Another defeat for Obama’s executive amnesty

Featured image The United States Court of Appeals for the Fifth Circuit today ruled that President Obama cannot move forward with his plans to overhaul immigration rules by providing up to five million people with work permits and protection from deportation (not that the government is actually going to deport any of these people). This represents the latest blow to Obama’s unlawful effort, in effect, to charge immigration law without the consent »

Found: a signed copy of Clinton’s agreement on handling sensitive compartmented info

Featured image The Washington Free Beacon reports that a day after becoming Secretary of State, Hillary Clinton signed a Sensitive Compartmented Information Nondisclosure Agreement that set forth the criminal penalties for “any unauthorized disclosure” of classified information. It had been assumed that she signed this document, but now it has been confirmed that she did. By signing the statement, Clinton affirmed, among other things: “I have been advised that the unauthorized disclosure, »

Did O’Reilly “slander” Reagan?

Featured image The law of defamation protects the profound interest each of us has in our reputation. It has long roots in the common law of England. The English attitude to reputation can be seen in Cassio’s lament to Iago in Othello: “Reputation, reputation, reputation! O, I have lost my reputation! I have lost the immortal part of myself, and what remains is bestial.” The foul Iago seeks to persuade Cassio that »

Obama “bans the box”

Featured image President Obama, with the help of some seriously misguided Republicans, is devoting the last segment of his presidency to helping one of his favorite interest groups — criminals. Not content with letting thousands of them out of jail early, the president is now attempting to improve their chances of obtaining federal employment by banning federal agencies from asking applicants about their criminal histories on job application forms. This policy goes »

American Sniper on trial: The appeal

Featured image I wrote about Jesse Ventura’s defamation/unjust enrichment lawsuit against the estate of Chris Kyle last year in “American Sniper on trial” and in “American Sniper on trial: The verdict.” The case arises from a couple of pages about Kyle’s close encounter with Ventura at a bar in southern California. Ventura alleged that the story Kyle recounted was false and defamatory and that the success of the book was attributable in »

Mike Lee’s bogus conservative case for criminal justice reform

Featured image Senator Mike Lee takes to the pages of the Washington Examiner to make what he calls the conservative case for criminal justice reform. The criminal justice reform Sen. Lee has in mind is the softer sentencing and release of many criminals called for by the Sentencing Reform and Corrections Act of 2015 (SRCA), of which he is a sponsor. Lee’s case for such reform turns out not to be conservative »

Bipartisan sentencing reform proposal would free gun-carrying felons

Featured image As John noted, President Obama barely waited for the blood to dry in Oregon before seizing on the mass shooting at a community college to call for “common sense gun safety laws.” Ironically, at just about the same time a bipartisan group of Senators was introducing criminal sentencing reform legislation that would cause the release from jail of criminals who carried guns while committing drug felonies. As Bill Otis explains, »

Form SF-312 and its potential consequences for Hillary Clinton

Featured image Back in March, as the Hillary Clinton email scandal heated up, the question arose whether Clinton executed Form OF-109 when she left the State Department. This is the form in which a departing official certifies, under penalty of perjury, that she has “surrendered to responsible officials all unclassified documents, and papers relating to the official business of the Government acquired by me while in the employ of the Department” (emphasis »

Kim Davis released from prison, but may be destined to return

Featured image A federal judge ruled today that Kim Davis, the Kentucky clerk who has refused to issue marriage licenses to same-sex couples, may leave jail. However, her release is conditioned on not interfering with the deputies who have been issuing licenses to such couples. Davis’ lawyer says she will not adhere to this condition: Nothing has been resolved. She told the court Thursday that she can’t allow licenses to go out »

What is to be done?

Featured image President Obama has failed to comply with the conditions of the Iran Nuclear Agreement Review Act (the Corker-Cardin bill) that he himself signed into law. By its express terms the law required Obama to transmit to Congress “the agreement. . . . including all related materials and annexes.” He was obligated to do this “not later than five days after reaching the agreement.” Obama has not done so. The administration »

Why did Hillary’s staffer plead the Fifth?

Featured image As John noted yesterday, Bryan Pagliano, the Hillary Clinton staffer who worked on her campaign in 2008 and set up her private email server in 2009, will plead the Fifth Amendment in response to a Congressional subpoena. To the casual observer, this might seem odd. Pagliano didn’t send or receive information on the server, nor did he conceal or destroy any records. What crime might he have committed? Shannen Coffin »

CRB: Two cheers for originalism

Featured image Today we conclude our preview of the new (Summer) issue of the Claremont Review of Books with a bonus edition featuring a book by a friend. Subscribe to the CRB here for the heavily subsidized price of $19.95 and get online access thrown in for free. Michael Stokes Paulsen is the University Chair & Professor of Law at the University of St. Thomas in the Twin Cities. Through his contributions »

IRS sued over treatment of Americans who bank abroad

Featured image The Foreign Account Tax Compliance Act (FATCA) requires, in essence, that U.S. citizens who reside outside the U.S. disclose to the IRS all of their foreign banking assets including retirement plans, savings accounts, etc. It also requires foreign banks to assist the IRS in applying the disclosure rules or else face enormous penalties. As its not-so-subtle acronym suggests, the Act purports to be an anti-fat-cat measure through which to crack »

141 counties have more registered voters than eligible live citizens

Featured image The Public Interest Legal Foundation (PILF), of which our friend Christian Adams is president, has put 141 counties on notice that they have more registered voters than people alive. These counties encompass 21 states. Michigan leads the way with 24 counties, followed by Kentucky (18) and Illinois (17). Here is the list of such counties. The notification letters sent by PILF are a prerequisite to bringing a lawsuit against the »

Obama’s end-run around the nuclear non-proliferation treaty

Featured image In an article for Forbes, Harold Furchtgott-Roth argues that President Obama’s executive agreement with Iran violates and/or modifies the Nuclear Non-Proliferation Treaty of 1969. Thus, it cannot lawfully take effect without true congressional approval (as opposed to the process established by the Corker-Cardin legislation). Furchtgott-Roth’s article appeared about a month ago, but has only recently come to my attention. It is axiomatic, I should think, that an executive agreement cannot »

More twists and turns in Hillary’s email saga

Featured image On Friday, things began heating up again in the legal proceedings regarding Hillary Clinton’s emails. Readers will recall the Judge Emmet Sullivan, a federal district court judge in Washington, D.C., had ordered the State Department to ask Clinton, her former Chief of Staff Cheryl Mills, and her former Deputy Chief of Staff Huma Abedin to personally vouch that they’d turned over all records responsive to a Freedom of Information Act »

Report: Investigation of Hillary is a “criminal probe”

Featured image The New York Post reports that the FBI investigation into former Secretary of State Hillary Rodham Clinton’s unsecured e-mail account is a criminal probe. The Post’s source said, “It’s definitely a criminal probe; I’m not sure why they’re not calling it a criminal probe.” Me neither, but I can guess. The source explained that the Justice Department and the FBI can conduct civil investigations in limited circumstances, but that’s not »