Category Archives: legal news

SCOTUS: above the law?

The irony is so rich you can slice and dice it, given the U.S. Supreme Court’s insistence that lower courts abide by strict ethics rules … but operates on its own without any such restriction.

We have three justices on the nation’s highest court who now have some serious — and possibly egregious — ethics troubles hanging over them.

They start with the chief justice, John Roberts and include Justices Clarence Thomas and Neil Gorsuch. The Senate Judiciary Committee had invited Chief Justice Roberts to visit with the panel about those questions, but Roberts declined, citing judicial independence.

Ridiculous.

Roberts’s wife is a headhunter for law firms, earning millions of dollars annually. The firms for which she works routinely have business before her husband’s court. Conflict of interest? Looks like it to me.

Justice Gorsuch sold some property to a lawyer with another mega firm, which also does business with the court. More conflict? Umm, yep!

Justice Thomas has demonstrated a nearly legendary lapse of judgment. His wife is part of the Big Lie crowd, believing the 2020 election was stolen from Donald Trump; a Texas gazillionaire has lavished gifts on the Thomases and the justice has failed to report them; the rich Texan also has purchased the justice’s mother’s home and allows her to live there rent free. What do you think about that? Yeah … conflict of interest.

But the court has no rules governing this conduct. There are no restrictions or reporting requirements demanded of the men and women who serve on the court.

These men all have one thing else in common: they are Republican-nominated justices.

Why mention the partisan label? Well, consider something else. Democratic Vice President Kamala Harris’s husband, Doug Emhoff, was a partner in an international law firm. By the time VP Harris was sworn into office, Emhoff quit his job, surrendering millions of dollars in income. Why? Because there might be a hint of conflict. He chose the right path and is now teaching law at Georgetown University, earning a handsome salary, but which is significantly less than he would have earned had he stayed employed by the mega firm.

No one can fire any of the justices, or the vice president. The only way to remove them from office is to impeach them and then convict them in a congressional trial. The three men mentioned here have ignored any pretense of ethical conduct; the vice president and her husband have chosen a more correct option.

There must be an accounting for the individuals who serve on the nation’s highest court. For the chief justice to resist any calls for ethics reform is to betray the high office he occupies.

johnkanelis_92@hotmail.com

Just quit, Justice Thomas!

Your humble blogger — that’s me! — has used this forum to call for Supreme Court Justice Clarence Thomas to resign because of what I believe is a conflict of interest involving his wife’s involvement with The Big Lie movement and the 2020 presidential election.

I now want to offer a brief explanation as to why it wouldn’t make a damn bit of difference on the high court.

The Supreme Court now comprises a 6 to 3 conservative majority. Thomas is one of the six; the others are Chief Justice John Roberts and associate justices Brett Kavanaugh, Amy Coney Barrett, Samuel Alito and Neil Gorsuch.

If Thomas left the court, it would still have a conservative majority, given that President Biden is likely to find a more, um, liberal judge to confirm to the court.

So, what’s the big deal? Justice Thomas no longer is able to serve on the court when his wife is actively involved in a matter involving the 2020 election, which keeps coming before the court on various rulings … which Thomas glaringly deviates from the majority by dissenting in favor of the 45th POTUS.

Then comes the news about Justice Thomas taking those lavish gifts from a billionaire Texan and refusing to report them, as he should have done. Good grief! Oh, and then the billionaire ends up buying a house for Thomas’s mother … and lets her live there rent-free!

Just resign, Justice Thomas.

johnkanelis_92@hotmail.com

Special counsel closes in

I am not a lawyer … and I don’t even play one on TV, but I have a hunch about a legal proceeding that I want to share.

It is that former Vice President Mike Pence’s testimony this week before a grand jury examining the 1/6 insurrection well might be the beginning of the end of Donald Trump’s idiotic quest for the presidency in 2024.

Special counsel Jack Smith summoned Pence to testify before the panel; Pence initially fought it, then he and the Pence-Trump legal team were told that the ex-VP had to testify.

Today, he did. Prosecutors sworn him to tell the truth and they then worked him over behind closed doors.

