Category Archives: legal news

legal news, national news, political news

Congressional clown act isn’t so funny

The clowns who comprise a substantial portion of the U.S. Congress seem intent on deflecting criticism of the president’s firing of FBI Director James Comey.

They are staking out an openly transparent — and dubious — strategy in that attempt.

Donald J. Trump canned Comey while the FBI director was in the midst of an investigation into whether the Trump campaign colluded with the Russian government’s effort to influence the 2016 presidential election.

It’s the timing of the dismissal that has drawn the incoming fire.

Congressional Republicans are defending the president’s action by saying something like this: Leftists are angry because Trump did something they wanted done this past autumn when Comey sent Congress that letter regarding Hillary Clinton’s e-mails; so now that they’re getting what they wanted in the first place, they should be happy, not angry.

I heard Sen. Rand Paul, R-Ky., make that argument this morning. I damn near pitched something heavy at my TV set.

That is not the issue, Sen. Paul!

It’s the timing, dude. The timing!

I’m one of those Americans who was angry at Comey for releasing that letter to Congress just 11 days before the presidential election. He sought to inform lawmakers that his office had found some more e-mails that needed some examination. It likely helped stall Clinton’s march to victory, although I am not going to heap all the cause for Hillary’s defeat on the FBI director; she and her campaign made plenty of mistakes all by themselves while Trump and his team were doing things right.

Did I ever think Comey should resign, or should be fired?

In addition to the timing of Trump’s dismissing of Comey we have this White House’s stumble-bum explanation, which simply doesn’t hold up. The president said he was upset at the way Comey handled the Hillary e-mail matter. What the …?! Donald Trump the candidate thought Comey had done exactly the correct thing at the time — and he said so repeatedly as news was breaking in October.

Then we hear that Trump became angry because Comey was exerting too much energy on the Russia hacking matter, but then comes word from some in the White House that the firing had nothing to do with the Russia investigation. Holy mackerel!

Deputy White House press flack Sarah Huckabee Sanders said it’s time to “move on,” away from the Russia matter. Oh, no it isn’t, young lady! Far from it.

But this crap from congressional Republicans and Trumpkins all across the land that those who are critical of the firing are the same folks who wanted Comey canned in the first place are missing the point by a country mile.

Timing, as they say, is everything.

legal news

Break up the 9th U.S. Circuit? C’mon, get real

Donald J. Trump keeps ratcheting up his open combat with the federal judicial system.

The president wants to break up the 9th U.S. Circuit Court of Appeals because — doggone it, anyway! — the judges keep issuing rulings with which he disagrees.

Poor guy. That’s how it goes sometimes, Mr. President.

The 9th Circuit has ruled against the president’s ban on refugees seeking entry into this country from majority-Muslim countries. That just won’t stand in Trump’s world. So his solution is to dismember the court, which is based in San Francisco and is considered to be arguably the most liberal appellate court in the federal judicial network.

He said lawyers shop for friendly judicial venues and the president believes the 9th Circuit is a favorite forum to hear cases pitting the federal government against anyone else.

Give me a break.

Conservative courts have ruled against liberal presidents. Indeed, liberal courts have ruled against conservative presidents as well. Have presidents of either stripe been so thin-skinned that they’ve sought to break up an appellate court? Not until this one took office.

Leave the court alone, Mr. President.

A better option for the president would be to craft laws that can withstand judicial challenge. Federal judges in Hawaii, Washington state and Maryland all have found sufficient fault with the Trump administration’s effort to ban refugees to rule against them. Appellate judges have upheld the lower court rulings.

In a strange way this kind of reminds me of when President Franklin Roosevelt sought to tinker with the federal judiciary by “packing” the U.S. Supreme Court with justices more to his liking; he sought to expand the number of justices on the nation’s highest court. He didn’t succeed — thank goodness.

