Wednesday, June 24, 2020

D.C. Circuit orders Flynn case dismissed

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The 2-1 decision is here . It’s right on, as I have argued in the Washington Post , USA Today ,  The Hill , and in this debate hosted by T...
7 comments:
Tuesday, June 23, 2020

What will happen when the SDFLA reconvenes grand juries and starts having jury trials again?

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Will it be business as usual? In New York, there is a huge backlog of criminal cases.   According to the New York Times : In Federal Dis...
6 comments:
Sunday, June 21, 2020

Thought experiment

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What would have happened if President Obama had Attorney General Eric Holder fire SDNY U.S. Attorney Preet Bharara because Bharara was inves...
10 comments:
Friday, June 19, 2020

This is not The Onion.

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This is your President: Do you get the impression that the Supreme Court doesn’t like me? — Donald J. Trump (@realDonaldTrump) June 18,...
7 comments:
Wednesday, June 17, 2020

Law clerks unite

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This is a great story about a law clerk rightfully taking on a very powerful federal appellate judge in a group email and winning.  So grea...
12 comments:
Monday, June 15, 2020

"An employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex. Sex plays a necessary and undisguisable role in the decision, exactly what Title VII forbids.”

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That was Justice Gorsuch for a 6 Justice majority today (including Chief Justice Roberts) in Bostock  v. Clayton County.  This was another s...
14 comments:
Sunday, June 14, 2020

Tennessee v. Garner

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You'll be hearing a lot about that old 1985 case in the coming weeks.  It's interesting to re-read the case and to listen to oral a...
2 comments:
Friday, June 12, 2020

"Cellphones haven't stopped cops from lying — only courts can do that"

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That's the title of my latest piece in The Hill .  Here's the intro: A 75-year old man was injured when he “tripped and fell.” Tha...
6 comments: