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Eric Holder To State Attorneys General: You Don't Have to Enforce Laws You Disagree With
Townhall ^ | March 11, 2014 | Katie Pavlich

Posted on 03/11/2014 9:17:08 AM PDT by yoe

Attorney General Eric Holder is taking the lawless attitude of the Obama administration and passing it down to state attorneys general. Yesterday during an interview with The New York Times, Holder said state attorneys general do not have to enforce laws they disagree with, specifically when it comes to the issue of gay marriage.

It is highly unusual for the United States attorney general to advise his state counterparts on how and when to refuse to defend state laws. But Mr. Holder said when laws touch on core constitutional issues like equal protection, an attorney general should apply the highest level of scrutiny before reaching a decision on whether to defend it. He said the decision should never be political or based on policy objections.

“Engaging in that process and making that determination is something that’s appropriate for an attorney general to do,” Mr. Holder said.

In 2011, the Obama administration announced attorneys in the Department of Justice would not enforce the Defense of Marriage Act, which was later struck down in 2013 by the Supreme Court.

(Excerpt) Read more at townhall.com ...


TOPICS: Crime/Corruption; News/Current Events
KEYWORDS: holderlawless; obamalawless
Jury nullification occurs in a trial when a jury acquits a defendant they believe to be guilty of the charges against them. This may occur when members of the jury disagree with the law the defendant has been charged with, or believe that the law should not be applied in that particular case. ...

(Racially Bases Jury Nullification)

1 posted on 03/11/2014 9:17:08 AM PDT by yoe
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To: yoe

Great! About 2/3 of the states will be done with Obamacare, then...


2 posted on 03/11/2014 9:21:07 AM PDT by bigbob (The best way to get a bad law repealed is to enforce it strictly. Abraham Lincoln)
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To: yoe

This is just a few steps away from nobody obeying a law they disagree with.


3 posted on 03/11/2014 9:21:10 AM PDT by DBrow
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To: yoe

But by God don’t you dare disobey Eric Holder’s dictates!!!


4 posted on 03/11/2014 9:22:57 AM PDT by cotton1706
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To: yoe

To that end, any law, executive order, executive agency rule, guideline or restriction his vile corrupt administration issues forth like spew from a putrid serpent, can be ignored. From the mouth of the serpent’s enforcer himself.


5 posted on 03/11/2014 9:23:43 AM PDT by Gaffer (Comprehensive Immigration Reform is just another name for Comprehensive Capitulation)
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To: yoe

Obamacare being one of those, I suppose?

Dear Holder, CW-II is closer in the mirror than it appears.

I’ll enjoy watching what happens to you if it occurs.


6 posted on 03/11/2014 9:23:44 AM PDT by Da Coyote
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To: yoe

If the federal government and states don’t have to enforce the laws they pass, then why do the people have to obey them?


7 posted on 03/11/2014 9:24:15 AM PDT by Blood of Tyrants (Haven't you lost enough freedoms? Support an end to the WOD now.)
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To: yoe

We don’t have to OBEY laws that are contrary to the Constitution.


8 posted on 03/11/2014 9:24:22 AM PDT by JimRed (Excise the cancer before it kills us; feed & water the Tree of Liberty! TERM LIMITS NOW & FOREVER!)
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To: yoe

Like a stopped clock being right twice a day, Holder is correct here. This is a separation of powers issue. A cop has the discretion to not arrest, notwithstanding an obvious violation of law. A DA has the discretion to not charge, a jury has the discretion to not convict (jury nullification) and a judge has the discretion to suspend the sentence. Only the jailer has to follow instructions to jail an inmate, because that’s not a fourth branch of government with independent powers.

If all of the above entities lacked discretion as described above, then the legislature would have all the power, and everyone else would *have* to do as they decreed. In which case no “separation of powers” argument could be made - all the power would rest with the legislature.

