Re:Appeals Court Rules White House Overstepped First Amendme...
by Zetice on Saturday September 09, 2023 @11:09AM
(#37446272)
It is factually incorrect to claim a request from someone with power is bound by law.
You can absolutely do those things as a matter of law. You can’t do those things as a matter of policy, however. You were trained on policy, written out of an abundance of respect for the law, training it’s clear needs to be more common, but the law itself is less clear.
Re:Appeals Court Rules White House Overstepped First Amendme...
by prepend on Saturday September 09, 2023 @05:02PM
(#37450249)
What I mean is that the person making the request is bound by law to not make those requests.
The government needs to follow the laws that bind it. And making an illegal request is just that.
I didn’t mean that you are legally required to follow the request.
Re:Appeals Court Rules White House Overstepped First Amendme...
by Zetice on Saturday September 09, 2023 @08:26PM
(#37451704)
They are not bound by law not to make those requests, they are bound by policy.
A request from someone with power is bound by law.
I went through a ton of government contract law training. I can’t request that my contractor wash my car. I can’t “just ask” that they work unpaid labor. Etc etc.
It’s one thing if a rando or equal power requests. But a person in authority can’t do that.
Imagine all those jerk bosses saying “I just asked my secretary to perform fellatio on me. I didn’t require it. And I never even threatened to fire them.” That defense doesn’t work just like the courts found that the government requesting isn’t allowed.