Category Archives: legal news

Special counsel speaks fundamental truth

Jack Smith, with just a single sentence, today laid out the complexities of our criminal justice system and highlighted his personal integrity.

Smith emerged today to reveal the contents of the indictment issued against Donald J. Trump. The cascade of evidence looks — to my untrained eyes — like a slam-dunk case. If I could predict an outcome, it would be that Trump is going down … hard.

Not so fast, the Justice Department’s special counsel, said today.

Trump, Smith said, “is innocent until proven guilty beyond a reasonable doubt.”

So, there you have it summed up neatly in a single phrase uttered by a seasoned prosecutor who had been called to duty by Attorney General Merrick Garland. Smith’s wisdom highlights graphically how complicated our system is and how it must always be.

No matter how persuasive the evidence appears to be — and Smith’s 37-count indictment appears to be irrefutable — we have a judicial process that must run its course. Our Constitution provides a guarantee of the presumption of innocence, to which all U.S. citizens are entitled.

Donald Trump usually expresses outward fearlessness of anyone or anything. My own view of the former POTUS suggests he must be trembling in terror at the prospect of Jack Smith prosecuting this case against him.

Smith showed his ethical chops today by declaring his own understanding that in our system of jurisprudence, everyone is innocent until proven guilty.

The special counsel, therefore, has set a high bar for himself, which tells me he has every intention of clearing it.

johnkanelis_92@hotmail.com

‘No one is above the law’

Merrick Garland has proven to be a man of his word, which some might suggest is a rare thing to behold in this contemporary world of public service.

The U.S. attorney general has told us time and again — and then some more — that “no one is above the law.” By “no one,” he means what precisely he said. No … one!

Not even a former president of the United States.

It is with that I want to salute the AG for signing off on a matter that indicted Donald J. Trump on seven counts relating to his pilfering of classified documents from the White House.

Garland appointed special counsel Jack Smith to complete the probe into Trump’s taking of those documents. Smith and his team found a treasure trove of evidence, starting with the documents themselves and aided with public statements bellowed from the ex-POTUS himself.

Donald Trump in effect sealed his own fate with his careless blathering about what he said he was “entitled” to take. He was entitled to take nothing from the White House. He did anyway. He also lied to the FBI about what he had returned and lied continually about the significance of the documents he had in his possession.

The attorney general has held the former POTUS accountable for his actions, to which I would add … it is about damn time!

As for his being faithful to his pledge that “no one is above the law,” that is worthy of the highest praise I can muster.

johnkanelis_92@hotmail.com

‘No-name’ makes history

I would be willing to pay real American money to someone who could prove to me he or she knew who Jack Smith was when Attorney General Merrick Garland appointed him special counsel to examine the charges leveled against Donald J. Trump.

Well, this no-name “tough and dogged” federal prosecutor has made history in a major way by indicting Trump on seven counts related to the ex-POTUS’s squirreling away of classified documents at the end of his term in office.

Roll this around for just a moment. We now have the former commander in chief, the former head of the U.S. government’s executive branch being charged by that very branch of government on felony charges that could put the ex-POTUS in prison for the rest of his miserable life.

The Justice Department’s charges are serious, man. I have no idea what it all means to the political calculus in play as Trump campaigns for the presidency in 2024. The legality, though, is as clear as it gets.

And for crying out loud, spare me the “politicization” argument that is going to come from the MAGA crowd. Trump is going to make this a political case. He is going to accuse DOJ of “election interference.” Imagine, too, the hideously rich irony of Trump claiming election interference … given that he is the King of Election Interference!

Jack Smith has done precisely what Merrick Garland asked of him. He did it with professionalism, steely resolve and a commitment to the rule of law.

He now has become a household name. Who knew?

johnkanelis_92@hotmail.com

Paxton support at home is, um, shaky

What do you know about this? The Texas Tribune reports that all the state legislators who represent portions of Collin County — Attorney General Ken Paxton’s home county — voted to impeach him at the end of the Texas Legislature’s session.

The Tribune reports: But a unanimous vote to impeach Paxton by the five Republican representatives from Collin County — Frederick Frazier of McKinney, Jeff Leach of Plano, Matt Shaheen of Plano, Justin Holland of Rockwall and Candy Noble of Lucas — exposed a statewide rift within the GOP that’s apparently also been playing out in Paxton’s backyard.

Not only that, but Rep. Leach is one of the House impeachment managers who will make the case to the state Senate, which is set to begin trying Paxton for an assortment of allegations no later than Aug. 28.

“It has been true that Paxton had the support of Collin County, but that support has been decreasing over the years, and when the crunch came, it was simply no longer there,” according to Cal Jillson, a political science professor at Southern Methodist University and a Collin County resident.