So Holder is correct here, there is no obligation to enforce laws. What Holder will never say, though, is that this also applies to gun laws, or any other laws. As it happens, Sheriffs in several Colorado counties are stating that their officers will not enforce some of Colorado’s recent gun prohibitions, i.e. taking some power away from the ‘rat legislature.


9 posted on 03/11/2014 9:24:57 AM PDT by coloradan (The US has become a banana republic, except without the bananas - or the republic.)
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To: DBrow

Yep, pick and choose which ones you want. Everybody do their own thing. A recipe for chaos.

Why pass any laws at all if enforcement is optional?


10 posted on 03/11/2014 9:24:57 AM PDT by Starboard
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To: DBrow

I am increasingly angered, bewildered and frustrated that there are seemingly a lack of checks and balances. Why is Holder still in office? Why isnt’ he prosecuted? Where are the spines of the Republicans? This is beyond absurd!


11 posted on 03/11/2014 9:25:25 AM PDT by samanella
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To: DBrow

It looks like the precedent is being set now. Just a few tiny steps left.


12 posted on 03/11/2014 9:26:23 AM PDT by EandH Dad (sleeping giants wake up REALLY grumpy)
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To: DBrow

A few steps away? That is exactly what this is! A man in elected office takes an oath to enforce the law. Holder is breaking that oath and encouraging others to break the law and do the same. The Republicans should be moving to impeach the clown right now. Why aren’t they, because he’s black?


13 posted on 03/11/2014 9:27:20 AM PDT by maxwellsmart_agent
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To: yoe

This isn’t far from enforcing a law that doesn’t even exist.


14 posted on 03/11/2014 9:27:54 AM PDT by Fresh Wind (The last remnants of the Old Republic have been swept away.)
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To: Starboard
"A recipe for chaos."

that seems to be the PLAN, yes!


15 posted on 03/11/2014 9:28:37 AM PDT by MeshugeMikey (Jesus came to Save not Entertain / Ground John Kerry Now!)
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To: bigbob

Then we don’t have to obey laws we don’t agree with


16 posted on 03/11/2014 9:28:55 AM PDT by ballplayer
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To: bigbob

somebody blast this to all CT LEO’s. they don’t have to enforce the new gun control laws if they don’t want to.


17 posted on 03/11/2014 9:33:30 AM PDT by camle (keep an open mind and someone will fill it full of something for you)
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To: yoe

The US Attorney General is now advocating discretionary disobedience to civil servants that work FOR the citizens. Since the constitution puts the individual rights above legislated law, it follows that citizens are now above the law as well.

I look forward to the first case that goes before the SCOTUS that presents a defense based on judicial enforcement on the whim of LEO (at any level). If judicial precedence still has any standing, the defense should be plausible and undeniable. Simply cite the founding documents that hold these truths to be self evident and make the case that justice is no longer blind but does indeed discriminate. This nullifies the validity of the “Rule of Law” and thereby the legislative body’s authority and, in fact, all governing entities that swear an oath to defend and enforce any such legislation.

Any case, should then be dismissed. I’d start with tax collection enforcement.

(fantasy optimism)


18 posted on 03/11/2014 9:34:48 AM PDT by Tenacious 1 (My whimsical litany of satyric prose and avarice pontification of wisdom demonstrates my concinnity.)
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To: yoe
Eric Holder To State Attorneys General: You Don't Have to Enforce Laws You Disagree With

Too bad he didn't say this during his confirmation hearing.

Or maybe he did and they voted to confirm him anyway.

Not like he and his beliefs were a mystery then, nor is this a surprise now.

19 posted on 03/11/2014 9:35:27 AM PDT by GBA (Here in the Matrix, life is but a dream.)
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To: coloradan
So Holder is correct here, there is no obligation to enforce laws. What Holder will never say, though, is that this also applies to gun laws, or any other laws. As it happens, Sheriffs in several Colorado counties are stating that their officers will not enforce some of Colorado’s recent gun prohibitions, i.e. taking some power away from the ‘rat legislature.

