Judge’s Opinions

While the eyes of the political and media classes were on President Donald Trump as he commemorated the 75th anniversary of D-Day in the United Kingdom and in France last week, and then as we all watched for progress in the tariff war Trump started with Mexico, the Department of Justice was quietly trying to persuade a federal judge in Chicago to abandon first principles with respect to citizenship and sentencing.
The DOJ filed a motion asking a federal judge to strip the American citizenship of one Iyman Faris. Faris, who was born in Pakistan, has been a naturalized. . .

Last week, special counsel Robert Mueller — who had been appointed by the Department of Justice two years earlier to investigate the nature and extent of Russian attempts to influence the outcome of the 2016 presidential election and to determine, if those attempts did occur, whether the Russians had any willing American collaborators in the Trump campaign — came to the cameras and announced his resignation. He also underscored some of his findings and did so in such a manner as to gin up House Democrats in their march toward impeachment.
Since his nine-minute statement and his subsequent resignation. . .

"Congress shall make no law...
abridging the freedom of speech,
or of the press..."
— First Amendment to the U.S. Constitution
When James Madison agreed be the scrivener at the Constitutional Convention during the summer of 1787, he could not have known that just three years later he'd be the chair of the House of Representatives committee whose task it was to draft the Bill of Rights.
In doing so, he insisted that the word "the" precede the phrase "freedom of speech" in what was to become the First Amendment, so. . .

"If the president does it,
that means it is not illegal."
—Richard M. Nixon (1913-1994)
The revelation last weekend by Michigan Republican Congressman Justin Amash that he believes the Mueller Report accuses President Donald Trump of impeachable offenses has ignited firestorms in both major political parties on Capitol Hill. Amash's argument is simple and essentially unassailable, though his fellow congressional Republicans don't want to hear it and Democrats don't know what to do with it.
Here is the backstory.
When special counsel Robert Mueller delivered his report to Attorney General. . .

There was a time in American history — nearly all of it up to the presidency of Woodrow Wilson — when the federal government followed basic constitutional norms. With some unique and discrete exceptions, like the Civil War, Congress wrote the laws, the president enforced them, whether he agreed with them or not, and the judiciary interpreted them and assessed their compatibility to the Constitution. This is the separation of powers.
My late friend Justice Antonin Scalia often argued that the constitutionally mandated separation of powers is the most uniquely American and liberty-insuring aspect of the Constitution. James Madison. . .

William Barr, the attorney general of the United States, now faces a likely contempt citation for failing to comply with a congressional subpoena and for misleading Congress. This is about the Mueller investigation of Russian interference in the 2016 presidential election. Isn't the investigation now complete? How did the attorney general's veracity become an issue and thereby extend the life of the investigation?
Here is the backstory.
When special counsel Robert Mueller completed his 448-page final report of his nearly two-year investigation of Russian interference in the 2016 presidential election, the Trump campaign and. . .

One should expect fireworks this week as Attorney General William Barr testifies before the Judiciary Committees of both the House and the Senate about the investigation and the report of special counsel Robert Mueller regarding Russian interference in the 2016 American presidential election. By now, most folks know that the interference was substantial but don't seem to care much.
We know from Mueller's report that Russian intelligence agents engaged in sophisticated cyber warfare against the United States, and we did very little to resist them. The Russians were physically here. They engaged via email and text. . .

When the Department of Justice designated Robert Mueller as special counsel to take over the FBI investigation of the Trump campaign in May 2017, Mueller's initial task was to determine if there had been a conspiracy — an illegal agreement — between the campaign and any Russians to receive anything of value.
When former FBI Director James Comey informed Mueller that he believed Trump fired him because he had declined Trump's order to shut down the investigation of Trump's campaign and of his former national security advisor, retired Lt. Gen. Michael Flynn, Mueller began. . .

When Attorney General William Barr released his four-page assessment of Special Counsel Robert Mueller's 400-page report, I was disappointed at many of my colleagues who immediately jumped on board the "no collusion" and "no obstruction" and "presidential exoneration" bandwagons.
As I write, Barr and his team are scrutinizing the Mueller report for legally required redactions. These include grand jury testimony about people not indicted — referred to by lawyers as 6(e) materials — as well as evidence that is classified, pertains to ongoing investigations or the revelation of which. . .

"If the provisions of the Constitution be not upheld when they pinch, as well as when they comfort, they may as well be abandoned." — Justice George Sutherland (1862-1942)
Here we go again. The legal battle over the constitutionality of the Affordable Care Act — Obamacare — will soon be back in court due to the largely unexpected consequences of a series of recent events.
When the ACA was enacted in 2010, it was a stool with four legs. The first was a declaration that access to professional health care treatment — even for preexisting conditions &mdash. . .