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Kim Davis Thrown In Jail

Koldo

Outstanding Member
If the judge has the power to jail her, he should also have the power to simply remove her out of her job temporarily.
 

columbus

yawn <ignore> yawn
If the judge has the power to jail her, he should also have the power to simply remove her out of her job temporarily.

No way.
What you are advocating here is giving the judge power to overturn an election result if he doesn't like the voters choice.
Tom
 

MysticSang'ha

Big Squishy Hugger
Premium Member
I still think you are overemphasizing an otherwise valid point. The USA does overuse jail time. But this case is unique and jail is both the only option and it is voluntary on Davis part.
Removing her from office would require the governor to take a politically damaging position. Fines would be happily paid by other people. The judge gave her three options. Do the job, let someone else do the job, or go to jail. She picked jail.
She is pretty much picking everything, it is the rest of us stuck with her choices.
Tom

Good point.
 

Koldo

Outstanding Member
No way.
What you are advocating here is giving the judge power to overturn an election result if he doesn't like the voters choice.
Tom

No. He would only be able to do what I have said under the same circumstances where he is allowed to send people to jail.
 

Skwim

Veteran Member
A September 4 update.

"Joe Davis

8727858_G.jpg

appeared outside the Rowan County Courthouse, calling U.S. District Judge David Bunning a bully for jailing his wife Thursday for contempt of court.

“She won’t resign I promise you,” he said. “Until something gives, she’ll be there.” [:thumbsup:]

Joe Davis said he went out to eat with the five deputy clerks who agreed in court Thursday to issue marriage licenses to same-sex couples. He said he anticipates that they will keep their word and has no hard feelings against them despite his wife’s adamant refusal to authorize the forms.

Issuing licenses could pave the way for Kim Davis’ release from federal custody, though the judge seems cautious about letting her out too soon. If deputy clerks continue to refuse, the judge is expected to call them back to court.

Joe Davis said he doesn’t respect or fear Bunning, and he laid blame with Kentucky Gov. Steve Beshear, who has declined to call a special session to rewrite state law on marriage certificates.

“You ain’t no governor because you have no backbone,” he said.

Davis said he spoke with his wife last night on the phone and the family plans to continue fighting. He said he plans to go to Frankfort next week to confront Beshear."
source

_______________________________________________

"Joe Davis also says he's a registered Democrat, but he will never vote Democrat again.

He says Gov. Mike Huckabee personally called Kim on her cell phone to support her, and says Huckabee will be coming to Kentucky on Tuesday.

Joe Davis says Kim has no plans to resign, and their son, Nathan Davis, a Rowan County deputy clerk, will not issue any marriage licenses, but will not stand in the way of others.

"Bunning cannot bully me, my wife or my son," Davis said. "I taught my son how to stand up for what's right and what he believes in at any cost. Bunning doesn't know how to pick on somebody that can handle him. The only thing he knows how to do is to pick up on the weak people.

"So therefore, I'm not weak, I'm strong. I would defy him -- I'd defy our government. We have no government in the United States anymore, none whatsoever."

Davis says If necessary,he and his son, Nathan, are prepared to go jail. He says the family has received death threats.
source
Quite a pair, these two. One, a screwed up Christian, and the other a redneck hillbilly.*


*
 
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columbus

yawn <ignore> yawn
No. He would only be able to do what I have said under the same circumstances where he is allowed to send people to jail.

Would you be more specific? What you said sounds like giving judges the power to overrule elections.
He has the power to hold people in contempt of court. But not to overturn election results, you need the governor to initiate that.
Tom
 

Koldo

Outstanding Member
Would you be more specific? What you said sounds like giving judges the power to overrule elections.
He has the power to hold people in contempt of court. But not to overturn election results, you need the governor to initiate that.
Tom

Under circumstances where people would be jailed for contempt of court, the judge would have the option to merely remove the individuals out of their duties temporarily.
 

columbus

yawn <ignore> yawn
Under circumstances where people would be jailed for contempt of court, the judge would have the option to merely remove the individuals out of their duties temporarily.

That is not how it works in a democratic republic. She was elected by the voters in Rowan County and it is a big effing deal to overturn the election.

Tom
 

Koldo

Outstanding Member
That is not how it works in a democratic republic. She was elected by the voters in Rowan County and it is a big effing deal to overturn the election.

Tom

It is not an overturn. If that is an overturn, then sending her to jail is an overturn.
 

Iti oj

Global warming is real and we need to act
Premium Member
Then what I propose is not an overturn at all either.
how is it not ? striping an elected official of office is the definition of an overturn and the judge does not have the power to do what you suggest nor should they .
 

Koldo

Outstanding Member
how is it not ? striping an elected official of office is the definition of an overturn and the judge does not have the power to do what you suggest nor should they .

And yet he has the power to prevent an elected official to perform her role by sending her to jail. My suggestion merely removes the middleman.
 

Iti oj

Global warming is real and we need to act
Premium Member
And yet he has the power to prevent an elected official to perform her role by sending her to jail. My suggestion merely removes the middleman.
you simply cannot, it does not work that way and cannot because democracy . an unelected official can not and should not have that power . and she went to jail because she flouted a court order which is a crime
 

Koldo

Outstanding Member
you simply cannot, it does not work that way and cannot because democracy . an unelected official can not and should not have that power . and she went to jail because she flouted a court order which is a crime

I must disagree. If a judge has the power to ( temporarily ) jail someone thus effectively stripping this person out of her role, then it only make senses he should be able to do that without sending such person to jail.
 

Iti oj

Global warming is real and we need to act
Premium Member
I must disagree. If a judge has the power to ( temporarily ) jail someone thus effectively stripping this person out of her role, then it only make senses he should be able to do that without sending such person to jail.
no that would be undoing an election nothing gives him that power.
 

Koldo

Outstanding Member
no that would be undoing an election nothing gives him that power.

I disagree. I don't think that would be the same as undoing an election. In the same way that sending someone to jail under the same circumstance is not the same as undoing an election.
 

Iti oj

Global warming is real and we need to act
Premium Member
I disagree. I don't think that would be the same as undoing an election. In the same way that sending someone to jail under the same circumstance is not the same as undoing an election.
one is temporary one is not . one has legal and constitutional justification one does not. as far as American politics goes your wrong .
 

Revoltingest

Pragmatic Libertarian
Premium Member
And yet he has the power to prevent an elected official to perform her role by sending her to jail. My suggestion merely removes the middleman.
Elected officials are not immune to the law & sanctions.
They can be sent to jail for any number of things, eg, violating this court order, conviction for a felony (eg, Blagojevich).
While this has the effect of preventing them from performing their duties, it is not to over-turn an election.
They may return to their job as soon as jail time ends.
 
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