Today I will have the pleasures of speaking at The Federalist Society’s 2015 National Lawyers Convention being held at the Mayflower Hotel in Washington, D.C. The theme for this year’s convention is: The Role of Congress. I will be on a panel entitled “Administrative Law: Agency Rule: How Congress Can Reclaim its Legislative Authority” starting at 2 pm in the State Room. I will have the honor of speaking with Hon. Tom Coburn, Former United States Senator, Oklahoma; Mr. Christopher C. DeMuth, Distinguished Fellow, Hudson Institute; and Prof. Michael Uhlmann, Claremont Graduate University. The panel will be moderated by the Hon. A. Raymond Randolph, U.S Court of Appeals for the District of Columbia.
This afternoon, Judge Rosemary Collyer issued her ruling on the motion by the Administration to forego a ruling on the merits in the United States House of Representatives v. Burwell, a challenge brought by the House to unilateral action taken by the Administration under the Affordable Care Act (ACA). After losing its motion to dismiss the case on standing grounds, the Administration sought (over the objections of the House) to remove the case to the United States Court of Appeals for the District of Columbia without ruling on the merits of the case. Judge Collyer denied the motion and set the case for final briefing and ultimately a final ruling.
The House’s entire legal team would like, first and foremost, to express its gratitude and respect for Judge Rosemary Collyer in issuing this historic and profound decision. The opinion is attached below.
After months of refusing demands to turn over her personal email server, Hillary Clinton has agreed to do so. The server will be turned over to the Justice Department as part of the investigation into her use of a private email account as Secretary of State. It was also disclosed that at least two emails on the unsecured server were classified “Top Secret, Sensitive Compartmented Information” — one of the government’s highest classifications. Some of the information is reportedly linked to NSA/satellite intelligence and the Inspector General says that there was material that was classified at the time it was sent over the unsecured server.
The Obama Administration has been accused by public interest groups of being one of the most hostile administration toward whistleblowers since the Nixon Administration. Not only whistleblowers but reporters have been subject to abusive investigations and crackdowns under President Obama. Now, that record has taken an even more dangerous turn. The Justice Department is facing bipartisan criticism after it moved to restrict access of inspectors general to documents needed to ferret out corrupt and abusive practices. The Office of Legal Counsel (OLC) has issued a controversial 68-page memo that says that the department’s inspector general would be required to get permission from the agencies it is investigating to obtain wire taps, grand jury testimonies, and credit information.
Despite the determination of investigators at the State Department and intelligence agencies that Hillary Clinton did use her personal email system to handle confirmed classified information (and potentially compromised “hundreds of classified emails”), Clinton dismissed such allegations and assured the public that it is “pretty clear” that there was no classified information on her personal email system — a system that she used rather than the secure State Department system.
Retired general and former Democratic presidential candidate Wesley Clark has caused a stir with an interview with MSNBC in which he appeared to call for the establishment of World War II-style internment camps to be revived for “disloyal Americans.” Clark used the infamous American internment camps for Japanese, German, and Italian Americans as a model: “if someone supported Nazi Germany at the expense of the United States, we didn’t say that was freedom of speech, we put him in a camp, they were prisoners of war.”