Chicago White Sox Admits To Eating Fake Passport While Flying To United States

Chicago White Sox first baseman Jose Abreu admitted on the stand in a Miami courtroom that he ate part of a fake passport while flying to the U.S. to cover up his illegal travel as part of a Cuban ballplayer smuggling operation. Now, I am admittedly a lifelong Chicago Cubs fan and we have no love loss with our White Sox neighbors, but it is pretty amazing that this admission (given under a guarantee of immunity) has not resulted in Abreu being dropped by MLB or the White Sox team. Indeed, at the time of immigration reforms and crackdown, this is a case of someone who knowingly used and then destroyed a fake passport to gain entry into this country.

Continue reading “Chicago White Sox Admits To Eating Fake Passport While Flying To United States”

White House: Kellyanne Conway Acted “Without Nefarious Motive”

I recently discussed the ethics complaint filed against Presidential Advisor Kellyanne Conway by 15 ethics law professors. For full disclosure, Conway is one of my former students at George Washington University Law School (she graduated in 1995). I criticized the complaint as highly political with little foundation. The only aspect of the complaint that was not frivolous was the allegation that Conway violated the federal rule against endorsing commercial products in light of her comments about Ivanka’s line of clothing and jewelry. As I stated, Conway did violate the rule though I viewed the violation as part of a tongue-in-cheek retort to the controversy. It still warranted a formal reprimand in my view but not an ethics charge or more serious action. The White House appears to have reached essentially the same conclusion though there is no indication of a formal reprimand as opposed to a public confirmation that Conway has been “counseled” and will not commit such a violation again.

Continue reading “White House: Kellyanne Conway Acted “Without Nefarious Motive””

First Amendment Experts Call For Lawsuit Based On The Exclusion Of Leading Media Outlets From Press Gaggle

sean_spicerI recently discussed an ethics complaint by law professors against presidential aide Kellyanne Conway that I viewed as facially political in character and lacking a substantive foundation. (Of course, this was before the “Couchgate” scandal) My reaction to a new proposed first amendment lawsuit by news media is little better. Democratic U.S. Rep. Carolyn Maloney and first amendment advocated joined in condemning the Trump Administration’s exclusion of some new organizations from a White House press briefing. I share their view that the exclusion was wrong and, with the recent attacks on the media by President Trump, contradict our core values as a nation that values the freedom of the press. However, I do not see a credible constitutional claim brought under the threatened lawsuit.

Continue reading “First Amendment Experts Call For Lawsuit Based On The Exclusion Of Leading Media Outlets From Press Gaggle”

Groups: The Vikings Stadium Kills Birds

ctyp_stadiumbird3us_bank_stadium_-_west_facadeThe new Vikings stadium has yet to prove a killer for NFL rivals but it is certainly racking up bird kills according to the Audubon Society and other environmental groups. That modern glass exterior appears to be killing an alarming number of birds and groups are complaining that the stadium is continuing to “study” the problem while the dead birds mount. This stadium seems truly star-crossed. We recently discussed how the stadium has been found to be hazardous to hearing.
Continue reading “Groups: The Vikings Stadium Kills Birds”

Ginsburg Again Publicly Discusses Political Issues With Renewed Criticism Of Congress, Praise for Protesters, and Hope For “Better Times”

225px-ruth_bader_ginsburg_scotus_photo_portraitI have long been a critic of Supreme Court justices embracing the era of what I have called “the celebrity justice.”  Justices are increasingly appearing before highly ideological groups and inappropriately discussing thinly veiled political subjects or even pending issues. She previously called President Trump as “faker.”  Supreme Court Justice Ruth Bader Ginsburg has been a notable recidivist in this type of conduct and does not appear to be deterred by criticism that she is undermining the integrity of the Court.  She is back at it with a new interview with the BBC.

Continue reading “Ginsburg Again Publicly Discusses Political Issues With Renewed Criticism Of Congress, Praise for Protesters, and Hope For “Better Times””

Transgender Texas Wrestling Star Raises Difficult Questions Over Competition Rules For Students On Steriods

Eco-Terrorists: The Taliban Goes Green With Tree Planting Message

440px-pinus_roxburghii_tree440px-taliban-torkham-2001Until now, I thought “eco-terrorist” was an industry spin.  However, the   leader of the Taliban in Afghanistan, Hibatullah Akhundzada, has gone all green. It appears that when his followers are not throwing acid in the faces of girls seeking to be educated or blowing up mosques and markets, they should be planting trees.  It is the Taliban version of Greenpeace without the peace part.

Continue reading “Eco-Terrorists: The Taliban Goes Green With Tree Planting Message”

Is There A Legal Barrier To Cities Holding Illegal Immigrants For Federal Authorities?

ever-valles-mug-shotThe recent arrest of Ever Valles, 19, for murder has rekindled the debate over sanctuary cities and the proposed crackdown by the Trump Administration. We have previously discussed the status of sanctuary cities.  I have maintained that these cities are in a poor legal position to oppose the federal programs and that they would face the loss of badly needed federal funding. The case of Valles will reinforce moves in Congress to clamp down on cities like Denver, which have responded that their police would have no legal basis to hold illegal immigrants for federal officials under the Constitution. The conflict presents an interesting series of issues about the basis for detainers and the legal status of immigration warrants under the Fourth Amendment.  There is certainly no barrier in cooperating through notice to ICE and coordinating transfers.  The question is whether there are barriers to holding someone for the requested 48 hours under these detention requests.

