You can live with President Biden

Four years ago, I wrote for friends and family who were despondent at Donald Trump’s election You can live with President Trump. Really.. Today I write for myself and those who share my worry at policies the Democratic Party leaders seem to espouse.  As I write the day after the election there has been no…

No “Courage” Praise Due This Prosecutor

Letter to The Massachusetts Lawyers Weekly:Your Oct. 26 editorial, “Prosecutor deserves praise for courage, professionalism,” is off the mark. It doesn’t take much courage for a lawyer in Massachusetts to write a letter to The Boston Globe trashing Attorney General Barr and President Trump. He is assured of nods of agreement and fawning praise all…

After the Ball is Over: A Plague of Lawyers

Election Day is Tuesday. An astounding percentage of eligible voters have already voted by mail or in person at available sites. As I write, four days before the election, voters nationally have already cast 62.2% of the total votes case in 2016. The early votes in Texas have already surpassed the total vote there in…

Cape Cod Times on Race and Police

Cape Cod Times letter. How can Larry Brown purport to draw lessons about racism from the shooting of Breonna Taylor in his Oct. 2 column without mentioning the important fact that the man with her fired first at police who had announced themselves? When police are fired upon, they usually shoot back, for their own…

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…