Category Archives: legal news

Race enters Lynch debate over AG vote

I didn’t predict it would happen, but the debate over when to vote on the confirmation of Loretta Lynch as the next U.S. attorney general has taken an unsurprising turn.

The issue of race has entered this debate, as Lynch is the first African-American woman ever nominated to head the Justice Department.

http://www.politico.com/story/2015/03/dick-durbin-loretta-lynch-back-of-bus-116180.html?hp=t1_r

The introduction was made by Sen. Dick Durbin, D-Ill., who said the delays in voting on Lynch’s confirmation has forced the nominee to “sit at the back of the bus.” Durbin’s reference, of course, was to the great Rosa Parks, the civil rights icon who famously refused to give up her bus seat to a white passenger in the 1950s.

To my mind, the issue more about partisan politics than it is about race and Durbin should not have gone there during his Senate floor speech.

Durbin drew the expected criticism from Sen. Tim Scott, R-S.C., the Senate’s lone black Republican, who accused Durbin of being a race-baiter.

“It is helpful to have a long memory and to remember that Durbin voted against Condoleezza Rice during the 40th anniversary of the March [on Selma]. So I think, in context, it’s just offensive that we have folks who are willing to race bait on such an important issue as human trafficking,” Scott said. “Sometimes people use race as an issue that is hopefully going to motivate folks for their fight. But what it does, is it infuriates people.”

Senate Majority Leader Mitch McConnell is wrong to hold up the Lynch vote. She needs to be confirmed and the Justice Department needs to get refocused exclusively on its job, which is to enforce federal law.

I just wish we could have kept the race argument out of this so we can stick instead to the raw political gamesmanship that the GOP leadership is playing while delaying Lynch’s confirmation vote.

 

McConnell up to old tricks in Senate

Mitch McConnell promised to make the U.S. Senate work better if he became its majority leader.

The upper legislative chamber would start governing again, he said.

OK, so how’s he doing on his pledge? Not very well.

The Kentucky Republican has announced he plans to hold up a confirmation vote on Loretta Lynch to become the next attorney general if Democrats don’t play ball on a controversial human trafficking bill.

http://thehill.com/homenews/senate/235753-mcconnell-will-delay-lynch-unless-democrats-cooperate

What does one thing have to do with the other? Not nearly enough to justify holding up Lynch’s confirmation vote.

Democrats are holding back their support of a trafficking bill that was supposed to be a non-controversial piece of legislation. Then they read some of the fine print in it and are now balking. McConnell said the Senate needs to clear that bill off the table before it considers Lynch’s nomination to succeed Eric Holder as the nation’s AG.

Holy obstruction, Batman!

This nomination needs to move forward. Lynch is highly qualified to be the nation’s attorney general. Republicans keep saying how much they dislike the way Holder does his job. Meanwhile, the Senate majority leader is doing all he can to ensure Holder stays on the job.

What gives?

As The Hill notes, Lynch has been twisting in the wind long enough: “Lynch’s nomination has been awaiting confirmation for 128 days, longer than the past five attorneys general. Holder, by comparison, had to wait only 64 days before receiving Senate confirmation.”

Schedule a vote, Mr. Majority Leader, and allow Loretta Lynch to be confirmed.

Lynch nomination a cliffhanger? Why?

Sometimes I can be a bit slow on the uptake. I get that. I concede it’s a weakness.

But for the life of me, I do not understand why Loretta Lynch’s nomination to become the next U.S. attorney general is hanging by a thread. Someone will have to explain this one to me.

http://www.politico.com/story/2015/03/loretta-lynch-nomination-close-116032.html?hp=t2_r

Lynch is supposed to replace Eric Holder as AG. She was thought to be set for a relatively easy confirmation. Then the man who appointed her, President Obama, decided to issue an executive order that delayed deportation of some 5 million illegal immigrants; the order allows them to seek work permits while they stay in the United States.

The order enraged Senate Republicans. So what did they do? They began questioning Lynch about whether she supported the president’s executive decision.

What on God’s Earth did they expect her to say?

