Category Archives: legal news

Paxton gets no ‘love’ from hometown court

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If the embattled Texas attorney general was expecting to get some favorite-son treatment in his home county …

He’s mistaken.

Ken Paxton faces a possible trial on charges that he solicited investment business without notifying the proper state authorities that he was being compensated. A Collin County grand jury indicted him on the felony charges, to which the McKinney Republican has pleaded not guilty.

Paxton represented the suburban community north of Dallas in the Texas Legislature before being elected in 2014 as the state’s top lawyer.

Now a judge — also in Collin County — has tossed aside a motion to cap the money being to the special prosecution team that’s been appointed to represent the state.

Paxton’s lawyer lacked jurisdiction to file the motion, according to Judge Mark Greenberg.

I’m not going to pre-judge this case. The proceedings to date, though, seem to suggest that AG Paxton might be in for rough ride if this case goes to trial in Collin County.

Perhaps the most fascinating aspect of this case so far has been that Paxton has been indicted by a hometown grand jury and has been delivered setbacks by a court in his hometown as well.

Remember when former Republican Gov. Rick Perry blamed the grand jury in Democrat-friendly Travis County of playing politics when it indicted him for abuse of power?

Paxton can’t make the same argument.

This case could get interesting.

 

 

Hulkster gets what? $115 million?

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Hulk Hogan is no Erin Andrews.

Yet the two celebrities share something in common. They’ve both received mammoth jury awards after they sued for invasion of privacy.

Andrews’ award has been universally hailed after a jury granted her $55 million in a suit against a hotel chain; she was video recorded in the nude in her hotel room. The ESPN reporter was embarrassed to tears during the trial over the incident — in which the video went viral.

Hogan’s case is quite a bit different.

Gawker.com video recorded Hogan — the well-known former professional wrestler — having sex with his best friend’s wife. That video, too, went viral. Hogan — whose real name is Terry Bollea — sued for invasion of privacy.

A St. Petersburg, Fla., jury today gave the Hulkster $115 million. More than twice the award Erin Andrews got!

I offered a view about Hogan’s suit in an earlier blog.

I backed his lawsuit because his case also seemed to be as legitimate as Andrews’.

However, I just cannot muster up the level of sympathy for the Hulkster as I can for Andrews. I mean, come on! The guy was engaging in some truly disgusting behavior when someone recorded him.

Maybe the St. Pete jury was trying to send some sort of message to would-be stalkers and gawkers. It is that even celebrity pro wrestlers have a level of privacy that shouldn’t be breached.

Whatever the case, I’m not going to cheer this verdict the way I did the earlier one.

 

Does the GOP really want a mainstream jurist on the court?

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We hear it constantly from the right side of the political spectrum.

Courts shouldn’t be full of “judicial activists.” The culprits, in their eyes, usually come from the left. Those liberals are just too prone to “legislate from the bench.” Or so it goes from the right-wing mantra machine.

How did Barack Obama answer that with his choice for the U.S. Supreme Court? The president chose as mainstream, moderate and even-tempered a fellow as he could find. Merrick Garland deserves to take his seat on the nation’s highest court.

His record is exemplary. His temperament and judicial philosophy would seem to fit the bill perfectly for Senate Republicans who hold the key to whether Garland even gets a hearing, let alone a vote by the full Senate.

Now, though, all those qualities that conservatives say they admire in a judge don’t apply. Garland must be too, uh, moderate. Too measured. Too studious. Too mainstream.

Compared to the individual he would replace — the late Justice Antonin Scalia — perhaps there’s some merit to the criticism in the eyes of the Senate Republican caucus.

What they want is another Scalia.

Yes, the late justice was a brilliant legal scholar. He called himself a “strict constitutionalist”; to be honest, I’m not smart enough to argue that point.

I am reasonably intelligent enough, though, to know that he was rigid in his approach to interpreting the Constitution. He was an ideologue. However, his ideology fit nicely with the politicians who control the Senate.

Garland’s doesn’t. He’s too centrist. Too moderate and mainstream.

One man’s ideological purist is another man’s near-perfect fit for the job of interpreting the Constitution.

So, it’s fair to ask: Do the Senate Republicans who keep insisting that the next president make this pick really oppose the current choice on judicial and philosophical grounds, or are they just playing politics?

 

Garland the perfect choice for SCOTUS … normally

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Under normal circumstances — without such historic potential consequences on the line — President Obama’s choice for the U.S. Supreme Court would be considered damn near perfect.

Merrick Garland fits the bill — to the letter.

Brilliant legal scholar; strict adherent to the Constitution; moderate judicial philosophy; meticulous writer; tremendous personal story; varied legal career in private practice and as a federal prosecutor; many years of experience on the federal bench; virtually unanimous admiration among his peers.

