April 7th, 2017
Our Loser-in-Chief has lost again, this time in his attempt to torpedo the Consent Decree, settled after the investigation by the Department of Justice into practices of the Baltimore Police Department.
It all started with a complaint, after the Freddie Gray shooting and subsequent unrest in Baltimore, against the Baltimore Police and the City, alleging Constitutional violations, and then an intense investigation of the Baltimore Police Department. Since tRump’s inauguration, and after the settlement was reached, a Motion was filed by “the Government” in essence requesting “an additional opportunity to consider whether it wants the Court to enter the decree at all, or at least the current version of it.” From the Order:
The parties have already agreed to the draft before the Court. It would be extraordinary for the Court to permit one side to unilaterally amend an agreement already jointly reached and signed. Moreover, early in the Court‟s review of the joint motion, but after the new administration was in office in Washington, the Government affirmed its commitment to this draft and urged the Court to sign it. (Tr. of Hrg. 7:10-24, ECF No. 20.) The Defendants, for their part, continue to urge entry of the proposed decree, consistent with the earlier joint submission. (Statement of Acting City Solicitor David Ralph in open Court, Hrg. on April 6, 2017, transcript not yet available.)
As between the parties, this case is settled. All that remains is for the Court to make its determinations under United States v. North Carolina, and it has done so above.1 The case is no longer in a phase where any party is unilaterally entitled to reconsider the terms of the settlement; the parties are bound to each other by their prior agreement. The time for negotiating the agreement is over.
As always, the footnotes are where it’s at, in this case pointing out the paucity of tRump’s arguments:
There’s a distinct trend when tRump’s administration goes to court. L-O-S-E-R! Now, tRump, just stop it, and take all these federal court orders and decisions into account before you stick your foot in it again.