The Deep State Imperiled by 5th Circuit Court of Appeals – IOTW Report

The Deep State Imperiled by 5th Circuit Court of Appeals

The Hill

The 5th Circuit Court of Appeals on Wednesday ruled the Securities and Exchange Commission (SEC) is denying defendants their constitutional right to a jury trial by putting them in front of its own internal judges.

In a 2-1 ruling, the court ruled for George Jarkesy and Patriot28 LLC, who sued the SEC in 2011 after the agency imposed a $300,000 fine and other punishments in a securities fraud case.

Judge Jennifer Walker Elrod wrote in the majority opinion that the SEC violated the Seventh Amendment’s right to a jury trial by bringing defendants before in-house judges and allowing the agency to “act as both prosecutor and judge.”

Congress also unconstitutionally delegated power to the SEC to act as a legislative body, Elrod wrote. [bold added] More

8 Comments on The Deep State Imperiled by 5th Circuit Court of Appeals

  1. Those who could question or stop the Jan 6th commission are sitting silent and failing America.

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  2. Yes. Much like the House Un-Amercian Activities Committee being called in itself Un-American, the House Select Committee on January 6th Attack [sic] is Un-American. As was the Ministry of Truth (RIP).

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  3. I can’t see the SEC accepting this emasculation (as they would perceive it) by the 5th Circuit. They will immediately file an appeal with SCOTUS. What will happen there is anybody’s guess.

    That aside, I’m positively THRILLED that one of the Circuit Courts ruled this way. At the very least, it’s a very welcome warning shot across the bow of the SS Deep State.

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  4. Needs to happen to the Jan6 commission clown farts, but it won’t! We could just hang em all for treason on the capital steps though!

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