Category Archives: legal news

Former AG says Trump should challenge judge’s ‘fairness’

gon0-004

Donald J. Trump has gained an interesting ally in his dispute with a federal judge hearing a case involving a “university” that Trump founded some years ago.

The ally is former U.S. Attorney General Alberto Gonzales, who says the presumptive Republican presidential nominee is right to question whether U.S. District Judge Gonzalo Curiel can judge his case fairly and impartially.

I’ll give Gonzales his due in one regard: the Texan argues his point with clarity and nuance, which is something that Trump is incapable of doing.

At issue, according to Gonzales, is Curiel’s association with a group called La Raza of San Diego, which Trump says is affiliated with the National Council of La Raza, a group formed to advocate for Latino issues. The Washington Post, though, has reported that NCLR and the San Diego outfit are unaffiliated.

That hasn’t stopped Trump, who has said that Curiel is “a Mexican,” which makes him unfit to hear the case. Curiel, of course, is an Indiana-born American citizen born to immigrants from Mexico. Trump’s alleged “reasoning” is that Curiel “hates” him because Trump wants to “build a wall, OK?” along our nation’s border with Mexico.

http://thehill.com/blogs/ballot-box/presidential-races/282222-former-bush-ag-trump-right-to-challenge-judges-fairness

Gonzales, who served as AG during the George W. Bush administration, has said that Curiel’s association even with the San Diego La Raza group should cause questions about his fairness in hearing the Trump University case. Curiel is presiding over three lawsuits brought by former students of the for-profit educational program who contend they were bilked out of money they spent to take courses.

It’s important to note what Gonzales wrote in an op-ed in the Washington Post: “As someone whose own ancestors came to the United States from Mexico, I know ethnicity alone cannot pose a conflict of interests. But there may be other factors to consider in determining whether Trump’s concerns about getting an impartial trial are reasonable.”

Here’s Gonzales’ essay:

https://www.washingtonpost.com/posteverything/wp/2016/06/04/alberto-r-gonzales-trump-has-a-right-to-question-whether-hes-getting-a-fair-trial/

You see, that is what Trump did when he challenged Judge Curiel’s ability to adjudicate this matter. He laid it solely on the man’s ethnicity. What’s more, he did so with utter disregard for the fact that the judge is no more “a Mexican” than Trump himself is “a Scotsman,” given that Trump’s mother emigrated to the United States from Scotland.

So, let’s have this discussion about whether a judge can preside with impartiality and fairness over a controversial case … but let’s leave the judge’s ethnicity out of it.

 

Has the GOP nominee-to-be finally gone too far?

trump

This might be considered something of a rhetorical question with no answer at least readily available, but I’ll pose it anyway.

Has Donald J. Trump finally issued the nonsensical statement that delivers the message many of us have known all along — that he is temperamentally unfit for the office of president of the United States?

The presumptive Republican nominee is getting shelled not just by Democrats, but by his new “best friend,” House Republican Speaker Paul Ryan, over comments he made about a federal judge.

Trump referred to U.S. District Judge Gonzalo Curiel as “a Mexican” while declaring that the judge is guilty of a conflict of interest in the case he is hearing regarding the defunct Trump University.

Some former students have filed suit against Trump and the “university” he founded, claiming they were bilked out of money they shelled out to attend this online educational program.

Curiel isn’t Mexican. He’s an American. He was born in Indiana. His parents are immigrants from Mexico. He went to California after completing law school and became a hard-charging prosecutor who put many drug lords behind bars.

Now he’s hearing this Trump U case, but Trump says he’s got a conflict because the presidential candidate wants to “build a wall” along our border with Mexico to keep illegal immigrants out. Therefore, according to Trump, Curiel cannot judge this case fairly because of his heritage.

The blowback on this comment has been intense and sustained.

Ryan, who just 24 hours before Trump made the “Mexican” comment had endorsed Trump’s candidacy, criticized the candidate’s “left-field” assertion.

http://www.politico.com/story/2016/06/hillary-clinton-donald-trump-attacks-223898

And, of course, the comment has drawn relentless fire from Democratic frontrunner Hillary Clinton, who said: “If our president doesn’t believe in the rule of law, doesn’t believe in our constitution with a separation of power with an independent judiciary, that is one of the most dangerous signals that we are dealing with somebody who is a demagogue.”

She added, “If we start disqualifying people because of who their parents and grandparents might be and where they came from,” Clinton continued. “That would be running counter to everything we believe in.”

I am leery of predicting that Trump has finally uttered the politically fatal campaign gaffe. He’s had so many such moments along the way that — in a normal election season –Trump’s candidacy would have been tossed aside long ago.

