Category Archives: Law

The Justices Take a Landmark Step. Unwillingly.

Mark your calendar. Beginning May 4 and ending May 13, the Supreme Court of the United States will make history. It took the coronavirus pandemic to do it, but over six dates the Court will hear oral arguments on ten cases, and the people of the United States will be able for the first time to hear those arguments as they happen.

This is happening because the Court, like most of us, is practicing Covid-19 social distancing protocols, with the justices and staff working mostly from their homes. The Court first delayed these arguments, then decided to hold the hearings via teleconference.

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L’état n’est pas Donald Trump

L’affaire Trump has entered a new stage. In a scathing eight page letter to Democratic leaders in the House of Representatives, White House counsel Pat Cipollone declared that Donald Trump “cannot participate” in the House’s impeachment inquiry, complaining the “inquiry lacks any legitimate constitutional foundation, any pretense of fairness, or even the most elementary due process protections.”

The Trumpies of course love the letter even though it reads like Trump himself sketched it out, filling it with his long list of lies and manufactured grievances, and then handed it to Cipollone. I can imagine Cipollone struggling to take out Trump’s usual adjectives like, “lil’ Adam Schiff,” and adding some legalese. The resulting argument would get a failing grade in anyone’s first year Constitutional Law course.

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The Whistle Blows for Trump

I won’t even try to fight it, as I did in my last blog. Now the whistleblower’s complaint has been released and so was a summary memo describing the telephone conversation Donald Trump had with the President of Ukraine.

Please, I beg you. READ the complaint and the telephone call memo. Make up your own mind. Beware the pundits and the spinners. Even me. It remains both inexplicable and frustrating to me that two people can look at the same material and come to different conclusions. But that’s life. What I can’t abide is people voicing an opinion without having read the material. Each document is only a handful of pages long. Make the effort.

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Parliament: At Least Debate

One of the more esoteric debates in academia for those studying politics is the contrast between the American form of government, with a strong executive and an elected legislature wielding equal power, with the democratic parliamentary system in which the elected legislature is the ultimate power, the head of state subservient to it and the executive chosen by it. In other words, America v. England.

I frequently got into this debate with my father, a true Anglophile, and we never resolved the issue. The compare and contrast form of discussion was, in many way, ironic because of the historical circumstances. England had a strong executive at the time of the American revolution. King George III reigned at that time, had considerable real power compared with today’s Queen Elizabeth II, and was for Americans the perfect example of a leader to be avoided.

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Again With the Guns

I have now learned that a great way to increase the amount of public participation on your blog is to talk about guns. The feedback on my last post set a record.

I have also learned that having a reasonable debate on this subject is pretty much impossible. There is so much disinformation out there that people involved in the discussion seem to be speaking different languages.

Part of the problem is that there really is, as I noted in the last post, not a lot of good data on the effects of gun ownership and gun regulation. I know that sounds crazy and I have to tell you, as one who believes in making informed data driven judgments it is very frustrating. But it is true mostly because the government, which funds much of the academic research in the United States, has for years forbidden the organizations responsible for public health and safety to fund studies into the causes of death by gunfire. That leaves us arguing, for example, on the effectiveness of the assault weapons ban which expired in 2004. 

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RE: Barr Memo RE: Meuller Report

I thought we should wait to write about the Mueller Report until we had actually read it. Silly me.

We have now seen an incalculable amount of ink and airtime expended reporting on and analyzing the report by special counsel Robert Mueller into “any links and/or consultation between the Russian government and individuals associated with the campaign of President Donald Trump, and any matters that arose or may arise directly from the investigation.”

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Journalism? When Pigs Fly!

I could never have anticipated this post. In fact, I can see myself sitting in my journalism class alongside my friends, Marc, Mark and David, Alanna and Lori, and my professors, Isaacs, Patterson, Wood and Friendly. What I wonder, would have happened if I had predicted that 45 years later I would write, and publish where anyone in the world could see it, a commentary containing a reference to a “dick pic”? Never have received my degree, probably.

For those of you who have been on the far side of the moon, shielded from any electromagnetic radiation emanating from earth, a quick recap. Jeff Bezos, who the style books demand must be referred to as, “Jeff Bezos, the richest man in the world,” on first reference, woke up one morning to find himself on the front page of the National Enquirer.

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One generally finds the Enquirer at the supermarket checkout, where it might come in handy if the store is out of toilet paper. This issue featured the details of Bezos’ impending divorce, along with pictures of Bezos and a woman, not his wife, who he was reportedly seeing.

In spite of the headline, I am not going to argue that this report is not journalism. The press has a special place in the history of the United States. It is the only occupation specifically protected by the Constitution. The framers who wrote that document knew exactly what they were doing. They had employed the press to spread the word, sometimes false, about British abuse of colonialists. That helped fan the flames of insurrection. In fact, I’ve often thought the British might have won the Revolutionary War if they had just confiscated every printing press in America.

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