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GOWDY: You don’t have discretion on whether to follow the law or not… HOLDER: I disagree…
The Right Scoop ^ | April 8, 2014

Posted on 04/08/2014 2:01:04 PM PDT by don-o

Trey Gowdy really exposes the lawless nature of Eric Holder in this exchange about mandatory minimums. Holder is trying to bypass the law by telling his attorneys not to divulge to the courts the amount of drugs that were seized from the offender. In doing this, the court can’t invoke mandatory minimum laws because they don’t know the amount.

It’s this exchange that caught my attention:

GOWDY: That’s my point, is that your memo is trumping a congressional statute.

HOLDER: Well, I mean, we always have discretion. And, would you say that…

GOWDY: But you don’t have discretion on whether to the follow the law or not. That’s my point.

HOLDER: No, no, I would disagree in the sense that, taking into account resource constraints, it is incumbent upon those of us in the executive branch to make the maximum use of the resources that Congress gives to us. That necessarily means we’re always making choices about the kinds of cases we bring, how we deal with cases we bring…

GOWDY: But you’re already expending the resources of the prosecution or you and I wouldn’t be having the question. This is all about sentencing. I have no qualms if you say I’m gonna decline prosecution. You have an unfettered right to do that.

What I’m saying is you don’t have the right to say, in mandatory minimum cases, don’t tell the grand jury what the drug amount i

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


TOPICS: Crime/Corruption; News/Current Events; US: South Carolina
KEYWORDS: ag; doj; ericholder; gowdy; holder; southcarolina; treygowdy
Video at link
1 posted on 04/08/2014 2:01:04 PM PDT by don-o
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To: don-o

Go Trey, go for the throat!


2 posted on 04/08/2014 2:03:31 PM PDT by tet68 ( " We would not die in that man's company, that fears his fellowship to die with us...." Henry V.)
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To: don-o

Some animals are more equal than others, right Derrick?


3 posted on 04/08/2014 2:06:12 PM PDT by E. Pluribus Unum ("A man who damns money obtained it dishonorably; a man who respects it has earned it." --Ayn Rand)
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To: tet68

Gowdy should be the U.S. A.G.


4 posted on 04/08/2014 2:06:41 PM PDT by jsanders2001
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To: don-o
I think Eric just confessed to criminal conduct.
5 posted on 04/08/2014 2:06:44 PM PDT by E. Pluribus Unum ("A man who damns money obtained it dishonorably; a man who respects it has earned it." --Ayn Rand)
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To: jsanders2001

Well if we tell tou much we seized then you’ll know how much we sold later! Wah....


6 posted on 04/08/2014 2:08:11 PM PDT by jsanders2001
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To: E. Pluribus Unum

Gowdy’s gonna get his man, and woman, mark my words...

I would be so jealous of SC except that I have Cruz and Gohmert.


7 posted on 04/08/2014 2:09:40 PM PDT by txhurl
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To: don-o

Gowdy is one of the VERY FEW that I have a shred of respect for.

He takes his job seriously.

The others? FEH..!


8 posted on 04/08/2014 2:10:41 PM PDT by gaijin
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To: don-o

The Judge should just assume the worst and put the prosecutor in jail for contempt.


9 posted on 04/08/2014 2:13:49 PM PDT by Paladin2
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To: don-o
How much "resources" does it take to tell the court the amount of a seizure?
In the history of BS excuses that's one of the lamest. Holder broke the law.
Again.
10 posted on 04/08/2014 2:14:34 PM PDT by TigersEye (Stupid is a Progressive disease.)
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To: don-o

Holder is correct, because the media supports him, the public doesn’t care, and the Republican party will not offer serious opposition to anything the Democrats want.


11 posted on 04/08/2014 2:17:10 PM PDT by brownsfan (Behold, the power of government cheese.)
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To: txhurl

Gohmert? Didn’t Holder cast aspersions on his asparagus?


12 posted on 04/08/2014 2:18:52 PM PDT by Starstruck (If my reply offends, you probably don't understand sarcasm or criticism...or do.)
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To: brownsfan

this thread and the exchange argue to the contrary.

Holder is being slapped around by a lawyer


13 posted on 04/08/2014 2:18:57 PM PDT by bert ((K.E. N.P. N.C. +12 ..... History is a process, not an event)
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To: jsanders2001

Unfortunately we need him in the house. I think Michigan AG Bill Schuette would be a good one too because he’s a strict law and order guy whether he likes the law or not.

Personally I think the real problem is rooted in the fact that the president appoints the AG and over the years they’ve become the president’s personal prosecutor/defense attorney.


14 posted on 04/08/2014 2:19:52 PM PDT by cripplecreek (REMEMBER THE RIVER RAISIN!)
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To: brownsfan
Holder is correct, because the media supports him, the public doesn’t care, and the Republican party will not offer serious opposition to anything the Democrats want.

PFL

15 posted on 04/08/2014 2:20:27 PM PDT by Alex Murphy ("the defacto Leader of the FR Calvinist Protestant Brigades")
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To: Paladin2

Holder’s already been held in contempt by Congress.
So what?
Nothing happened. He wore it like a badge of distinction, like Ayers standing on the flag.
Like Barry and Slick: “Stroke of the pen, law of the land, cool.”
Any wonder whey they all have contempt for the idea of `a nation of laws’?
For the left, the law is what they say it is.


16 posted on 04/08/2014 2:23:32 PM PDT by tumblindice (Are all Democrats inveterate, habitual liars?)
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To: AdmSmith; AnonymousConservative; Berosus; bigheadfred; Bockscar; cardinal4; ColdOne; ...
Thanks don-o, sidebar: Watch Trey Gowdy’s Amazing Response to Dem Colleague Who Says Members of Congress Are ‘Underpaid’.
17 posted on 04/08/2014 2:26:59 PM PDT by SunkenCiv (https://secure.freerepublic.com/donate/)
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To: jsanders2001
Wasn't Gowdy a District Attorney before he ran for office? It must disgust him to watch a corrupt criminal like Holder destroy the Department Of Justice, or the Department Of Just-Us under Holder.
18 posted on 04/08/2014 2:27:58 PM PDT by peeps36 (I'm Not A Racist, I Hate Douchebags of All Colors)
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Bookmarking


19 posted on 04/08/2014 2:28:39 PM PDT by RandallFlagg (Uninstall Fascist Firefox. Get Pale Moon.)
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To: don-o

I’m liking Trey Gowdy more and more, every time I see him on the news, he’s got the right presence and the right take on the issue.
He needs to keep at these clowns.
He has my support.


20 posted on 04/08/2014 2:29:19 PM PDT by PubliusMM (RKBA; a matter of fact, not opinion. 01-20-2016; I pray we make it that long.)
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To: peeps36

16 years he was, and he was vowed to make Lerner talk, and I believe him.


21 posted on 04/08/2014 2:31:20 PM PDT by txhurl
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To: don-o

“resource constraint . . . discretion . . . priority . . . totality . . . “ He’s moving the old boundaries, right before your very ears.


22 posted on 04/08/2014 2:31:51 PM PDT by cornelis
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To: E. Pluribus Unum
I think Eric just confessed to criminal conduct.

Holder's entire career has been built on one criminal act after another.

He is a slimy creature.

When he isn't openly breaking the law he is slinking around the edges and skulking in dark corners
looking for ways to circumvent it.


23 posted on 04/08/2014 2:32:35 PM PDT by Iron Munro (The future ain't what it use to be -- Yogi Berra)
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To: peeps36

Wasn’t Gowdy a District Attorney before he ran for office?

I’m not sure about District Attorney, but he was a Prosecutor in SC. I first saw him on the Investigation Discovery Channel, going after criminals in the Greenville-Spartanburg area. He is well versed in the ways of low life scum sucking dirt bags. You know, the kind we have running the country.

Anyway, if you watch the Investigation Discovery Channel, you may run into him when he was a very able and competent Prosecutor.


24 posted on 04/08/2014 2:33:21 PM PDT by Paisan
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To: don-o
http://www.c-span.org/video/?283822-1/attorney-general-swearingin-ceremony

"I Eric Holder, do solemnly swear that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely without mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God."

25 posted on 04/08/2014 2:34:28 PM PDT by Pollster1 ("Shall not be infringed" is unambiguous.)
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To: don-o

Now that I think of it, he’s in contempt of congress. Shouldn’t he be taken into custody by the Sgt at Arms?


26 posted on 04/08/2014 2:59:59 PM PDT by andyk (I have sworn...eternal hostility against every form of tyranny over the mind of man.)
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To: don-o

Back in the Clinton administration, then Deputy AG Holder received a referral from a Federal Judge, Royce Lambert, that alleged perjury in his Court on the part of Ira Magaziner, a WH aide and Hillary confidant on his testimony on Hillarycare.

Holder refused to prosecute that Democrat either. The judge was left with nothing to do buy levy a $250,000 fine against the US Government in favor of the plaintiffs. Holder and the Dems were OK with that.


27 posted on 04/08/2014 3:04:12 PM PDT by wildbill
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To: cripplecreek

Yeah we need to clone him and Ted Cruz a few times...lol


28 posted on 04/08/2014 3:07:35 PM PDT by jsanders2001
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To: don-o

Holder wants both executive and judicial power. We here in MA saw the tyranny of that in Governor Hutchinson, who was both governor and chief justice. Hutchinson’s house was soon destroyed and he was sent packing, back to England.


