There has been much talk about the decision of Judge Juan Merchan not to recuse himself from the Trump trial in Manhattan. I do believe that Merchan should have recused himself but I admit that this can be a difficult question. I wanted to address this question since it continues to be raised by the former president and others in the controversial trial. Continue reading “The Thomas Analogy: Why Recusal Was More Compelling for Merchan in Manhattan”
Category: Courts
While pundits, politicians and the press have long expressed outrage over attacks on judges by former President Donald Trump, many are now attacking any judge who delays any trial of Trump before the election. Democrats have accused Judge Aileen Cannon of being politically compromised, if not conspiratorial, in her delay of the Florida trial over the mishandling of classified documents. Yet, there is ample reason for the delay that many of us anticipated in this type of case when it was filed. Continue reading “Democrats Attack Judge for Delaying Trump Florida Trial”
Below is my column in the New York Post on yesterday’s oral arguments on presidential immunity. As expected, with the exception of the three liberal justices, the Court appears to be struggling to find a more nuanced approach that would avoid the extreme positions of both parties. Rather than take a header off either cliff, the justices seem interested in a controlled descent into the depths of Article II.
Here is the column: Continue reading “The Constitutional Abyss: Justices Signal a Desire to Avoid Both Cliffs on Presidential Immunity”
We have often discussed how cities and universities will use the threat of protests to block or shutdown free speech, particularly of conservative speakers or groups. We now have a major decision out of the United States Court of Appeals for the Ninth Circuit that could prove an important precedent in resisting the growing anti-free speech movement in the United States. In Meinecke v. City of Seattle, the court ruled against Seattle in a case involving the arrest of a pro-life protester. Matthew Meinecke was harassed by Antifa and other counterprotesters, but police arrested Meineche when he refused to yield in exercising his right to free speech. Continue reading “Ninth Circuit Rules Against Seattle in Using “Heckler’s Veto” in Arrest of Pro-Life Protester”
Today, the U.S. Supreme Court will take up Fischer v. United States, a case that could fundamentally change many cases of January 6th defendants, including the prosecution of former president Donald Trump. The case involves the interpretation of a federal statute prohibiting obstruction of congressional inquiries and investigations. Continue reading “Supreme Court Takes Up Obstruction Case Affecting J6 Defendants”
D.C. Circuit Judge Reggie Walton recently caused a stir in Washington after doing an interview with CNN in which he rebuked former President Donald Trump for his criticism of judges and their family members. Now, Judge Walton has been criticized by the United States Court of Appeals for the District of Columbia for a surveillance order of the computer of a January 6th defendant to detect any spreading of “disinformation” or “misinformation.”
Continue reading ““Plainly Erred”: Judge Reggie Walton Rebuked by D.C. Circuit in J6 Case”
We previously discussed New Mexico Gov. Michelle Lujan Grisham’s effort to effectively ban guns (both open carry and concealed) with a flagrantly unconstitutional public health emergency order last year. After triggering a court fight, Grisham backed down and scaled down her order to ban concealed weapons in parks and playgrounds. The park ban was enjoined by U.S. District Kea W. Riggs as presumptively unconstitutional, leaving only a small fraction of Grisham’s original effort. Now, the United States Court of Appeals for the Tenth Circuit has rejected her bid to lift that injunction in a key decision on appeal. Continue reading “New Mexico Loses Another Key Fight Over Ban on Concealed Weapons in Public Parks”
Below is my column in the Hill on the recent decision in Georgia and the “odor of mendacity” rising out of various courtrooms across the country. It is the smell of not just selective prosecution but political bias in our legal system. It is becoming harder to deny the existence of a two-track system of justice in the country as commentators and even a few courts raise concerns over the role of politics in prosecutions.
Here is the column: Continue reading “The Odor of Mendacity: 2024 Could Turn on Smell of Selective Prosecution from Georgia to New York”
Below is my column in the Hill on the real possibility of a federal trial of former president Donald Trump just before or even through the 2024 election. The claim that this schedule is the result of treating Trump like other criminal defendants is increasingly dubious given statements of courts and the Special Counsel.
Here is the column:
Special Counsel David Weiss has filed a blistering opposition to the motion to dismiss by Hunter Biden in California that cites his own book and conflicting statements as creating “nothing more than a house of cards.” The filing (below) shows how Hunter’s claims (repeated by many in the media) collapse under even cursory review in court. Continue reading ““Patently False”: Special Counsel Files Blistering Reply to Hunter Biden Motion to Dismiss”
Below is my column in the New York Post on the confiscatory fines imposed on former president Donald Trump and his family and corporation. Democrats are thrilled by the over the $450 million bill facing Trump and the possibility that he could be forced to sell off property just to seek an appeal. On ABC, New York Attorney General Letitia James declared “If he does not have funds to pay off the judgment, then we will seek judgment enforcement mechanisms in court, and we will ask the judge to seize his assets.” She added menacingly “yes, I look at 40 Wall Street each and every day.” It is a curious legal system where defendants can be priced out of appeals. While Trump has ample resources and can do this without a “fire sale,” it suggests that a person could be forced to sell a home to challenge its loss in court.
Here is the column: Continue reading ““Nothing Succeeds Like Excess”: New York’s Perverse Incentive in Pricing Trump Out of an Appeal”