Tanner Andrews 's Techdirt Comments

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  • On the post: SCOTUS Simply Ignores Precedent, Rather Than Overruling It, In Allowing Trump To Fire Officials Congress Deemed Independent

    Tanner Andrews ( profile ), 19 Jun, 2025 @ 01:18am

    independent agencies

    Ain’t no such thing as an “independent” Federal agency, under the US Constitution.
    True. The problem with this is that Congress can create agencies and specify how they are to be operated, and the president is charged with seeing that the law is faithfully executed. You could view such agencies as creatures of Congress rather than the executive, with some operational details left to the executive. There may be an unconstitutional delegation problem here. Though they were discussed in law school, independent agencies were never adequately explained. It may be that independent agenies will be abolished by the judiciary. That will leave a large gap in governance, because much regulation has been delegated to agencies including the independent agencies. Congress may have to take up law-making again instead of delegating. Good luck with Congress legislating, it seems to be barely capable of successfully handling recess. Legislation is far beyond its present abilities.

  • On the post: Elon Musk’s New Business Model For ExTwitter: Give Us Money Or We Sue

    Tanner Andrews ( profile ), 16 Jun, 2025 @ 04:12am

    weak and ineffective

    I think, actually, that this is one of those rare times where if the plaintiff tries to withdraw their case
    They are in Federal court, and the Federal offer of judgment provisions are stunningly useless. They provide for costs but not fees.

  • On the post: Trump, ICE Have Earned Every Bit Of The Hatred They’re Now Facing

    Tanner Andrews ( profile ), 15 Jun, 2025 @ 11:43pm

    pretty substantial odds

    whether the military would obey such orders. My heart wants to believe they wouldn’t; my head knows there’s a chance they might.
    Having observed the military arriving in California and working with ICE and other federal forces, I feel pretty confident that the military would obey orders to kill civilians. The question is more whether they will wait for such orders.

  • On the post: ‘Journalist’ For Right Wing Propaganda Outlet OAN Fired For Accidentally Almost Doing Honest Journalism

    Tanner Andrews ( profile ), 12 Jun, 2025 @ 09:07am

    pushing a limp rope

    Cuccia was clearly fired for not towing the authoritarian line
    Very unlikely. More probable, Cuccia was fired for not keeping her toe on the approved line (a/k/a ``toeing the line'').

  • On the post: Sen. Joni Ernst To Constituents Regarding Medicaid Cuts: We’re All Going To Die, Someday

    Tanner Andrews ( profile ), 03 Jun, 2025 @ 11:56pm

    nice thing about being in congress

    The senator has health care and need not rely on medicaid.

  • On the post: Fifth Circuit: Fuck It, The Censors Can Control Public Libraries

    Tanner Andrews ( profile ), 03 Jun, 2025 @ 07:09am

    by their acts you will know them

    If they follow the Christian faith, they’re Christians
    Right you are. And if they espose things contrary to the tenets of the faith, then they are probably not Christians. There is more to it than adopting a label. If claiming the label were sufficient, then Trump trespassing outside of the church, with the upside-down bible and the whiff of tear-gas not fully dissipated, would be Christian.

  • On the post: VPNSecure Lifetime Subscriptions: Now You Didn’t License What You Licensed, Either

    Tanner Andrews ( profile ), 30 May, 2025 @ 02:18am

    customers

    They sold all their assets but_not_ the obligations and liabilities
    I thnk customer accounts are generally viewed as assets. The buyer got the customer accounts. That is necessarily a part of the VPN system, because it does not work without customer accounts. It is accepted in some businesses that there is an actual cost to acquiring a customer. Some businesses are therefore motivated to treat customers well, and view their customer accounts as very important assets.

  • On the post: Fifth Circuit: Fuck It, The Censors Can Control Public Libraries

    Tanner Andrews ( profile ), 30 May, 2025 @ 02:08am

    misnomer

    conservative Christian assholes
    Not convinced that calling then ``Christian'' is appropriate. Much of what they are doing and promoting seems rather strongly opposed to the teachings of the guy for whom the religion is named.

  • On the post: Fifth Circuit: Fuck It, The Censors Can Control Public Libraries

    Tanner Andrews ( profile ), 30 May, 2025 @ 02:05am

    the future is now

    the regulation of speech⁠—even if the government won’t abuse that power at first
    It appear that the future has arrived. The Federal government is happily abusing that power, even to the extent of kidnapping and ``dissappearing'' people who publish views it finds objectionable. Some local law enforcement is happy to assist, particularly if the targets are darker-complected.

  • On the post: Trump Administration Tells Supreme Court DOGE Can’t Be FOIAed

    Tanner Andrews ( profile ), 29 May, 2025 @ 05:04am

    not a real strong position

    "submit[s] a report and various recommendations to the President”
    Assuming for this post that the above is correct, then the sackings and such do not come from Doge but from the executive through instructions to the agency. Such instructions necessarily become part of the receiving agency's records. The point of FOIA is to allow the public to view the various agency records. So, at least the orders from the White House ought to be visible. So, pretty much of an ``own goal'' there.

  • On the post: Federal Judge Benchslaps DOJ For Arrest Of Newark Mayor During Visit To ICE Detention Facility

    Tanner Andrews ( profile ), 29 May, 2025 @ 04:56am

    not a high bar

    Que Susan Collins
    Wait, is that the same Susan Collins who was so dumb she believed Brett Cavenaugh when he was proffered as a possible Supreme?

