Hour 1
Administrative law in action.
Biden’s Vaccine Mandate Hits Legal Wall (BUT . . .)
During the second hour of last weeks program, I explained the nuances of mandates and executive orders. Two days later, this timely 12-minute video came out. It does a good job of explaining the mechanisms of administrative law.
https://jbs.org/video/weekly/bidens-vaccine-mandate-hits-legal-wall/
All in the same week, the much dreaded and unconstitutional federal vaccine mandate was released, challenged in court, and stayed by a federal judge. Unfortunately, this does not mean the fight is over.
Bill Hahn, JBS, 2021-11-09
Foreclosure news
The ‘fake landlord’ scam destroys lives in Detroit. But culprits rarely face consequences.
As many as 1 in 10 tenants facing eviction in Detroit say they’ve been duped by con artists who’ve sold or rented out houses they didn’t own.
“We’ve all become resigned to the fact that this happens all the time,” McCarty said.
2021 NBC UNIVERSAL 2021-11-10
“We kind of say to clients, ‘Look, you got screwed. Let’s move on. We can help place you in housing, help you negotiate something with the current owner, but there’s no way you’re getting that money back.’”
When police do get involved, it’s usually because they’ve gotten a call from a homeowner complaining about squatters in their house, but that often doesn’t end well for the tenants, . . .
https://www.nbcnews.com/news/us-news/fake-landlord-home-rental-scam-detroit-rcna4941
administrative Summons, Administrative subpoenas, and Civil Investigative Demands. it’s all administrative, but non-administrative courts can be involved.
https://law.justia.com/cases/federal/appellate-courts/ca9/20-56399/20-56399-2021-11-01.html
Court Description: Administrative SUBPOENA. The panel affirmed the district court’s order enforcing an administrative SUMMONS issued by the U.S. Customs and Border Protection division of the Department of Homeland Security. Appellant Ben Tan operates businesses that import agricultural merchandise, . . . (emphasis added).
United States v. Tan, No. 20-56399 (9th Cir. 2021)
When speaking of Agencies – Think Administrative Law
https://www.cbp.gov/about/history
On March 1, 2003, U.S. Customs and Border Protection became the nation’s first comprehensive border security AGENCY with a focus on maintaining the integrity of the nation’s boundaries and ports of entry. (emphasis added).
U.S. Customs and Border Protection
We can see the U.S. Customs Service, traces its original functions to July 31, 1789, as the ancestor of numerous federal bureaus and agencies.
Seven Critical Steps to Follow if You Receive a Civil Investigative Demand
A civil investigative demand is a form of administrative subpoena. This has two very important implications. FIRST, as administrative tools, civil investigative demands are not subject to court approval. This means that federal agencies that have been endowed with the authority to issue CIDs can do so at their discretion. These agencies can issue CIDs at any time—with or without initiating formal legal proceedings.
SECOND, as a form of subpoena, CIDs are eligible for judicial enforcement. Thus, while agencies do not need to seek a federal judge’s approval prior to issuing a CID, they can ask for a federal judge’s help in enforcing a CID in the event of non-compliance. In fact, non-compliance with a CID can lead to a finding of contempt, and this can potentially lead to a federal criminal charge under 18 U.S.C. Section 402.
Oberheiden P.C. © 2021 National Law Review, Volume XI, Number 84
Hour 2
We complete the first hour, then turn to legal strategies and fact patterns. Using eviction and foreclosure as a backdrop. Bill explains a power play for the homeowner facing foreclosure. This is the meat.