Law

Judge acquits officer in Freddy Gray case

Featured image Judge Barry Williams today acquitted Officer Edward Nero on all counts brought against him for his treatment of Freddy Gray, who died in police custody. Nero was acquitted of second-degree assault, reckless endangerment, and two counts of misconduct in office. The prosecution argued that Nero assaulted Gray by detaining Gray without justification. The reckless endangerment charge was based on his role in putting Gray into an arrest wagon without buckling »

The Year in Law, from The Green Bag

I’m still chortling over the heartburn created on the left by George Mason University’s coup of naming its law school after Antonin Scalia, especially since I am certain that Virginia’s squalid partisan governor and raging Clintonite Terry McAwful wanted to prevent it, but couldn’t. The Scalia Law School at George Mason University also happens to publish the most interesting and worthwhile law review in the nation—the Green Bag. I made »

El Nino Comes to George Mason

Featured image News out just this afternoon that George Mason University’s fine law school will be renamed the Antonin Scalia School of Law at George Mason University. I know that the law school’s dynamic dean, Henry Butler, has been working on this idea for a while, and secured $30 million in new contributions to the school (which will go mostly to student scholarships).* So congrats to Henry and GMU. And expect lefty »

Second federal judge orders discovery regarding Clinton emails

Featured image Judge Royce Lamberth of the U.S. district court in Washington D.C. today became the second federal judge to order discovery regarding Clinton emails. Both cases were brought by the invaluable Judicial Watch. As we have discussed, Judge Emmet Sullivan, a Clinton appointee, has already granted Judicial Watch discovery on the Clinton email matter in separate litigation. Judicial Watch’s discovery plan in that case seeks the testimony of eight current and »

Judge Davis says no

Featured image In “Judging the ‘Minnesota men,'” I wrote about Judge Michael Davis’s experimental sentencing program in the Minnesota ISIS wannabe cases. Based on Andy McCarthy’s comments on the program (quoted in the article), I’m skeptical of it. Yet I like and respect Judge Davis. He has capably handled the Somali terrorism cases for several years now. I think it’s fair to say that he doesn’t suffer fools gladly. (The thumbnail photograph »

A bad day for the DOJ in court; a good one for electoral integrity

Featured image Last evening, District of Columbia federal district court Judge Richard Leon issued an order denying the request by the various left-wing organizations to issue a temporary restraining order (TRO) barring the U.S. Election Assistance Commission (EAC) from instructing residents of Alabama, Georgia, and Kansas that they must comply with state laws requiring proof-of-citizenship when they register to vote. Judge Leon issued this ruling even though the Justice Department, representing the »

A bad day for Hillary Clinton in federal court

Featured image A federal district court judge today granted a motion by Judicial Watch for discovery into whether the State Department and former Secretary of State Hillary Clinton deliberately thwarted the Freedom of Information Act (FOIA). Judge Emmet Sullivan, a Bill Clinton appointee, issued the ruling in a FOIA case seeking records about the controversial employment status of Huma Abedin, former Deputy Chief of Staff to Clinton. In granting the motion, Judge »

Judge unimpressed by Obama DOJ’s dive on non-citizen voting

Featured image Earlier today, I wrote about the scheduled hearing in a case brought by several left-wing organizations to block three states from taking measures to make sure non-citizens can’t vote in the upcoming elections. The states received permission from the U.S. Election Assistance Commission (EAC) to proceed. The leftist outfits seek to enjoin the EAC’s order. The Justice Department is, in effect, the lawyer for the EAC. However, it has chosen »

The Obama administration takes a dive to make sure non-citizens can vote

Featured image Several left-wing organizations are fighting against efforts by states to make sure non-citizens can’t vote in the upcoming presidential elections. The leftists came up short when the federal election agency charged with resolving such matters ruled against them. But the leftist groups challenged this ruling in federal court, and the Obama-Loretta Lynch Justice Department has decided to take a dive. It is not opposing the lawsuit to enjoin the election »

Breakfast with Justice Scalia

Featured image Justice Scalia’s death in Texas yesterday represents a tragic loss for the Supreme Court and for our country. His nearly 30-year tenure on the Court is most notable for his adherence to, and elaboration of, the original meaning of the Constitution and amendments as publicly understood at the time of ratification. The brilliant style in which he explained himself in his opinions magnified his impact. He made an enormous contribution »

Supreme Court to hear executive amnesty case

Featured image The Supreme Court decided today to review a decision adverse to the government in the legal challenge to President Obama’s overhaul of the nation’s immigration rules. At issue is a program that would allow as many as five million illegal immigrants who are the parents of citizens or of lawful permanent residents to apply for a program under which they would receive work permits and avoid the possibility of deportation. »

How the jury voted in the first Freddy Gray case

Featured image Ever since the trial of Officer William Porter in connection with Freddy Gray’s death ended with a hung jury, I’ve been dying to know how the jury voted. Now, the the Baltimore Sun, tells us: The jury in the trial of Baltimore Police Officer William G. Porter was one vote from acquitting him of involuntary manslaughter in the death of Freddie Gray, the most serious charge he faced, according to »

What’s up with the Senate Judiciary Committee? Part Two

Featured image Today, the Senate easily confirmed the nomination of Luis Felipe Restrepo to the U.S. Court of Appeals for the Third Circuit. Restrepo spent years as a public defender and in private practice as a criminal defense and “civil rights” attorney. An obvious left-winger, he naturally had the enthusiastic support of groups of that persuasion. Before the vote on Restrepo, Sen. Charles Grassley, the Chairman of the Senate Judiciary Committee, made »

Appeals court stays key order in Freddy Gray cases

Featured image I wrote here about Judge Barry Williams’ order that Officer William Porter, who is awaiting retrial, will have to testify against colleagues who also are charged in the Freddy Gray cases. Porter argued that the Fifth Amendment gives him the right not to testify, inasmuch as he is still in legal jeopardy and his testimony might tend to incriminate him, but the judge rejected this contention. As I noted, Porter’s »

A rough ride for justice in Baltimore?

Featured image The Baltimore prosecutors bringing criminal charges against the officers involved in the death of Freddy Gray won an important victory today. The trial judge ruled that Officer William G. Porter, who is awaiting retrial, will have to testify against colleagues who also are charged in the Gray matter. Porter had argued that the Fifth Amendment gives him the right not to testify, inasmuch as he is still in legal jeopardy »

A personal look back

Featured image This past December brought to mind some of the happiest parts of my life. John Hinderaker’s retirement party accounted for a good share. Working with John turned into a friendship that has changed my life for the better. The party took me back to our professional relationship. We started writing columns and articles together on the side of our law practice at the end of 1991. In his usual style, »

A new old regime revisited

Featured image I reviewed Philip Hamburger’s book Is Administrative Law Unlawful? for National Review last year in “A new old regime” and wrote about it a lot on Power Line, including an interview with Professor Hamburger that is posted here. The book bowled me over. I think it is the most important book I have read in a long time. Not the most pleasurable, but the most important. I have been interested »