Category Archives: legal news

Judicial activism anyone?

RICHFIELD, Utah — A federal judge in Amarillo, Texas, has offered yet another example of how the MAGA cult of the Repubican Party has turned traditional GOP orthodoxy on its ear.

The standard GOP mantra used to be that the party hated activist judges, that they shouldn’t “legislate from the bench.”

Well, welcome to the new world of GOP judicial activism.

It reared its repulsive puss in the form of U.S. District Judge Matthew Kacsmaryk, who ruled this past week that the abortion drug mifepristone shouldn’t be used to terminate a pregnancy. He suspended its use, which the Food and Drug Administration approved more than 20 years ago, and which women for decades have relied on to end health-endangering pregnancies.

I write this blog while sitting in a community that likely endorses the judge’s activist stance. No worries. I’ll be gone in the morning.

To suggest that the judge has launched a legislative battle from the bench is to be guilty of grotesque understatement.

The judge is a Donald Trump appointee. He succeeded an iconic figure in Texas Panhandle judicial circles, the late Judge Mary Lou Robinson, who likely never — not in a million years — would have tossed out judicial precedent in the manner exhibited by her successor.

Kacsmaryk has done the dirty work of the GOP members of the MAGA cult in Congress. Never mind that most Republicans oppose the judge’s decision, along with a significant majority of all Americans, who want to protect a woman’s reproductive rights.

The Justice Department has filed an appeal with the 5th Circuit Court of Appeals and is preparing to take the matter to the top of the judicial food chain, the U.S. Supreme Court.

As for Judge Kacsmaryk, he has tossed aside GOP political precedent by invoking the most judicially activist position possible in wiping out women’s rights.

I am fairly confident that the women, along with many milliions of other Americans, are going to have their say when the 2024 election rolls around.

johnkanelis_92@hotmail.com

It’s the ‘rule of law’

The “rule of law” has nearly become a cliche, given the frequency of its use by politicians on both sides of the great divide.

It is much more than that, of course. The rule of law needs to apply to every single citizen of this great country, even former presidents of the United States.

Thus, it is critical to view the indictment of Donald Trump on 34 counts relating to his hush-money payment to adult film star Stormy Daniels as a victory for the rule of law.

Trump’s allies on the right wing of the Republican Party say that an ex-POTUS is above being prosecuted, that the Manhattan district attorney overstepped his authority by persuading the grand jury to indict Trump.

The translation of that, naturally, is that the rule of law doesn’t apply to an ex-POTUS.

Baloney! It damn sure does apply. Indeed, it must apply if the judicial system is going to work as the founders designed it. Either we cherish the system or we toss it aside.

I am going to cherish it with the hope that the rule of law will run its complete course.

johnkanelis_92@hotmail.com

Come clean, Mr. Justice … or else!

Supreme Court Justice Clarence Thomas should be in a world of hurt right now, but he isn’t. Not by a long shot.

Why? Because the court on which he has served since 1991 has no rules governing its members’ conduct.

Oh, my … that needs to change!

It has been revealed that Thomas accepted ritzy travel gifts from a rich Republican donor, Harlan Crow of Texas, without reporting them to authorities. Thomas  now says he was advised by others that he didn’t need to do such a thing and, of course, accepting such extravagant gifts did nothing to influence his rulings on political matters.

Democrats are outraged over these findings. They have good reason to be angry. They also are a bit dispirited because they have few legislative options in Congress available to them.

Thomas is a walking case of judicial hypocrisy. The high court demands that lower courts set strict ethical standards and requires them to enforce them strictly. The SCOTUS, though, is immune from such protection. Justices are free to flout the rules whenever they please. Clarence Thomas is the worst of the bunch.

He needs to be impeached by Congress and put on trial for his ethical transgressions. Will it happen? Hah! Hardly.

The man is a disgrace to the court and to the nation.

johnkanelis_92@hotmail.com

This ain’t Wal-Mart, Mr. Justice

Clarence Thomas once declared he is favors RVs and Wal-Mart parking lots over luxury vacation retreats.

He said he comes from “simple stock.”

Oh, really, Mr. Supreme Court Justice? How does he explain the luxurious vacations he and his wife, Ginni, took on the dime of a wealthy Republican donor? Well, he isn’t talking because the Supreme Court doesn’t have any ethics rules for justices to follow.

