Replacing RBG

I have written frequently here of the Kabuki theater of Supreme Court nominations. Each Senate actor has a highly scripted role to play. There are different parts to be played by the Senate actors, depending on whether they in the Majority party in the Senate and whether they are in the nominating President’s party. Following…

The Demonization of William Barr

Expanded from a letter in The Boston Globe, June 20, 2020 The House Democrats unavailing efforts to smear Attorney General William Barr during his recent testimony before the House Judiciary Committee were only the latest in a steady drumbeat of criticism of Barr by the Democrats. I have written previously of Attorney General Barr’s qualities….

Textualist Gorsuch and the Oklahoma Reservation

Wall Street Journal letter   (This letter was in response to a Wall Street Journal editorial “The Tempting of Neil Gorsuch” criticizing Judge Gorsuch for joining the four liberal justices in ruling that much of eastern Oklahoma was still an Indian reservation.  Congress had passed a law creating the reservation and never repealed or replaced it. Chief Justice…

Whose Prosecutorial Discretion Is It, Anyway?

News outlets and social media are aflame with denunciations of Attorney General William Barr’s order to change the prosecutor’s sentencing recommendation to the judge in the case of Roger Stone, a gadfly Trump supporter. The excitement was created by the dramatic “resignations” of four Assistant U.S. Attorneys who had originally submitted a memo recommending a…

“Woke” Law

Boston Globe Letter . In the story about a lawsuit over an assault in a Boston University dormitory, the Globe reports that BU’s lawyers raised the argument of the student’s failure to use the sturdy door lock provided (“Dorm assault tests colleges’ supervision,” Page A1, Jan. 5). According to the article, “in response, Suffolk Superior…

The Inspector General’s Report – A Matter of Intent

  The Inspector General of the Department of Justice, Michael Horowitz, recently released a report unappealingly titled “Review of Four FISA Applications and Other Aspects of the FBI’s Crossfire Hurricane Investigation.” In its bureaucratic prose, larded with acronyms and unnamed actors, it lives up to its dreary title. (Oddly, the Mueller Report, by contrast, whatever…

Mueller stumbles off stage

Democrats are justifiably frustrated that the ballyhooed testimony of Special Counsel Robert Mueller on Wednesday added nothing to his published 448 page Report. Democratic members of both the Judiciary Committee in the morning and the Intelligence Oversight Committee in the afternoon had obviously prepared for the big show, assigning different subjects to various members. They…

It’s Mueller Time 2: Obstruction

Recently in It’s Mueller Time!,” I discussed the Meuller Report’s treatment of the issue of whether President Trump or his campaign criminally conspired with the Russians during the 2016 campaign (“Russian Collusion”). I relied on Attorney General William Barr’s summary of the principal conclusions of the report. Since then the full report with very limited required…

It’s Mueller Time!

Saturday Night Live will continue Alec Baldwin’s ham-handed send up of Donald Trump but it doesn’t look like Robert DeNiro will long reprise his role as a menacing Robert Mueller. The Special Counsel has filed his final report and closed shop on his investigation of Russian interference in the 2016 election and, particularly, of whether…

The Indictment of Roger Stone

On January 24th Roger Stone, a long time political activist and ally and confidante of Donald Trump was indicted at the urging of the Special Counsel Robert Mueller on 1 count of Obstructing a Congressional Investigation by failing to turn over subpoenaed records and lying about their existence, five counts of False Statements to Congress and one…

The President and the Chief Justice: No Big Deal

The hearts of the chattering classes have been all aflutter this week over an exchange between President Trump and Supreme Court Chief Justice John Roberts this week. The President criticized what he described as an “Obama judge” for a ruling against the administration’s attempt to bar migrants who cross the border illegally from seeking asylum….