DeSantis Martha's Vineyard Stunt

[TurkeysGhost]

As StacyHS has pointed out, this post shows that you have a fundamental misunderstanding of how State laws v Federal laws work.

The intersection of State vs Federal law isn't as clear cut as you imply here, and history is full of examples where federal authority has been creatively used.

The Martha's Vineyard stunt was arguably criminal. Those on the flight have claimed that they were promised various kinds of aid that wasn't actually available to induce them to cross state lines. That's outright fraudulent and arguably human trafficking. Where's the DOJ?

 

[Suddenly]

Biden and his DoJ cannot do anything about States banning books, drag shows or abortions. They would need to pass legislation that would need to first pass by a majority in the House before going to the Senate and being passed by a 60/40 majority. Good luck getting the MAGA Chuds in the House to agree with that!

The whole "what do you expect Biden to do" based on a high school civics class level understanding of how Federal law works is the most exasperating example of Biden apologetics.

DOJ enforcement policy directives are quite powerful. There are executive orders, etc. There are compelling arguments that all of those things violate federal law and the executive gets to enforce the law as they see it. Eventually that winds up in the courts, but that's eventually. In the meantime the DOJ effectively gets to say what the law is.

It isn't like congress changed the federal drug laws to allow state level marijuana legalization. That's all happening based on a DOJ policy directive. All of that marijuana is still illegal in the sense that there is a duly passed federal statute making possession and sale of same a crime. It's legal in the sense that the federal government isn't prosecuting anyone for it via a legally binding policy directive.

We can now move to the next step where since I am not including a white paper laying out the mechanisms as to how the executive branch could address what is arguably interstate human trafficking I should shut up and admit that Biden is powerless.

 

[Stacyhs]

The intersection of State vs Federal law isn't as clear cut as you imply here, and history is full of examples where federal authority has been creatively used.

I repeat: What exactly would you have "Biden's DOJ" do? Has DeSantis broken any FEDERAL laws? Since the SCOTUS overturned R v W, abortion rights have become the purview of the STATES. Again, what FEDERAL laws have the red states passing draconian abortion laws broken?

The Martha's Vineyard stunt was arguably criminal. Those on the flight have claimed that they were promised various kinds of aid that wasn't actually available to induce them to cross state lines. That's outright fraudulent and arguably human trafficking. Where's the DOJ?

Quite possibly, but that will be determined when the investigation is done. Also remember that the DOJ does not usually announce when they're considering or running an investigation: "In general, the Department of Justice does not publicly announce investigations or investigative findings." (

For a better understanding of the situation and the legalities involved, this is a good article:

Gavin Newsom wants Ron DeSantis charged with ‘kidnapping’ migrants. Is that possible?

 

[Stacyhs]

The whole "what do you expect Biden to do" based on a high school civics class level understanding of how Federal law works is the most exasperating example of Biden apologetics.

I'll just add this to the "Hyperbolic Claims Based on Bupkis" folder. We're going to need a bigger folder.

DOJ enforcement policy directives are quite powerful. There are executive orders, etc. There are compelling arguments that all of those things violate federal law and the executive gets to enforce the law as they see it. Eventually that winds up in the courts, but that's eventually. In the meantime the DOJ effectively gets to say what the law is.

Can you provide us with some of those 'compelling arguments? Quoted and cited?

It isn't like congress changed the federal drug laws to allow state level marijuana legalization. That's all happening based on a DOJ policy directive. All of that marijuana is still illegal in the sense that there is a duly passed federal statute making possession and sale of same a crime. It's legal in the sense that the federal government isn't prosecuting anyone for it via a legally binding policy directive.

Nope. No, Congress didn't change the federal drug law, but they did prevent the DOJ from using appropriated funds to prevent states from implementing their own weed laws. AND
[URL="https://en.wikipedia.org/wiki/Rohrabacher%E2%80%93Farr_amendment"] the Rohrabacher–Farr amendment passed by Congress in Dec. 2014 specifically prevents the DOJ from "implementing their own State laws that authorize the use, distribution, possession, or cultivation of medical marijuana." [/URL] The DOJ Directive is due directly to the Rohrabacher-Farr amendment passed by Congress.

Limiting Federal Enforcement in States: Directives through Federal Appropriations
In each fiscal year since FY2015, Congress has included
provisions in appropriations acts that prohibit DOJ from using appropriated funds to prevent certain states, territories, and DC from “implementing their own laws that authorize the use, distribution, possession, or cultivation of medical marijuana” (for the most recent provision, see the
Consolidated Appropriations Act, 2023 [P.L. 117-328]). On
its face, the appropriations rider bars DOJ from taking legal
action against the states directly in order to prevent them
from promulgating or enforcing medical marijuana laws. In addition, federal courts have interpreted the rider to prohibit certain federal prosecutions of private individuals or organizations that produce, distribute, or possess marijuana in accordance with state medical marijuana laws.

We can now move to the next step where since I am not including a white paper laying out the mechanisms as to how the executive branch could address what is arguably interstate human trafficking I should shut up and admit that Biden is powerless.

Or....maybe you should know what you're talking about before posting.

 

[Suddenly]

Can you provide us with some of those 'compelling arguments? Quoted and cited?

You actually are asking for the white paper. Just precious.

There are numerous 1st and 14th amendment issues present with the books and drag queens. The administration actually is doing some things w/r/t abortion. They probably will with the book banning and drag queen stuff as well. Saying the DOJ is doing nothing is unfair. Saying they can't do anything is nonsense.

Nope. No, Congress didn't change the federal drug law, but they did prevent the DOJ from using appropriated funds to prevent states from implementing their own weed laws. AND
[URL="https://en.wikipedia.org/wiki/Rohrabacher%E2%80%93Farr_amendment"] the Rohrabacher–Farr amendment passed by Congress in Dec. 2014 specifically prevents the DOJ from "implementing their own State laws that authorize the use, distribution, possession, or cultivation of medical marijuana." [/URL] The DOJ Directive is due directly to the Rohrabacher-Farr amendment passed by Congress.

So marijuana is still illegal and all that keeps people from being arrested is DOJ directives? Yes. Congrats on adding a bunch of detail that does nothing but illustrate how potent DOJ directives can be. Which was the point.

(DOJ started issuing directive well before congress acted. Here is one from 2013.)

Based on assurances that those states will impose an appropriately strict regulatory system, the Department has informed the governors of both states that it is deferring its right to challenge their legalization laws at this time.

https://www.justice.gov/opa/pr/justice-department-announces-update-marijuana-enforcement-policy


Not that this matters to the thread. Desantis is committing crimes, or at least there is probable cause that would warrant a comprehensive investigation into kidnapping, human trafficking and misappropriation of public funds. The feds don't want the political headaches of getting involved, so they don't.