Category Archives: legal news

‘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

SCOTUS: above the law?

The irony is so rich you can slice and dice it, given the U.S. Supreme Court’s insistence that lower courts abide by strict ethics rules … but operates on its own without any such restriction.

We have three justices on the nation’s highest court who now have some serious — and possibly egregious — ethics troubles hanging over them.

They start with the chief justice, John Roberts and include Justices Clarence Thomas and Neil Gorsuch. The Senate Judiciary Committee had invited Chief Justice Roberts to visit with the panel about those questions, but Roberts declined, citing judicial independence.

Ridiculous.

Roberts’s wife is a headhunter for law firms, earning millions of dollars annually. The firms for which she works routinely have business before her husband’s court. Conflict of interest? Looks like it to me.

Justice Gorsuch sold some property to a lawyer with another mega firm, which also does business with the court. More conflict? Umm, yep!

Justice Thomas has demonstrated a nearly legendary lapse of judgment. His wife is part of the Big Lie crowd, believing the 2020 election was stolen from Donald Trump; a Texas gazillionaire has lavished gifts on the Thomases and the justice has failed to report them; the rich Texan also has purchased the justice’s mother’s home and allows her to live there rent free. What do you think about that? Yeah … conflict of interest.

But the court has no rules governing this conduct. There are no restrictions or reporting requirements demanded of the men and women who serve on the court.

These men all have one thing else in common: they are Republican-nominated justices.

Why mention the partisan label? Well, consider something else. Democratic Vice President Kamala Harris’s husband, Doug Emhoff, was a partner in an international law firm. By the time VP Harris was sworn into office, Emhoff quit his job, surrendering millions of dollars in income. Why? Because there might be a hint of conflict. He chose the right path and is now teaching law at Georgetown University, earning a handsome salary, but which is significantly less than he would have earned had he stayed employed by the mega firm.

No one can fire any of the justices, or the vice president. The only way to remove them from office is to impeach them and then convict them in a congressional trial. The three men mentioned here have ignored any pretense of ethical conduct; the vice president and her husband have chosen a more correct option.

There must be an accounting for the individuals who serve on the nation’s highest court. For the chief justice to resist any calls for ethics reform is to betray the high office he occupies.

johnkanelis_92@hotmail.com

Just quit, Justice Thomas!

Your humble blogger — that’s me! — has used this forum to call for Supreme Court Justice Clarence Thomas to resign because of what I believe is a conflict of interest involving his wife’s involvement with The Big Lie movement and the 2020 presidential election.

I now want to offer a brief explanation as to why it wouldn’t make a damn bit of difference on the high court.

The Supreme Court now comprises a 6 to 3 conservative majority. Thomas is one of the six; the others are Chief Justice John Roberts and associate justices Brett Kavanaugh, Amy Coney Barrett, Samuel Alito and Neil Gorsuch.

If Thomas left the court, it would still have a conservative majority, given that President Biden is likely to find a more, um, liberal judge to confirm to the court.

So, what’s the big deal? Justice Thomas no longer is able to serve on the court when his wife is actively involved in a matter involving the 2020 election, which keeps coming before the court on various rulings … which Thomas glaringly deviates from the majority by dissenting in favor of the 45th POTUS.

Then comes the news about Justice Thomas taking those lavish gifts from a billionaire Texan and refusing to report them, as he should have done. Good grief! Oh, and then the billionaire ends up buying a house for Thomas’s mother … and lets her live there rent-free!

Just resign, Justice Thomas.

johnkanelis_92@hotmail.com