Category Archives: legal news

AG Garland rises to occasion

As I look at and listen to Attorney General Merrick Garland I am filled with an odd sense of fulfillment … and I wonder if he feels something akin to it, too.

In early 2016, President Barack H. Obama nominated Garland to the U.S. Supreme Court to succeed the iconic conservative Justice Antonin Scalia, who died suddenly while vacationing in Texas. Garland had served with distinction on the D.C. Appeals Court, so Obama thought he’d be a good fit for the highest court in the land.

The Republican majority leader in the Senate said “not so fast.” He blocked Garland’s appointment by declaring we were “too close” to a presidential election. Mitch McConnell wanted to wait until the 2016 election concluded. He was hoping the GOP nominee would win. His dream came true with the election of Donald J. Trump, who then selected the first of three justices to the high court.

Garland by then had gone back to work on the D.C. bench. Then came another nomination from another president, Joe Biden, who wanted Garland to become attorney general. The Senate, now in Democratic hands, approved his nomination and Garland is now standing his post at DOJ.

He is doing, in my view, the kind of stellar job of enforcing the law one would expect of him, given his credentials as a fair-minded jurist.

Yes, I saw the GOP stiffing of his nomination to the SCOTUS as a tragic event. McConnell demonstrated the kind of arrogance I frankly didn’t think was possible.

What’s more, I shudder to think what could happen after the 2022 midterm election and the GOP resumes control of the Senate. What might occur if another vacancy occurs on the SCOTUS, say, in early 2023. Would the Senate stiff the current president as it did the earlier one, citing the same specious reasoning for disallowing a nomination to go forward as prescribed by the U.S. Constitution?

I fear that would be the case.

Meanwhile, AG Merrick Garland is doing his job at Justice with supreme skill. It is just as many of us knew he would do.

johnkanelis_92@hotmail.com

DOJ weighs in with indictment of Bannon

If we were waiting for U.S. Attorney General Merrick Garland to announce his intention on how he would handle a contempt of Congress citation for a key adviser to Donald J. Trump, well … we need not keep waiting.

A federal grand jury answered it for us when it indicted Steve Bannon on a charge of contempt of Congress.

That means without question that the DOJ takes Congress’s subpoena of Trump administration advisers and aides seriously enough to indict them on federal felony charges.

We have just witnessed a serious warning shot to others who will follow Bannon’s lead in refusing to appear before a House select committee that is looking into the 1/6 events and the riot incited by Trump.

Garland said the Justice Department remains committed to following the law, which he said has occurred with the grand jury indictment of Steve Bannon.

Will the former POTUS adviser plead guilty to avoid a trial? Or will he go all the way? I don’t know how he intends to defend himself. He cannot possibly claim to operate under presidential executive privilege authority; courts have ruled already that Trump no longer possesses that authority. President Biden won’t grant it, either.

We now will get to watch whether the Department of Justice has the muscle to go the distance with this matter. Let’s hope it flexes its muscle accordingly.

johnkanelis_92@hotmail.com

Abortion = heartburn

There’s no denying the fact that abortion as a political issue gives me serious angst that borders on heartburn.

The U.S. Supreme Court eventually is set to rule on whether Texas highly restrictive anti-abortion law passes constitutional muster. The smart money says the court, with its 6 to 3 conservative majority, is likely to say that the state can ban abortions at any period after the sixth week of pregnancy.

I believe the court would make a grievous mistake if that’s the ruling it delivers.

Does that make me “pro-abortion?” No. Let me rephrase that: Hell no. It doesn’t nothing of the sort. I consider myself to be pro-life. Why? Because I cannot — and never would — counsel a woman to get an abortion were she to ask for my counsel on that matter. Nor can I sanction government to mandate that a woman cannot make that choice herself after counseling with her partner, her faith leader, her deity, her conscience.

That decision is a woman’s alone! Period. End of discussion.

The court well could rule that the 1973 Roe v. Wade landmark decision — another case emanating out of Texas — is no longer “the law of the land,” or is “settled law.” Earlier SCOTUS decisions have upheld Roe v. Wade. This one well could upset that legal precedent.

It would be a mistake.

johnkanelis_92@hotmail.com

Elections do have consequences

Well, folks. We are going to find out in due course — possibly soon — just how consequential presidential elections always have been.

The issue at hand is abortion and whether the Texas strict anti-abortion law will withstand judicial review. I happen to believe the law is unconstitutional, that it runs counter to what we long have thought was “settled law.” That the Roe v. Wade decision handed down by the U.S. Supreme Court in 1973 had been settled, that women had a constitutional right to terminate a pregnancy.

Oh, but wait. The issue is likely to end up in front of the SCOTUS again. Here is where the election issue comes in.

