After getting out of jail for fraud, televangelist Jim Bakker wasted no time in using religion to peddle a variety of dubious products and claims. We previously discussed his selling Trump coins as a direct contact with God and Doomsday pancake mix. Now he has got himself in hot water with a purported cure for COVID-19 called his “Silver Solution” which I referenced in a recent column. Now, as we discussed, the government has pursued Bakker, including Missouri suing the televangelist last month and New York’s attorney general sending a cease and desist letter. So Bakker has found himself in “a situation” where he is telling his followers to send him checks rather than use credit cards. He is calling on the faithful to keep him out of bankruptcy. Continue reading ““We Need A Miracle”: Jim Bakker Needs Money After Government Shutdown Of His “Silver Solution” To Coronavirus”
The Supreme Court’s decision requiring unanimous verdicts in state criminal trials was a historic moment for constitutional law. One of the few remaining rights under the Bill of Rights left discretionary to the states was finally “incorporated” as a constitutional requirement. Associate Justice Neil Gorsuch declared that state systems allowing non-unanimous verdicts are now “relegated to the dustbin of history.” In his concurring opinion, Brett Kavanaugh joined in sweeping away the prior 1972 ruling in Apodaca v. Oregon. It was difficult not to conclude that the two justices had another case in mind that was argued the same year that Apodaca was published: Roe v. Wade. If Roe is the next case to be “relegated to the dustbin of history,” it would likely fall (or more likely be diminished) by the same analysis laid out by the two Trump appointees – and notably followed by key liberal justices. Continue reading ““The Dustbin of History”: Could Roe Be Next To Be Swept Away After Ramos?”
There is an interesting controversy brewing in Nevada over stimulus money and morality. Bella Cummins is the owner of a lawful small business who initially refused an emergency loan under the pandemic stimulus money. The reason? Her business is a brothel. The CARES Act makes no distinction between moral and immoral businesses so long as they are lawful (and such a distinction in my view would challengeable). Brothels are lawful in Nevada. Yet, Cummins was eventually allowed to apply for the loan but there are objections to giving stimulus money to an over-stimulating business.
As a break from the grind of pandemic news and cabin fever, I wanted to share this video. Some of you have probably seen it, but it is rare that you can see a criminal mastermind at such an early stage. It is like having a nanny cam in the nursery with Dr. James Moriarty.
Continue reading “Nanny Cam Reveals A Criminal Mastermind At Work”
In yesterday’s press conference, President Donald Trump said that Harvard University “is going to pay back the money and they shouldn’t be taking it.” Harvard however says that it intends to keep the money. That will set off an interesting legal fight, which could ultimately cost much of the grant’s worth in legal fees. Update: Harvard is now reportedly not going to seek or accept stimulus money. Continue reading “Phi Beta Casha: Harvard Vows To Keep Stimulus Money . . . Then Vows Not To [Updated]”
One of the more interesting legal fights during the pandemic have centered on abortion rights in Texas. Some governors, like Texas Gov. Greg Abbott, have sought to limit abortions as non-essential or “not immediately medically necessary” procedures during the pandemic. That has been challenged by pro-choice advocates who insist that this is just an opportunistic use of the pandemic. One such fight is bouncing around the Fifth Circuit over the use of pill-induced abortions. The United States Court of Appeals for the Fifth Circuit just ruled in favor of the state restriction. Continue reading “Fifth Circuit Rules For Texas In Blocking Pill-Induced Abortions As “Non-Essential” Procedures”
There is an interesting fight brewing on the Hill after House Intelligence Committee Chairman Adam Schiff and Judiciary Committee Chairman Jerrold Nadler called for the Justice Department inspector general to investigate Attorney General Bill Barr over his comments on the firing of the intelligence community watchdog, Intelligence Community Inspector General Michael Atkinson. What is curious is that Barr justified the firing on the very basis that I previously raised in a blog column, While I was highly critical of the move, I noted that termination would have been justified if Atkinson continued to assert that he would not follow Justice Department interpretations of federal law. However, President Donald Trump made clear that he fired Atkinson for the worst possible reason: the merits of the Ukrainian allegations reported to Congress. So Schiff and Nadler are calling for an investigation into Barr over his arguing what would be legitimate grounds for a termination? It is not clear to me what the IG is supposed to do with such a request. Sen. Dianne Feinstein, D-Calif., and Sen. Mark Warner, D-Va., have also requested a review of Barr’s comments. (For full disclosure, I testified in favor of Barr’s confirmation before the Senate Judiciary Committee).
