“U.S. District Court Judge Ellen Huvelleruled the presidential order is not within the bounds of executive privilege and called the government’s arguments in favor of secrecy ‘troubling.’
“The government appears to adopt the cavalier attitude that the President should be permitted to convey orders throughout the Executive Branch without public oversight … to engage in what is in effect governance by ‘secret law,’” Huvelle said.
Huvelle, a Clinton appointee, issued the ruling in response to a Freedom of Information Act lawsuit brought by the Center For Effective Government.”
Motivation comes into play when someone who is loyal to Hillary Clinton, due to his appointment is instrumental in a Court Ruling that crucifies the past 4 presidents or so. Her reputation after taking the fall for Benghazi is typical of one who is well known but not necessarily appreciated. I would not be surprised if all of this life changing law-making was started out of pettiness.
The ruling in and of itself is also flawed. Written this way, all executive privilege is gone, and the president basically can do nothing without the approval of nearly 500 very bitchy politicians. When there are people being burned to death in ovens in the middle east [Syria, a few weeks ago], and that’s the merciful way they die, then you don’t have time to put up with bullshit.
More to the point, if the whole of the executive orders are thrown out by the Justice System in America, then that means we have to instantly pull out the entire military out of every country we are in. No exceptions. Why? Because now they are all guilty of treason against the United States of America. According to the Constitution, the Legislature is who is required to declare war, and they are too busy politicking to pull of a majority vote half of the time. Not one legal party on this issue even considered the consequences of the actions of making this happen.
Not only was Obama doing what was Constitutional on a fundamental level [as the Commander-in-Chief], but Bush was doing what was practical in many instances when he used this technique to dictate the war in Iraq. Individual situations may come into question, but not the process as a whole. The real reason this becomes a problem is when you throw out the executive order, you throw out the orders that have already been followed. So nearly every person in the government is in deep shit.