To be sure, Trump isn’t the only recent president to bully the federal judiciary. Barack Obama called out the Supreme Court while delivering a State of the Union speech in 2010 over its Citizens United ruling that allowed unlimited political contributions by corporations. The president was wrong to do so — in that venue — with the justices sitting directly in front of him.

The nation’s founders sought to establish an independent federal judiciary that ostensibly should be immune from political pressure. The president is seeking to bully the court system through a number of methods: He calls out judges individually and criticizes the courts’ decisions openly and with extreme harshness.

The 9th U.S. Circuit Court of Appeals needs to remain intact and the president needs to live with the consequences of how it interprets the U.S. Constitution.

legal news

RIP, Racehorse Haynes

I just heard that one of the more fascinating characters I’ve had the pleasure of meeting has passed away.

Richard “Racehorse” Haynes died early today. He was 90.

Man, I’ve got a short story I want to tell. So I believe I will.

Many years ago, when I was living and working in Beaumont, Texas, I walked down the street from the Beaumont Enterprise — where I worked as editorial page editor — to the Jefferson County Courthouse.

I approached the front door and waved at a fellow I knew, a local lawyer named Gilbert Adams, who motioned for me to approach. I did and at that, Adams introduced me to Racehorse Haynes, who standing next to Adams puffing on a pipe. “Hey, Race,” Adams said, “I want you to meet this fellow.” We shook hands and Adams then informed Haynes that I was editor of the local newspaper.

So help, as God is my witness, when Haynes heard that that I was a member of the media, his eyes lit up like a Christmas tree. We stood there for seemingly hours. I barely got a word in edge-wise. Haynes regaled me with his tales of his relationships with the media; he managed to tell me why he was in Beaumont in the first place, which was to assist Adams on a case that Adams was working on.

I ended up having to break off the visit. I am pretty sure it would have gone on until the next great flood.

Two things stood out about Haynes, whose reputation as one of the nation’s top criminal defense lawyers was well-known; I certainly knew of him. I knew that he was from Houston and that he had defended some very high-profile defendants.

The first thing I recalled at the time was how grandfatherly he appeared. He was not a physically imposing man. He was dressed in a plain dark suit and he looked like, well, anything but a flamboyant barrister.

The second thing, of course, was how he garrulous he was with a media guy. His status as a “famed” lawyer didn’t seem to impede his willingness to talk about anything with yours truly.

We said goodbye and went our separate ways.

Years later, I moved to Amarillo to become editorial page editor of the Globe-News. Then I learned of Haynes’ connection to the Texas Panhandle. It was where a Tarrant County judge had moved the trial of one Cullen Davis, the Fort Worth millionaire who was accused of murdering the live-in boyfriend of his estranged wife and his 12-year-old stepdaughter. Davis was thought at the time to be the richest man ever accused of a capital crime in the United States.

A Potter County jury acquitted Davis, whose lead counsel in that trial was Racehorse Haynes.

So, one of the nation’s more notable lawyers has passed from the scene. I just felt compelled to tell you my Racehorse Haynes Story.

May you rest in peace … “Race.”

legal news, national news, political news

No intention to lecture AG about the law, but really …

I am acutely aware that Jefferson Beauregard Sessions is an educated man.

He went to law school; passed the Alabama state bar; served as a federal prosecutor; tried to become a federal judge in the 1980s, but was rejected by the U.S. Senate because of some things he reportedly said about black people; then he was elected to the Senate.

He now serves as U.S. attorney general, thanks to an appointment by Donald John Trump.

There. Having stipulated all of that, I need to remind the attorney general that he should not disrespect the tenet of judicial review that the nation’s founders established when they formed our republic more than two centuries ago.

I say this with no desire to lecture the AG about the law, or the U.S. Constitution.

However, when he pops off about a federal judge sitting on the bench “on an island in the Pacific,” he has disrespected one of the basic frameworks set aside by those founders.