29 posted on 04/08/2014 3:09:50 PM PDT by cotton1706 (ThisRepublic.net)
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To: jsanders2001

I am tending to think that the USA needs two persons such as Goudy and West to right the ship of State.


30 posted on 04/08/2014 3:13:36 PM PDT by noinfringers2
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To: don-o

I really admire Trey. More every day.


31 posted on 04/08/2014 3:14:41 PM PDT by combat_boots (The Lion of Judah cometh. Hallelujah. Gloria Patri, Filio et Spiritui Sancto!)
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To: don-o

bkmk


32 posted on 04/08/2014 3:16:55 PM PDT by Sergio (An object at rest cannot be stopped! - The Evil Midnight Bomber What Bombs at Midnight)
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To: don-o

I don’t believe that mandatory minimums are good thing. I rank it up there a bit below asset forfeiture.

Though, Gowdy’s argument is a tacit admission of sorts regarding Jury Nullification. After all, it’s not Jury’s that determine sentencing, it’s the Judge. (accept in Death penalties).

What Gowdy is saying is “Don’t prosecute” if you think it doesn’t meet the mandatory sentencing. But if you do, leave it to the Jury to decide by nullification if it does ... well sort of.

Funny though, Holder’s misstep in arguing against “following the law” is most revealing, as Gowdy already conceded that he had “unfettered” discretion whether to prosecute or not.


33 posted on 04/08/2014 3:22:02 PM PDT by Usagi_yo (Islamunism = Facism + Islam : Islamunist = someone that adheres to Islamunism.)
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To: Pollster1

I believe that God is involved in all of life and/or death. Holder had best be very aware of this even if he is not a believer.


34 posted on 04/08/2014 3:22:15 PM PDT by noinfringers2
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To: don-o

I was proud of our guys today... we’re standing up to world class thugs... thugs with power. Gowdy didn’t back down didn’t give an inch....


35 posted on 04/08/2014 4:03:30 PM PDT by GOPJ (.'Dog Shit' could be sold to 7 million citizens if the IRS fined those who refused to buy it...)
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To: combat_boots

I watch as many of the clips on him as I can. I’m most impressed too.


36 posted on 04/08/2014 4:18:38 PM PDT by mcshot (..."And this too shall end.")
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To: Usagi_yo

Yes, I love Trey Gowdy, but I tend not to like laws that tell the judicial branch what to do in too much detail. I have to reluctantly admit that the three strikes laws in WA seems to be helping. I still prefer the “repeat felony offender” statute in Montana though.


37 posted on 04/08/2014 5:13:35 PM PDT by crazycatlady
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To: don-o
I am not a constitutional attorney, but I did stay in a Holiday Inn Express in Dubai UAE once....

Yet by sticking to the code (cut to Pirates of the Caribbean) ah the code. For your reading pleasure:

18 USC § 2384 Seditious conspiracy

If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both.

I know, just one of those bothersome things that get pointed out from time to time.

38 posted on 04/08/2014 10:25:27 PM PDT by SERE_DOC ( “The beauty of the Second Amendment is that it will not be needed until they try to take it.” TJ.)
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To: jsanders2001

“Gowdy should be the U.S. A.G.”

I think he’d be a good one, but I like him in the House - -perhaps head of the Judiciary Committee.

I think Rep Gohmert would be a good one, too, but I think he’d be a great Speaker of the House.

Ted Cruz would be great as AG, but I’d like to see him as Pres or VP (moving to Pres in 2024). Then moving on as a SCOTUS justice (yes, I’m fantasizing).

Mark Levin would do a bang up job as AG IMHO

Bob Cucinilli (former AG from VA) would also do a good job as AG and possibly the AG from Texas (don’t recall his name right now, but he was on Fox quite a few times during the states suit against Obummercare).


39 posted on 04/09/2014 7:52:01 AM PDT by Seattle Conservative (God Bless and protect our troops)
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To: Seattle Conservative

Are you thinking of Greg Abbott?


40 posted on 04/09/2014 7:52:56 AM PDT by ConservativeMan55 (In America, we don't do pin pricks. But sometimes we elect them.)
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To: Seattle Conservative
“Gowdy should be the U.S. A.G.”

Hell, Gowdy should be President!

41 posted on 04/09/2014 7:53:43 AM PDT by The Sons of Liberty (Who but a TYRANT shoves down another man's throat what he has exempted himself from?)
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To: ConservativeMan55

Yes, thank you! I knew his name began with an A, but couldn’t recall it off the top of my head. I know he’s running for Gov of Texas right now against the pink-shoed, abortion-loving feminist, dimiwit Davis.


42 posted on 04/09/2014 8:00:12 AM PDT by Seattle Conservative (God Bless and protect our troops)
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To: Seattle Conservative

No worries!!


43 posted on 04/09/2014 8:01:35 AM PDT by ConservativeMan55 (In America, we don't do pin pricks. But sometimes we elect them.)
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