“Well, senator, since you asked, I think that’s the dumbest damn idea I’ve ever heard. It’s illegal. It violates the Constitution. The president has rocks in his head and he should be impeached just for being stupid enough to issue the order.”

Is that what they want her to say? I’m beginning to think that’s the case.

Instead, she has declared her support of the president’s decision. As if that’s some big surprise to the senators, some of whom said they’d support her initially, but then changed their mind because — gasp! — she’s endorsing a key policy of the man who wants her to become the next attorney general.

Who’da thunk such a thing?

Loretta Lynch is eminently qualified to assume this important post. Republicans have made no secret of their intense dislike of Holder, who said he’d stay on the job until the next AG is confirmed.

I believe Holder has done just fine as attorney general, but he wants to move on, spend time with his family, pursue other interests … all those clichés. So, let him do it.

First, though, confirm Loretta Lynch.

Oops, Perry has own email trail

Doggone it anyhow, former Gov. Rick Perry.

Why did you have to be so quick on the trigger in criticizing Hillary Rodham Clinton over this brewing email controversy, in which it is alleged that Clinton used a private email account to conduct federal government business.

It turns out the former Texas governor has done the same thing while working for our state.

http://www.texastribune.org/2015/03/04/perry-faces-transparency-questions-after-clinton-r/

Perry piled on Clinton quickly, accusing her of lacking “transparency” in the way she conducted the public’s business while serving as secretary of state from 2009 to 2013.

Now, though, two legislators — both Democrats — say they believe Perry is just as non-transparent as Secretary Clinton. The questions come from state Rep. Trey Martinez Fischer of San Antonio and former state Rep. Naomi Gonzalez of El Paso.

As the Texas Tribune reported: “Martinez Fischer and Gonzalez both sat on the House Committee on Transparency in State Agency Operations as it looked into turmoil on the University of Texas System Board of Regents. At a meeting of the panel in 2013, Martinez Fischer brought up the emails in question, some of which were then obtained by The Texas Tribune. The emails, in which Perry is identified as only “RP,” show him corresponding with a number of UT regents as well as Jeff Sandefer, a prominent Republican donor and informal adviser to Perry.”

The Tribune also reported that Perry’s office has responded to the allegations: “’The Governor’s Office complied with state law regarding email correspondence,’ Perry spokeswoman Lucy Nashed said. ‘While serving as governor of Texas, Gov. Perry’s emails were requested and released through public information requests.'”

Isn’t that what Clinton’s team has said, that she complied with the “spirit and letter” of federal law?

Is this yet another hurdle the ex-Republican governor will have to clear — along with that felony indictment alleging abuse of power — if he intends to seek the presidency once more?

 

Great work, judge, if you can get it

This thought didn’t originate with me. It comes from my friend Jon Mark Beilue, a columnist for the Amarillo Globe-News, who took note of something he saw.

I’m passing it along here.

It is that Judy Scheindlin, aka Judge Judy, I going to rake in tens of millions of dollars annually dispensing “justice” on television.

http://www.tvguide.com/news/judge-judy-contract-2020/

Judge Judy has been given a contract extension that will pay her an undisclosed amount of money through 2020. If history is a guide, it’s going to be for lots and lots of money.

Her Honor earned $47 million in 2014.

As Jon Mark noted in his social media post, the chief justice of the United States Supreme Court, John Roberts, earns about $225,000 annually. All he and his eight colleagues on the highest court in the land do for a living is determine whether federal laws comport with the U.S. Constitution. They get to decide things like, oh, the fate of the Affordable Care Act, whether someone deserves to be executed for crimes they commit or whether abortion remains legal.

Judge Judy? She gets to scold people for not making good on fender-bender accident claims, or shaving their neighbor’s pet dog or cat, or absconding with a refrigerator load of food. It’s that kind of thing that Judge Judy gets to hear.

For that she earns millions.

As Jon Mark noted: Only in America …

 

Ex-cop won't face federal civil rights charges

I truly don’t know what to think about the Justice Department’s decision against prosecuting a former police officer in the death of a young black man.