The 45th POTUS nominated three justices on the court. He was able to cement the conservative majority. The court is now lined up with six conservatives and three liberals. The conservatives, with — with Justices Amy Coney Barrett, Brett Kavanaugh and Neil Gorsuch on board — well might decide that the Texas law is OK after all.

A federal judge in Texas, Robert Pittman — appointed by President Barack Obama — has declared the Texas law to be unconstitutional. It’s headed already to the Fifth Circuit Court of Appeals, which well could reverse Judge Pittman’s 100-page ruling. You can count on the Justice Department to take this matter up on the judicial ladder.

Hmm. Do you think Pittman’s ruling will hold up? Neither do I.

We need to ponder this when the time comes to ponder the next presidential election.

johnkanelis_92@hotmail.com

Hoping judge’s ruling holds up

It is easy for me to cheer a ruling by a U.S. district judge in Texas that bans the state’s abortion ban.

I will cheer the ruling by Judge Robert Pittman. I fear the ruling won’t hold up.

Pittman said the state law that bans abortion after a woman has been pregnant for six weeks cannot be upheld. I agree with him. Then again, I am not a lawyer, let alone a judicial scholar.

The state law is cruel in that most women don’t even know they are pregnant until after six weeks. That didn’t stop the Legislature from enacting and Gov. Greg Abbott from signing it into law.

Pittman was selected for the federal bench by President Obama, which I suppose gives you a clue as to his political leaning … not that it should matter when it regards court rulings. Right?

The state is going to appeal Judge Pittman’s ruling. It will work its way through the appellate court system. It might even find its way to the U.S. Supreme Court, with its 6 to 3 conservative majority.

At least for the time being, though, the judicial system has come to the aid of women desperate to maintain control of matters that only they should be allowed to decide.

johnkanelis_92@hotmail.com

Texas AG under the gun

Texas Attorney General Ken Paxton is a disgrace to the office he occupies.

Thus, it is no surprise that he would lash out at the Texas State Bar’s decision to investigate his specious lawsuit that sought to overturn the 2020 presidential election results in four states that Joe Biden won over Donald J. Trump.

Paxton makes me sick. There. I got that off my chest.

Two of the AG’s pals, Gov. Greg Abbott and Lt. Gov. Dan Patrick, came to his defense in their criticism of the Bar’s probe.

As the Texas Tribune reported:

Greg Abbott, Dan Patrick defend Ken Paxton over Texas bar investigation | The Texas Tribune

This Texan, meaning me, knows as well that Paxton is awaiting trial for securities fraud after being indicted by a Collin County grand jury. I also know that several of his top legal eagles quit the AG’s office and filed a whistleblower complaint that Paxton has engaged in criminal activity while serving as attorney general; the FBI is looking into that complaint.

Now the Bar has come forward with a complaint of its own, contesting the legitimacy of the lawsuit that Paxton filed with the U.S. Supreme Court over the results in other states. The court tossed the lawsuit out, saying that Paxton didn’t have standing.

The man is a disgrace. He needs to go. I do hope the Republican primary challenge he faces next spring can bring about the much-needed result … which would be his ouster.

johnkanelis_92@hotmail.com

Roe v. Wade far from ‘settled’

If you thought the landmark Supreme Court decision that legalized abortion in the United States had become “settled law,” you had better think again.

The 1973 Roe v. Wade decision is now under a full frontal assault by Texas Gov. Greg Abbott and the Republican-controlled Texas Legislature. Texas now has a law on the books that prohibits a woman from obtaining an abortion as early as six weeks into her pregnancy.

President Biden calls the law “unconstitutional.” The current Supreme Court ruled 5 to 4 to let the law take effect even though it is being contested by multiple lawsuits.

One of the four dissenting justices, Stephen Breyer, calls the SCOTUS decision “very, very, very wrong.”

The Texas Tribune reports: The Texas law is novel for incentivizing private citizens to police abortions. It empowers anyone living in the state of Texas to sue an abortion provider or anyone else they suspect is “aiding and abetting” abortions after the six-week mark. Those opposing the law say this may be far-ranging and could include the abortion provider or anyone who provided transportation to a woman, or counseled or referred a woman for an abortion.

Stephen Breyer calls Supreme Court decision on Texas abortion law ‘wrong’ | The Texas Tribune

There’s a fascinating bit of irony at play here. Conservatives proclaim proudly that they oppose what they call “judicial activism.” They say they dislike court decisions that go beyond the Constitution’s strict adherence to original intent.

From my perch in North Texas, it appears that most of the court’s conservatives — except for Chief Justice John Roberts, who sided with the liberal wing — are engaging in a raw form of judicial activism by dismissing the lawsuits and declaring that a law that is being challenged should take effect.

