Category Archives: White House

Nixon, Trump and the Nexis Between Evil Policy and Core Crimes

It may be helpful to compare Nixon and Trump for the nexus between their crimes and the policy evil they espoused, and the comparison may have long term implications. (For non-lawyers, “nexus” is a word meaning something like connection and … Continue reading

Posted in White House

Judiciary Committee Democrats Should Call the Republican “Assistant” as an Expert Witness on Sex Assault Reporting and Veracity

We all remember the scene from Inherit the Wind.  Spencer Tracey, playing Clarence Darrow, is cut off from calling almost all his experts, so he turns round and calls the prosecuting William Jennings Brown-based character, who then makes a fool … Continue reading

Posted in Access to Justice Generally, Discrimination, Political Issues and Justice, Supreme Court, White House | 1 Comment

The Corporate Response to Trump

I have been suggesting that the “public trust and confidence” analogy between public commitment to court processes and fairness and public politics process and fairness might be useful.  The idea is that we need to find the way to talk … Continue reading

Posted in Access to Justice Generally, Anti-Trust, Federal Agencies, Federal Courts, International Cooperation, Judicial Supremacy, Political Support, Supreme Court, White House

Trump-Olson Retainer and Non-Disclosure Agreement

So, that was quick.  The story that Trump might be represented by Ted Olson, was shot down within hours. This blog has obtained a document which might explain why this marriage (a subject on which Olson has argued before the … Continue reading

Posted in Humor, White House | 3 Comments

A Small Caution for Trump on the Pardon Power With Respect to Federal Contempts

It does appear to be good law that even Federal Court criminal contempts are pardonable by presidents.  (I had  thought there might be a separation of power claim.) However, the Supreme Curt has hinted, back in 1925, that a pattern … Continue reading

Posted in Access to Justice Generally, Constitution, Contempt, Criminal Law, Federal Courts, White House

The Trump Endgame Is Going To Be About the Intersection of Political and Legal Contexts, Which Together Will Work To Speed the Process

There are several reasons why the received wisdom about the speed of the Trump removal process may be completely wrong.  Not surprisingly, most of the reasons relate as much to the political as to the legal context. One:  Perhaps most … Continue reading

Posted in Dept. of Justice, History, Judicial Supremacy, White House

Prosecutors Getting Rid of the Independent Commission on Forensic Science is Short-Sighted as well as Incomprehensible.

I simply offer you this cross examination of every investigator or expert: Q.   Thanks for your testimony, I am sure it will help the jury, but just a few things to clear up.  When did you get your training in … Continue reading

Posted in Criminal Law, Defender Programs, Dept. of Justice, Policing, Science, Technology, White House

ICE Policy Insults Courts by Not Treating Them as “Sensitive Locations.” This Calls for Far More Forceful Response By National Access and Court Organizations.

This from the ICE FAQ page says it all: Are courthouses sensitive locations? Courthouses do not fall under ICE or CBP’s policies concerning enforcement actions at or focused on sensitive locations. In other words, courts are not the kind of … Continue reading

Posted in Constitution, Court Management, Immigration, Judicial Supremacy, Self-Help Services, White House

A Contrarian View on Libel Law — Dealing with The Situation in Which The Courts Should Be Available to Establish The Truth, and Cheaply, While Making Sure that Libel Law Remains a Tool That Can Be Used By Truth Seekers To Counter Merchants of Hate

So the great and the good (and me, this time) get all upset when Trump talks about loosening libel law.  It not only fits with his ignorant aggrieved victim persona, but can be very effective at intimidating critics. But maybe … Continue reading

Posted in Constitution, Libel Law, Supreme Court, White House

Yet Another Way to Challenge the Legal Sufficiency of the Trump Presidency — Competency to Sign Orders and Bills

There has finally started to be some attention to the 25th Amendment mechanism for removal of the President (Larry Tribe on MSNBC, transcript here). The main problem is that while the VP would surely welcome such a development, can not … Continue reading

Posted in Access to Justice Generally, Attorney-Client, Congress, Constitution, Supreme Court, White House

CCJ/COSCA Letter to OMB on LSC Funding Highlights Bipartisan Support for Access to Justice

In response to recent stories that the Administration had LSC on a target list, perhaps the most powerfully bipartisan bodies in the US legal system chimed in in support for LSC funding. The Presidents of the Conference of Chief Justices … Continue reading

Posted in Access to Justice Generally, Budget Issues, Census Bureau, Funding, Legal Aid, LSC, Political Support, White House

A New Era of Jury Nullification?

Trump threat tweeted today that “the spotlight has finally been put on the low-life leakers! They will be caught!” That leaves a big loophole, since the vast majority are probably not”low-life” at all, but patriots.  They should be safe. But … Continue reading

Posted in Criminal Law, Policing, White House

What Emma Lazarus Would Write Today

Christine Webb is a British poet of great accomplishment and also a close multi-generational family friend. I feel honored that we are able to share this magnificent poem that Christine has written in response to recent actions taken in the … Continue reading

Posted in Access to Justice Generally, Dept. of Justice, Immigration, International Cooperation, Personal, White House | 2 Comments

Washington Post Explains Why Last Minute Regs Are Worth It

The Washington Post explains here why even last minute regs are worth the effort. While Republicans are already warning that they will reverse some of the rules Obama will issue during the last months of his presidency, White House officials … Continue reading

Posted in Access to Justice Generally, Dept. of Justice, Federal Agencies, Planning, White House

Important — Now Out, The WH-LAIR Report Is Actually Not Bittersweet Reading — It Is Hopeful For The Future But You Have to Read It Carefully

To be honest and direct, even though the first White HHouse-LAIR Annual Report (Legal Aid InterAgency Rountable) is “must reading,” it might feel at first like it might be hard to read, because it’s difficult not to think in terms … Continue reading

Posted in 100% Access Strategy and Campaign, Access to Justice Generally, Court Management, Law Schools, Legal Aid, LSC, White House | 1 Comment