Trump Justice Department

In the Flynn case, more exculpatory evidence

Featured image The case brought by Team Mueller in the name of the United States against Michael Flynn constitutes a sidebar to the biggest political scandal in American history by far. While the United States now seeks to dismiss the case, Judge Sullivan resists. His resistance now extends to the The D.C. Circuit opinion granting Flynn’s petition for a writ of mandamus ordering him to dismiss the case. While the D.C. Circuit »

Judge Sullivan ordered to dismiss Flynn case

Featured image In a 2-1 opinion, the United States Court of Appeals for the D.C. Circuit has granted Michael Flynn’s petition for a writ of mandamus ordering Judge Emmet Sullivan to dismiss the case against General Flynn. I commented on the oral argument before the court here on June 12. I have embedded the panel opinion below along with the dissent. Judge Rao’s opinion for the panel responds in detail to Judge »

Behind the firing of that U.S. Attorney in New York

Featured image Over the weekend, a flap arose about the removal of Geoffrey Berman, the U.S. Attorney for the Southern District of New York. On Friday evening, Attorney General Barr announced that Berman had resigned. As Andy McCarthy has said, “it is a conventional indulgence to [a] dumped public official to frame the removal as a resignation, or to couch it ambiguously, so it is unclear whether the official decided to leave »

DOJ defends fairness in sports

Featured image Earlier this year, Idaho enacted the Fairness in Women’s Sports Act. It goes into effect next month. The Act contains two main provisions. First, covered athletic teams shall be expressly designated as one of the following based on biological sex: (a) Males, men, or boys; (b) Females, women, or girls; or (c) Coed or mixed. Second, “[a]thletic teams or sports designated for females, women, or girls shall not be open »

Noel Francisco to step down as Solicitor General

Featured image As Solicitor General of the United States, Noel Francisco is responsible for upholding the government’s positions before the U.S. Supreme Court. He does so ably, in my opinion. It’s not Francisco’s fault that Chief Justice Roberts decided to become the new Justice Kennedy or that Justice Gorsuch botched textualism. Francisco has announced that he will step down as SG when the Supreme Court’s term ends this month. To my knowledge, »

Flynn’s day in court

Featured image Michael Flynn’s petition for a writ of mandamus in his criminal case before will be argued in the D.C. Circuit Court of Appeals this morning at 9:30 a.m. (Easterm) before Judges Henderson, Wilkins, and Rao. It appears that the court will live stream the 30-minute oral argument via a link accessible here (and here on YouTube). I know that many will want to tune in. The Flynn case is a »

DOJ files statement in case brought by businesses against Gov. Whitmer

Featured image The Department of Justice has filed a statement of interest in a lawsuit filed by seven Michigan businesses challenging restrictions imposed by Governor Whitmer in response to the Wuhan coronavirus pandemic. The plaintiffs are a real estate brokerage, a lawn and property maintenance company, an automotive glass exporter, an engine oil and auto parts distributor, a small jewelry store, a dental office, and an association of car washes. They brought »

Trump/Barr DOJ warns California against disfavoring churches

Featured image The Department of Justice, under the leadership of Attorney General Barr, has moved aggressively to make sure that state and local measures to contain the Wuhan coronavirus do not violate the First Amendment’s guarantee of religious freedom. We discussed some of the DOJ’s actions here, here, and here. Now, the New York Times reports that Justice Department has “warned California’s governor that his COVID-19 restrictions discriminate[] against places of worship »

“Career prosecutor” misses the point

Featured image Jonathan Kravis was one of the attorneys who prosecuted Roger Stone. He resigned after the Trump/Barr DOJ recommended a lighter sentence for Stone than the attorneys who prosecuted Stone recommended. (I discussed Stone’s sentence here.) In this Washington Post op-ed, Kravis attacks the revised Stone sentencing recommendation and the decision to drop the case against Michael Flynn. He calls both decisions “disastrous.” But Kravis neglects to discuss the merits of »

Trump/Barr DOJ strikes another blow for religious freedom [UPDATED]

Featured image In response to the Wuhan coronavirus, Breea Clark, the Democrat mayor of Norman Oklahoma, locked the city down. When she decided gradually to reopen Norman, the ban on churches and other houses of worship from holding religious services — as well as a general ban on “large gatherings” — remained in place. Restaurants, retail stores, and salons were allowed to reopen if they adhered to social distancing policies, but regular »

What gives in the Flynn case? Finale

Featured image The conduct of the FBI and the Department of Justice in the Flynn case has been a complete and utter disgrace to both institutions. Earlier today Flynn Department of Justice prosecutor Brandon Van Grack withdrew from the case. Now comes news that the Department of Justice is moving to dismiss the case against Flynn, saving Judge Sullivan the necessity of ruling on Flynn’s pending motions. I believe I predicted this »

Former Virginia black-facers still don’t get civil rights

Featured image Mark Herring, a Democrat, is the Attorney General of Virginia. Like Gov. Ralph Northam, also a Democrat, Herring found it amusing to wear black face. He did so at a party in 1980. Herring still doesn’t have much appreciation for civil rights. He’s defending Virginia social distancing policies that led to the pastor of a Virginia church being cited for holding a church service. There were sixteen people in the »

Trump/Barr DOJ continues to defend First Amendment rights

Featured image I wrote here about the Department of Justice’s involvement in a Greenville, Mississippi case. As I explained, Greenville’s mayor had discriminated against a religious right guaranteed by the First Amendment — the right to hold a church service. This violation resulted in litigation. The DOJ filed a statement of interest on behalf of the church in question. Greenville backed down. Now, the Justice Department has filed a statement of interest »

Trump DOJ defends female athletes

Featured image The Justice Department has filed a statement of interest in a case challenging a Connecticut Interscholastic Athletic Conference (CIAC) policy that enables biological males to compete against biological females. Attorney General Barr explained: In our pluralistic society we generally try to accommodate how individuals desire to live their lives up to the point where those desires impinge on the other people’s rights. Allowing biological males to compete in all-female sports »

Trump DOJ attacks companies that discriminate against Americans

Featured image The Civil Rights Division of the Department of Justice enforces federal statutes that prohibit discrimination on the basis of race, sex, disability, religion, and national origin. Under Democratic presidents, the Civil Rights Division largely confines itself to enforcing these statutes for the benefit of groups that are among the Democrats’ core constituencies, especially African-Americans. To be fair, these are the groups that, by far, have suffered most from discrimination in »

Walton’s whack

Featured image You may have read about Senior United States District Court Judge Reggie Walton’s whack upside the head of Attorney General Barr this week. The whack was administered in Judge Walton’s opinion ruling on the Freedom of Information Act case that seeks the Department of Justice’s release of an unredacted version of the Mueller report. The opinion is accessible online here. Judge Walton’s whack is misguided. The Wall Street Journal takes »

Trump DOJ weighs in against Harvard’s discrimination

Featured image The Trump Department of Justice has steadfastly opposed racial discrimination without regard to which racial group is the victim. Yesterday, pursuant to this policy, the DOJ filed an amicus brief on behalf of the Asian-American plaintiffs who were discriminated against as a result of Harvard University’s race-based admissions preferences for African-American applicants. The case is on appeal from a district court ruling that found no discrimination by Harvard. We discussed »