The judge presides over a federal court in Hawaii, one of the nation’s 50 states. U.S. District Judge Derrick Watson ruled against Trump’s temporary travel ban on constitutional grounds. The travel ban is now heading to the 9th Circuit Court of Appeals.

You’ll recall, too, that the president himself referred to another federal jurist in Washington state as a “so-called judge” when he struck down an earlier travel ban involving refugees from seven Muslim-majority countries. Trump might need a lecture about the Constitution and the separation of powers written into it; he might need to be told about how the founders intended for the judiciary to be independent of political pressure. Given that Trump had zero government experience prior to becoming — gulp! — president, he might be unaware of the not-so-fine print written in the Constitution.

The attorney general should know better than to disparage a federal judge in the manner that he did.

An island in the Pacific? C’mon, Mr. Attorney General.

Suck it up. Let the courts do their job. Sure, you are entitled to challenge court decisions’ legality. However, let’s stop the petulant put-downs.

Same thing goes for you, too, Mr. President.

legal news

Mr. AG, Hawaii isn’t just an ‘island in the Pacific’

U.S. Attorney General Jeff Sessions said this on a radio talk show: “I really am amazed that a judge sitting on an island in the Pacific can issue an order that stops the president of the United States from what appears to be clearly his statutory and constitutional power.”

Hmm. An island in the Pacific? Was it, oh, Fiji? Palau? Tahiti?

Oh, no. The “island in the Pacific” is Hawaii, one of the 50 United States of America. Hawaii is governed by the very same federal government as all the rest of the states.

The object of the attorney general’s criticism, though, is a federal judge — a Hawaii native — who ruled against Donald J. Trump’s second travel ban that bars Muslims from several countries from entering the United States. The ruling came from U.S. District Judge Derrick Watson, who happens to live in Honolulu, Hawaii, U.S.A.

Sessions blows that dog whistle

Hawaii’s two U.S. senators have reacted strongly to Sessions’ statement, made on talk show host Mark Levin’s program. The Huffington Post reported: “Sen. Mazie Hirono likened his remarks about Watson to ‘dog whistle politics.’” That identifies the kind of coded remarks meant to appeal mainly to certain segments of the population. Republicans and Democrats both have their “bases” that respond instinctively to certain political “dog whistles.”

The Huffington Post also reported: “In a statement later Thursday, Hirono, who sits on the Senate Judiciary Committee that vets and confirms federal judges, called Sessions’ suggestion that Watson is somehow unable to carry out his duties impartially ‘dangerous, ignorant, and prejudiced.’

“’I am frankly dumbfounded that our nation’s top lawyer would attack our independent judiciary,’ she said. ‘But we shouldn’t be surprised. This is just the latest in the Trump Administration’s attacks against the very tenets of our Constitution and democracy.’”

I feel the need to stipulate once again: Hawaii isn’t some remote outpost. Judge Watson adheres to the same oath that the attorney general himself took when he joined the Justice Department.

These attacks on the “independent judiciary” have to stop.

Immediately!

International news, legal news

Karma might have struck once again

Oh, the irony is too rich to ignore.

U.S. District Judge Gonzalo Curiel is going to hear a case involving a young man who says he is being deported illegally by the federal government.

Judge Curiel isn’t just any ol’ federal jurist. He happens to someone whom presidential candidate Donald John Trump slammed for being of “Mexican heritage” while he was hearing a case involving the defunct Trump University.

Curiel now gets to hear a case regarding the deportation of Juan Manuel Montes. He got the assignment by luck of the draw, it turns out. Montes, who’s now 23, is one of those “Dreamers” who came here when he was 9 years of age and had obtained DACA status.

Why is this case so tantalizing? It’s because Curiel is an American; born in Indiana and educated in the United States. He is a fine jurist. He’ll now get to hear a case brought by a young man who contends that the federal government didn’t provide sufficient documentation requiring him to be sent back to Mexico.

