Sunday, June 14, 2009

DOMA: A More Likely Scenario

From a forum at DU by Political Tiger:
  • Despite all the hoopla, the assertion that "Obama defends DOMA" simply is NOT true.
  • You see, the Department of Justice has a legal obligation to defend the United States when it is a party to a criminal or civil action. This has already been pointed out by some people and promptly dismissed by those determined to lay all the blame on Obama, however, try to deny that truth as one might, it is the truth.
  • This is laid out under Title 28, Section 547 of the United States Code:
  • United States Attorneys conduct most of the trial work in which the United States is a party. The United States Attorneys have three statutory responsibilities under Title 28, Section 547 of the United States Code:
  • •the prosecution of criminal cases brought by the Federal government;
  • •the prosecution and defense of civil cases in which the United States is a party; and
  • •the collection of debts owed the Federal government which are administratively uncollectible.
  • http://www.usdoj.gov/usao/index.html
  • But....but....but it's still Obama's fault! It had to be cleared with Obama! Obama had to have OKed the brief! Obama's hand is all over this! Obama hates the gays........
  • WRONG!
  • You see, under The United States Department of Justice - United States Attorneys Manual, TITLE 1; DEPARTMENT OF JUSTICE ORGANIZATION AND FUNCTIONS (http://www.usdoj.gov/usao/eousa/foia_reading_room/usam/... ), there is a section titled "Department of Justice Communications with the White House" (http://www.usdoj.gov/usao/eousa/foia_reading_room/usam/... ).
  • Under Section 32:
---Read it all HERE.

This makes more sense to me than the other accusations, but hey, when you've gotten the shitty end of the stick so often it pays to be skeptical. Working with the probable truth is much better than worst case scenarios, isn't it?

Stay tuned.

And, I WANT to believe this president's word is good for us all. But, that's just me.

More later.
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3 comments:

  1. You're misunderstanding what the law is. It is a job description saying that when lawsuits hit the federal government, they're the branch that handles it. It puts not requirement on how the DoJ handles it. The Obama DoJ has already shown that they don't have to defend all laws:
    http://www.aclu.org/drugpolicy/gen/10903prs20050126.html
    So the procedure (amongst many choices as Obama's hands aren't tied) Obama could have done was send a memo to Congress saying they wouldn't defend DOMA.

    ReplyDelete
  2. I really WANT to believe in Obama too. Show me some meaningful support for ENDA from his administration and I'll never harbor another doubt.

    ReplyDelete
  3. Dave - Thanks for your comment. As a lay person I am learning from folks like you that none of this is simple.

    Bigg - I really hope we're all wrong, but if not, well, we've been here many times before.

    I think we all have our doubts and are hoping for a positive surprise. We'll see how this unfolds.

    Thanks for visiting, guys.

    ReplyDelete

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