Judge Richard Posner Declares Support For Supreme Court Expansion Proposal

I have previously discussed the legendary career of Judge Richard Posner of the United States Court of Appeals for the Seventh Circuit.  Widely viewed as the father of Law and Economics, Posner remains one of greatest influences on American jurisprudence in the history of this country.  I have long been a great admirer of his work and teach his theories as part of my torts course.  It is for that reason that I was delighted when my co-counsel sent me the interview below where Judge Posner expressed support for the proposal that I have advanced for many years to reform the Supreme Court.  Posner agrees with the proposal to expand the Supreme Court to nineteen members.

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Michigan Judge Threatens To Throw Out Plea Bargain After Murderer Smirks Through Victim Statement

Screen Shot 2017-07-26 at 10.49.07 PM.pngDefense counsel often discuss demeanor in court with our clients.  One thing that we all agree on is that it is a uniquely bad idea to smirk during victim statements, particularly in a murder case.  That is one lesson Danta Wright, 17, did not learn and it almost cost him the plea bargain negotiated with prosecutors.

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Trump And The Epiphany of Clarity: The Case For And Against Self-Pardons

donald_trump_president-elect_portrait_croppedBelow is my column in the Hill Newspaper on the continuing debate over the constitutionality of self-pardons.  While I view this question as a close one, I do not agree with commentators like Brookings Fellow Norman Eisen that any claim that a president can self-pardon is “absurd.”  To the contrary, I believe that Trump would have a 50-50 chance in any challenge.

Of course, the first challenge to working out the merits of such arguments would be securing judicial view. In case like Ex Parte Garland (1866), the Supreme Court has previously treated the pardon power as largely unfettered and political in natural – a power that can be used for any federal offense before, during or after a prosecution. It is not something ordinarily subject to judicial review. It is possible that a federal prosecutor could seek to bring a charge and force a court to rule on a motion to quash an indictment based on a prior self-pardon.  A decision could easily go either way on this type of close and intractable question.

Here is the column:
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Wasserman Schultz Aide Arrested Allegedly Trying To Flee The County After Fraud Charge

Wasserman SchultzRep. Debbie Wasserman Schultz (Fla.), the former Democratic National Committee chairwoman, has been under intense criticism over her retention of Imran Awan as a technology aide.  While other members severed connections to Awan after he was accused of wrongdoing months ago, Wasserman Schultz retained him.  He has now been arrested at Dulles International Airport in an alleged attempt to flee the country.

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Iranian Presenter and Advocate Of Islamic Dress Laws Allegedly Caught Without Hijab and Drinking Beer In Switzerland

IAzadeh Namdari promoting Islamic dress in an Iranian newspaper - she is pictured walking down the street in a headscarfranian state television presenter Azadeh Namdari is known as an advocate of the strict Iranian dress codes for women that many women have bravely resisted in the authoritarian country.  For that reason, a photo of Namdari sitting outside without a hijab and allegedly drinking a beer has caused a firestorm of criticism from both secularists and Islamists.

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Heinz Accused Of Selling “Natural” Food For Children With Sugar Levels Qualifying As Confectionary Item

There is an interesting case out of Australia that will confirm the concerns of many parents over food for young children.  The Australian Competition and Consumer Commission (ACCC) brought a legal action against Heinz in June after reviewing a complaint by the Obesity Policy Coalition about the sugar content of the food.  The Commission determined that the level of added sugar would qualify the food — which is sold as a “natural” and healthy choice — as a confectionary item like junk food.  The focus is a product line called  “Little Kids Shredz.”

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Of Pardons and Presidents: Why Trump Can But Shouldn’t Use His Power To Pardon His Family and Aides

 Below is my column in the Washington Post on the controversy over the possible use of pardon authority by President Donald Trump to protect his family and aides involved in the Russian investigation.  Trump’s tweet reference to his “complete power to pardon” fueled rumors that he is considering pardons, including a possible self-pardon.

 

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San Diego Professor Criticizes Those Wishing “War Criminal” John McCain Sympathy Over His Cancer

downloadAnother controversy over free speech was triggered this week on social media by an academic expressing hateful views.  Various people have called for San Diego State University Political Science Professor Jonathan Graubart to be fired after denouncing those wishing Sen. John McCain best wishes for his recovery.  Graubart called McCain a “war criminal” and said that he was “annoyed” by all of the expressions of sympathy for his dire cancer prognosis.  Others at the school supported and shared his views.