Continue reading “Is There A Legal Barrier To Cities Holding Illegal Immigrants For Federal Authorities?”

New York Police Implicated In Thousands of Recorded Conversations With Crooked Gun Dealer

215px-NypdpatchAlex (Shaya) Lichtenstein has burned various corrupt NYPD cops after he secretly recorded their illegal dealings.  The only thing greater than Lichtenstein’s insatiable greed was his obsessive recording of conversations.  Prosecutors told a court this week that Lichtenstein secretly recorded some 70,000 conversations.  Lichtenstein has pleaded guilty to bribery of police.  Lichtenstein was a member of the Orthodox Jewish Patrol that would roam Jewish neighborhoods.   His deep religious beliefs however did not seem to stop him bribing officials and committing criminal acts.

Continue reading “New York Police Implicated In Thousands of Recorded Conversations With Crooked Gun Dealer”

Englishman Found Criminally Guilty In Swallowing of Gold Fish

The line between cruelty and cuisine can at times be a bit hard to discern.  We have previously discussed whether swallowing live gold fish (or even selling gold fish) is an act of criminal cruelty.  Now a man, Daniel Challis, 24, has been found guilty of causing suffering to a fish after posting a video of his swallowing the fish on a dare.

Continue reading “Englishman Found Criminally Guilty In Swallowing of Gold Fish”

Trump and The Courts: Presidential Attacks On The Courts Have A Long History

donald_trump_president-elect_portrait_croppedSupreme CourtBelow is my column in USA Today on the continuing controversy over President Trump’s attack on judges who have ruled against his executive orders.  I have been critical of Trump’s attacks on the media and the courts, which undermine not just those critical institutions but the White House itself.  As discussed below, presidents have learned that attacking the courts tend to diminish their own credibility over time.  Having said that, Trump is not as much as a departure from other presidents as some have made out.  Indeed, public discord between the executive and judicial branches has a long history in our country.  Of course that is no license to continue a bad practice and most modern presidents have avoided direct personal attacks on judges and justices.  Most importantly, the criticism of the judges in the Ninth Circuit in my view are unwarranted and unhelpful.  The executive order on immigration was, as I have previously stated, poorly drafted, poorly executed and poorly defended.  The law favored the President and still does.  Yet, through remarkably causal drafting, the Administration gave judges a target rich environment in the first executive order. While I disagree with fundamental parts of these opinions, the result had more to do with the sloppy drafting of the order than any bias of the judges.

Here is the column.

Continue reading “Trump and The Courts: Presidential Attacks On The Courts Have A Long History”

$5,000 Hamburger: One Claims It Was ‘Absolutely Worth It’. No, It Was Not.

By Darren Smith, Weekend Contributor

While I consider myself to be more of libertarian and believe individuals should be able to spend their money as they please, no matter how foolishly, there are times where conspicuous consumption is so insulting and demeaning to those who have little it can only be described as a bit immoral.

I read a review by Robert Frank of CNBC of a restaurant that serves a Five Thousand Dollar Hamburger created by Chef Hubert Keller’s “Fleur” restaurant at the Mandalay Bay in Las Vegas. The articles author claims the burger was “absolutely worth it.”

Obviously, I don’t doubt the quality or the hype–reportedly twenty-eight of these burgers have been reportedly sold so far–congratulations to them for being such a good business model and their windfall but what is the social cost to this level of arrogant consumption given that ordinary people must work to pay for basics.

Continue reading “$5,000 Hamburger: One Claims It Was ‘Absolutely Worth It’. No, It Was Not.”

Law Professors File Ethics Complaint Against Kellyanne Conway

A group of 15 ethics law professors from around the country has filed bar charges against  White House counselor Kellyanne Conway.  For full disclosure, Conway is one of my former students at  George Washington University Law School (she graduated in 1995).   The letter from 15 professors alleged ethical violations of government rules as well as  “conduct involving dishonesty, fraud, deceit or misrepresentation.”  Most of the allegations in the letter are, in my view, without merit and seem overtly political.  The one issue that has already been raised in Congress and has a legal foundation is the alleged endorsement of Conway of the product line of Ivanka Trump.  That is a technical violation of federal rules, but the question is whether it was a venial rather than mortal sin.  The “violation” was the result of a side comment by Conway on television criticizing the decision of Nordstrom to drop the line.  The White House Counsel’s office let it be known that Conway had been “counseled” over the infraction.  However, ethics charges should not be a form of politics by other means and, with all due respect to these accomplished academics, this letter strikes me as raising largely political objections to Conway’s work as a spokesperson for the Administration.

Continue reading “Law Professors File Ethics Complaint Against Kellyanne Conway”