Category Archives: legal news

Garland’s stock keeps rising

Merrick Garland’s stock keeps appreciating, in my humble view, as he weathers the storm of criticism being heaped on him by the far-right wing of the political horde that awaits some finality in what the U.S. attorney general determines regarding Donald J. Trump.

We have at least one nutjob member of Congress filing impeachment papers against Garland. Why? Because he ordered the search of Trump’s Florida home for classified papers the ex-president squirreled away … illegally!

Right-wing media hounds keep referring to the search as a “raid,” implying that the FBI agents pounced on the former president’s home, behind his back. Good grief! Garland performed this act by the book. It was legal and totally constitutional.

He is defending the agents and others within the Justice Department who have come under fire by the right-wingers who — were they investigating a Democratic former president — would be the darlings of the conservative media.

And I was struck by a particular phrase he used in defending the agents and other DOJ staffers. He declared his pride in “working alongside them.” Think of that for just a moment. There was no self-aggrandizement in that statement, no sense of “they work for me, therefore I am better than they are.” No. He stands shoulder to shoulder with the men and women he calls “patriotic public servants.”

Garland is a stellar public servant himself. I am glad he’s on the job. I also am grateful that President Biden persuaded this top-notch legal mind to stand firm in the face of criticism he had to know was coming his way.

Stand tall, Merrick Garland … and stay strong. The nation needs you.

johnkanelis_92@hotmail.com

Is Trump … guilty?

Let’s see if we can sort out what Donald Trump once said about those who invoke the Fifth Amendment, shall we?

While campaigning for the presidency in 2016, Trump said that only those with something to hide would cower behind the amendment that protects Americans against self-incrimination. If they’re guilty of something, they take the Fifth, he said.

The slathering faithful to whom he was speaking in ’16 would whoop, holler and applaud and start chanting “Lock her up!” while referring to his political opponent back then, Hillary Rodham Clinton.

We fast-forward to this week and Trump gets summoned to the New York attorney general’s office. What does the former Crook in Chief do? He invokes the Fifth Amendment more than 400 times!

Media reported he answered precisely one question: What is your full name?

Attorney General Leticia James is looking into allegations that Trump falsified his net worth to obtain favorable loans and to head off legal action taken against him. He exaggerated his worth for the former and low-balled his assets for the latter … allegedly!

Which is it? Is The Donald guilty of something? Does he have something to hide?

And to think that there are a substantial number of Americans out there would want to see the former Charlatan in Chief given access to the nation’s nuclear codes once again.

Go figure.

johnkanelis_92@hotmail.com

Trump takes Fifth

So, what do we have here? A former president who used to vilify others for taking the Fifth because they are “guilty” of something now has — get ready for it — done that very thing.

Donald John Trump was summoned to speak to the New York attorney general’s office. He didn’t answer any questions. Instead, he fell back on his constitutional protection against self-incrimination.

Hey, it’s legal. He can do that. He broke no law.

New York AG Tish James is conducting an investigation into the Trump Organization’s business practices. The ex-POTUS has called her probe a witch hunt; he has accused her of being racist.

Trump also has denied doing anything illegal. He has said so repeatedly. Which begs the question:

If the former president is clean, why must he hide behind the Fifth Amendment of the U.S. Constitution?

johnkanelis_92@hotmail.com

Term limits for SCOTUS justices? Oh, c’mon!

You are entitled officially now to consider your friendly blogger to be a constitutional originalist, meaning that the founders got it right when they established lifetime appointments for members of the federal judiciary.

Oh, but let’s hold on.

Some congressional Democrats want to rewrite the Constitution by establishing that Supreme Court justices are limited to serving just 18 years on the nation’s highest court. They don’t like the makeup of the current court and they want to shake things up in a way that, to my way of thinking, well could bring the framers jumping out of their graves.

This is a preposterous solution to an issue that is the result of the electoral process.

This term-limit idea comes from Rep. Hank Johnson, D-Ga. His bill also would require presidents to nominate two justices to the court during his or her term in office.

Oh, sigh.

In a statement accompanying the legislation, Johnson attacked the current makeup of the Supreme Court, saying that the Court is “facing a legitimacy crisis” because of its conservative majority, and because five of six conservatives were appointed by Presidents who did not win a majority of the popular vote.”

“This Supreme Court is increasingly facing a legitimacy crisis,” Johnson said. “Five of the six conservative justices on the bench were appointed by presidents who lost the popular vote, and they are now racing to impose their out-of-touch agenda on the American people, who do not want it.  Term limits are a necessary step toward restoring balance to this radical, unrestrained majority on the court.”

