Category Archives: legal news

AG faces immense pressure

Merrick Garland has put a brave face on an investigation he is conducting into the activities of the 45th president of the United States. I get that the U.S. attorney general doesn’t want to give away his game plan, but I want to flesh out a couple of issues the AG is facing.

Garland is being pressured by congressional Democrats and some within the White House to hurry up his probe into what Donald Trump did and did not do during the 1/6 insurrection. He says he won’t buckle under the pressure. I hope he holds true to his pledge. However, is he able to withstand it?

Garland would set an astonishing precedent were he to seek to indict a former POTUS. It’s never happened in the history of this republic. Given the precedent-setting nature of such a proceeding, it seems only natural that the AG would want to ensure that he dots every “i” and crosses every “t” properly, that he leaves no doubt of the validity of an indictment, were he to seek it.

To be absolutely certain, indicting a former president would enrage the significant — but reportedly shrinking — base of voters who continue to cling to Donald Trump’s standing as the leading Republican in the nation.

AG Merrick Garland is every bit as human as anyone else. Thus, he feels the heat. Whether it will determine the course he follows remains one of the key questions of the moment. Indeed, Garland has pledged to “follow the law wherever it leads.” OK. I am on board with that.

The stakes of where this probe might take us all, though, requires that the attorney general get it right. Thus, the calls for a hurry-up job appear to be self-defeating … which could inflict possibly mortal wounds on our democratic process and the rule of law.

johnkanelis_92@hotmail.com

GOP exhibits astounding hypocrisy

As the nation prepares to hail the U.S. Senate confirmation of Judge Ketanji Brown Jackson to a spot on the U.S. Supreme Court, I want to call attention briefly to something that became so evident during her confirmation hearing before the Senate Judiciary Committee.

Republicans who oppose Judge Jackson’s nomination to the court have dredged up bits and snippets of decisions she has delivered and then accused her of not telling the whole truth about why she made those decisions.

Here is where the hypocrisy shows itself in all its ugliness. These same GOP senators voted twice for a man who during his single term as president told an estimated 36,000 lies, according to a survey done by the Washington Post. They voted twice for a serial liar in 2016 and again in 2020. The good news for the nation is that in 2020, most American voters cast ballots for Joe Biden, sending the former Liar in Chief out the door.

What will stick in my craw likely until the day they throw me into my grave will be the hypocrisy exhibited by the likes of Sens. Ted Cruz, Josh Hawley, Tom Cotton, Marsha Blackburn, Thom Tillis, Lindsey Graham and others as they concocted reasons to oppose an eminently qualified candidate for the nation’s highest court.

They should be ashamed. Except that they have no shame.

johnkanelis_92@hotmail.com

KBJ to make history

Forgive me for using the initials to describe the next associate justice to the U.S. Supreme Court. KBJ, of course, is the distinguished judge Ketanji Brown Jackson, who today stands poised to join the nation’s highest court as the first Black woman ever nominated for the post.

Judge Jackson will make history when the full Senate casts its vote to confirm her. Indeed, she received a needed boost toward a bipartisan confirmation when Republican Sens. Mitt Romney of Utah and Lisa Murkowski of Alaska joined GOP Sen. Susan Collins of Maine in announcing their support for Judge Jackson’s nomination.

With all 50 Senate Democrats set to hold firm, KBJ will be confirmed later this week.

This is a big deal, folks. Even some Republican senators noted the historical significance of President Biden’s nomination of Judge Jackson in announcing their intention to oppose her joining the SCOTUS.

Many Republican senators have noted Jackson’s stellar qualifications, her background, her temperament, her courage, her legal brilliance. They cannot support her, they said, because of her “judicial philosophy.”

Yeah … whatever.

Leave it to bomb-throwers like Ted Cruz of Texas, though, to say that Judge Jackson will become the most “far left” judge in Supreme Court history. I don’t take seriously anything that comes out of Cancun Ted’s pie hole these days. I mean, anyone who would abandon his constituents who are freezing to death by jetting off to Cancun — as Cruz did a year ago — only has earned Texans’ scorn.

Back to Judge Jackson’s pending confirmation …

This is a gigantic event. I applaud President Biden for keeping his 2020 campaign pledge by appointing a supremely qualified African American woman to the nation’s highest court. I applaud those senators who have supported her nomination. And I salute Judge Ketanji Brown Jackson for the service to the country she is about to deliver.

johnkanelis_92@hotmail.com

Don’t spend my money, Mr. AG

The hits just keep mounting for Texas Attorney General Ken Paxton. Not only is Paxton in a Republican Party runoff to keep his job, he is being pounded for spending taxpayer funds to pay for his legal defense against complaints over the way he conducts his office.

