RUTHFULLY YOURS

WASHINGTON – Malik Shabazz, former chairman of the New Black Panther Party and president of Black Lawyers for Justice, called on President Trump to provide reparations for slavery or designate territory solely for African-Americans.

“We must have reparations, full compensation for the theft of our land, the theft of our bodies, the theft of our people from Africa, the theft of our dignity; the desecration of our souls decade after decade after decade after decade. As I said, we don’t want your food stamps. We don’t want no government handout. We don’t want to be trying to fix up some paperwork so I can get Social Security. We want our own. Donald Trump, you don’t want us? You don’t want to be around us? Hot dammit, I don’t want to be around you,” Shabazz said during a “Save Our Sons: Stop the Killing” and “Condemn Donald Trump” National Black Men’s Convention march and rally outside of the White House on Saturday organized by the National Black Men’s Movement.

“We want land. We want our own. You don’t like us, Mr. Trump? Break us off some of this territory. You don’t like us, Mr. Trump? You don’t want to be around us? Then hand over the state of Florida,” he added. “You don’t want to be around us – make a trade. Give me Georgia. Give me Alabama. Give me South Carolina.”

President Trump promised to nominate judges in the mold of Antonin Scalia, and that thought was no doubt foremost in his mind when he chose Neil Gorsuch to fill Scalia’s vacant seat. On Monday Justice Gorsuch and his colleagues will consider whether the hiring of adjudicators deciding cases within federal agencies will also be subject to the kind of accountability that making an appointment entails.

So-called administrative law judges are not “principal officers,” so they are not subject to Senate confirmation under the Constitution’s Appointments Clause. The question in Lucia v. Securities and Exchange Commission is whether they are “inferior officers.” In that case, the clause requires them to be appointed by principal officers, such as commissioners acting collectively or a cabinet secretary, themselves appointed by the president. The alternative is that they are mere employees, who can be hired by lower-level managers with no presidential responsibility.

The dividing line, the Supreme Court has explained, is whether the position entails the exercise of “significant authority.” There shouldn’t be much doubt on which side of that line the SEC’s judges fall.

In this case, the commission’s Enforcement Division decided to bring fraud charges against investment adviser Raymond Lucia in its own administrative court instead of a judicial court. The SEC alleged that Mr. Lucia misled participants in his “Buckets of Money” seminars when he used slides showing hypothetical returns based in part, rather than in whole, on historical data (as the slides themselves disclosed). The SEC assigned the case to an administrative law judge, Cameron Elliot. According to the record, Mr. Elliot sided with the SEC’s Enforcement Division in every one of his first 50 cases.CONTINUE AT SITE