By Darren Smith, Weekend Contributor

I featured three articles in November, 2015 (HERE, HERE, and HERE) depicting a controversy caused by the Washington State Department of Labor & Industries’ promotion of artwork made by Leonard Peltier, who was convicted for the June, 1975 murders of FBI Special Agents Jack Coler and Ron Williams. The display furthered the controversy in that it marked the 40thanniversary year of the agents’ murder. After considerable outcry on both sides of the issue, the dispay was taken down two weeks prior to its scheduled conclusion date.
Now, a lawsuit has been filed in U.S. District Court by Leonard Peltier and his son Chauncey against the state naming L&I Director Joel Sacks, Governor Jay Inslee, the L&I spokesman, retired FBI Special Agents, and two hundred John Does as defendants, claiming that the Peltiers were denied their First, Fifth, and Fourteenth Amendment rights were violated by the state’s removal of the artwork.
The lawsuit indicates strongly how controversies such as these can be avoided and that allowing state employees to promote controversial issues often leads to disaster.
Continue reading “Washington State Governor Sued For Removal Of Leonard Peltier Art Display”


Last night, U.S. District Judge Derrick K. Watson
Below is my recent column about a type of new article of faith for lawyers in opposing President Donald Trump and his Administration. Here is the column:
The build up last night on MSNBC had my phone ringing off the hook. Rachel Maddow proclaimed 
Below is my column in The Hill newspaper on the reappearance of Obama officials in the contemporary debates over surveillance and health care. Here is the column.
The United States Attorney for Manhattan, Preet Bharara, appears to believe that he is working for a different branch of government. After Attorney General Jeff Sessions asked for the resignations of all U.S. Attorneys, a standard change of political appointees in a new Administration,
As someone who has done interviews at home with four kids and a large dog, this is an all too familiar scene. Professor Robert Kelly learned of these dangers as he tried to explain the implications of the impeachment of South Korea President 

While most Democratic senators have been somewhat circumspect in characterizing the testimony of Attorney General Jeff Sessions as “inaccurate” or “misleading,” Minnesota Sen. Al Franken yesterday publicly accused Franken of perjury. It is a weighty charge that I have previously said would be highly difficult to actually prosecute.
With the rollout of the new GOP health care law, a 
With the chorus of calls for an “independent counsel” or “special prosecutor” to investigate the Russian hacking scandal, there has been one element that remains rather ambiguous: what is the specific crime to be investigated? Clearly there is the hacking but that crime is well-known and was committed by Russians who are unlikely to be subject to any real investigation. A special counsel, as opposed to a bipartisan commission, would require the articulation of a crime and the basis for the investigation. I am all in favor of independent investigations of this and other issues. However, if we are going to move beyond a special commission to special counsel we need to have more evidence and a notion of what we are investigating. That may come but we are not there yet. Below is my column in The Hill Newspaper on the subject — and the moral outrage over hacking.