What a joke! Except that I ain’t laughing.

Paxton reportedly spent at least $43,000 in public money to pay for legal defense fees. The Texas State Bar filed complaints alleging misconduct over Paxton’s specious lawsuit seeking to overturn the 2020 presidential election result. Critics have noted that the Texas Constitution does not require AGs to be members of the State Bar and they contend it is inappropriate for taxpayers to foot the bill for a public official’s private law license.

There is that, as well as the pending state trial over allegations that Paxton committed securities fraud violations. He has been under felony indictment since 2015, the first year of his time as attorney general.

My own wish is that Paxton just resign. He is an embarrassment to the state.

Now comes the news that he is using public money — my money and your money — for private use.

Keep your grubby mitts off my dough, Mr. AG!

johnkanelis_92@hotmail.com

Blunt said this about KBJ?

Roy Blunt, the lame-duck Republican U.S. senator from Missouri, said some strange things about Judge Ketanji Brown Jackson today while being interviewed on ABC News.

Blunt said Jackson’s expected confirmation to the U.S. Supreme Court will be a “high point” in U.S. history; he said she is well qualified; that she has a good educational background; that it is past time for the SCOTUS to have an African American woman among its ranks; that she has a good legal mind.

Then he said he will vote “no” on her confirmation. Why? Because of her judicial philosophy.

Good grief!

It was a bizarre recitation that exhibited Blunt’s political cowardice as he prepares to retire from the Senate at the end of the year.

I cannot recall ever hearing someone say so many positive things about a political appointee before declaring he wouldn’t support that person to the seat to which she has been nominated.

Weird. Simply weird.

johnkanelis_92@hotmail.com

GOP senators sought Fox air time

Leave it to the senior Republican on the Senate Judiciary Committee to seemingly own up to the truth about his GOP colleagues’ questioning of Ketanji Brown Jackson during her confirmation hearing on her nomination to join the U.S. Supreme Court.

Ranking Republican Chuck Grassley of Iowa all but admitted to a constituent that the GOP line of questioning was intended mainly to put the senators’ faces and voices on the Fox News Channel.

Do you think, Sen. Grassley?

A woman on TikTok told Grassley that was her opinion, that Sens. Ted Cruz, Josh Hawley, Tom Cotton and Marsha Blackburn were seeking face time on Fox. “I don’t dispute that,” Grassley responded.

Well … what’s done is done. The senators got their wish.

However, many millions of Americans — such as yours truly — came away from the hearing thinking far better of Judge Jackson for the poise and stamina she exhibited and far less of the senators who exposed their ignorance and boorishness.

johnkanelis_92@hotmail.com

GOP concocts reasons to oppose SCOTUS pick

Dang, I hate to say “I told you so” … but I told you Senate Republicans were going to make up reasons to oppose the Supreme Court nomination of Judge Ketanji Brown Jackson.

The latest made-up reason comes from GOP U.S. Sen. Richard Burr of North Carolina, who said he opposes Judge Jackson because of her position on “court packing,” a move progressives favor to expand the Supreme Court from nine members to 13 or 15.

For the record, I don’t favor court-packing, either. So there. I have cleared the air on that matter.

Still, a Supreme Court justice has no say on the composition of the court. That matter is decided by Congress. Justices don’t vote on it. It’s a purely legislative matter. So, why does Sen. Burr oppose Judge Jackson ascending to the nation’s highest court? Beats the devil out of me, except that he’s a Republican senator and the man who nominated Jackson to the SCOTUS, President Biden, is a Democrat.

That’s it! Or so it seems!

Judge Jackson is “well qualified,” according to the American Bar Association, which also gave its highest rating to Justices Amy Coney Barrett, Brett Kavanaugh and Neil Gorsuch, all of whom received Burr’s endorsement. Oh, wait! A Republican president, a guy named Trump, nominated them.

The good news? Judge Jackson is a heavy favorite to be confirmed by the Senate.

The phony reasons for opposing her … be damned!

johnkanelis_92@hotmail.com

SCOTUS needs ethics rules

The United States Supreme Court has existed since the founding of the Republic and it has functioned — more or less seamlessly — without needing a policy that lays down ethics requirements for the individuals who interpret the constitutionality of our federal laws.

It damn sure needs one. Justice Clarence Thomas clear and unequivocal conflict of interest involving his participation in decisions involving the 1/6 insurrection have demonstrated the need for the high court to set forth ethics boundaries that justices should never cross.

The Supreme Court is the only federal judicial panel that doesn’t have an ethics policy on the books.

