Category Archives: legal news

legal news

Sanity must prevail … or else

By JOHN KANELIS / johnkanelis_92@hotmail.com

I am a firm believer in judicial sanity, which is to say that sane minds are likely to prevail in the face of insane legal challenges.

Thus, we have a U.S. Supreme Court roster of justices who will get to decide whether a lawsuit brought forward by Texas Attorney General Ken Paxton has merit and is worth hearing.

Judicial sanity would seem to dictate that this is a slam dunk for the nation’s highest court. It should toss the matter aside. My hope for the sake of judicial sanity prevailing is that it does so with a terse statement that says in effect: Texas has no standing to bring this case to this court.

Paxton, who appears to be a lousy lawyer, wants the SCOTUS to overturn the results of four states that voted Nov. 3 for President-elect Joe Biden. From the get-go my question has been this: How in the name of election meddling can one state purport to intervene in the electoral affairs of another state? 

Therein might lie the case for judicial sanity presenting itself. The high court should tell AG Paxton to mind his own bee’s wax and butt the hell out. He cannot bring a lawsuit against four states that all have certified the results of their presidential balloting results.

I would say that sanity is a sure thing to prevail, except for this: 17 states’ attorneys general have joined Paxton’s clown show and signed on as intervenors in this idiotic lawsuit. All the AGs have swilled the Donald Trump Kool-Aid and are seeking — and this is as rich as it gets — to overturn the legitimate electoral results of a free and fair election.

I believe in the U.S. Constitution. I believe in the power of reason. I continue to believe that judicial sanity is going to have the final say on this profoundly un-American legal challenge.

legal news

D’oh! It’s about a pardon?

2 Comments

By JOHN KANELIS / johnkanelis_92@hotmail.com

I am just slapping myself upside my own noggin.

Two blog posts have commented on Texas Attorney General Ken Paxton’s goofy lawsuit that seeks to overturn the presidential election results in four states that President-elect Joe Biden won over Donald Trump: Georgia, Wisconsin, Michigan and Pennsylvania.

Now comes the chatter over the GOP Texas AG’s lawsuit. The dipsh** is angling for a pardon from Trump.

D’oh! Why didn’t I snap to that conclusion.

The FBI is investigating Paxton on allegations leveled by former top legal aides in the Texas AG’s office. They contend that Paxton broke the law by dishing out favors for a key political crony/ally/contributor. In come the feds to look more closely at the allegations. Trump, of course, has the power to grant a full pardon for any federal crime or suspicion of a federal crime.

That might explain why Paxton is launching this idiotic legal challenge. I have yet to see a serious legal or constitutional scholar suggest that the challenge Paxton is mounting has an ounce of legal merit. They have labeled it everything from a fishing expedition to a publicity stunt.

There well might be a pardon in the Texas attorney general’s future if Donald Trump gives a damn about what Ken Paxton is trying to do.

Reprehensible!

legal news, political news, State news

Paxton seeks to bask in some perverse glory

2 Comments

By JOHN KANELIS / johnkanelis_92@hotmail.com

I have concluded, based on zero hard data and only on my inherent bias that I admit to freely, that Texas Attorney General Ken Paxton is hellbent on making a spectacle of himself.

He seeks to bask in some sort of perverse glory derived from Donald Trump’s idiotic pursuit of “widespread voter fraud” where none exists. Thus, Paxton has filed a lawsuit with the U.S. Supreme Court that seeks to overturn the free and fair election results in four states that cast most of their votes for President-elect Joe Biden in the just completed presidential election.

Paxton’s alleged “logic” is beyond belief.

He says the four states — Michigan, Wisconsin, Pennsylvania and Georgia — changed their voting rules in an unconstitutional fashion by allowing more voters to cast their ballots using the U.S. Postal Service. He wants the high court, therefore, to toss out those states’ election returns.

To its credit, the SCOTUS — with three justices nominated by Donald Trump already aboard — has declared already that another lawsuit brought by a Pennsylvania GOP member of Congress has no merit; it has tossed it aside with a single-sentence ruling.

So what the hell is Paxton trying to do here? I mean, the dude already is in trouble already. He is awaiting trial in Texas courts for securities fraud allegations. He also is being investigated by the FBI for allegedly doing favors illegally for a campaign donor. Seven key legal aides have quit or been fired by the AG after they blew the whistle on what they allege is illegal conduct.

The word on Paxton is that he was a mediocre lawyer prior to his election to the Texas Legislature, where he didn’t distinguish himself as the author of much key legislation. Then he got elected Texas AG in 2014 and was almost immediately showered with suspicion when a Collin County grand jury indicted him for securities fraud.

Now this? The AG must have a screw loose.

Let me be as clear as possible: Joe Biden won the election; there is no evidence of the kind of “widespread” fraud that Trump and his Trumpster Team allege. Even the U.S. attorney general, William Barr, has reached that conclusion.

Ken Paxton needs to stop meddling in other states’ affairs.

legal news

‘Yes’ on lifetime appointments!

By JOHN KANELIS / johnkanelis_92@hotmail.com

Let’s shout out a cheer for the U.S. Supreme Court and the Constitution that allows its justices to receive lifetime appointments as part of the federal judicial branch of government.