Darren Wilson, formerly a Ferguson, Mo., police officer, was no-billed by a local grand jury this past year after he shot Michael Brown to death during an altercation.

The grand jury’s decision to let Wilson go set off a firestorm across the nation.

Then the Justice Department said it would weigh in on whether Wilson violated any federal civil rights laws when he shot Brown to death. The DOJ said today it wouldn’t prosecute him.

http://thehill.com/blogs/blog-briefing-room/234595-feds-will-not-charge-officer-darren-wilson-in-ferguson-shooting

Is this a good thing? For Wilson, who quit the department after the grand jury cleared him, it’s certainly good news. Brown’s family no doubt feels differently.

Me? I tend to honor the local criminal justice system’s view on these matters. The locals said they lacked sufficient evidence to bring charges against the officer and the feds have concurred with what the locals decided.

But there’s an interesting political back story here. Outgoing Attorney General Eric Holder has been criticized — wrongly, in my view — as a “race-baiter.” The calls come from those on the right who contend that Holder, the nation’s first African-American AG, too often relies on race to inform his public policies.

Well, here we have a Justice Department deciding that the white former police officer didn’t commit a crime that needed a federal civil-rights trial to resolve.

Does that mean the criticism of Holder will subside, now that his department — which he is about to leave — has sided with the white guy?

Do not hold your breath waiting for that to happen.

 

Change of venue? Sure thing … not!

Dzhokhar Tsarnaev thinks he can find a more impartial jury pool in a city other than Boston.

Sure thing, accused Boston Marathon bomber. Go for it. My hunch is that the man’s trial is staying put.

http://news.yahoo.com/the-boston-marathon-bomber-s-hail-mary-to-change-trial-venue-203602095.html

Tsarnaev is accused of detonating a bomb that exploded at the finish line of the world-renowned race. Surveillance videos captured images of him and his late brother moments before the blast as they were leaving a “package” near the blast site.

Jury selection in Boston has been delayed by many factors, including the horrendous weather that has all but buried the city under several feet of snow. Those delays apparently have given Tsarnaev’s legal team reason to seek a “Hail Mary” move to get the trial moved to another site.

Where, it is fair to ask, is there a place where residents don’t know about the bombing or haven’t formed an opinion on the incident?

The same question could be applied to, say, the change of venue that the judge granted for Timothy McVeigh, who blew up the federal office building in Oklahoma City on April 19, 1995. The government moved his trial to Denver, where he was convicted anyway. The jury sentenced him to death and McVeigh was executed for his crime.

Tsarnaev’s trial should remain in the city where the crime occurred. The court will seat a qualified jury eventually, once the city clears the mountains of snow off the streets.

Immigration seas are roiling yet again

The political water under the immigration issue keeps tossing and turning to the point that it’s making me queasy.

The latest wave to crash against the immigration vessel came from the Southern Federal Judicial District of Texas and U.S. District Judge Andrew Hanen, who late Sunday said President Obama’s executive action delaying deportation of illegal immigrants violated the federal Administrative Procedure Act, which governs the way federal regulations are set up and how much public input is delivered.

http://www.texastribune.org/2015/02/16/executive-action-immigration-ruling/

The Obama administration plans to appeal, most likely to the 5th U.S. Circuit Court of Appeals.

Texas Gov. Greg Abbott and state Attorney General Ken Paxton hailed the judge’s ruling, saying it validates their contention that the feds reached beyond their grasp in delaying the deportation of illegal immigrants, about 1.46 million of whom live in Texas.

“President Obama abdicated his responsibility to uphold the United States Constitution when he attempted to circumvent the laws passed by Congress via executive fiat,” Abbott said in a statement, “and Judge Hanen’s decision rightly stops the President’s overreach in its tracks.”

Paxton agrees with the governor. “This decision is a victory for the rule of law in America and a crucial first step in reining in President Obama’s lawlessness,” he said in a statement. “This injunction makes it clear that the President is not a law unto himself, and must work with our elected leaders in Congress and satisfy the courts in a fashion our Founding Fathers envisioned.”