Then again, he’s got this particular problem that is not of his making.

He’s been chosen to the highest court in the land during an election year. That, by itself, isn’t a deal breaker. Except that Republicans who control the U.S. Senate, which must confirm the appointment, have made it one.

They’ve declared that Obama shouldn’t get to pick someone to replace the late conservative ideologue Antonin Scalia during the heat of a presidential election campaign. They want to hand that duty over to the next president who, they hope, will be a Republican.

They’ve declared that the current president doesn’t get to his job, which the U.S. Constitution says includes making appointments to the federal bench. He’s made a big choice. Garland is been named to fill some huge shoes on the Supreme Court.

His only drawback, if you want to call it that, is that he isn’t the rock-ribbed, ironclad conservative in the mold of Scalia. Oh, no. Garland is a moderate. He’s a mainstream, thoughtful jurist with a gleaming reputation for careful legal scholarship.

What, do you suppose, will be the American Bar Association’s rating of this guy, when the ABA decides to make that declaration? I’ll predict he’ll get the highest recommendation possible from the bar.

So what in the world is holding up his confirmation? It’s the obstruction of the Senate Majority Leader, Mitch McConnell, who vows to block any attempt even to conduct a confirmation hearing before the Senate Judiciary Committee.

And to think that McConnell had the brass to say that the president is “politicizing” this pick by criticizing Republicans’ effort to block it.

The stunning lack of self-awareness here is beyond belief. It’s McConnell and his Senate lieutenants who have politicized this process by stating that the 44th president of the United States shall not have his judicial appointment even considered for confirmation.

Why? Because they hope to get one of their fellow Republicans elected president this November.

Something tells me McConnell and his gang of Senate GOP obstructionists are flirting with political disaster if they insist on continuing to play this foolish game.

 

Let’s talk, Mr. Senate Majority Leader

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Every effective American politician has a consigliere — a wise man, or perhaps a wise woman — who’ll tell them the unvarnished truth.

JFK had Bobby; George H.W. Bush had Jim Baker; Ronald Reagan had Nancy.

I’m wondering this morning who in Senate Majority Leader Mitch McConnell’s inner circle fills that role. Hmm. It might be his wife, Elaine Chao, a former labor secretary during W’s administration.

Whoever it is, are they having a serious, candid and frank discussion with the boss? Are they hunkered down in some ante room in his spacious office in the Senate wing of the U.S. Capitol Building?

Here’s a thought, offered from the Flyover Country Peanut Gallery, on how that talk might proceed:

McConnell: OK, I sense we have a problem with this Supreme Court pick. I’ve declared my intention to block whoever Barack Obama nominates. I’m trying to stand on some sort of principle but my knees are buckling just a little.

Wise Man: And they should, Mitch. You’ve boxed yourself into a corner. Did you think Obama was going to pick some flaming, judicial activist liberal? He didn’t. He went with this Merrick Garland fellow. Everyone loves the guy. You love the guy. Hell, Mitch, you voted to confirm him to the D.C. court nearly 20 years ago.

McC: True. But that was then. The stakes this time are gigantic. They’re y-u-u-u-u-ge! (Laughter). I hope you don’t mind my saying it that way. Antonin Scalia’s death upset everything. He was one of our guys. Now Obama has picked one of their guys to replace Scalia. The balance of the court will change.

WM: So, what’s your point? Did you think Obama was going to select an archconservative like Scalia? We all knew this would happen if one of our guys died. But hey, he didn’t pick a flamer, Mitch. He picked a mainstream moderate judge. Hasn’t he done well on the D.C. court?

McC: Yeah, he has. He’s been the kind of judge I said he was when I spoke in his favor in 1997. I get that he’ll be that kind of justice on the Supreme Court, too. But it’s different now. I’ve got those TEA Party yahoos who want me to dig in. They insist — in that way of theirs — that Barack Obama’s re-election doesn’t really count. And you don’t need to remind me of what I said early in Obama’s presidency about making him a “one-term president” being my top priority. I get that it didn’t work out.

WM: So, consider this, too. We’re about to nominate Donald Trump as our candidate for president. The Democrats are going to nominate Hillary as their candidate. Trump vs. Clinton. One of them will get to pick the next Supreme Court justice if we continue to obstruct this selection. Who between them do you want? Trump, who you’ve criticized before for the outrageous accusations he has made along the campaign trail? Or Clinton, who the TEA Party wing hates nearly as much as it hates Obama? Don’t you think maybe that Merrick Garland is going to be the best choice we’re going to get?

McC: I get your point. But what about the principle we’re standing on here? What about giving in to the Democrats? I’m going to get fried if I cave in.

WM: Well, Mitch, a lot worse is going to happen to you if we obstruct this nomination, Hillary makes a huge campaign issue of it, wins in a landslide and the Democrats retake the Senate.

