Law

Panel named for initial executive amnesty appeal

Featured image The Fifth Circuit has announced the panel that will hear the Obama administration’s request to lift Judge Hanen’s preliminary injunction of the president’s Deferred Action for Parents of Americans and Lawful Permanent Residents (“DAPA”). The panel consists of Judges Jerry Smith (Reagan appointee), Jennifer Elrod (George W. Bush appointee), and Stephen Higginson (Obama appointee). This is not a good panel for the government. Elrod is a rising star conservative judge. »

Why “big law” won’t defend the constitutionality of bans on gay marriage

Featured image Not long ago, in the context of the controversy over Indiana’s Religious Freedom Restoration Act, I complained that corporate America won’t stand up to the increasingly totalitarian tactics of the gay rights movement and its leftist supporters. This is not surprising, I added, because “history teaches that corporations are hardly a bulwark against totalitarianism.” What’s true of corporations is true in spades of their handmaidens, big law firms. I worked »

The case of Patrick Fitzgerald

Featured image After the media firestorm over Joseph Wilson and Valerie Plame, then-Deputy Attorney General James Comey appointed Patrick Fitzgerald to serve as independent counsel. Fitzgerald was to ascertain who had identified Plame to Robert Novak as a CIA agent and whether a crime had been committed in the process. The chain of events having been initiated by Wilson’s New York Times op-ed column, the Times itself served as the ringmaster of »

Judge Hanen sticks with it

Featured image Judge Andrew Hanen has filed a memorandum opinion and order denying the Obama administration’s motion to lift his temporary injunction preventing implementation of Obama’s post-election executive amnesty program. The memorandum opinion and order are posted online here. In media reports of Judge Hanen’s order, you won’t see this comment on the administration’s misrepresentations concerning implementation of the amnesty: The Court finds that the Government’s multiple statements on this subject were »

Nine years later, Tom Cotton’s letter to the Times

Featured image We have written a lot over the years about the repeated violations of the Espionage Act by New York Times reporters James Risen and Eric Lichtblau. They gave me a lot to work with in 2006. I wrote a January 2006 column for the Weekly Standard, for example, that the Standard titled “Exposure.” (I reposted it on Power Line last year under the heading “Is the Times a law unto »

Another note on the Menendez indictment

Featured image I took a brief look at the indictment handed up this week against Senator Robert Menendez and Dr. Salomon Melgen in “Notes on the Menendez indictment.” Andy McCarthy brings an educated prosecutorial eye to a reading of the indictment in “Obama’s Justice Department charges Menendez…but not Reid.” There is a dearth of intelligent commentary on the indictment. Andy’s post stands out in this context, but not just for this reason. »

Notes on the Menendez indictment

Featured image The indictment of New Jersey Senator Robert Menendez and his friend Dr. Salomon Melgen has been posted online here. It runs to 68 pages and provides a wealth of detail. Paul comments on the indictment here. If you’re trying to get a handle on the reality behind the headlines, the indictment requires a close look. The facts alleged in the indictment may to a great extent make out what former »

Menendez indicted, but why?

Featured image Sen. Robert Menendez was indicted today (April 1) on federal corruption charges. He is accused of using the influence of his office to advance the business interests of a longtime friend and political supporter in exchange for luxury gifts, lavish vacations, and more than $750,000 in campaign donations. The indictment is here. The indictment comes on the heels of Menendez’s strong opposition to President Obama’s Iran policy. It also comes »

Did the Virginia State Bar tell its members the truth?

Featured image I wrote here and here about the Virginia State Bar’s decision to cancel a seminar it had scheduled in Jerusalem. The cancellation occurred after a small number of anti-Israeli petitioners objected. VSB president Kevin Martingayle tried to defend the decision in two letters to members. I reprinted the first letter, which announced the cancellation, in my first post and the second letter in my follow-up piece. The second letter, co-written »

The Virginia bar continues to disgrace itself [Updated]

Featured image As we reported here, the Virginia State Bar (VSB) cancelled its midyear legal seminar trip to Israel. In response to stinging criticism of this decision, including from the Speaker of the Virginia House of Delegates, VSB president Kevin Martingayle sent this letter trying to justify his decision: Dear Fellow Members of the Virginia State Bar, On Friday March 27th, we canceled the Virginia State Bar’s planned Midyear Legal Seminar trip »

The Hillary “spoliation”

Featured image The latest news about Hillary Clinton’s email destruction may take her emails saga to another level. As John and Scott have discussed, Clinton apparently had her server wiped clean of emails after a congressional committee had been established to investigate matters as to which she knew her emails were relevant Even more importantly, Trey Gowdy says that Clinton made this decision after October 28, 2014, when the Department of State »

The Virginia bar disgraces itself [UPDATED]

Featured image The Virginia State Bar has sent the following letter to its members: March 27, 2015 Dear Fellow Members of the Virginia State Bar, Certain members of the Virginia State Bar and other individuals have expressed objections to the VSB’s plan to take the Midyear Legal Seminar trip in November to Jerusalem. It was stated that there are some unacceptable discriminatory policies and practices pertaining to border security that affect travelers »

Fifth Circuit schedules hearing in executive amnesty case

Featured image The United States Court of Appeals for the Fifth Circuit has issued an order that sets oral argument in Texas v. United States for April 17. This is the case in which Texas and other states challenge President Obama’s executive amnesty. In district court proceedings, Judge Hanen temporarily enjoined the government from enforcing Obama’s program to grant lawful status to millions of illegal immigrants. The government has moved for a »

Federal judge asks, “Can I trust what the president says?” DOJ lawyer gives wrong answer

Featured image Judge Andrew Hanen, the federal judge who blocked President immigration executive action, suggested yesterday that he might order sanctions against the Justice Department if he rules that it misled him about when the administration began implementing one of its immigration measures. Judge Hanen is concerned that the Justice Department misled him into believing that a key part of Obama’s amnesty program would not be implemented before he made a ruling »

Subpoena Hillary’s server

Featured image Trey Gowdy, chairman of the special House Committee that’s investigating Benghazi, said today that his committee lacks the power to subpoena Hillary Clinton’s email server because it is personal property. At the same time, Gowdy called on Clinton to turn over the server voluntarily. Clinton “doesn’t get to determine what’s a public record and what’s a personal record,” said Gowdy. Actually, in the absence of a subpoena, Clinton gets to »

King v. Burwell, the day after

Featured image The consensus following oral argument in King v. Burwell is that the votes of two Justices are in play. Based on the questioning, it seems clear that the four-judge liberal bloc will vote to affirm the decision that Obamacare subsidies may be granted to those using the federal exchange. Justices Scalia and Alito appear set to vote to reverse that decision. Justice Thomas did not ask questions — his usual »

Triumph of the leftist will

Featured image The Supreme Court held oral argument in King v Burwell yesterday. The Supreme Court has posted the transcript of the oral argument here. At issue in King is the legality of the IRS’s provision of tax credits in Obamacare exchanges established by the federal government. As Professor Jonathan Adler writes in USA Today, the case “presents a straightforward case of statutory interpretation.” As such, it’s not a hard case; it’s »