This is fascinating stuff for me, given (a) that I, too, live in Collin County and (b) that I want Paxton to be booted out of office.

We all should have smelled that Paxton was in serious jeopardy when so many GOP House members voted with their Democratic colleague in impeaching Paxton, who becomes the first Texas AG ever impeached.

Ken Paxton’s impeachment hints at shaky support in Collin County, his longtime base of power (msn.com)

There might be a reckoning to be had when the Senate convenes its trial. At least one can hope.

johnkanelis_92@hotmail.com

Hoping they’ve had enough

My eternal optimism often gets tested by Texas politicians, so many of whom are motivated by forces with which I disagree vehemently.

But … it is getting a push in the right direction with the impeachment of Attorney General Ken Paxton and his pending trial in the Senate on allegations that he is as crooked as a dog’s hind leg.

Senators will convene a trial no later than Aug. 28. They’re going to hear a chorus of allegations leveled against the AG: that he took a bribe to help a campaign donor, that he cheated on his wife (one of the senators who might get to decide his guilt or innocence), that he fired whistleblowers for making complaints about his behavior.

The House General Investigating Committee referred the impeachment in the House. It was a unanimous vote. The House impeached the Republican AG by an overwhelming vote of 121-25. House members showed considerable backbone in condemning the AG.

Oh, and then we hear about political threats he made to House Republicans if they voted to impeach him.

And why? My hope — if not yet my sense — is that Republicans are fed up to here with the constant drumbeat of allegations of misbehavior by the state’s top law enforcement officer.

It seems to me that whenever Paxton’s name shows up in the news it has something to do with someone complaining about the manner in which he is doing his job.

We need an attorney general who can make news simply by performing the tasks of his office.

Thus, I will hope that Texas senators can borrow from the spunk shown by the House colleagues. My eternal optimism needs a kick.

johnkanelis_92@hotmail.com

Stay quiet, senators

Should the 31 men and women who comprise the Texas Senate reveal to the public how they intend to vote on whether to convict the state’s attorney general of crimes he allegedly committed?

With emphasis, I want to say “no!”

AG Ken Paxton is set to stand trial no later than Aug. 28 on 20 articles of impeachment that the Texas House zoomed through in the final days of the 2023 Legislature.

As the Texas Tribune reports, we can expect a “much different rhythm” in the Legislature’s other chamber.

Lt. Gov. Dan Patrick leads the Senate and he’s keeping his own thoughts on Paxton’s guilt or innocence to himself, as he should.

“Don’t ask me any more questions because I can’t answer them,” Patrick said during an event with the Texas Public Policy Foundation. “Look at me like a judge before a case and look at our senators like that. Be respectful of their space and time. This is very serious. There are very serious people, and the Senate is going to do our job in a professional way.”

Ken Paxton impeachment moves to Texas Senate, where unknowns await | The Texas Tribune

There you go. The Senate is acting as a jury. The Legislature has hired two legal hot shots — Dick DeGuerin and Rusty Hardin — to lead the prosecution.

I want there to be some suspense prior to the convening of the trial. For senators to blab and blather on their predisposition before they deliver a verdict would be prejudicial and would signal that the fix is in — either way — in what Patrick as described as a “very serious” proceeding.

Let the process move forward.

johnkanelis_92@hotmail.com

Prepare for ‘firsts’ posts

Spoiler alert: Your friendly blogger — that’s me — is likely to subject readers to a series of blog posts commemorating a series of “firsts” that my family and I will endure during the coming year.

My precious bride, Kathy Anne, passed away in February. I have spoken already on this blog about the “firsts” that will arrive during the course of the year.

Mothers’ Day came and went and I didn’t post anything specific about that. But there will be more of them to come. First Fourth of July (which KA loved to celebrate), first Fathers’ Day (which she honored my role in becoming a dad), first wedding anniversary, first Thanksgiving, first Christmas (when she became the equivalent of the Looney Tunes Tasmanian Devil decorating for the holiday).

I am just advising you of what’s to come. I have to make note of these events. It’s part of my journey out of the darkness. Be patient. I hope you glean something constructive and affirming from them.

johnkanelis_92@hotmail.com

AG Paxton is getting some serious heat … finally!

Well now, Texas Attorney General Ken Paxton — who’s been under felony indictment nearly for as long as he has been in office — is facing even more trouble.

This time it’s coming from his fellow Republicans who serve in the Legislature.

Can it be that finally the AG is going to get his long- and well-deserved comeuppance? You may count me as one Texas resident who wants to see it happen to the former legislator who has disgraced the office he has occupied since 2015.