Wouldn’t a “conservative” court just let the litigation play out and stay out of the way?

Settled law? Not when you have a group of judicial activists on the nation’s highest court.

johnkanelis_92@hotmail.com

AG Garland, you need to look into POTUS 45’s plot

By John Kanelis / johnkanelis_92@hotmail.com

Merrick Garland has long been considered a fair-minded, reasonable, rational man who isn’t an overly partisan public official.

Thus, the U.S. attorney general can be counted on to do the right thing even in the face of intense political pressure.

I cannot possibly know this to be true, but I am willing to bet that AG Garland is getting a snootful of pressure to investigate the shenanigans orchestrated by the former president of the United States. They deal with POTUS 45’s relentless efforts to overturn what has been called “the most secure election in U.S. history.”

Is there an effort here to undermine the government? To subvert the democratic process? To actually mount what has been called a coup by the former POTUS to snatch the presidency back from the guy who defeated him in the 2020 election?

If there was a coup in the works, my understanding of the word “treason” tells me that POTUS 45 is guilty as the dickens of seeking to plot against the government he took an oath to defend and protect.

I don’t know what Merrick Garland will do. Nor do I know even if he is talking behind closed doors at the Justice Department about whether he should investigate the former POTUS. My hunch is that he has had that conversation with his top deputies.

Presidents are supposed to temporary occupants of the office they take. That is the case with President Biden’s immediate predecessor. His insistence on fomenting the Big Lie about phony vote fraud allegations tells me he does not believe that to be the case.

Merrick Garland has some studying — and perhaps some serious soul-searching — ahead of him.

Class-action lawsuit possible?

By John Kanelis / johnkanelis_92@hotmail.com

If ever there could be a case for a class-action lawsuit against a high-profile public figure, I am beginning to think that elections officials throughout this great nation might have one.

The former Slanderer in Chief has defamed the reputations of county, state and local elections officials everywhere by insisting that the 2020 presidential election was “rigged,” that it was fraught with “widespread voter fraud” and that it was “stolen” from him.

Class-action suits usually are filed by large numbers of people or groups who contend they have been damaged by allegations made in public that defamed their character.

POTUS 45 has done all of that, and more, by suggesting the 2020 election didn’t really deliver the presidency to Joe Biden, that the former POTUS actually won in a “landslide.” Has he produced a scintilla, a shred, a sliver, a smidgen of proof for any of this? No! He just says these things and others believe him.

I do not believe anything that flies out of the liar’s pie hole.  Nor should anyone else … but they do, to their shame.

I have known too many dedicated elections officials in counties where I have worked over nearly 40 years in daily journalism. They all take their jobs seriously. They all take an oath to defend the Constitution and have followed that oath to the letter.

I realize I am not King of the World. For that matter, neither is the former POTUS who once declared that “I, alone, can fix” what is wrong with the nation. The stark truth is that he hasn’t fixed a damn thing. Just maybe there might be enough justice left in this world for local elections officials whose reputations have been damaged to take legal action against an individual who embodies political corruption in its lowest form.

No need to pack SCOTUS

By John Kanelis / johnkanelis_92@hotmail.com

Hell hasn’t exactly frozen over, but the rare moment of my agreeing with a conservative legal scholar has arrived.

Jeremy Dys writes in The Hill that there exists no clear reason to expand the ranks of the U.S. Supreme Court, or to “pack” it to make it more palatable to us liberals.

I happen to agree with him.

Furthermore, I wish the lefties among us would just pipe down and let the judicial branch of our federal government do the job granted to it by the U.S. Constitution.

Dys and I come at this from different perspectives. He believes the court’s “center-left demise” has been exaggerated. I happen to believe that elections have consequences, as we learned to our dismay — I hasten to add — with the election in 2016 of the moron who got impeached twice by the U.S. House of Representatives.

He exited the White House in disgrace. However, he was able to nominate three individuals to the high court and much to the surprise of many of us, the judicial troika he selected hasn’t fallen in lockstep with whatever judicial philosophy POTUS 45 wanted them to follow.

No reason to pack the court | TheHill

Justice Stephen Breyer is not sending any strong signals that he is about to retire from the court. The liberal justice’s successor would not change the ideological balance on the SCOTUS. I do have a fear that if the GOP gets control of the Senate after the 2022 election that its leadership will stall any nomination process the way it did in 2016 when Justice Antonin Scalia died and the Senate denied President Obama the chance to select a successor to the conservative judicial icon.

But that’s how it goes.

I just dislike the notion of monkeying around the size of the Supreme Court because the politics of the moment do not suit one side of the political divide.