Did politics play a part in this federal judge’s decision? Judge Hanen was appointed by President George W. Bush and already is on record as suggesting the Department of Homeland Security was breaking immigration law by allowing undocumented immigrant children to be reunited with their parents rather than deporting or arresting them, according to the Texas Tribune.

Let’s wait, then, for progressives to bemoan the actions of an “unelected activist judge” who places himself above the law. I’m betting we won’t hear such an argument coming from that side of the aisle.

Something tells me the U.S. Supreme Court is likely to get this one.

In the meantime, pass the Dramamine.

 

Let's try to define AG's 'independence'

U.S. Senate Judiciary Committee Chairman Charles Grassley wants the next attorney general to show some “independent” thought if she’s confirmed to run the Justice Department.

So far, Attorney General-designate Loretta Lynch isn’t demonstrating the requisite independence to suit Chairman Grassley’s taste.

GOP cools on Loretta Lynch

The committee, which has to sign off on her nomination before the full Senate votes on her confirmation, delayed the vote for a couple of weeks. The reason? Lynch hasn’t put sufficient distance between herself and President Obama on the issue of immigration and the president’s executive actions that delays deportation of some 5 million undocumented immigrants living in the United States.

I’ll admit to being a bit slow on the uptake at times, so I don’t quite understand this “independence” concern being expressed.

The president nominates Cabinet officers because he wants them to be on the same page as the person who nominates them. How can a member of a president’s Cabinet exhibit sufficient independence without undermining the overall goals that the administration seeks to achieve?

As The Hill reported: “I think [Attorney General Eric] Holder is running the Justice Department like a wing of the White House,” (Grassley) added. “That’s not right, and I want her to show us that she can be independent.”

So, is the chairman asking Lynch to buck the president on an issue he deems critical enough to take executive action?

How does, say, a defense secretary demonstrate independence when he or she assumes command of the Pentagon, which falls under the ultimate purview of the commander in chief? How does a treasury secretary oversee fiscal policy independent of the president who might have a clear set of economic principles he wants the country to follow?

Maybe there’s some kind of middle ground that Grassley and other Senate Republicans are seeking from the next attorney general.

I stand by my belief that the president’s prerogative should carry greater weight if he nominates someone who’s qualified to do a job.

Accordingly, Loretta Lynch is supremely qualified to be the next attorney general — even if she happens to support the policies of the president who appoints her.

 

KKK spews same old hate message

Hold on a second! I thought I read a time or two that the Ku Klux Klan was seeking to remake its image, that it was going to a sort of “kinder, gentler” hate group.

I must have dreamt it. The KKK is reverting to form.

A Mississippi Klan chapter has issued what it said is a “call to arms” to protest a decision to allow same-sex marriages to occur next door in Alabama.

http://www.salon.com/2015/02/14/kkk_issues_call_to_arms_over_alabama_same_sex_marriage_ruling_partner/?utm_source=facebook&utm_medium=socialflow

Where I come from, a “call to arms” means what it says: that you are going to take up arms and fight someone — in this case, presumably the federal government. Also, where I come from, that sounds like sedition, which means to plot against the government, to mount an armed rebellion. And isn’t that an act of treason, punishable by, um, death?

A Ku Klux Klan grand dragon/serpent — a guy named Brent Waller — said this on a website post: “We as White Christians intend to see that no outside agitators bully or intimidate the White Christian majority in the State of Alabama. We salute those like the chief justice (Roy Moore) for standing against the Immoral, Ungodly and activist Federal Judges.”

How will they do that? Are they going to shoot someone?

Holy hate speech, Batman!

This nimrod needs to know that the federal judges who are ruling against statewide bans on same-sex marriage are acting totally within the law. The Constitution gives them authority to interpret the nation’s government framework, which they’re doing by declaring the 14th Amendment to the Constitution protects all Americans’ right to “equal protection” under the law. I will restate right here that all Americans means everyone, no matter their sexual orientation.

History has demonstrated time and again — for more than a century — that the Klan doesn’t believe in the Constitution.