Justice Thomas is a hypocrite of the lowest order. He needs to be resign from the court. The House ought to impeach him. The Senate ought to try him and he ought to be removed from the court.

Recall, too, how Justice Thomas voted against rules sanctioning the 45th POTUS after it was revealed that Ginni Thomas is a vocal supporter of The Big Lie about the 2020 election, which she contends was “strolen” from the ex-POTUS.

Good grief! This baloney has got to stop.

johnkanelis_92@hotmail.com

Belief in the system

I happen to be a staunch and faithful believer in the U.S. criminal justice system, the one that relies on everyday folks such as you and me to deliver justice in the form they believe fits.

With that, it is incumbent on me to forgo any bitching about a system that could produce a verdict in a high-profile case involving a former POTUS who has just been indicted on unspecified charges involving a hush money payment he made to a woman with whom he allegedly had a one-night tumble in 2006.

I’ll tell you where I am going with this. Even though I want a criminal trial jury to convict Donald Trump of whatever he is being charged, I need to stipulate that I must accept an acquittal if that is what the jury decides in due course. I won’t like the verdict, but in the interest in fealty to my faith in the system, I need to accept it.

There is no way to predict what a trial jury would decide, even if it goes to trial. I am just preparing myself for the worst outcome, but you won’t see me marching in the streets to protest whatever a jury would decide.

Unlike the defendant in this case, I believe in the integrity of the system, in the Manhattan, N.Y., district attorney who presented the evidence to the grand jury and in the grand jurors who acted in good faith to deliver their indictment.

The ex-president won’t ever acknowledge that the system worked the way it is designed to work. Fine. Let him bitch.

I won’t stoop to his level of cynical ignorance.

johnkanelis_92@hotmail.com

‘Protests’ … again? Good grief!

Let’s see how this will play out, given what happened the last time POTUS 45 called on his followers to “protest” an election result in which he lost.

The ex-POTUS appears to be headed for an indictment by a Manhattan, N.Y., grand jury on allegations that he misspent money to pay a porn star to be quiet about a tryst he said didn’t occur. Weird, eh?

Well, if an indictment is in this individual’s immediate future, we now can expect some “protests” from his MAGA followers. How might it end? Well, the 1/6 insurrection offers a glaring example of how “protests” such as what the ex-president is now calling for might end up. It will end badly.

The criminal justice system is doing its job. Pure and simple. There is no “rigging” of the system that is going to result in a former POTUS being indicted for criminal activity. The evidence is there. He directed his lawyer at the time to write a check to the porn star; the question is whether he violated the law in doing so.

I believe he did. But that’s just me.

As for the “protests,” the traitors who adhere to The Big Lie and who believe their hero did nothing wrong need to be very careful.

johnkanelis_92@hotmail.com

‘No!’ to using public money for payout

Dade Phelan is putting his foot down as speaker of the Texas House of Representatives and my hope is that the Legislature follows his lead.

Phelan opposes any notion of the Legislature appropriating taxpayer money to pay Attorney General Ken Paxton’s settlement with several lawyers who filed a whistleblower complaint against the state’s AG.

Paxton and the lawyers reached a settlement that requires Paxton to pay $3 million without admitting any guilt or issuing any apology for the complaint they filed. He will avoid any accountability for this latest (alleged) transgression.

Phelan told KTVT Channel 11 news that spending public money is an inappropriate use of taxpayers’ funds. I happen to stand with the speaker on that one. How does Paxton come up with the money he will have to pay? I don’t know, nor do I give a damn.

The settlement does spare the state from having to pay for an expensive trial, so in a significant sense the agreement is a win for Texans. That doesn’t justify spending public money to pay off the attorney general’s penalty for firing the lawyers who acted out of conscience to expose what they believe is corruption within the attorney general’s office.

My personal preference would be for a state trial jury to convict Paxton of securities fraud, a charge for which a Collin County grand jury indicted him back in 2015. Paxton has been skating around any accountability for that allegation almost since the day he took office.

My plea at this moment? Stand firm, Speaker Phelan … and don’t let the Texas House approve any public money to pay this settlement.

johnkanelis_92@hotmail.com

Still waiting on AG

Merrick Garland has impressed me ever since I first heard of him as a man of high principle and of well … patience.