I am an optimist by nature. My optimism has been dealt a boost once again by the Republican candidate’s loud and uncontrollable mouth.

 

Judge Curiel: hard-charging American lawyer

trump

Gonzalo Curiel was born in Indiana to parents who came to this country from Mexico.

He graduated from high school, went off to college, got his law degree and became an aggressive prosecutor.

He’s now a federal district judge. He’s an all-American guy, from what I know of him.

That, however, hasn’t stopped the Republicans’ presumptive presidential nominee, one Donald J. Trump, from launching a scurrilous attack on Judge Curiel. The reason for his attack? Trump called Curiel “a Mexican.” He called him a “disgrace,” and said other judges need to examine Judge Curiel.

Curiel, of course, is not “a Mexican.” He’s as American as Trump, whose own mother also was an immigrant.

That didn’t stop Trump from shouting from a campaign podium that Curiel needs to recuse himself from a case he is hearing involving the now-defunct Trump University. It seems that Curiel’s ethnicity disqualifies him from hearing the case because, according to Trump, he “hates” the nominee-to-be because of Trump’s inflammatory statements about Mexican immigrants.

Y’all, this is the latest in an interminable line of insults and provocation that have poured out of Trump’s pie hole ever since he announced his intention to seek the GOP presidential nomination.

Judge Curiel’s standing as a federal judge hearing this case is as solid as it gets. Trump’s suggestion that he cannot judge this case fairly is yet another attempt to denigrate someone solely on the basis of his ethnicity.

Trump’s accusations against Curiel are going to remain unchallenged by the target, the judge himself. As the Atlantic magazine noted: “Corrosive personal attacks aren’t new behavior for the presumptive Republican nominee. But unlike other targets of Trump’s ire, Curiel cannot defend himself in any forum. He acknowledged in an order last Friday that Trump had ‘placed the integrity of these court proceedings at issue,’ but will almost certainly go no further than that observation. Curiel is bound by the judicial code of ethics, which says that federal judges ‘should not make public comment on the merits of a matter pending or impending in any court,’ including their own. The code also says judges ‘should not be swayed by partisan interests, public clamor, or fear of criticism.’”

Here’s the rest of the article:

http://www.theatlantic.com/politics/archive/2016/06/donald-trump-gonzalo-curiel/485636/

If only another disgraceful exhibition of intemperance would gain traction among those who keep standing behind this guy. Who’s to say what effect, if any, these latest remarks are going to have?

From my perch in the middle of what’s going to be called Trump Country, it’s just one more example of a presumptive presidential nominee’s unfitness for the job he is seeking.

 

‘Sic federal regulators on his critics’

trust-1

A single line jumped out at me as I looked at the New York Times article on Donald J. Trump’s view of the U.S. Constitution.

Adam Liptak’s story goes through a litany of concerns that constitutional scholars — across the political spectrum — have expressed about the presumptive Republican presidential nominee’s views.

Then he writes of Trump: “He has threatened to sic federal regulators on his critics.”

That sentence stopped me cold. I froze.

Do you remember what happened to the last president who decided to “sic federal regulators on his critics”?

If you don’t, I’ll remind you.

President Richard Nixon did that very thing, we learned during the congressional investigation of the Watergate constitutional crisis.

http://www.nytimes.com/2016/06/04/us/politics/donald-trump-constitution-power.html?hp&action=click&pgtype=Homepage&clickSource=story-heading&module=first-column-region&region=top-news&WT.nav=top-news

That revelation — along with many others — led the House Judiciary Committee to approve articles of impeachment against the president, who then resigned his office on Aug. 9, 1974, thus ending, in the words of his successor, President Gerald Ford, “our long national nightmare.”

Trump wants to make it easier to sue the media for libel; he wants to ban Muslims from entering the United States; he attacked a federal judge solely on the basis of his ethnicity, calling the American-born jurist “a Mexican” who, according to Trump, “hates me.”

Any one of those occurrences would be a recipe for a top-of-the-line constitutional crisis. I’m trying to imagine what could happen if more than one of those things ever were to occur if a President Trump were to settle in behind that big desk in the Oval Office.

Here’s a comment from a conservative thinker, taken from Liptak’s article: “David Post, a retired law professor who now writes for the Volokh Conspiracy, a conservative-leaning law blog, said those comments had crossed a line.

“’This is how authoritarianism starts, with a president who does not respect the judiciary,’ Mr. Post said. ‘You can criticize the judicial system, you can criticize individual cases, you can criticize individual judges. But the president has to be clear that the law is the law and that he enforces the law. That is his constitutional obligation.’”