Democrat Bill Would Impose Term Limits On SCOTUS Justices, Mandatory Replacements Every Two Years | The Daily Wire

Let me make this point one more time. Donald Trump did not win the popular vote in 2016. President George W. Bush, though, did win the popular vote in 2004 prior to nominating Chief Justice John Roberts and Associate Justice Samuel Alito to the court. However, that misses a fundamental point: Both Trump and Bush won election to the presidency because they garnered more Electoral College votes than their opponents. Their elections were legal, yes, even though many of us detested the result.

The founders sought to de-politicize the federal judiciary by granting judges lifetime appointments. I will acknowledge freely that the courts have become political, however. As for the argument that Rep. Johnson and other Democrats have said about the court lacking “legitimacy,” that argument falls most directly on the head of conservative Justice Clarence Thomas, who should recuse himself from any decision involving Trump’s Big Lie.

Again, is that a sufficient reason to rewrite the Constitution? No. It isn’t.

The best way to bring needed reform in the selection of our federal judiciary is to elect presidents and members of Congress who will nominate and then approve federal judges more to their liking.

The system never has been perfect. Then again, the framers only vowed to create a “more perfect Union.

johnkanelis_92@hotmail.com

Cruz is correct on gay sex? Wow!

It surely doesn’t occur often, when U.S. Sen. Ted Cruz and your friendly blogger — that would be me — are on the same side of an issue.

Get a load of this: The Texas Republican junior senator told the Dallas Morning News that the state needs to repeal its decades-old law that bans gay sex. How come? Because of the U.S. Supreme Court’s 2003 ruling that declared the state gay sex ban is unconstitutional.

“Consenting adults should be able to do what they wish in their private sexual activity, and government has no business in their bedrooms,” Cruz’s spokesperson told the newspaper.

I need to shake my marbles loose. I am shocked to hear such wisdom coming from Cruz or from any of his spokespeople.

Ted Cruz says Texas should repeal its now-defunct anti-sodomy law | The Texas Tribune

The state also had a law on the books that banned same-sex couples from engaging in intimate activity. They called it the “anti-sodomy law.”

I am not going to gush freely over what appears to be a sort of epiphany from the Republican lawmaker. As the Texas Tribune reports: But questions over the future of that precedent have surfaced after the Supreme Court overturned Roe v. Wade in June. Both the 1973 abortion case and the gay sex case, known as Lawrence v. Texas, were decided based on the idea of a constitutional right to privacy.

I have this nagging concern that should the Supreme Court rule in the future that “rights of privacy” also no longer apply to sexual relationships, that it might decide that states, indeed, can make laws such as the Texas ban on same-sex marriage.

What would Cruz say about that ruling? I guess I have come down on my belief that I don’t trust Ted Cruz to stand by what looks like a reasonable statement.

johnkanelis_92@hotmail.com

Go for it, Mr. AG

Given that I consider Attorney General Merrick Garland to be a man of high honor, integrity, honesty and candor, I will take him at his word when he declares …

That he would be willing to prosecute a former president of the United States for crimes against the government if the evidence he gathers leads him to that decision.

Even if it “tore the country apart”? asked NBC News anchor Lester Holt.

Yes, Garland said. Even that will not dissuade him from holding “everyone” accountable who has committed a crime involving the 1/6 insurrection.

“So, if Donald Trump were to become a candidate for president again, that would not change your schedule or how you move forward or don’t move forward?” Holt asked.

“I’ll say again that we will hold accountable anyone who is criminally responsible for attempting to interfere with the transfer — legitimate, lawful transfer of power from one administration to the next,” Garland answered.

Merrick Garland does not rule out prosecuting Trump over Jan. 6 (msn.com)

OK. Are we clear? Must we continue to hector, pester and harangue the AG over his intentions? That is unwise.

President Biden chose a man of impeccable integrity to become the nation’s chief law enforcement officer. I remain committed to the belief that AG Garland will do his duty thoroughly and completely.

I also happen to believe that Donald J. Trump should be prosecuted. But …  that ain’t my call.

I am going to hold out hope that if the facts lead us to Donald Trump’s feet that the attorney general will do what he must do to hold “everyone accountable” for the dastardly deed of seeking to overturn a free, fair and legal presidential election.

johnkanelis_92@hotmail.com

Verdict scores victory for Congress

Steve Bannon’s conviction today in a federal courtroom on two counts of contempt of Congress gives the lie to the notion that Congress lacks any way to enforce charges it brings against those who break the law.

The House select 1/6 committee had cited Bannon — a former key adviser to Donald Trump — for contempt of Congress when Bannon refused to answer a subpoena issued by the panel. Congress sent the matter to the Department of Justice, which then indicted Bannon.

The federal trial ended after just a few days and then delivered the goods to Bannon: Guilty on both counts!

Bannon the blowhard now faces two years — max! — in federal prison.

This is an important victory for the rule of law in this country. Steve Bannon sought to defy that rule by giving the House panel the finger in his refusal to testify about what he knew about the 1/6 insurrection.