  • On the post: Trump DOJ: Our Own Suggested Remedy For Illegally Renditioning Men To South Sudan Is Now Too Burdensome

    Tanner Andrews ( profile ), 29 May, 2025 @ 04:37am

    been there, done that

    hearing to find that yes, someone is actually a criminal
    I think that would be the criminal trials in which the deportees were convicted. Those convictions and their corresponding crimes do not authorize transportation as a punishment. At one time, England had such a punishment, which is how you got Australia and the colony (later state) of Georgia. But US laws do not authorize transportation. The offenders may be kept in prison for the rest of their lives. Or they may be sent to their home countries, if those countries are willing to take them. I suppose as well they could be sent to any other willing countries to which they consent, but that would require an agreement between the prosecuting power and the offender. The problem is not lack of criminal process in these unusual cases. Most of the time it appears that the administration just makes stuff up about people, such as the beloved ``eating the pets'' trope, but here we have a rare case of actual criminals. Even so, you cannot consistent with the U.S. Constitution transport these guys and dump in South Sudan.

  • On the post: How Not To CwF+RtB: Tell Fans They’ll Pay Any Price If They’re ‘Real’ Fans

    Tanner Andrews ( profile ), 26 May, 2025 @ 02:03am

    while you are at it

    That is… in the process of being fixed.
    How about fixing ``preview'' amd ``flag'' so they work without javascript, like they did on the old platform?

  • On the post: DHS Strips Harvard’s Foreign Student Program Just As Judge Blocks Separate Mass Student Expulsion Scheme

    Tanner Andrews ( profile ), 24 May, 2025 @ 05:30am

    not moles

    These folks are not so much moles or even fellow travellers. These are actual live Russian assets.

  • On the post: ICE Boss Thinks Journalists Shouldn’t Be Asking About Masked Officers Disappearing People

    Tanner Andrews ( profile ), 24 May, 2025 @ 05:17am

    being patient and waiting for them to get here

    There are agricultural endeavors whose work forces include spanish-speakers. Not sure how long it will take the ICE brownshirts to get to Florida, and how they will feel about wearing the masks and hoods in the summer heat. Interesting side note: Last year the legislature enacted Ch. 2024-80, L.F., creating F.S. 448.106. The statute bars any law requiring shade or water breaks for people toiling in the sun.

  • On the post: The Baldoni/Lively Case Is Still Going And Getting Much, Much Sillier

    Tanner Andrews ( profile ), 24 May, 2025 @ 04:44am

    fairly open and shut

    Mr. Baldoni has also openly spoken about his past of mistreating women and pushing the boundaries of consent.
    Suing someone for calling you a predator is not likely to go well if you have openly spoken about your past of mistreating women and pushing the boundaries of consent. Rather, it falls directly into the old ``truth is a defense'' rule. Public figure status, assuming always that Mr. Baldoni is a public figure, does not really matter here. If you have admitted facts supporting the conclusion that you are a predator, you can be a recluse and still lose the case. Yes, maybe Rule 11 or state law equivalent. But perhaps the local anti-SLAPP statute, or the local offer-of-judgment statute can help as well. Some Federal courts do not apply state anti-SLAPP, offer-of-judgment, or frivolity statutes. Therefore your milage may vary. And it is up to the plaintiff to explain why his quintessentially state-law defamation claim would not be in state court anyway.

  • On the post: Homeland Security Defies Orders, Engages In More Human Trafficking

    Tanner Andrews ( profile ), 24 May, 2025 @ 04:33am

    the neat thing about criminal contempt

    Judge Murphy has already suggested he may pursue criminal contempt charges against government officials for this stunt.
    He is a Federal judge. The contempt would be Federal. Federal crimes, including contempt, can be pardoned. It would not be the first, either. Remember that Trump pardoned (former Maricopa sheriff) Crazy Joe for exactly that. Distinguish civil contempt, where the contemnor holds the key to his own cell, so to speak.

  • On the post: Trump Admin Clarifies: Only WHITE Anti-Semites Will Be Granted Asylum In This Country

    Tanner Andrews ( profile ), 22 May, 2025 @ 12:55am

    it cares

    If this administration actually cared about antisemitism,
    It cares. WHy else would the dear leader host people like Kanye West and Nick Fuentes at his Palm Beach trash palace?

  • On the post: VPNSecure Lifetime Subscriptions: Now You Didn’t License What You Licensed, Either

    Tanner Andrews ( profile ), 21 May, 2025 @ 12:10am

    they are lucky

    Some purchasers of licenses which are abruptly terminated without cause or refund might be inclined to sue them. It is the the buying corporation's good fortune that the VPN-Secure licensees are not so inclined.

  • On the post: Buc-ee’s Gas Station Chain Is Becoming The Monster Energy Of Gas Stations For Trademark Bullying

    Tanner Andrews ( profile ), 20 May, 2025 @ 12:32am

    nothing to see here folks, move on

    kind of stuck at the concept of a drive-through liquor store
    Not that unusual. Actually most of the time it is just a window,. If there is no one in the queue there and you know what you want, it may be convenient. Now, the beer barn is different. You actually drive through the beer barn.

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