McC: How do you propose I back off? How do I justify this to my base — our base?

WM: Look, Mitch. I might be a wise man. But I’m not a magician. You figure it out.

 

‘American people’ have spoken, Mr. Leader

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U.S. Senate Majority Leader Mitch McConnell is really starting to tick me off.

He keeps harping on this idiotic notion that “the American people” deserve to have a voice in determining who the president should nominate to a seat on the U.S. Supreme Court. Their voice has been heard, Sen. McConnell. It was heard four years ago when the country re-elected President Obama.

Thus, he greeted today’s nomination of an eminently qualified jurist — Merrick Garland — with his vow to block it out of hand. Judge Garland will get no hearing; Republican senators won’t meet with him; there will be no vote.

The Senate won’t do its job. It won’t follow through on President Obama’s nomination. Why? Because, according to McConnell, Barack Obama’s time as president is about up and the next president should make the appointment.

So, with that, the majority leader of the Senate has decided that Barack Obama’s second term will be cut short by nearly a year. No need to consider an appointment that the incumbent president sends to the Senate, because the legislative body’s upper chamber won’t do anything about it.

This is an outrage of the first order.

Merrick Garland is a first-class jurist. Senators thought so when they confirmed his nomination to the D.C. Circuit Court in 1997. Republicans joined Democrats in praising Garland’s credentials.

Now, though, it’s different. McConnell said today it’s not “personal.” Of course it is! He and Senate Republicans don’t want Garland to fill a court vacancy created by the untimely death of the court’s leading conservative ideologue, Justice Antonin Scalia.

Garland is not a flaming liberal. His judicial record is the model of judicial moderation. Indeed, leftists today expressed disappointment with the president over his selection of someone who is not a favorite of the Democratic Party’s liberal base.

American citizens have spoken already, Mr. Leader, about who should sit on the Supreme Court. They spoke clearly in the November 2012 general election.

Five million more Americans voted for Barack Obama than voted for Mitt Romney. Case closed.

For the Republican leader of the Senate to suggest that the president’s pick should be stalled because GOP senators don’t want him to do his job is an outrage.

 

Garland gets nod; let’s act on it, senators

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I’ve written already about why I believe President Obama deserves to have his Supreme Court appointment considered by the U.S. Senate.

It’s his prerogative to appoint someone; it’s the Senate’s prerogative to approve or reject it. The Constitution lays it out there. I understand the idea of “advise and consent.”

If senators object, then they should say so on the record. The idea of obstructing a nomination by refusing to consider it is offensive on its face … at least in my view.

The president today nominated D.C. Circuit Court chief judge Merrick Garland to the high court, replacing the late Antonin Scalia.

The politics of this fight overshadows everything else. It overshadows Garland’s impeccable credentials, his immense standing among legal scholars, his compelling personal story.

Scalia was the court’s leading conservative voice. He was an ideologue. Garland is a moderate. He’s known to be a non-ideologue, but according to conservatives, well, that makes him a flaming liberal.

The court’s balance would shift with Garland joining the court.

And that’s why the Senate Republican leadership is vowing to block the nomination by refusing even to consider it. The GOP won’t even allow a hearing. Hell, GOP senators say they won’t even meet with Garland.

The Republican leadership that says it wants the next president to make the appointment.

What happens, though, if the next president happens to be, oh, Hillary Rodham Clinton? Are they then willing to put this selection in the hands of a president who could appoint a true-life flaming liberal? Or should they give Merrick Garland the hearing he deserves and cut their losses?

Garland’s intelligence and legal knowledge are beyond reproach. Even Republicans said as much when they approved his nomination to the D.C. Circuit Court. If he’s as smart and scholarly now as he was then, it makes sense — or so it seems — that he’d be a fitting choice for the Supreme Court.

The fight has been joined.

Senate Majority Leader Mitch McConnell said the people should have a say in filling this court seat. Mr. Leader, the people have spoken on it — by re-electing Barack Obama as president of the United States.

 

Is it better to deal with the ‘devil you know’?

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The word this morning is that President Obama might reveal his selection for the U.S. Supreme Court as early as, oh, Monday!

Excellent. Let’s get this going-away party for the president started.

He reportedly has narrowed the field to three men. One is an African-American, one is an Indian-American, one is a Caucasian. They’re all reportedly able individuals who’ve been confirmed to spots on lower federal appellate courts. The president said he’s going to consider someone whose credentials are impeccable. Moreover, he appears to be zeroing in on someone who’s already passed GOP muster in the Senate.

But, hey. Hold on. Republicans who control the Senate — which must approve the nominee — say they ain’t budging in their refusal to even consider an Obama selection. They want to wait until after the November election.