The court has tossed out with little comment yet another frivolous lawsuit that sought to get the Pennsylvania legislature to overturn the results of the 2020 presidential election. The suit, brought by Republican U.S. Rep. Mike Kelly, wants to hand Pennsylvania’s electoral votes to Donald Trump instead of Joe Biden, who won them in a free and fair election on Nov. 3.

What is so gratifying is that the high court ruled unanimously against the complaint brought by the Trumpkin Kelly. That means Trump’s three appointees — Justices Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett — ruled against The Donald.

Hey, this is a big deal. Why? Because Trump declared it essential to have a nine-member court seated to enable him to win a close call in any complaint brought to challenge the results of the election.

Well, it wasn’t a close call. The justices, all of them, saw fit to toss this latest complaint onto the scrap heap where it belongs.

Yes, the nation’s founders had the right idea when they established a judiciary that should be as free as possible from political pressure.

legal news

Texas AG files ridiculous lawsuit

By JOHN KANELIS / johnkanelis_92@hotmail.com

Texas, we have an attorney general who is now showing the extent to which he is willing to engage in cheap publicity stunts and it’s going to cost us all a pretty penny to boot!

Ken Paxton has filed a lawsuit seeking to overturn the presidential election results in four states: Georgia, Wisconsin, Pennsylvania and Michigan. They were states that President-elect Joe Biden won over Donald J. Trump.

The basis of Paxton’s lawsuit is as idiotic as the complaints that Trump has pursued in all those states: Paxton contends there was widespread voter fraud that resulted in Biden’s election as president.

Oh, let me add: Paxton doesn’t provide a shred of evidence of such voter fraud in his filing with the U.S. Supreme Court. Indeed, judges in all those states have dismissed summarily complaints that the Trump campaign has filed. What’s more, they have counted the ballots three times in Georgia, with the result remaining the same: Joe Biden won the state’s 16 electoral votes.

Good grief, man. Paxton already is under investigation himself for allegations of criminal activity brought to light by whistleblowers who used to work in his office. They have all left the AG’s office, either by dismissal or resignation.

Now we have the AG engaging in a patently stupid attempt to meddle in other states’ electoral business.

The Texas Tribune reports:

In a filing to the high court Tuesday, Paxton claims the four battleground states broke the law by instituting pandemic-related changes to election policies, whether “through executive fiat or friendly lawsuits, thereby weakening ballot integrity.”

Paxton claimed that these changes allowed for voter fraud to occur — a conclusion experts and election officials have rejected — and said the court should push back a Dec. 14 deadline by which states must appoint their presidential electors.

I will predict right here that this lawsuit will get as much traction as any of the legal actions that Trump’s team has filed already in state and lower federal courts already. Which is to say it will go nowhere.

The Texas attorney general is engaging in a patently absurd fishing expedition … and wasting Texans’ valuable taxpayer money.

legal news, national news

Replace ‘defund’ with ‘reform’ the police

By JOHN KANELIS / johnkanelis_92@hotmail.com

I didn’t come up with this theory, but I am going to endorse it.

It goes like this: Democrats didn’t do as well on down-ballot races during the 2020 election because voters might have been alarmed at the slogan “defund the police” that many progressive candidates appeared to support.

Republicans chipped away at Democrats’ majority in the U.S. House and they well might maintain their slim majority in the U.S. Senate if Democrats fail to capture two seats in the Georgia runoff election set for next month.

What was the trigger? Protests erupted around the nation after the hideous death of George Floyd by Minneapolis cops. One of them is charged with murder in Floyd’s death. The protests declared it was time to “defund the police” in communities around the nation.

I am quite unsettled by that notion. I realize now that “defunding” police departments really didn’t mean disbanding municipal or county police agencies. Efforts took root in many cities to re-allocate police money to community services.

I am much more comfortable with the idea that we need to “reform” police practices in many communities, make the cops more sensitive to how others perceive them when they arrest minority residents and how they treat them once they are in custody.

Former President Barack Obama, who has re-entered the political arena with his full-throated support of President-elect Biden, spoke to this police issue the other day. He expressed concern about the “defund” slogan and whether too many Americans took it literally.

Communities need police protection the way they need fire protection, or water service, or having their garbage picked up. I am unaware of any serious American who favors lawlessness on our streets.

Am I frightened by the conduct of officers who react as those cops did in Minneapolis when George Floyd was killed seemingly because he was a black man who committed a misdemeanor offense? Absolutely, I am! I also am frightened by other reports in other communities of police officers shooting African-Americans who weren’t resisting arrest, or were running away from officers.

Defunding police departments, though, is not the answer … even in the form it is actually taking. We should change the discussion topic to “reform the police,” which is where I hope President Biden can take this discussion as we move it forward.

legal news

Barr does the right thing … finally!

By JOHN KANELIS / johnkanelis_92@hotmail.com

U.S. Attorney General William Barr, who’s been accused of acting more like Donald J. Trump’s personal attorney than a defender of the U.S. Constitution, has issued a statement that, to be candid, surprised me.

