Category Archives: legal news

legal news, national news, political news

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.

legal news, political news, State news

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?

 

entertainment news, legal news

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 …

 

legal news

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.

 

legal news

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.

legal news, State news

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.

 

legal news, national news

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.

 

legal news, national news

KKK spews same old hate message

3 Comments

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.

 

 

legal news, political news, State news

Perry needs to go to trial quickly

Prosecutors have defined more sharply the allegations of abuse of power leveled against former Texas Gov. Rick Perry.

So, let’s get this trial underway in short order, OK?

http://www.texastribune.org/2015/02/13/prosecutors-perry-case-amend-charges/

The state has redefined the charges, bringing them into sharper focus. They result from an Aug. 15, 2014 Travis County grand jury indictment charging the then-governor with two felonies: abuse of power and coercion of a public official.

As the Texas Tribune reports, the charges stem from his public threat to veto money appropriated for the Public Integrity Unit run by Travis County District Attorney Rosemary Lehmberg, who pleaded guilty to drunken driving. Perry wanted Lehmberg to quit. She didn’t, so he made good on his threat, vetoing the $7.5 million appropriated by the Legislature for the PIU.

According to the Tribune: “The prosecutors argue that a governor’s veto power is not absolute, and can be misused for criminal purposes. In this case, they contend, Perry’s veto threat was meant to accomplish one of two goals: either forcing an independent, local elected official out of office or hindering corruption investigations. Either goal was illegal, they say.”

It’s the interference in the affairs of an “independent, local official” that rubs so many of us the wrong way.

The governor does have the authority to veto money the Legislature appropriates. Gov. Perry would have been on firmer footing had he kept his trap shut prior to vetoing the money. He didn’t. Instead, he made a big public splash about Lehmberg’s conduct — which surely was abominable. Perry became entangled in the DA’s office improperly. He had no legal standing to force her to do anything.

All the governor had to do was veto the money without making such a huge public issue of Lehmberg’s DUI arrest.

Judge Bert Richardson, who now sits on the Texas Court of Criminal Appeals, had declined a defense motion to dismiss the indictments. The trial should go forward, he said.

So it will. Let’s get this thing done. After all, the former governor has a presidential campaign to launch — provided, of course, he isn’t convicted of the crimes for which he’s been charged.

 

legal news

Ready or not, Texas, same-sex marriage on its way

Get ready, Texas.

We’re about to be told that same-sex marriage is OK after all in the Lone Star State.

That vote we had to amend the Texas Constitution to say “not just ‘no,’ but ‘hell no!’ to same-sex marriage”? It’s going to be ruled in violation of the other Constitution, the federal document that governs all Americans. You see, it has an amendment that guarantees “equal protection under the laws” for all U.S. citizens. It doesn’t say just for those who want to marry those of the opposite sex; it means all, period.

http://www.texastribune.org/2015/02/12/light-alabama-plaintiffs-tx-ask-relief/

The U.S. Supreme Court ruled against an effort to overturn a lower-court ruling involving this issue in Alabama. That has court-watchers believing that other states whose same-sex marriage laws are in limbo at the moment now will be informed that, yes, they also must allow same-sex couples to get married.

One of the U.S. Supreme Court justices, Ruth Bader Ginsburg, has said publicly that all Americans had better get used to the idea of same-sex marriage becoming legal in this country.

I remain somewhat conflicted on this issue. I dislike using the term “marriage” to define same-sex relationships. Being an old-fashioned kind of fellow, I remain a bit reluctant to climb on board fully. That all said, I do understand what the federal Constitution’s 14th Amendment says about equal protection.

Therefore, I believe it should be legalized purely on the grounds that the Founders understood that all citizens need certain guarantees written into the nation’s governing framework.

Texas remains one of 50 states, all of which are subject to federal law. Thus, we’d better prepare ourselves for the inevitable change in the way we view marriage.