Category: Courts

Bizarre, Courts, Criminal law, Politics, Society

Montana Judge Orders Men To Wear Shaming Signs For Claiming To Be Veterans

I have previously written about the rise of shaming punishments in the United States in both blogs (here and here and here and here and here) and columns (here and here). We can now add Cascade County District Judge Greg Pinski in Montana who crafted his own flavor of justice by requiring Ryan Patrick Morris, 28, and Troy Allan Nelson, 33, to wear signs reading “I am a liar. I am not a veteran. I stole valor. I have dishonored all veterans.” As always, such punishments are hugely popular with people but they are also, in my view, high damaging to the legal system.

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Columns, Congress, Constitutional Law, Courts, Politics

Ginsburg’s Recurring Cancer Exposes Vulnerability On The Court

Below is my Hill column on the news that Associate Justice Ruth Bader Ginsburg had additional cancer treatment. I have previously written about “Ginsburg’s gamble” in refusing to resign during the Obama Administration. Already over 80, some encouraged her to leave the Court to allow Obama to pick her successor — and to safeguard dozens of cases impacting the lives of millions. The recurrence of her cancer treatment exposes not only the risks of that decision but also the absence of any way for the Court to deal with potential incapacities.

Notably, Justice Thomas could face the same questions. Long rumored to be considering retirement, a defeat by Donald Trump could hand his seat to a liberal justice and endanger a number of conservative holdings.

Here is the column:

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Courts, Media, Politics, Supreme Court, Torts

HuffPost and Senior Reporter Sued Over Kavanaugh Story

There is an interesting defamation case out of the Kavanaugh confirmation hearings. Professor Derrick Evans is suing Huffington Post for a September 2018 story on U.S. Supreme Court Justice Brett Kavanaugh and partying at Georgetown Prep school. The article alleged that Evans committed drug offenses in scoring drugs for friends, particularly cocaine. The most extraordinary — and potentially defamatory — claim was that Evans and his friend Douglas Kennedy not only regularly bought and distributed cocaine but supplied the cocaine in April 1984 that killed Douglas’ brother, David.

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Constitutional Law, Courts

WA County’s Guardian Ad Litem Should Be Dismantled After Egregious Due Process Abuse Case

By Darren Smith, Weekend Contributor

As many know I am often a staunch critic of Washington’s child protective services and a system that at times has shown itself to be rife with incompetence, vindictiveness, and laziness. For the past several years hardly a six month time period elapses without news of yet another major debacle occurring that shatters the life of a child or family member and results in millions of dollars paid out by the state in damages.

But the latest spell in my view goes beyond the usual bureaucratic blundering and crosses a line into what many would consider to be corruption.

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Academia, Constitutional Law, Courts, Lawyering, Media, Society

Turley Speaks To Alaskan Bar On Free Speech and The Free Press

This morning I have the great honor of delivering a keynote address before the Federal Bar Conference in Anchorage, Alaska. The conference is being held at the Hotel Captain Cook and I will be speaking at 9:00 am on the foundations and evolution of both free speech and the free press in America.

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Courts, Criminal law

“A Sense Of Remorse”: Michigan Judge Gives Husband Just 60 Days For Repeatedly Poisoning Wife’s Coffee

In one of the most bizarre sentencing decisions in recent memory, visiting Judge Anthony Viviano sentenced Brian Kozlowski, 46, to just 60 days for a crime warranting 180 months. Kozlowski’s ex-wife suspected he was poisoning her and caught him on camera spiking her coffee. She was lucky but nearly not as lucky as he was in getting this ridiculously low sentence for a 12-year felony. Vivano said that he gave him the low sentence because Kozlowski showed some remorse.

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Constitutional Law, Courts, Criminal law

“Entirely Divorced” From The Facts: Court Dismisses DNC Lawsuit Against Trump

I have written previously about the often frivolous lawsuits brought by Democratic leaders that not only threaten to create bad precedent but undermine legitimate claims against President Donald Trump. One such meritless action was filed by the Democratic National Committee, an action that came perilously close to crossing the line of Rule 11 on meritless or vexatious actions. Judge John Koeltl, a Clinton appointee, was scathing in dismissing the action against key members of the Trump Administration and Wikileaks as “entirely divorced” from the facts.

