Jury nullification occurs when a jury returns a verdict of "Not Guilty" despite its belief that the defendant is guilty of the violation charged. The jury in effect nullifies a law that it believes is either immoral or wrongly applied to the defendant whose fate they are charged with deciding. (UMKC.edu)
Nothing can be done about jury nullification because we cannot read the minds of jurors.
What happened in the Seattle District Court and the Ninth Circuit last week was JUDICIAL nullification.
Can anything be done about that? Yes. It’s an impeachable offense. Can we read their minds? Yes. They give the reasons for the decision in their opinion.
Another tribunal—namely the U.S. Senate—can look at the facts of the case in the district court record, look at the pertinent laws, and look at the reasoning of the decision in the opinion. If they find the judges in question did not apply the law to the facts as their oath required and they can find no satisfactory explanation in the opinion, they have a duty to impeach the judges.
I would also suggest one could use the “disparate overturn” doctrine. If you are a judge and your decisions have been overturned too much—say 75% of the time—you’re fired. The Ninth Circuit is a colossal joke in this regard, o more to the point, they regard the Constitution and other laws as jokes that they can ignore ear after year without consequences.
The President has no role in the impeachment process. It has to be initiated by the House and the trial is conducted in the Senate.
Black federal judge Alcee Hastings was convicted in an impeachment trial in the Senate in 1989. He then ran for the House of Representatives in Florida which is “The district, numbered as the 23rd District from 1993 to 2013, includes most of the majority-black precincts in and around Fort Lauderdale and West Palm Beach.” I guess the blacks there engage in voter nullification of the Senate impeachment every two years.
The Constitution should ban those who have been impeached out of a federal office by the U.S. Senate from occupying one again.
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