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Government Ethics and the Russian Investigation: How Trump Officials, Investigators, and Critics Have Created An Ethical Quagmire In Washington

donald_trump_president-elect_portrait_croppedBelow is column in USA Today on the widening number of ethical issues generated during the Trump Administration. I have been critical of some of the practices of the Trump Administration from nepotism to retroactive waivers to failures to divest.  However, there should be equal concern and attention over some of the actions of Trump critics.  It seems that the rising political passions are blinded both sides to core ethical principles and considerations.

Here is the column.

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Police Seek Georgia Couple In Videotaped Assault on Restaurant Owner and Daughter

downloadbaxley26n-1-webBaxley, Georgia was the scene of a deeply disturbing confrontation between two customers and a restaurant owner. Qwik Chik owner Jeanette Norris is shown being repeatedly punched by a woman whose male companion then slugged her teenage daughter.  The suspects were identified by police as Nathaniel and Latasha Smith (right).

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Self-Pardons: A Response To Tribe, Painter, and Eisen

donald_trump_president-elect_portrait_croppedThis weekend my column on the Trump pardon controversy ran in the Washington Post. (Notably, while the first title referenced a President pardoning himself, the later title referenced pardoning aides which was the thrust of the column).  As I have stated in the press, I consider this one of the most difficult questions in the Constitution.  I wrote that there is nothing in the Constitution that says that a president cannot self-pardon and that this was a very close and unresolved question. The same day, a column ran that said conclusively that the self-pardon are clearly and textually barred by the Constitution. That column was written by Harvard Professor Laurence Tribe, Minnesota Professor Richard Painter, and Brookings Institution fellow Norman Eisen.   I must respectfully disagree despite my respect for the prior work of all three of these men. While I believe that it would have been better for the Framers to expressly bar self-pardons, they did not do so. What is left is a difficult interpretive question that is not answered by the arguments made in the column. Indeed, some of the arguments are challengeable on either a historical or legal basis.  This is an issue that could easily go either way in the courts.  In the meantime, President Trump this morning fueled greater speculation with a tweet referring to his “complete power to pardon.”

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Washington Post: Two Intercepted Calls With Russian Ambassador Kislyak Detailed Conversations With Sessions On Campaign

For an Administration that has long complained about the effort of “the deep state” to undermine President Trump, the most recent leak detailed in the Washington Post will confirm an openly hostile intent by people within the intelligence community.  The Post published accounts of how Russia’s ambassador to Washington Sergey Kislyak told his superiors in Moscow that he discussed campaign-related matters with then Sen. Jeff Sessions during the 2016 presidential race. If true, the account would conflict with Sessions earlier denials.

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Report: White House Investigating Mueller

donald_trump_president-elect_portrait_cropped440px-Director_Robert_S._Mueller-_III-1The media is reporting that President Donald Trump’s legal team is investigating possible conflicts of interest  by former FBI Director Robert Mueller.  Today I ran a column in USA Today on those conflicts of not just Mueller but Deputy Attorney General Rod Rosenstein. I have great respect for Mueller but I believe it was a mistake of Rosenstein to select him given his history with Comey and his reported interview with Trump for Comey’s job.  Nevertheless, as I have stated since this story broke this morning, I am very concerned with any concerted effort to investigate the investigators.  Such an approach is less evidence of a strategy as a spasm.  Clearly, defense counsel has a right — if not an obligation — to raise any known conflicts of interest with the Justice Department.  Yet, such investigations can easily get out of hand and can trip legal wires if aides are too aggressive in investigating the investigators.

 

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Roper’s Resolve: Critics Seek Dangerous Extensions Of Treason and Other Crimes To Prosecute The Trumps

A_Man_for_All_Seasons_(1966_movie_poster)Below is my column in the Hill newspaper on how critics of Donald Trump have been calling for radical extensions or interpretations of criminal provisions against core figures. The implications for such interpretations of crimes like treason need to be considered by critics.

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The Chinese Government Moves To Ban The Pooh

 

Xi_Jinping_March_2017The Chinese government is searching for a plump counter-revolutionary with a taste for honey and irony.  Yes, the Communist regime has banned Winnie the Pooh who is apparently a running dog exploiter bent on turning workers against the one and true Party.  The regime learned that the image of Pooh was being used as a surrogate for Xi Jinping as a way of getting around censorship laws (Japan’s Prime Minister Shinzo is portrayed as Eeyore).  As a result, Pooh and presumably his capitalist overlord Christopher Robin are no longer welcomed in China.

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