I believe this is a major part of what Hillary Rodham Clinton said Thursday when she described Trump as being “temperamentally unfit” to become president of the United States.

AG’s case takes interesting turn

051216KenPaxtonInCourt2_jpg_800x1000_q100

Texas Attorney General Ken Paxton’s journey through the state’s judicial system has taken another interesting turn.

The 5th Court of Appeals, based in Dallas, has rejected Paxton’s request that the securities fraud case against him be tossed out. According to the appellate court, the case should go to trial and Paxton should have to make the state prove beyond a reasonable doubt that he broke securities law by failing to properly report income he received while providing financial advice to clients.

Paxton has pleaded not guilty to the charges brought by — get this — a Collin County grand jury, which happens to be in Paxton’s home county.

This case ought to be settled by a trial court.

https://www.texastribune.org/2016/06/01/appeals-court-upholds-fraud-charges-against-paxton/

What’s next? Paxton’s legal team is considering whether to take it to the state’s highest criminal appellate court, the Court of Criminal Appeals. The special prosecutor’s office assigned to this case said it is confident the CCA will uphold the lower court ruling against the AG.

I understand fully that Paxton is “innocent until proven guilty.” He has tried all along the way to get the case thrown out. The courts have ruled repeatedly against him, saying the charges against him have merit.

Will the Republican AG prevail if he takes it to the all-GOP Court of Criminal Appeals? That might be his best shot at getting it thrown out.

The Texas Tribune reported: “During a hearing before the court last month, Paxton’s lawyers most prominently argued that the grand jury that indicted him was improperly selected. The court rejected that argument in its ruling Wednesday.

“‘After reviewing the record and, in particular, the process used by the district judge, we conclude the complained-of method of selecting the grand jury is not a complaint that would render the grand jury illegally formed,’ Chief Justice Carolyn Wright wrote.”

The way I look at it, if he’s innocent of the charges brought against him by the grand jury — and by the complaint filed by the Securities and Exchange Commission — then he ought to make the case in court.

Make the state prove its case and let a jury of his peers decide.

 

Texas Open Meetings Act can serve as shroud

TOMA-Slider

Amarillo City Council members are going to hold a series of public hearings to interview five individuals who’ve applied for an opening that’s about to occur on the five-member governing board.

It should be interesting to hear the five hopefuls make their case in public, in front of those they want to serve.

Then it’s going to get interesting.

Council members likely then will huddle in private to talk about who they want to join their ranks. They’ll declare their intention to discuss “personnel matters” that are exempt from public review.

I wish they would finish the job in the open, too.

The Open Meetings Act allows governing bodies to meet in secret only under certain circumstances. It’s quite clear:

Personnel issues; real estate transactions; potential or pending litigation. There also are a list of other subjects that might or might be covered under those general provisions.

https://www.texasattorneygeneral.gov/files/og/openmeeting_hb.pdf

I totally understand the reason for hiding many of these provisions from public scrutiny. The governing body doesn’t want to reveal their negotiating strategy involving the sale of real estate, which could cost a lot of money. Nor does the body want to talk about privileged legal information given to it by legal counsel; they have this attorney-client provision to honor.

Personnel-related issues also are spelled out. If a city employee is being disciplined, then that person has a right to have his or her privacy protected. The Open Meetings Act, though, does allow the affected employee to request — or demand — that the discussion occur in public.

The interviewing of City Council candidates, I submit, doesn’t fall into the same category of “personnel” matters as the example I just gave.

These individuals aren’t being disciplined. They are seeking a public service job — and a volunteer job at that, given that council members earn a whopping 10 bucks per meeting.

They seek to sell themselves on their commitment to public service. Why not, then, allow the public access to the views expressed by those who make the appointment?

I’ve noted before that most of the current City Council members were elected in May 2015 on a promise to bring more transparency to city government.

Here’s their chance to show they mean what they said.

And please, gentlemen, do not use the Open Meetings Act in a manner that is contrary to the principles on which it was enacted. Let’s not hide behind some provision that empowers you meet in secret.

Empowerment doesn’t make it mandatory.

 

Ken Starr packs it in at Baylor

starr

Ken Starr’s resignation as chancellor at Baylor University because of a sex scandal might be the biggest non-surprise since, oh, when he helped engineer the impeachment of President Clinton in a case that also involved a sex scandal.

Yes, the irony is rich.

Starr quit as chancellor after the Baylor regents kicked him out of his job as president of the university. The chancellor’s job is a ceremonial one, with no actual administrative duties. The regents’ decision was based on Starr’s role in the university covering up reports of sexual abuse on its campus involving members of the school’s top-tier football team.

https://www.texastribune.org/2016/06/01/ken-starr-says-he-will-resign-baylor-chancellor/

Frankly, Starr ought to resign his other job at Baylor, as a law professor. His presence on the campus taints the school.

