Category Archives: White House

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 | Leave a comment

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