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Category Archives: Courts

Self-pardon? It might not go how Trump thinks.

Politico: “An unprecedented move by President Donald Trump to grant himself a pardon during his remaining days in office could divide his handpicked Supreme Court majority. Court-watchers are bracing for an epic, intra-Federalist Society clash that could determine whether Trump — and future presidents — can declare themselves immune from criminal investigations even after leaving the White House. “I think it’s a very close question whether it would ultimately be allowed to go forward, but I think there’s a chance a self-pardon might be struck down and be found to be the only limit on the pardon power,” said Kristin Hucek, a former lawyer in the Justice Department’s Office of the Pardon Attorney. The Constitution contains no explicit bar to a president giving himself or herself a pardon, but some scholars contend the founders implied that the clemency power should not be used for self-dealing. The long-running legal debate, which has quickened in recent days amid reports that the president has discussed the idea of a self-pardon with aides, has gained fresh urgency now that Trump has stacked the court with three dyed-in-the-wool conservatives: Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett. While most of the justices claim to be both textualists — meaning that they adhere closely to the literal words of the Constitution— and originalists — who believe the intent of the founders is crucial to interpreting the law — cleavages sometimes emerge and they might do so again in a case over the validity of a Trump self-pardon…”

The Capitol attack set off a raging debate on Wikipedia: what to call it?

Fast Company – “‘Storming’? ‘Insurrection’? ‘Riot’? ‘Attempted coup’? On Wikipedia, where neutrality is prized above all, volunteers are still searching for the words….As facts came in, as editors double-checked and pruned according to Wikipedia standards, the text grew and shrank and grew again, so that only the most relevant verifiable and neutral language remained. “Once… Continue Reading

ABA Legal Fact Check updates prior posts on impeachment, perils of frivolous lawsuits

“The American Bar Association has updated ABA Legal Fact Checks on impeachment and the perils of filing frivolous lawsuits to assist reporters and editors working on these timely stories. With the U.S. House of Representatives voting to impeach President Donald J. Trump today for the second time in 13 months, the update on impeachment explores… Continue Reading

Compiling the Criminal Charges Following the Capitol Riot

LawFare: “On Jan. 6, a violent mob entered the United States Capitol Building during the congressional certification of President-elect Joe Biden’s victory, forcing lawmakers and congressional staff to flee to safe locations. The rioters arrived at the Capitol Building following a rally on the National Mall where speakers and demonstrated urged Congress to not certify… Continue Reading

Questions to Guide an Investigation of the Capitol Attack

Just Security: “The invasion of the United States Capitol was an entirely predictable event, which makes the wholesale security collapse all the more unconscionable. Threats on social media grew more frequent and specific after President Donald Trump called on his supporters to gather in Washington, D.C., and push Congress to overturn the election results. Somehow… Continue Reading

Federal Criminal Law: January 6, 2021, Unrest at the Capitol

CRS Legal Sidebar via LC: Federal Criminal Law: January 6, 2021, Unrest at the Capitol: “On January 6, 2021,a crowd gathered on the U.S. Capitol grounds, breached police barriers, entered the Capitol building, occupied portions of the building for an extended period of time, and clashed with law enforcement, resulting in at least five deaths,dozens… Continue Reading

Pete Recommends – Weekly highlights on cyber security issues, January 10, 2020

Via LLRX – Pete Recommends – Weekly highlights on cyber security issues, January 10, 2020 – Privacy and security issues impact every aspect of our lives – home, work, travel, education, health and medical records – to name but a few. On a weekly basis Pete Weiss highlights articles and information that focus on the increasingly… Continue Reading

Domestic Terrorism Prosecutions Reach All-Time High in FY 2020

“Because of the January 6 attack on the Capitol, the public is highly interested in government’s wider enforcement response to acts of domestic terrorism. In fact, last year in the wake of protests surrounding the death of George Floyd at the hands of police, there has been a large jump in federal prosecutions classified as… Continue Reading

Sealed U.S. Court Records Exposed in SolarWinds Breach

Krebs on Security: “The ongoing breach affecting thousands of organizations that relied on backdoored products by network software firm SolarWinds may have jeopardized the privacy of countless sealed court documents on file with the U.S. federal court system, according to a memo released Wednesday by the Administrative Office (AO) of the U.S. Courts. The judicial… Continue Reading

Artificial Intelligence in the Courts, Legal Academia and Legal Practice

Bennett Moses, Lyria, Artificial Intelligence in the Courts, Legal Academia and Legal Practice (August 7, 2017). Australian Law Journal, 91(7), p. 561-574 (2017), UNSW Law Research Paper No. 20-79, Available at SSRN: https://ssrn.com/abstract=3742515 “Advances in technology, in particular in artificial intelligence, will continue to have a significant impact on the discipline of law in academia,… Continue Reading

The Notorious RGB: Lessons on Legal Writing from the Legendary Ruth Bader Ginsburg

Lebovits, Gerald, The Notorious R.B.G.: Lessons on Legal Writing from the Legendary Ruth Bader Ginsburg (November 2020). Gerald Lebovits, The Legal Writer, The Notorious R.B.G.: Lessons on Legal Writing from the Legendary Ruth Bader Ginsburg, 92 N.Y. St. B.J. 76 (Nov. 2020)., Available at SSRN: https://ssrn.com/abstract=3718087 – “The article discusses Justice Ruth Bader Ginsburg’s advice on… Continue Reading

Google Docs versus Microsoft Word: Attorneys blame ‘technical incompatibilities’ for late filing

ZDNet – “…The American legal system runs on deadlines. As one practicing attorney wrote in an official publication for the American Bar Association, “[M]issing any filing deadline is a lawyer’s worst nightmare.” That’s especially true if you’re representing the plaintiffs in an “Emergency Complaint For Expedited Declaratory And Emergency Injunctive Relief” involving the United States… Continue Reading