They likely asked Pence: What did Trump say to you in advance of the 1/6 assault on the government and what did you say to him?

I suppose it is possible that Pence could invoke the Fifth Amendment, which protects him against self-incrimination. Except that he isn’t the subject of the probe; Pence is a low-risk witness, given that on that terrible day he stood his ground and stood on the Constitution, which required him to do his duty that day, which was to preside over congressional certification of the Electoral College results from the 2020 presidential election.

Oh, yes, that’s the election that Joe Biden won over Donald Trump. 

Pence has told TV interviewers that Trump’s remarks that day were “reckless” and that they put “everyone in the Capitol that day” in dire danger. Indeed, traitors who stormed the Capitol threatened to assassinate Pence and then-House Speaker Nancy Pelosi.

What did Trump do to stop it? Not a damn thing!

That’s the kind of testimony that the former vice president of the United States can deliver to the special counsel and the grand jury that will determine whether to indict the former president of the United States.

My non-lawyerly gut tells me the special counsel’s hammer is about to hit home … as it must.

johnkanelis_92@hotmail.com

Move over, Clarence Thomas …

Now we hear that Supreme Court Justice Neil Gorsuch might be in a bit of a jam over ethical conduct.

What the … ?

First it was Justice Clarence Thomas, whose wife Ginni, got caught up in The Big Lie nonsense over the 2020 presidential election. She attended the rally in which Donald Trump urged the angry crowd to march on the Capitol and “take back” our country. It didn’t work out well. Then the justice cast the lone vote against a decision requiring the ex-POTUS to turn over documents to the National Archives. A connection? Hmm … looks like it to me.

Then came the Harlan Crow matter, with the Dallas zillionaire lavishing gifts on the Thomases, which the justice didn’t report.

Now comes Justice Gorsuch, who reportedly sold a $2 million piece of property to an executive with a mega-legal firm that does business with the court.

It all calls to question the lax ethical standards intended to govern the behavior of the nine men and women who serve on the nation’s highest court.

There needs to be an ethical standard for the nation’s highest court. Chief Justice John Roberts so far has refused to act. The Senate, which must confirm nominees to the federal bench, can do the right thing, if it can muster up the will. So far it has refused.

I daresay the nation’s founders are likely spinning in their graves over the politicization of the SCOTUS. They sought to remove the judiciary from the political arena. Their experiment has failed, sad to say.

The high court demands lower courts adhere to ethical standards. Yet it doesn’t have any such standards for its own justices to follow.

It’s a shameful (or shameless) dereliction of duty.

johnkanelis_92@hotmail.com

Electoral consequences are, um, lasting

As if anyone needs reminding of the consequences of electing certain individuals to public office …

Still, I am going to offer this brief reminder.

Donald Trump, in just a single term as president, was able to get three individuals seated on the U.S. Supreme Court; the court now comprises what they call a conservative “supermajority.” The justices who sit on the court are likely to outlive their political benefactor by many years.

Lower courts, too, will bear the impact of the recent POTUS’s appointment powers. Witness the decision handed down in Amarillo by Matthew Kacsmaryk , a U.S. district judge who tossed out the abortion pill based seemingly on his own personal opposition to abortion. Trump nominated this individual to the district court bench, and the Senate confirmed him. Still, elections have consequences, yes?

This is the kind of decision voters need to ponder when they prepare to cast their ballots, either for governor or president.

Trump is just the latest in a long line of politicians with appointment power who — in my view — abused that power by appointing men and women who provide the correct answers to what they call “litmus test” questions. Trump vowed to appoint anti-abortion judges and he made good on that pledge.

Thus, we see the most indelible effect of the consequence of any presidential election.

What is so maddening about the federal judicial appointment process is how political it has become, which to my viewing is counter to what the founders envisioned when they granted federal judges lifetime seats on the bench. Their effort was to de-politicize the federal judiciary; instead, it appears to have become more politicized today than ever in our nation’s history.

But then again, when we realize the consequences we face when certain politicians get elected president, this is what we get.

johnkanelis_92@hotmail.com

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