Judge Curiel’s citizenship didn’t stop Trump from defaming him during the 2016 presidential campaign by alleging that his Mexican heritage disqualified him from judging the Trump U case fairly. Trump, you’ll recall, opened his presidential campaign by declaring his intention to build a wall across our southern border to keep all those immigrants who were coming here to commit heinous crimes.

Stand tall, Judge Curiel

The wall? Blocking immigrants from Mexico? The judge’s parents are of Mexican descent? Why, of course he cannot judge the Trump U case fairly and without bias, according to Donald Trump.

As it turned out, Trump settled that matter with a $25 million payout to those who complained about the “education” they received. The president didn’t admit to any wrongdoing … quite naturally.

How will Judge Curiel do with the Montes deportation case? I am confident he’ll judge the case the way judges are supposed to judge such matters.

If the case goes against the federal government, though, expect the president to launch yet another tweet tirade.

Don’t you just love it when karma bites back?

legal news, media news

Is a ‘culture change’ in store at cable network?

21st-Century Fox made it official today: Bill O’Reilly, the company’s No. 1 blowhard and ratings juggernaut is gone.

He won’t be returning from his “long-planned vacation,” which commenced suddenly in the middle of this past week.

The reason for O’Reilly’s departure? A steady stream of negative publicity relating to sexual harassment complaints leveled against the veteran TV talk-show host.

O’Reilly paid out millions of bucks to women who had filed the complaints, all the while maintaining his innocence. Interesting, yes? Well, I think so. Fox News Channel coughed up a lot of cash, too, to women who had griped about O’Reilly’s treatment of them.

These media stories usually become the stuff of inter-network gossip. Competing networks — chiefly CNN and MSNBC — have had a field day covering this story for their audiences; Fox, meanwhile, hasn’t done much reporting at all on the difficulties that O’Reilly has brought to the network.

He’s gone now.

For me, it’s no great loss. I quit listening to O’Reilly a couple of Christmas seasons ago when he would allege that some phony “war on Christmas” was being waged by the “mainstream media” and assorted “left-wing pinheads.”

O’Reilly will get a big chunk of cash for, essentially, being fired for cause by Fox. That’s another part of these celebrity stories that baffles me. A big-ticket media talking head screws up, makes a big mistake — in this case, allegedly, several big mistakes — and he’s still able to walk away with a hefty severance package.

Whatever …

See ya in the funny papers, Bill.

As for the network, it lost its news boss — Roger Ailes — over similar accusations. Women have suggested there exists a “culture” of sexual harassment at Fox.

Perhaps we are witnessing a fundamental change in that culture and that female journalists and other “contributors” will feel more welcome and accepted for the talent they bring.

legal news, State news

Let the Texas AG’s trial commence … and conclude

Texas Attorney General Ken Paxton took office under a cloud.

The cloud remains. It’s still hovering over the Republican politician. Perhaps a trial jury will remove that cloud — one way or another — beginning Sept. 12.

Paxton is going to stand trial on felony charges of securities fraud. A trial judge moved the case from Collin County to Harris County, apparently believing prosecutors’ contention that Paxton’s legal team had tainted the trial jury pool, giving him an unfair advantage.

The AG is accused of misleading investors prior to his taking office in 2015. If convicted, he faces a potential prison term of 99 years.

This change of venue surprises me mildly. Prosecutors had argued that Paxton’s counsel somehow had sought some unfair advantage, given that the attorney hails from Collin County, just north of Dallas.

Why the surprise? Well, a Collin County grand jury managed to indict Paxton more than a year ago. The grand jurors were Paxton’s homies, too, just as a trial jury pool would have been. The notion that a grand jury would indict a former state legislator from that very county seemed to suggest that the county was capable of producing a qualified panel of trial jurors when the time came for it.

The judge, George Gallagher, saw it differently. That’s his call. Hey, he’s the legal eagle, right?