Thomas’s wife, Virginia, is a right-wing political activist who reportedly lobbied the White House chief of staff to overturn the results of the 2020 presidential election. Mrs. Thomas believes the election was “stolen” from Donald J. Trump and has made no effort to conceal her belief in the nut-job conspiracies that continue to thrash around over The Big Lie.

Justice Thomas, meanwhile, has continued to hear cases involving The Big Lie, refusing to recuse himself from any discussion, deliberation and decision-making involving 1/6.

The SCOTUS has no rule prohibiting the justice — the longest-serving member of the court — from taking part. Good grief, man! Is there no clearer demonstration of Justice Thomas’s bias on this matter? The court voted 8 to 1 to require The Donald to turn his presidential papers over to the 1/6 House committee; Justice Thomas cast the only vote in dissent.

Justice Thomas simply needs to resign. Short of a resignation, he needs to recuse himself from anything to do with the insurrection.

And the court should establish a hard-and-fast policy regarding ethical conduct. It can start by demanding that no justice can participate in decisions on cases involving their spouse!

johnkanelis_92@hotmail.com

GOP senators show ugly side

Ketanji Brown Jackson is going to be confirmed by the U.S. Senate and will take her seat soon on the U.S. Supreme Court. I feel comfortable making that presumption. However, I cannot let go of what we all witnessed from the Republican Party side of the dais at the Senate Judiciary Committee confirmation hearing.

What did we see? We saw senators parse and nitpick their way through the judge’s stellar judicial record and question her on issues that have next to nothing to do with the cases that will come before the nation’s highest court.

Sens. Ted Cruz, Lindsey Graham, Josh Hawley, Tom Cotton and Marsha Blackburn were especially reprehensible in their conduct as they grilled President Biden’s nominee to the court, where she will succeed Justice Stephen Breyer at the end of the court’s current term.

What stood out to me first and foremost was the poise that Judge Jackson exhibited as these senators took turns interrupting her while she sought to answer the questions they threw at her. I sat in my North Texas home watching this spectacle unfold and I actually thought: How in the world would I handle this kind of hectoring, haranguing and harassment? My answer? I couldn’t! I would storm out of the hearing room!

Thus, I would hand Judge Jackson the highest praise I can muster for the way she exhibited the poise and grace that her questioners all lacked. Indeed, it was Sen. Graham who huffed and puffed his way out of the hearing twice after completing his interrogation of Judge Jackson, who remained seated for hours on end, answering ridiculous question after ridiculous question.

It is clear that the GOP Senate caucus was aiming at a constituency beyond the room, the QAnon-loving cabal of voters who embrace notions of child molestation and pornography among politicians. Hence, we saw senators asking Judge Jackson to speak to sentencing practices involving criminal defendants accused of child porn crimes, which the judge referred to as a “small subset” of her entire legal career.

The GOP caucus behaved disgracefully. The target of their vile behavior, though, will take her place among the ranks of justices who interpret the Constitution. She made history already by being the first Black woman ever nominated to ascend to this high court. I remain confident Judge Ketanji Brown Jackson’s history-making career only will glorify her … and the nation she serves.

I also am quite sure history will be unkind to those who sought to besmirch her.

johnkanelis_92@hotmail.com

Recusal or resignation?

Oh, how I wish U.S. Supreme Court Justice Clarence Thomas would just leave the nation’s highest court and let others on the panel with a semblance of ethics and an understanding of the law make these critical decisions.

He likely won’t, given that he is defiant in the extreme to concerns about whether he is guilty of grievous conflicts of interest. That leaves recusal. Justice Clarence Thomas needs to declare right now — at this very minute — that he will not take part in any deliberation or decision involving the 1/6 insurrection.

Thomas’s wife, Ginni, is a right-wing political activist who reportedly lobbied the White House to do whatever it could to overturn the 2020 presidential election, which Donald Trump lost to Joseph Biden. Justice Thomas has failed to recuse himself. He has failed to recognize the obvious conflict of interest in his participation in anything to do with the 1/6 insurrection, which involved his wife in a direct manner.

Justice Thomas already has revealed his bias by casting the lone vote to allow The Donald to block sending presidential papers to the 1/6 House committee.

I cannot think of a more obvious conflict of interest than what we are witnessing in real time with Justice and Mrs. Thomas.

If he won’t quit the court, then for God’s sake he needs to recuse himself from any deliberation involving the insurrection. Or … Chief Justice John Roberts needs to tell him, “Clarence, we have a serious problem … ” and then suggest to him that he recuse himself.

The Supreme Court is the only federal court that lacks a code of ethics. It is a self-policing body.

I still want Clarence Thomas to resign from the nation’s highest court. If he won’t, then by all means — if you “love the law” as you say you do — then just stay the hell away from these decisions involving the insurrection.

johnkanelis_92@hotmail.com