Former head football coach Art Briles was fired because of this scandal. Athletic Director Ian McCaw resigned after regents put him on probation because of the same scandal.

Regents kicked Starr out of his presidency because, as the “captain of the good ship Baylor,” he was ultimately responsible for all that occurs on the campus.

Starr professed “ignorance” regarding the many rape charges that have been filed against students at Baylor. Is that a sufficient defense? Of course not.

So, now he’s gone as chancellor, saying in an interview with ESPN, “We need to put this horrible experience behind us. We need to be honest.”

OK, professor, if honesty is what you want, how about just walking away from the campus altogether?

Doing so would enable himself a chance at a new start. Better still, it would give Baylor University a chance at renewal as well.

 

Another head rolls at Baylor

mccaw

Another head has been lopped off — proverbially, of course — at Baylor University.

This time it belongs to the athletic director, Ian McCaw, who quit in the wake of the sex scandal that already has cost the school its president and its head football coach.

McCaw clearly had to go. He had been put on probation just as Baylor president Ken Starr was getting demoted and head coach Art Briles was put on “suspension” prior to being fired.

Why the shakeup? Oh, just that scandal involving Baylor’s mishandling of the sexual assault charges — and conviction — of football stars. The scandal has roiled the Waco campus and has caused — one should hope — a tremendous re-examination of the way the school handles such cases. In the cases involved in this scandal, the school seemingly sought to sweep them away, hoping no one would notice.

Baylor’s regents issued the usual statement of regret in announcing McCaw’s resignation: “We understand and accept this difficult decision by Ian McCaw to resign as Athletic Director and are grateful for his service to Baylor University. We also appreciate Ian’s commitment and involvement in bringing a person of integrity such as Jim Grobe to the University before making this decision.” Grobe has been named interim head football coach.

Whatever, the regents are seeking to cushion McCaw’s fall.

I don’t wish ill on the former AD, but this fellow ran an athletic department that includes the conduct of its premier revenue-producing sports activity.

As the saying goes, “The fish rots from the head down.”

Baylor University needs to take care of its business.

‘Militia’ goons complain about … what? … no Internet

BBoKoWS

Ammon and Ryan Bundy are unhappy with their living conditions in jail.

You might remember these guys. They took over a national wildlife refuge headquarters for several weeks as part of an ongoing dispute with the federal government over some property issues.

They surrendered after a siege in Burns, Ore. They’re now awaiting trial. They want to prepare for their date in federal court and say they need Internet access in their jail cell. They don’t have it.

Cry … me … a … river — fellas.

They’re being held in Multnomah County, where Portland is located.

Jail officials say they can have IPads, but only if their lawyers preload information they can use.

There’s something strangely weird about these two clowns griping about lack of Internet access.

I surely don’t know this as fact, but something tells me that the Bundys — part of an extreme right-wing political movement — quite likely over the years have complained about prison becoming too much of a “country club” for bad guys. Don’t you think that sometime in their lives they griped about how “good” the criminals have it behind bars?

http://www.msn.com/en-us/news/us/oregon-militia-leader-complains-about-no-internet-in-jail-cell/ar-BBtF1ne?li=BBnbcA1

To hear these guys gripe about lack of Internet access in their jail cell just rings more than a tad bit hollow in my ears.

A lot of lockups these days have extensive libraries — with books in them — for inmates to use.  My strong preference would be for these two clowns to quit griping about Internet access and start cracking open some law texts.

Irony in all these lawsuits

Abbott-Obama-Paxton_jpg_800x1000_q100

There’s a certain sort of irony one can find in this story from the Texas Tribune.

Texas’s Republican political leaders have made it a point of pride that they have sued the federal government 40 times since 2009, the year President Barack Obama took office.

The state’s two most recent attorneys general — Greg Abbott and Ken Paxton — have had mixed results from all those suits.

Hey, man, they’re still glad to sue the daylights out of the president and the government over which he presides.

Their cause? The government is overreaching, seeking to usurp authority set aside for the states — allegedly.

The irony? Well, I recall many Republican candidates for public office contending that they wanted to stem the flood of lawsuits. They would argue that many of them are frivolous and that the courts couldn’t afford the escalating costs of litigation. I won’t argue that the suits are “frivolous,” as I am not a legal scholar.

https://www.texastribune.org/2016/05/26/texas-vs-federal-government/

The link attached to this post itemizes the costs of the suits. Add  them up. They have cost the state — that’s you and me, folks — a good chunk of money over the past eight years.

This is a point of pride with these fellows?