Law

Why did the DOJ back Cheryl Mills’ specious privilege claims?

Featured image Shannen Coffin sees Cheryl’s Mill’s participation in Hillary Clinton’s FBI interview as “Exhibit A for those who wonder whether [the] interview was all for show.” Count me among those wondering, all the more so after reading Coffin’s piece. Writing in the Weekly Standard, Coffin explains: Mills was hip-deep in the events at the heart of the FBI’s criminal investigation and was herself a material witness who had previously sat for »

Judicial Watch submits questions for Hillary to answer under oath [Updated]

Featured image Earlier this month, U.S. District Court Judge Emmet Sullivan granted Judicial Watch additional discovery on the Hillary Clinton email matter. As a result, Clinton was ordered to answer written questions from Judicial Watch “by no later than thirty days” after their submission. Under federal court rules, Judicial Watch is limited to twenty-five questions. Today, Judicial Watch announced that it has submitted the questions to Clinton. You can read the questions »

Islamist preacher convicted in Britain

Featured image Anjem Choudary, the British hate-spewing Islamic preacher, has been found guilty of supporting Islamic State. He faces up to ten years of prison time. Choudary will be familiar to some of our readers. He used to appear on Fox News talk shows to defend the actions of terrorists. Often with a smile. Or was it a smirk? Choudary was convicted at the Old Bailey. Jurors heard testimony that he swore »

When a lawyer is past his sell-by date

Featured image Here are some signs that a lawyer is past his sell-by date (I speak from personal experience.) You begin to regard calls from clients as intrusions. You become irritated too easily during depositions. Reading judicial opinions used to be fun but now you sometimes find yourself asking ‘what do I care what this hack thinks?’. And here’s one I hadn’t thought of: you tweet to help think through a legal »

Larry Tribe violates professional responsibility in attempt to harm Trump

Featured image Yesterday, Larry Tribe tweeted: “I have notes of when Trump phoned me for legal advice in 1996. I’m now figuring out whether our talk was privileged.” There is nothing to figure out. Except in extraordinary situations, a lawyer cannot reveal “information relating to the representation of a client” unless the client gives informed consent or the disclosure is impliedly authorized in order to carry out the representation. A lawyer’s dislike »

Kane can’t

Featured image We tuned in to the saga of Pennsylvania Attorney General Kathleen Kane (a Democrat) in three 2014 posts: “Culture of corruption,” followed by “Culture of corruption update” and “Philadelphia four run for reelection.” We followed up last year in “Kane cant.” Kane appeared to me to be guilty of questionable professional conduct that she defended through the deployment of race and sex cards. Having killed an investigation of black Philadelphia »

The ABA sets forth a de facto speech code for lawyers

Featured image The American Bar Association has long been a leftist outfit. So it’s not surprising to see its leftism manifested in a new provision in the ABA Model Rules of Professional Conduct — rules that, as Eugene Volokh says, have been adopted by many states as binding on lawyers practicing there. Here is the new provision: It is professional misconduct for a lawyer to . . . engage in conduct that »

Clock Boy’s family brings dubious lawsuit

Featured image The family of “Clock Boy,” Ahmed Mohamed, has filed a lawsuit against his former Texas school district, the principal of the high school he used to attend, and the city of Irving, Texas. Readers will recall that young Mohamed was arrested for a short period of time after he brought a suspicious-looking homemade clock to class. School officials worried that it might be a bomb. No charges were brought against »

Why she should have faced the music

Featured image You know why Hillary Clinton should have been prosecuted. FBI Director James Comey laid out the factual predicate in his press conference announcing his findings and his recommendation against prosecution. Forrmer Attorney General Michael Mukasey concisely explains the legal basis for concluding that Comey erred in the brief interview below with AEI’s Marc Thiessen. Watching the video may set you back if you have anger management issues, but it is »

Supreme Court overturns Robert McDonnell’s conviction

Featured image In its final decision of the term, the Supreme Court today unanimously overturned the public corruption conviction of former Virginia governor Robert McDonnell. The court stated that it has no opinion as to whether McDonnell should be retried under the stricter standard (described below) it imposed for these kinds of cases. I have mixed feelings about the outcome, but I agree with the decision. You don’t have to be the »

Officer Goodson acquitted on all counts

Featured image Caesar Goodson, Jr., the Baltimore police officer who allegedly gave Freddie Gray a “rough ride” that killed him, was acquitted today of all charges by Circuit Judge Barry Williams. The decision probably means that all of the officers being prosecuted in the Gray matter will be found not guilty (assuming charges aren’t dropped). Judge Williams had already acquitted Edward Nero. Taken together, the judge’s rulings seem to imply that, in »

Divided Supreme Court upholds blockage of Obama’s executive amnesty

Featured image By a 4-4 vote, the Supreme Court today let stand a lower court decision blocking President Obama’s executive action that would have made roughly five million illegal immigrants eligible for legal status and work permits. This result kills Obama’s executive amnesty, though because of the split vote, it might successfully be revived in the future. The Court rendered its decision succinctly. It just said: “The judgment is affirmed by an »

The defense rests in Caesar Goodson’s case

Featured image Testimony has concluded in the case of Caesar Goodson, Jr., the police officer who drove the van that held Freddie Gray. The defense rested on Friday without putting Goodson on the stand. Closing arguments will take place on Monday, with a verdict from the judge (Goodson waived his right to a jury trial) expected later in the week. Goodson faces the most serious charges of any defendant in this matter, »

Where was Harold Koh, Part Two

Featured image Harold Koh is a left-wing professor at Yale law school where he once was the Dean. Koh served as Legal Adviser at the State Department during Hillary Clinton’s time as Secretary of State. We criticized the selection of Koh for this key post here and here. Last month, Koh popped up (though not by name) in the Inspector General’s Report dealing with Hillary Clinton’s use of a private email server. »

Dear AG Healey (Rated R for language)

Featured image I can’t say that this is how all overreaching government authorities should be answered, but it does set an inspirational example. At the Daily Caller Michael Bastach explains: Alex Epstein had a terse response to a subpoena sent by Massachusetts Attorney General Maura Healey Wednesday. Healey demanded the oil giant ExxonMobil hand over 40 years of documents, including information pertaining to the company’s dealings with about a dozen think tanks »

Court Case of the Week

Featured image Normally the DC Circuit Court of Appeals hears important cases involving the reach and scope of the powers of the administrative state, and last week’s decision in Wallaesa v. FAA is no exception, except that the facts of the case are laughable while reminding us how much we love flying: On November 6, 2009, Wallaesa, a passenger on Southwest Airlines flight 3049 from Baltimore to Las Vegas, struck up a »

Our under-incarceration problem, Orlando edition

Featured image Time and time again, in the aftermath of a horrific crime, we learn that the criminal previously had been incarcerated for crimes serious enough that he should have been in prison at the time of the latest offense. I call this our under-incarceration problem. In the case of Omar Mateen, killer of four dozen at an Orlando club, I haven’t seen anything that shows he should have been in jail. »