The House panel, chaired by Democrat Bennie Thompson, instead turned to the DOJ, which is solely responsible for bringing criminal charges against those accused of federal crimes.

It had been fashionable to scoff at Congress’s efforts to make witnesses follow the rules. Important men and women have too often thumbed their noses at congressional committees, thinking that they don’t have to do what Congress orders them to do.

Today, the pendulum swung back in Congress’s favor.

I’m glad to see the verdict that delivered justice to someone who thought he was bigger than the law.

johnkanelis_92@hotmail.com

Back to the beginning on marriage?

Wow. I didn’t ever think we would reach this point after the Supreme Court ruled in 2015 that men could marry men and women would marry women.

We’re now watching the U.S. House of Representatives enacting legislation that makes same-sex marriage — and same-sex intimacy — legal all over again. A bipartisan bill seeks to head off a possible future Supreme Court ruling that could make gay marriage illegal in this country.

What in the world are we doing to ourselves?

U.S. Sen. Ted Cruz, R-Texas, recently said the SCOTUS ruling legalizing gay marriage was wrong. Cruz is wrong. Not the court, which ruled that the 14th Amendment to the Constitution guarantees all Americans the right to due process and equal protection under the law.

But wait a second! The nation’s highest court struck down the law legalizing abortion and is sending signals it could do the same thing to gay marriage and perhaps even interracial marriage.

Yikes, man!

The House vote doesn’t codify what shouldn’t even be on the table. The Senate has to approve it but needs 60 votes to make it law. A 50-50 split between Democrats and Republicans, though, signals that the Senate might not have the votes to do the right thing.

That would be to enact a federal law that strengthens the high court’s decision legalizing gay marriage.

I am shaking my noggin utter disgust.

johnkanelis_92@hotmail.com

Cruz is the one who’s wrong!

Rafael Edward Cruz says the Supreme Court decided wrongly when it legalized same-sex marriage in this country.

Well, the junior Texas Republican U.S. senator — to my total non-surprise — is about as wrong as he can get on that one. The Cruz Missile, indeed, has misfired once more.

The court ruled in 2015 in the noted Obergefell v. Hodges case that same-sex marriage is as legal as heterosexual marriage. It was seen as a monumental victory for the “equality movement” that said gay couples shouldn’t be discriminated against on the basis of whom they love.

I believe the court ruled correctly. My benchmark lies in the 14th Amendment to the U.S. Constitution; the final clause of Section 1 declares: “nor shall any State deprive any person of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.”

Yes, no one should be denied “equal protection of the laws.” What part of that clause does Sen. Cruz reject?

Sen. Ted Cruz said the Supreme Court wrongly decided Obergefell, the ruling that legalized same-sex marriage (msn.com)

Ted Cruz and other archconservatives are feeling mighty smug these days in the wake of the court’s 5-4 ruling to overturn Roe v. Wade, the 50-year-old landmark ruling that had legalized abortion. Cruz and other right-wingers now are drawing a bead on gay marriage.

Cruz is about as wrong as anyone can get, at least from my perspective, in condemning the court’s ruling on the Obergefell case. The way I read the 14th Amendment tells me — without equivocation — that no American should be denied the right to marry whomever they wish.

That is precisely what “equal protection under the laws” provides all Americans … no matter what.

johnkanelis_92@hotmail.com

How does this guy get elected?

Ken Paxton always evokes a response from me whenever I see his name in the news.

It goes like this: How in the world does this guy manage to get elected and re-elected as Texas attorney general despite (a) being under indictment for securities fraud, (b) subjected to criticism from whistleblowers who allege he is corrupt as hell and (c) fights to fend off a Texas Bar Association lawsuit that seeks to disbar him from the practice of law? 

Paxton, a Republican, is fighting a State Bar lawsuit alleging that the legal profession’s governing body is biased against him. Hey, the clown sought to overturn the 2020 presidential election with a lawsuit that got tossed immediately into the crapper by the U.S. Supreme Court.

The justices ruled that Paxton had no legal standing to sue to have another state toss out legally cast ballots for president.

That’s the basis for the State Bar’s lawsuit. It seems to this layman we have an issue with basic legal competence.

As for the indictment, that came down from a Collin County grand jury in 2015, right after Paxton took office. He has been stalling and fighting the start of his trial ever since. They still don’t have a trial date set.

Oh, and seven of his top legal assistants quit in 2020, citing complaints against Paxton that he had an inappropriate relationship with one of his big campaign donors. The legal eagles have accused Paxton of bribery. The FBI is conducting an investigation.

Good grief! This clown has been sullied and soiled ever since he took office. The State Bar of Texas is just the latest example of the kind of legal trouble our state’s top lawyer has been facing.

So, I circle back to my question: How in the world does this moron manage to get elected? He is running this year for his third term as AG. I hate thinking that Texas voters really are so stupid to keep electing a crook for attorney general.

johnkanelis_92@hotmail.com