Clik here to view.
Yet Another Way to Challenge the Legal Sufficiency of the Trump Presidency —...
There has finally started to be some attention to the 25th Amendment mechanism for removal of the President (Larry Tribe on MSNBC, transcript here). The main problem is that while the VP would surely...
View ArticleClik here to view.
A Contrarian View on Libel Law — Dealing with The Situation in Which The...
So the great and the good (and me, this time) get all upset when Trump talks about loosening libel law. It not only fits with his ignorant aggrieved victim persona, but can be very effective at...
View ArticleClik here to view.
ICE Policy Insults Courts by Not Treating Them as “Sensitive Locations.” This...
This from the ICE FAQ page says it all: Are courthouses sensitive locations? Courthouses do not fall under ICE or CBP’s policies concerning enforcement actions at or focused on sensitive locations. In...
View ArticleClik here to view.
Prosecutors Getting Rid of the Independent Commission on Forensic Science is...
I simply offer you this cross examination of every investigator or expert: Q. Thanks for your testimony, I am sure it will help the jury, but just a few things to clear up. When did you get your...
View ArticleClik here to view.
The Trump Endgame Is Going To Be About the Intersection of Political and...
There are several reasons why the received wisdom about the speed of the Trump removal process may be completely wrong. Not surprisingly, most of the reasons relate as much to the political as to the...
View ArticleClik here to view.
A Small Caution for Trump on the Pardon Power With Respect to Federal Contempts
It does appear to be good law that even Federal Court criminal contempts are pardonable by presidents. (I had thought there might be a separation of power claim.) However, the Supreme Curt has...
View ArticleTrump-Olson Retainer and Non-Disclosure Agreement
So, that was quick. The story that Trump might be represented by Ted Olson, was shot down within hours. This blog has obtained a document which might explain why this marriage (a subject on which...
View ArticleThe Corporate Response to Trump
I have been suggesting that the “public trust and confidence” analogy between public commitment to court processes and fairness and public politics process and fairness might be useful. The idea is...
View ArticleJudiciary Committee Democrats Should Call the Republican “Assistant” as an...
We all remember the scene from Inherit the Wind. Spencer Tracey, playing Clarence Darrow, is cut off from calling almost all his experts, so he turns round and calls the prosecuting William Jennings...
View ArticleNixon, Trump and the Nexis Between Evil Policy and Core Crimes
It may be helpful to compare Nixon and Trump for the nexus between their crimes and the policy evil they espoused, and the comparison may have long term implications. (For non-lawyers, “nexus” is a...
View Article