I understand your point here. It has some validity on a "case by case" basis regarding how applicable a law might be in a certain circumstance (letter Vs intent). HOWEVER, I disagree that there is discretion on what laws to enforce or ignore in their entirety. These officials that represent elected positions in government at all levels swear an oath to uphold and enforce the law. They cannot, by personal belief, refuse to enforce laws in general.

In CO I would say the same, that on a case by case basis, an AG can determine whether a law was broken or is applicable. But the idea of ignoring or encouraging a disregard for the law violates an oath of office. Without the recognition of the "Rule of Law" we have no government at all. The only power our government has is the citizenry faith in it, much like our currency. If government cannot be trusted, they will not be obeyed. This is well documented throughout history. A government crumbles when "its subjects" (which is what we have become) do not recognize it's authority.

20 posted on 03/11/2014 9:41:42 AM PDT by Tenacious 1 (My whimsical litany of satyric prose and avarice pontification of wisdom demonstrates my concinnity.)
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To: Tenacious 1

"He shall be King. We shall be EXEMPT, like Moslems".

21 posted on 03/11/2014 9:49:21 AM PDT by Diogenesis
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To: yoe

That also means, you don’t have to obey laws you disagree with.


22 posted on 03/11/2014 9:52:03 AM PDT by BuffaloJack (Freedom isn't free; nor is it easy. END ALL TOTALITARIAN ACTIVITY NOW.)
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To: bigbob

So much for the OATH of OFFICE either/both of took upon taking office.

They are both frauds & were from the first jump.

“REPARATIONS” come in many different packages.


23 posted on 03/11/2014 9:53:50 AM PDT by ridesthemiles
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To: Tenacious 1

Without the recognition of the “Rule of Law” we have no government at all.

And in large measure we do not: we have a government by dictat. [ I have a pen I have a phone...]


24 posted on 03/11/2014 10:01:45 AM PDT by Adder (No, Mr. Franklin, we could NOT keep it.)
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To: yoe

Like the officials who should have been prosecuted in his own oversight departments,who sold weapons as in Fast and Furious.


25 posted on 03/11/2014 10:01:52 AM PDT by OPS4 (Ops4 God Bless America!Jesus is Lord)
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To: bigbob

Unrestricted 2nd amendment too!


26 posted on 03/11/2014 10:04:32 AM PDT by Beagle8U (Unions are an Affirmative Action program for Slackers! .)
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To: yoe

I wonder if this applies to same sex marriage and guns. Oh, but I bet that Holder has to agree with your opinion for it to be a legitimate change.


27 posted on 03/11/2014 10:15:56 AM PDT by notpoliticallycorewrecked (The more you know, the more you realize that you don't know.)
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To: yoe

Eric Holder: Ironically, the champion of states’ rights.

I just wonder if he realizes it.


28 posted on 03/11/2014 10:24:52 AM PDT by Noamie
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To: yoe
Does that include federal gun laws?

</sarcasm>

29 posted on 03/11/2014 10:36:50 AM PDT by E. Pluribus Unum (If Barack Hussein Obama entertains a thought that he does not verbalize, is it still a lie?)
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To: JimRed

“There’s a humming in the restless summer air.”


30 posted on 03/11/2014 10:41:01 AM PDT by BenLurkin (This is not a statement of fact. It is either opinion or satire; or both.)
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To: yoe

Isn’t this anarchy when even the officers of the law don’t obey it.

When is the congress going to impeach this guy?

In civics class we were taught “America is a Nation of Laws”
not just obey the ones you like.


31 posted on 03/11/2014 10:48:00 AM PDT by Zenjitsuman (New Boss Nancy Pelosi)
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To: yoe

Isn’t this anarchy when even the officers of the law don’t obey it.

When is the congress going to impeach this guy?