Below is my column in The Hill newspaper on potential liability of China for its negligence in the early stages (and possible release) of the Coronavirus.
Shortly after this column ran, two members announced that they would be introducing the amendment to the federal law discussed below.
There are now at least seven lawsuits filed against China which is pushing a public relations campaign to deflect blame.
Here is the column:
Continue reading “Why China Is Unlikely To Be Held Liable For The Pandemic”
We previously discussed the defiance of Louisiana Pastor Tony Spell who refused to stop holding large services as the state struggled to control the coronavirus. Now, Spell has announced that while he wants nothing to do with orders designed to control the virus, he would appreciate the faithful sending him and other churches their pandemic stimulus checks. We also previously discussed televangelists telling the faithful that the pandemic and economic collapse is not excuse to stop sending tithes to the churches.
The Supreme Court handed down a major new ruling today that requires state juries to be unanimous to convict defendants in criminal trials. It is a historic “incorporation” ruling that the Sixth Amendment would apply in the same way to the states as it does the federal government. Most rights are incorporated, but the Supreme Court has long allowed this protection to be decided state-by-state. The court’s 6-3 ruling overturned its 1972 decision in Apodaca v. Oregon. Notably, the opinion was written by Justice Neil Gorsuch who continues to follow his conscience in breaking from the right of the Court — as I expect he would when I testified in favor of his confirmation. Gorsuch declared that “Louisiana’s and Oregon’s laws are fully—and rightly—relegated to the dustbin of history.”
Below is my column in USA Today on the pledge of President Donald Trump that he would adjourn Congress under a never used and rarely discussed power of Article II. While Trump pledged to do so a week ago, there has been no mention of the invocation since that time.
In the White House press conference, President Trump stated:
“If the House will not agree to that adjournment, I will exercise my constitutional authority to adjourn both Chambers of Congress. The current practice of leaving town while conducting phony, pro forma sessions is a dereliction of duty that the American people cannot afford during this crisis. It is a scam. What they do. It’s a scam and everybody knows it, and it’s been that way for a long time, and perhaps it’s never done before. It’s never been done before. Nobody’s even sure if it has, but we’re going to do it.”
He later added:
“[Congressional leaders] know. They’ve been warned and they are being warned right now. If they don’t approve it, then we’re going to go this route, and we’ll probably be challenged in court and we’ll see who wins, but when the court hears that we aren’t getting people approved . . . for two and a half years for an important position that we need because of this crisis. We needed these people before, but now we really need these people.”
Here is the column:
The Michigan Department of Corrections this week disclosed another death of an inmate from the coronavirus but this case had a curious twist. William Garrison died weeks before his parole. What is most remarkable is the Garrison had the choice to leave prison in January with parole but elected the option to stay in prison until September to be released without parole. As a criminal defense attorney, I have rarely heard of an inmate electing the longer incarceration option. In this case, it likely cost him his life. Had he opted for parole, he would not have been exposed to the virus in prison.
In the crush of news this week, one story was a bit buried. U.S. District Court Judge Amy Berman Jackson has denied former Donald Trump adviser Roger Stone’s motion for a new trial. It was an expected ruling but one that eviscerates the notion of an unbiased jury. I previously discussed the issue of the bias of the head juror and the need for a new trial. What is interesting is that Jackson does not seriously question her political bias but effectively gives a shrug and says “go to jail anyway.”
Continue reading “Federal Judge Dismisses Stone Motion … and Premise Of An Unbiased Jury”
By Darren Smith, Weekend Contributor
A Painted Lady describes a coloring schema of Victorian and Eduardian style houses common of the era between the middle 19th century to the 1910s yet repainted starting in the 1960s to accentuate the architecture through the use of many differing colors, often to a great level of precision (Some attaining not quite a Jan Van Eyck granularity but certainly above that of McMansions blighting many neighborhoods.
Here are a few for your enjoyment. Click each to enlarge.
Continue reading “Painted Ladies: A Few Photographs of Victorian Style Homes”
We have seen some truly moving moments of people bringing comfort and kindness to others in this pandemic. Some of the most moving have come from Italy. This video of violinist Lena Yokoyama playing a piece by Ennio Moricone from the roof of a hospital in Cremona has brought tears to the eye of millions around the world, including health care workers in the hospital.
Continue reading “Violinist In Italy Gives A Gift To The World From The Top Of A Pandemic Hospital”