Tag: USAID

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Today’s Supreme Court Decision in Department of State v. Aids Vaccine Advocacy Coalition

This image provided by Rachel Malehorn shows Judge Amy Coney Barrett in Milwaukee, on Aug. 24, 2018. (Rachel Malehorn, rachelmalehorn.smugmug.com, via AP)

Washington Post, Supreme Court says judge can force Trump administration to pay foreign aid

SCOTUSblog, Supreme Court denies Trump request to block $2 billion foreign-aid payment

If you want to dig in the weeds, please do so; the two sources above, along with many others, will help.

Big picture: the issue presented by the case is whether it is A-OK for Trump to spit on the Constitution by exercising kingly power to destroy a federal agency created and funded by Congress—particularly in a situation where the destruction of said agency will lead to unimaginable loss of life. 

In a dissenting opinion written by Justice Alito—who has been drinking a whole lot of Kool-Aid lately—and joined by Justices Thomas, Gorsuch, and Kavanaugh, the four justices seemed to take it as self-evident that Trump need not obey the Constitution and that it was a grievous act of “judicial hubris” for a lowly federal district judge to think that Trump has any obligation to the Constitution. 

But one of the three Trump-appointed justices, Amy Coney Barrett, has been tapering off the Kool-Aid lately. She joined with Justice Roberts and with the three liberals in a short, unsigned opinion, indicating that the lowly federal district judge in question could bloody well go right ahead and order Trump to pay up. (That is, it’s OK for the judge to order Trump to pay pending a final resolution of the case.)

If you read the opinion—and I hope you do—you will see that I have oversimplified. You will see that this onion has a lot of layers. But I do not think I have oversimplified in a misleading way. And my guess is that it’s going to be Constitution, 5, Dictatorship, 4, from here on.

I did say “guess.” There is a difference, you know, between a guess and a prediction.

And, by the way, as Trump becomes increasingly unpopular, I would’nt be shocked if we peel off Kavanaugh. 

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Indraneel Sur, Esquire’s Terrible, Horrible, No Good, Very Bad Day in Court

Washington Post, Judge orders Trump administration to pay millions in USAID funds: Officials have one day to resume foreign aid payments after a contentious hearing in which a government lawyer couldn’t say if funds had been unfrozen.

Politico, Judge warns Trump administration to comply with court order on foreign aid payments

Indraneel Sur graduated from Yale, earned his law degree at the prestigious University of Pennsylvania Law School, worked as an associate at the prestigious law firm Gibson, Dunn & Crutcher, and then joined the Justice Department as an attorney. One source claims that he is a member of the Federalist Society. Yesterday, he appeared in court to defend the government’s response to the judge’s pending order to resume payments owed for supplies delivered to USAID. 

The Washington Post reports that “During the contentious 90-minute hearing, Justice Department lawyer Indraneel Sur told [the judge] he was ‘not in a position to answer’ whether the Trump administration had taken needed steps to allow the assistance to begin moving.”

Politico writes about his day in court yesterday:

During a telephone hearing, U.S. District Judge Amir Ali grew impatient with a lack of clear responses from the administration’s lawyers to claims from aid contractors that they have seen no payments from the State Department or U.S. Agency for International Development since Ali issued an emergency order Feb. 13 halting a broad freeze on aid-related programs.

“I don’t know why I can’t get a straight answer from you,” the judge lamented after Justice Department attorney Indraneel Sur repeatedly sidestepped a question about whether the Trump administration released any funds following the judge’s earlier order.

After Sur suggested that officials were holding up or canceling payments under the terms of individual contracts, Ali said he was baffled by the government’s view.

“I guess I’m not understanding where there is any confusion here,” the judge said. “It’s clear as day.”

What Seems to be Happening—and Some Friendly Advice from Your Dutch Uncle Ron

The picture will become clearer as this case proceeds—along with the many dozens of other cases involving the legality of the Trump administration’s acts. Right now, however, the picture that seems to be emerging is that someone in the administration is ordering its frontline lawyers to pull the wool over the eyes of the judges in these cases. 

So here’s a friendly piece of advice. If you have drunk freely of the Trump Kool-Aid and want to defend its contentions about its dictatorial powers, then you can probably do so without being disbarred or sent to jail. 

But do not lie to the court. If you do, you are going to be in a world of hurt. 

And the day when your boss—or his boss—orders you to lie to the court is the day you need to walk off the job.

For your own protection, if for no other reason than to protect yourself.