In civics class we were taught “America is a Nation of Laws”
not just obey the ones you like.


32 posted on 03/11/2014 10:54:07 AM PDT by Zenjitsuman (New Boss Nancy Pelosi)
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To: ridesthemiles

Thank you Orin Hatch.


33 posted on 03/11/2014 11:01:24 AM PDT by Phillipian (Post Tenebras Lux)
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To: Blood of Tyrants

See, there’s the rub. The government (those in it) are showing a blatant disregard for the law as written. They are frankly open about it.

But, they know they have the decency of the law abiding on “the other side” that will not reciprocate.

There will come a time, though, when the law abiding are going to recognize that the actions of those in power are without legitimate authority and act accordingly.

Yes, the gov’t has the legal ability to use deadly force to impose its will, but if that use of force is not founded in legitimacy, it is simply thuggery, and the people have a right to defend themselves from thuggery.


34 posted on 03/11/2014 11:04:42 AM PDT by MrB (The difference between a Humanist and a Satanist - the latter admits whom he's working for)
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To: MrB

I have had many liberals accuse me of being an anarchist because I oppose big government when the truth of the matter is that the titular head of the Rat Party, Obama himself, and all of his minions are preaching a lawless government that only executes laws that they find useful. When the government no longer feels the obligation to enforce the laws, then the citizens have no need to obey them.


35 posted on 03/11/2014 11:32:01 AM PDT by Blood of Tyrants (Haven't you lost enough freedoms? Support an end to the WOD now.)
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To: yoe
"Don't Have to Enforce Laws You Disagree With

Cool! I wonder which states will be the first to allow people to own unregistered fully-automatic weapons, granade launchers, and ignore Obamacare.
36 posted on 03/11/2014 1:09:53 PM PDT by indthkr
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To: coloradan

Thank you for removing the fog a bit.....


37 posted on 03/11/2014 1:52:29 PM PDT by yoe
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To: DBrow

+


38 posted on 03/11/2014 5:35:02 PM PDT by S.O.S121.500 (Had Enough Yet ? ........................ Enforce the Bill of Rights ......... It's the LAW !!!)
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To: JimRed

+


39 posted on 03/11/2014 5:35:54 PM PDT by S.O.S121.500 (Had Enough Yet ? ........................ Enforce the Bill of Rights ......... It's the LAW !!!)
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To: Starboard

Why pass any laws at all if enforcement is optional?

Think selective enforcement..........


40 posted on 03/11/2014 5:37:05 PM PDT by S.O.S121.500 (Had Enough Yet ? ........................ Enforce the Bill of Rights ......... It's the LAW !!!)
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To: Tenacious 1
These officials that represent elected positions in government at all levels swear an oath to uphold and enforce the law.

Whoa! Don't they swear an oath to uphold and defend *the Constitution*?! How could legislators swear to uphold the law, anyway? It's their job to change the law.

I don't think you're correct here.

41 posted on 03/11/2014 7:25:31 PM PDT by coloradan (The US has become a banana republic, except without the bananas - or the republic.)
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To: samanella

A check on the power of the legislature is that cops don’t have to enforce laws they don’t want to, for one. Please read my post #9.


42 posted on 03/11/2014 8:22:42 PM PDT by coloradan (The US has become a banana republic, except without the bananas - or the republic.)
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To: coloradan

I suppose you are correct regarding the law vs the Constitution.


43 posted on 03/12/2014 5:19:44 AM PDT by Tenacious 1 (My whimsical litany of satyric prose and avarice pontification of wisdom demonstrates my concinnity.)
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To: yoe
But Mr. Holder said when laws touch on core constitutional issues like equal protection 2nd Amendment rights, an attorney general should apply the highest level of scrutiny before reaching a decision on whether to defend it.

There, I fixed it.

44 posted on 03/12/2014 5:27:23 AM PDT by Sloth (Rather than a lesser Evil, I voted for Goode.)
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