He once was selected to serve on the U.S. Supreme Court, but saw his nomination derailed in 2016 by Senate Republicans who decided to play politics with President Obama’s constitutional authority to nominate justices to the highest court in the land.

Garland went back to the DC Circuit Court bench until he got tapped to become attorney general in Joe Biden’s presidential administration.

He now is overseeing — even from some distance — investigations into the goings-on of Donald J. Trump. He has handed off a key probe to a special counsel, Jack Smith, who appears to be closing the circle around Trump. Smith has subpoenaed former Vice President Mike Pence to testify under oath to a grand jury looking into Trump’s incitement of the 1/6 insurrection.

My sincere hope is that Pence complies, takes the oath and tells the truth. Will he do the right thing? He’s a man of deep faith, so I believe the Bible instructs him to follow the law.

Meanwhile, AG Garland is biding his time in collecting information that will help him determine whether to indict Trump for (alleged) crimes he committed while he was getting ready to depart the White House.

I once hoped for a quick end to this probe. I have changed my mind, which I am entitled to do. I believe it is critical for the AG to get it right. A mistake in evidence-gathering would spell disaster for the rule of law and for holding Trump accountable for the crimes I believe he committed.

Merrick Garland just doesn’t strike me as a gun-toting buckaroo. I will have faith that he will deliver the correct decision at the correct time and in the correct context.

The AG is just too damn smart to blow this gig.

johnkanelis_92@hotmail.com

Will the ex-VP do the right thing?

Former Vice President Mike Pence often is held up as a paragon of moral rectitude, of unflinching loyalty to doing the right thing.

Well, we are going to learn — probably quite soon — whether the real man is true to his reputation.

A special counsel appointed to examine Donald Trump’s involvement in the 1/6 insurrection has subpoenaed Pence to testify before a grand jury. Pence was “in the room” when Trump exploded at him for his refusal to do Trump’s bidding on 1/6, which was to overturn the results of the 2020 presidential election.

Pence said he couldn’t do it, that the law wouldn’t allow it; nor would the U.S. Constitution. He was only able to preside over a joint congressional session that had gathered that day to certify the Electoral College result that elected Joe Biden president of the United States. That wasn’t good enough for Trump and he berated the vice president to break the law and violate his constitutional oath.

Special counsel Jack Smith wants Pence to tell him under oath what we all know happened that fateful and hideous day.

Will the ex-VP declare some bogus form of executive privilege — which he is not entitled to do — or will he answer the summons to talk to the investigators and tell them the whole truth?

From my seat in the North Texas peanut gallery, it looks for all the world as if Jack Smith is getting ready to do something really significant in this probe. He just needs one of the key players in this drama to come clean on what he knew and when he knew it.

johnkanelis_92@hotmail.com

SCOTUS needs ethics rules

Leadership by example is the best kind of leadership I can find among those in position to assume positions that enable them to call the cadence for others to follow.

Why, then, doesn’t the nation’s highest court have a code of ethics and a strong enforcement policy in case the men and women who serve on that court mess up?

The U.S. Supreme Court is being drawn into the proverbial crosshairs of those who believe the highest court in the nation is failing itself and the judicial system by not leading by example.

Justices on the court have engaged in some mighty nasty side hustles of late. My favorite, of course, is Justice Clarence Thomas’s wife, Ginni, being involved in the MAGA movement to overturn the 2020 presidential election. It coincides with Justice Thomas being the only member of the nine-justice court to demand that Donald Trump turn over his White House records to the Justice Department during its probe into the 1/6 insurrection.

Coincidence? I think not!

However, there is nothing on the books at the Supreme Court building that enables anyone to take any action against Justice Thomas. There must be some law enacted that compels the court to establish a code of ethics and then ensures that the court punishes its members when they violate that code.

I recently interviewed a candidate for the Farmersville City Council here in Collin County. I asked him to describe his leadership ability. He said he leads “by example,” that he “wouldn’t ask someone to do something I wouldn’t do myself.”

That kind of creed ought to apply to the Supreme Court. It decides on others’ ethics issues all the time. If they break the rules and their case ends up in front of the nine justices, then the court has the power to decide whether a defendant broke the ethics rules.

Furthermore, lower federal and state courts have ethics rules they demand that judges follow. When is it ever OK for the court that oversees those lower courts’ adherence to the rules to be free of following rules of its own?

johnkanelis_92@hotmail.com