He said that the Justice Department has found no evidence of widespread voter fraud that could have any impact on the outcome of the presidential election.

Holy crap, man! Haven’t many of us out here been saying that? Sure we have!

Whatever the case, the AG has made a declaration that is music to me. It likely sounds like fingernails on the blackboard to one Donald Trump, to which I say: that’s just too damn bad!

The POTUS vows to continue his idiotic hunt for results that will turn around an election that President-elect Biden won handily. He is going to bleed funds from his campaign coffers to search for some court somewhere in the U.S. of A. that will declare there to be fraud where none exists.

For that matter, were I a Trump campaign contributor, I would be mighty pi**ed off that Trump is using this money for a foolish quest to prove wrongdoing where none exists.

Barr’s statement now guarantees he’ll get a nasty Twitter blast from Donald Trump. Mr. Attorney General, you should wear it proudly.

legal news, State news

Texas AG feels the heat

By JOHN KANELIS / johnkanelis_92@hotmail.com

Ken Paxton is supposed to be fixated solely on the nuts and bolts of his job as Texas attorney general.

He isn’t focused on those details. Instead, he is looking over his shoulder at a reported FBI investigation into whether he broke the law by handing out favors to a political donor.

I consider these questions to be a debilitating factor that takes the AG’s eyes off the mission, which is to represent the state on myriad legal matters.

A number of Paxton’s key AG’s office legal eagles have asked the federal government to examine whether the attorney general has committed criminal acts. They have either resigned, put on leave or been fired by the attorney general.

At least one major Texas newspaper, the Dallas Morning News, has called on Paxton to resign immediately. The Morning News contends that Paxton no longer can serve effectively as the state’s top law enforcement officer, based on the federal investigation that reportedly has commenced and on the state trial on securities fraud that is still pending.

Indeed, it is impossible in my view for the attorney general to work on behalf of the state while the FBI presumably is looking high and low to determine whether there is anything to the allegations that the AG’s top aides have raised.

I get the part about the presumption of innocence. However, the cloud is darkening over Paxton and his tenure as attorney general.

At issue is whether Paxton intervened on legal matters involving Nate Paul, a major donor to Paxton’s campaigns. Paxton’s aides suggest he broke the law; their complaints involve allegations of bribery.

This isn’t going down well with many of Paxton’s fellow Republicans. Some have called the allegations “concerning.” Others have said Paxton should quit.

The drama is going to play out eventually, or one should hope.

Texas needs an AG who isn’t sullied by these types of questions.

Thus, you can count me as one who continues to believe Ken Paxton should resign.

legal news, local news, State news

Time to quit, Mr. Texas AG

By JOHN KANELIS / johnkanelis_92@hotmail.com

It is highly doubtful a major Texas newspaper read my blog from this past month before declaring it is time for Texas Attorney General Ken Paxton to resign from public office.

Here is what I wrote on Oct. 7:

https://highplainsblogger.com/2020/10/should-ag-paxton-quit/

Now the Dallas Morning News has weighed in with a strong and meticulously reported editorial that says it’s time for Paxton to go.

The Sunday DMN laid out in detail the transgressions that Paxton has allegedly committed. Now, I won’t take credit for influencing the Morning News’s editorial position. Oh, what the heck … I’ll take all the credit I deserve.

Still, for the major newspaper which happens to be Paxton’s hometown newspaper — as he represented Collin County in the Legislature before being elected AG in 2014 — to call for his immediate resignation is a big deal, man.

Read the Morning News editorial here.

It wasn’t enough that a Collin County grand jury indicted Paxton on securities fraud. He still is awaiting trial five years after the indictment. Oh, no. Seven top AG’s office legal eagles blew the whistle on allegations of criminal activity within the office. They have called for a federal investigation of the myriad allegations they have leveled.

Paxton has managed to fire most of them; others have quit.

The AG’s credibility is blown to smithereens.

Hit the road, AG Paxton.

legal news, national news

GOP wins SCOTUS battle; however …

By JOHN KANELIS / johnkanelis_92@hotmail.com

It’s done.

The U.S. Senate’s Republican majority had its way with the confirmation of Amy Coney Barrett to the U.S. Supreme Court. She was confirmed in a 52-48 vote. Not a single Democratic senator voted “yes” on this travesty; one Republican senator, Susan Collins of Maine, voted “no.”

The GOP Senate majority can now look back on the hypocrisy it displayed in jamming this nomination through to confirmation. Many of the Senate Republicans who endorsed Barrett’s nomination said four years ago that no president should be allowed to fill a SCOTUS seat during an election year.

Yet here we are today. Barrett will take her oath and join the court, delivering a solid right-wing conservative majority to the court possibly for decades. Then she well might get to decide whether this election should stand. Hmm. Imagine how she’s going to rule in a case involving the individual who nominated her to the nation’s highest court and who might challenge an election result that delivers a seeming victory to Joseph Biden.

The process that produced Justice Barrett simply stinks beyond measure.

It is known that “elections have consequences.” We have seen the consequence of electing one Donald J. Trump to the presidency, which is the confirmation of a third nominee to the highest court in America.

I do hope the next electoral consequence will be Donald Trump’s defeat next week.