Here’s where it might get dicey for the Republican leadership in the Senate that is digging in its heels and refusing to do its job — which is to consider and decide whether to confirm a Supreme Court nomination.

Suppose the Republican nominee is Donald J. Trump, who the GOP “establishment” despises. Suppose the Democrats nominate Hillary Rodham Clinton, who the GOP despises perhaps even more.

Suppose, too, that Clinton wins the election in November. Suppose she wins big, as in really, really big.

Do the Republicans believe they’re going to get a more suitable nominee from a President Clinton than they would from the current president? After all, the next justice is going to replace the iconic conservative jurist Antonin Scalia, who died a month ago while on a hunting trip in West Texas.

The balance of the court is likely to change, meaning that the appointment is, shall we say, h-u-u-u-u-u-u-ge!

We might know a thing or two about how this shakes out on Tuesday, when voters in five states decide in primary elections in both parties. Clinton might be able to tighten her vise grip on the Democratic nomination. And Trump could establish himself even more firmly as the GOP frontrunner.

So, with a Clinton-Trump contest shaping up in the fall — and with Republican power brokers scared spitless at the prospect of their party being led by a demagogic know-nothing blowhard — the GOP might want to rethink its resistance to whomever Barack Obama selects for the nation’s highest court.

As someone said this morning on one of those Sunday news talk shows, it might be better to “deal with the devil you know than the one you don’t.”

Let’s all stay tuned. This week well could shake the political ground under our feet.

 

Legislating from the bench? Maybe so

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I’m usually not one to comment on judges being accused of becoming black-robed “legislators.” Must be my liberal bias.

An Ohio judge, though, just might fit the bill of a jurist who has taken a step or two too far.

Franklin County Common Pleas Court Judge Richard Frye has ruled that Ohio voters who are 17 years of age today can vote in the Tuesday primary if they’ll be of legal voting age — that’s 18 years of age — by November.

My first reaction is: huh?

It makes no sense.

Let me see if this adds up. Someone who’s not yet old enough to vote will be able to vote in the primary anyway. On what grounds does this make sense?

Frye’s ruling is seen as a potentially big win for U.S. Sen. Bernie Sanders, one of two Democrats running for president. Sanders has been getting a lot of young voters’ support and this could open up a large trove of votes; I guess pledges of free college tuition are resonating with the young voters.

“This is a huge victory for 17-year-olds across Ohio. Their votes for presidential nominees will now count when they vote on either Tuesday or over the weekend in early voting,” Sanders campaign counsel Brad Deutch said in a statement.

But, but … how does that compute? How does someone get to vote prior to being of legal voting age?

Ohio’s Republican secretary of state, Jon Husted, is incensed over the ruling. He vows to appeal it. I think he’s got a case for judicial overreach.

I’m a simple fellow. It just seems to me that pre-dating someone’s voting eligibility smacks of manipulation that the law shouldn’t allow.

To be honest, this kind of reminds me of something I witnessed in Jefferson County, Texas, many years when two judges whose courts had criminal jurisdiction were slapped hard by the Texas Commission on Judicial Conduct for back-dating prison sentences. The judges would sentence defendants to prison terms that began before the crimes actually took place. The state’s court watchdog organization took a dim view of it.

Judge Frye, by my way of thinking, is playing a similar game by giving Ohio teens the right to vote before they are actually legally entitled to do so.

 

Stalkers getting their rear ends kicked

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Sportscaster Erin Andrews has just won a $55 million award from a jury that ruled her privacy was invaded while she stayed in a hotel.

Someone recorded her in the nude while she was in her hotel room and then sent the video into cyberspace.

I can’t think of anyone who isn’t cheering that verdict. I hope she gets every penny, although it’s not likely she will.

There’s more.

Former pro wrestler Hulk Hogan was recorded having sex with his best friend’s wife. That video was sent out, too.

The Hulkster is suing a publication for invading his privacy.

I have much less sympathy for Hogan — who’s real name is Terry Bollea — simply because of the nature of the video in question. I need not elaborate.

However, I do believe his privacy is as protected as Erin Andrews’ privacy. I hope he wins his suit.

And get a load of what the former editor of Gawker.com, which sent the video of Hogan/Bollea into cyberspace, told a jury today. He said the only people whose privacy should be honored in such a manner are children. At what age? He said 4 years of age. Five-year-olds? Hey, no sweat. They’re fair game.

Here’s how the New York Times reported the testimony:

“Can you imagine a situation where a celebrity sex tape would not be newsworthy?” asked the lawyer, Douglas E. Mirell.

“If they were a child,” Mr. (Albert) Daulerio replied.

“Under what age?” the lawyer pressed.

“Four.”

Holy smokes, dude!

The Times reported that there was an audible gasp in the courtroom. Gee, do you think?

The testimony almost turns Hulk Hogan into a truly sympathetic character.

Almost.