The Hill newspaper reports:

On Wednesday, four former state prosecutors commissioned by the state House publicly unveiled the results of their sweeping investigation into years of alleged misconduct by Paxton.

Headlining those allegations: charges that the attorney general took bribes from an Austin real estate developer, then fired four deputies for reporting it to law enforcement — and then leaving taxpayers on the hook for a $3.3 million settlement with the whistleblowers. 

Paxton is also accused of seeking a sweetheart job for a woman he was having an affair with and who had worked in his wife’s office. 

The House General Investigations Committee, which recommended the ouster of former state Rep. Bryan Slaton of Royse City, is now looking into Paxton’s conduct. The allegations against Paxton “curl my mustache,” said Committee Chairman Andrew Murr, R-Junction.

Paxton has managed to avoid a trial since a Collin County grand jury indicted him for securities fraud. That he has been re-elected twice as the state’s chief law enforcement official has been enough to make me question the wisdom of Texas voters. But he has and I accept the voters’ verdict, even if I disagree with it.

Still, the guy needs to go.

I have been alarmed at the notion of Paxton rising to call for the resignation of House Speaker Dade Phelan after a video emerged showing Phelan slurring his words at the end of a long day at the podium in the House chamber.

That such a call would come from an indicted public official is laughable on its face … except that I ain’t laughing.

Battle rages in Texas between AG Paxton and GOP-controlled House | The Hill

So, what can come from the House committee’s probe of the AG? Let’s say it out loud: He could be impeached and then put on trial in the Texas Senate.

I can’t stop shaking my head.

johnkanelis_92@hotmail.com

Not a ‘liberal’ vendetta

As I listen to congressional Republicans launch their counterattack in defense of Supreme Court Justice Clarence Thomas, I am struck by what I am not hearing from them.

I am not hearing GOP lawmakers actually defending Justice Thomas’s receiving of lavish gifts from a Texas billionaire. They aren’t justifying the fact that Thomas has refused to report those gifts to the court.

No. Instead they are questioning the motives of those who are reporting these hideous ethical lapses on the part of Justice Thomas. Sen. Ted Cruz, the Texas Republican, said liberals “hate” Justice Thomas and “will do anything” to undermine him.

Others have echoed the Cruz Missile. The likes of Sen. Josh “Clenched Fist” Hawley, Sen. Lindsey Graham and Sen. Mike Lee all have singled out the so-called “liberal media” for launching what they call a vendetta against the conservative justice.

Thomas has taken vacations aboard Harlan Crow’s luxurious yacht; he has allowed Crow to purchase his mother’s house and let her live in it rent free; he has paid for a grandnephew’s tuition at a high-end private school.

Think about this: What we have is a Supreme Court justice who is on the take.

C’mon, guys! This isn’t a “liberal media” campaign. It is the result of gumshoe reporting that has revealed the sad and maddening lack of ethical standards for the nine men and women who sit on the nation’s highest judicial panel.

johnkanelis_92@hotmail.com

Thomas’s ethics getting stickier

Is there no end in sight for the ways that Clarence Thomas can disgrace himself, the high office he occupies and the judicial system over which he presides?

The U.S. Supreme Court associate justice — the longest-tenured member of the nation’s highest court — is now reportedly the recipient of yet another lavish gift from a Texas billionaire who, that’s right, has business before the court.

Dallas financier Harlan Crow has been paying the tuition to a high-priced private school for Justice Thomas’s grandnephew, who he has raised as his son.

Oh, my. The hits just keep coming. Crow has treated Justice and Mrs. Thomas to trips on his private aircraft and yacht in exotic locations around the world. He has purchased a home for Thomas’s mother and allowed her to live in it rent free. Now we hear about the tuition payments for Thomas’s grandnephew.

I want to offer a bouquet of sorts to Justice Thomas, who has helped raise the young man. That’s a noble act and I don’t want to let that go unnoticed. However, such nobility should not be the stuff of potential graft from a rich pal … who befriended the justice only after he joined the Supreme Court in 1991.

What a coincidence, yes?

As we have noted here already, the nation’s highest court demands the courts lower on the judicial pecking order follow strict ethical guidelines. Yet it has none for its own nine members.

Are we left, then, to believe the Supreme Court is self-policing, that its justices are adhering to the letter and the spirit of ethical standards? I guess so … except that they aren’t doing anything of the sort.

What we have instead is a Supreme Court once held in high esteem by the public denigrating itself because some of its members — not just Justice Thomas — are flouting the standards they demand of others within the federal judiciary.

It is hypocritical in the extreme.

johnkanelis_92@hotmail.com