So, the case moves to Harris County, to Houston. Judge Gallagher has set a 10-day time limit for this case to conclude once the trial commences. Of course, the Sept. 12 start date well could be subject to change — perhaps even multiple changes before Paxton gets this case adjudicated.

Let the trial begin. Paxton deserves the chance to remove the cloud that’s hung over him since before he took office.

For that matter, so do millions of other Texans who believe their state’s chief law enforcer should be above reproach.

legal news

One last hope for Justice Gorsuch

I am going to reveal my own bias — once again — but here goes anyway.

Neil Gorsuch is going to become the next U.S. Supreme Court justice on Monday. The U.S. Senate confirmed him in a mostly partisan vote.

Donald Trump promised to select a conservative justice for the court and he delivered on his promise.

Fine. Trump is the president and he has the right to select anyone he wants.

Gorsuch’s testimony before the Senate Judiciary Committee was filled with the usual stuff that court nominees say, which is they cannot comment on issues that might come before the court. His reticence satisfied Senate Republicans and frustrated Senate Democrats.

He did, though, suggest that Roe v. Wade — the landmark 1973 decision that legalized abortion — essentially is “settled law.” He also said the president never asked him if he’d vote to overturn the ruling, adding that had Trump done so, that he (Gorsuch) would “have walked out of the room.”

My hope for the new justice is that he becomes more of an independent thinker than his critics believe he’ll be. There’s plenty of precedent on the Supreme Court for justices becoming something other than the presidents who appoint them had hoped.

President Eisenhower selected Chief Justice Earl Warren and William Brennan, both of whom became liberal stalwarts on the court; President Nixon selected Justice Harry Blackmun, who then wrote the Roe opinion in January 1973; President Ford selected Justice John Paul Stevens, who then joined the liberal ranks on the high court; President George W. Bush selected Chief Justice John Roberts, who then voted to preserve the Affordable Care Act.

No one should seek to predict how the new justice will comport himself on the court. Some, though, have done so. I am not nearly learned enough in matters of law to make such a prediction.

I do have my hope … and my bias that drives it.

legal news

‘Shining moment’ carries baggage for McConnell

The Hill posted a story online with the headline “McConnell’s shining moment.”

The Senate majority leader, Mitch McConnell, is shining because the body he runs has confirmed Neil Gorsuch to a spot on the U.S. Supreme Court.

Pardon my anger, but the leader isn’t shining. He stands as a scoundrel, a thief who stole the seat from another judge who should have been confirmed in 2016.

McConnell is boasting that the most “consequential” decision he has made was his decision to block Barack Obama’s nominee, Merrick Garland, from testifying before the Senate Judiciary Committee. The consequence would be to block a vote on the Senate floor.

Hours after Justice Antonin Scalia died in early 2016, McConnell made clear his intention to prevent President Obama from filling the spot on the court. Some have praised McConnell for blocking the president. I choose to condemn him.

Politics takes over

Gorsuch’s confirmation today was totally expected. The Senate voted 55-44 to approve his confirmation. He earned his court seat on the basis of a rule change that McConnell orchestrated in which the Senate abandoned its 60-vote rule to end a filibuster. I get that the majority leader was within his rights to change the rule.

What happened in 2016, though, is the much more egregious transgression. McConnell played raw politics with Obama’s nominee. The U.S. Constitution gives the president the power to fill federal judgeships. Barack Obama fulfilled his duty. The Senate also has the right to reject a nominee.

The Senate, though, should have heard from Garland. It should have weighed this man’s credentials. It should have considered his qualifications. It should have received a recommendation from the Judiciary Committee.

And it should have cast an up-down vote on whether to confirm the president’s nominee.

Thanks to the majority leader’s obstruction, none of that was allowed to occur.

And to think that Mitch McConnell has the stones to accuse Democrats of playing politics with Supreme Court picks.  This man, McConnell, has set the standard for politicizing the highest court in America.

Gorsuch’s confirmation isn’t a “shining moment.” It is permanently soiled by political poison.