1 year ago

Judge Bates is an leftist imbecile. I’m getting very sick of all these worthless judges who rule from the bench. Hopefully Trump gets reelected and can fill the courts with originalists instead of Democrat judge activists who make the laws from the bench.

Last edited 1 year ago by Rick
Retired Marine
Retired Marine
1 year ago

My tolerance of libtards was always short, it has now become non-existent. They are ignorant communists that no longer hide it. My disdain for them knows no bounds. Their hatred of the USA is disgustingly obvious, and in my opinion they are enemies of the USA.

cactusbob
cactusbob
1 year ago
Reply to  Retired Marine

They make more sense if you recall that just about everything that elected Democrats say IS A LIE. Just about every one in the MSM LIES (they are no doubt Democrats).

pete
pete
1 year ago

Oh really? Pass the smelling salts!

JohnS
JohnS
1 year ago

9th Circuit court, that’s all you need to know from this bastion of progressive Democrats and why they are the most overturned Circuit court in America.

Clyde Doan
Clyde Doan
1 year ago

Stuff the judge!

Billy Wilson
Billy Wilson
1 year ago
Reply to  Clyde Doan

No just replace him !

Albert Hess
1 year ago
Reply to  Billy Wilson

How do you replace a judge?
Can Supreme Court judges be replaced?

Velma
Velma
1 year ago
Reply to  Albert Hess

No.

Nicholas St Jon
1 year ago
Reply to  Albert Hess

Can’t be replaced but they can be impeached. Keagan should be first on that list for perjury before getting appointed to the SCOTUS. Why any Senator would approve her was beyond me. Let’s help Amy get approved ASAP

Billy Wilson
Billy Wilson
1 year ago

Another Socialist judge from California what do you expect from them ?

Billy Q
Billy Q
1 year ago

Liberal judges don’t understand the law so how can he come to any conclusion

Jim Mcgrath
Jim Mcgrath
1 year ago

Just shows how desperate the trash on the left is. What’s next another failed impeachment attempt. Did they forget that there is a REAL man in the White House not some spineless far left or deep state loser.

Robert Taylor
Robert Taylor
1 year ago

I must ask why are there no republican judges stepping up to disagree with these judges who seem to expect the whole country to bow down to their every word?

Albert Hess
1 year ago
Reply to  Robert Taylor

I must ask why there are so few Republicans nominating and approving judges.

My2Cents
My2Cents
1 year ago

What’s gonna happen when all the first time gun owners have had enough and DEMAND real justice?

Albert Hess
1 year ago
Reply to  My2Cents

The first time gun owners will shoot people, they have their rights.

Fed Up WIth Liberal Activist "Judges"
Fed Up WIth Liberal Activist "Judges"
1 year ago

Get another Judge, a Constitutionalist, to reverse Bates, or at least remove the hold while appealing his decision.
Castrate him.

D MacKAY
D MacKAY
1 year ago

Appeal as the decsion to move forward in this fashion was done so on a redeached Legal opinion that there was no coflict wiht hte Law – the Judge is ruling that Judges are the law in absence of a Law (They are not) – this has to be appealed.

cactusbob
cactusbob
1 year ago

Has FACA defined “fair balance?” If not, that should be the issue. If law enforcement personnel can’t make up the panel, maybe they need a housewife, elementary school teacher, dishwasher, or CPA on the panel. If so, they must be specific as to what is acceptable.

scd
scd
1 year ago
Reply to  cactusbob

also a couple of the Gay Bays homeless would be a nice.

Groucho
Groucho
1 year ago

Who cares what some worthless judge says. I have contempt for him, and his court.

Michael O'Connor
Michael O'Connor
1 year ago

Someone (AG Barr) needs to put a stop to these po-dunk judges thinking they have become god. They are controlled by Democrats and are not looking at the law in good faith. It is very biased what they do.

Albert Hess
1 year ago

Please everyone take minute to say a prayer for our Patriotic President and his Lovely Bride that they do not suffer too much, or make the ultimate sacrifice, from this dastardly. Communist Chinese Flue.

Albert Hess
1 year ago

My prayers are are with Donald and Melania in these difficult times.

Albert Hess
1 year ago

Trump knows how to deal with this kind of judge.

Albert Hess
1 year ago

God is real.

Albert Hess
1 year ago

Please pray for our infected leader, and his wife. .

John W
John W
1 year ago

“John Bates has made his decision; Now let him enforce it”. That paraphrasing off Andrew Jackson’s famous response to Supreme Court Chief Justice John Marshall is just as apt as the original.

Albert Hess
1 year ago

There is kind of hush all over the world, Trump rallies in suspension.

Burnsy
Burnsy
1 year ago

Can I meet with my wife to discuss our issues in private without giving security advance public notice???? Where the hell did you come up with this????

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