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Bizarre, Courts, Lawyering

Former Judge Literally Dragged To Jail In Chaotic Courtroom Scene

Former juvenile court judge Tracie Hunter caused an extraordinary scene in a Cincinnati courtroom yesterday when she was literally dragged away to jail to serve a six-month sentence for improperly obtaining information for her brother to help in a job dispute. The video shows Hunter refusing to move and being dragged across the courtroom floor.

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Columns, Courts, Lawyering, Politics, Society, Supreme Court

The Life and Legacy of John Paul Stevens

Below is my column in the Washington Post Sunday on the legacy of Supreme Court Justice John Paul Stevens. With roughly 35 years on the bench, he was the nation’s second oldest and third-longest serving justice.

Stevens will lie in repose at the Supreme Court on Monday. On Tuesday his funeral will be held and he will be buried at Arlington National Cemetery. I expect he would have preferred center field at Wrigley but this is a strong second option.

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Columns, Constitutional Law, Courts, Supreme Court

Farewell To John Paul Stevens

Below is my column in USA Today on the passing of Associate Justice John Paul Stevens. I have another column appearing today in the Sunday Washington Post’s Outlook Section. I remain surprised by the comparatively light coverage of the passage of this great man who gave so much to the country. I disagreed with Stevens on various cases, but I always held him in the highest regard as a person and as a jurist.

Here is the column:

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Constitutional Law, Courts, Politics

Fourth Circuit Dismisses Emoluments Cases Against Trump

US-CourtOfAppeals-4thCircuit-SealThe 4th U.S. Circuit Court of Appeals on Wednesday dismissed the emoluments cases filed by Maryland and the District of Columbia against President Donald Trump.  I have long been critical of the filings as advancing largely undefined and unwieldy interpretations of emoluments.  The Fourth Circuit made fast work of the filings and reversed the lower court for embracing attenuated and unsupported theories of standing. Other judges correctly dismissed these claims in the past. Continue reading “Fourth Circuit Dismisses Emoluments Cases Against Trump” →

Courts, Criminal law, Lawyering, Media, Politics, Society

Flynn Takes Sudden Turn Against Government In Pending Case

440px-Michael_T_FlynnWhile the headlines have been occupied with the Epstein matter and the other news, there is something curious happening in federal court with Michael T. Flynn, the former national security adviser.  Flynn was just listed as an unindicted co-conspirator by the Justice Department. That itself is odd since Flynn is a cooperating witness facing sentencing before a fairly hostile federal judge.  Nevertheless, Flynn now says that the government was trying to get him to give false evidence in the the trial of a former business partner, Bijan Kian, who is accused of violating foreign lobbying disclosure laws.  The move by Flynn (following his replacement of counsel) could indicate an “all in” position for a pardon.

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Bizarre, Courts, Media, Politics

Lack of Consensus: Trump Calls Announcement Of His Own Agencies On Census Question “Fake”

donald_trump_president-elect_portrait_croppedThere certainly seems to be a lack of consensus in the Trump Administration over the census question.  Yesterday both the Commerce Department and the Justice Department confirmed that the Administration would drop the controversial census question over undocumented status after the stinging defeat before the Supreme Court. Even conservative justices threw up their hands by the lack of foundation laid by the Trump Administration on the need or rationale for the question. Now there is utter confusion as the President insists that this Administration will litigate the issue again.

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Columns, Constitutional Law, Courts, Criminal law, Media, Politics, Supreme Court

Washington Owes Neil Gorsuch An Apology

Below is my column on the end of the Supreme Court term and the one outstanding piece of business: an apology to Associate Justice Neil Gorsuch. After this column ran, Gorsuch again voted with the liberal justices on a critical due process issue. He has already carved out a principled legacy on the Court that follows his convictions rather than the predictions of his critics.

Here is the column:

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Academia, Constitutional Law, Courts, Criminal law, Lawyering

Turley To Speak At 2019 Judicial Conclave In New Mexico

Today I have the honor of delivering a keynote speech to the 2019 Judicial Conclave in New Mexico at the Hyatt Regency in Albuquerque. I will be discussing the history, cases, and evolution of the “cultural defense” in federal and state courts. The speech is at 11:15 am on Friday at the conference held at the Hyatt.

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