What’s Next in the Flynn Case?
Tomorrow, the Federalist Society will host a public teleforum on the Flynn case, with Bill Otis, John Yoo, and John Malcolm. The time is 3:30 pm EDT / 12:30 PDT. Continue reading . . .
Author: Kent Scheidegger
Jury Trials Hit the Hardwood
Trial by jury and speedy trial are both required by the Constitution. So where do you hold a jury trial during a pandemic? In Kootenai Valley, Montana, the high school gym is used to maintain social distance, Rebecca O’Brien reports for the WSJ. Continue reading . . .
A Quiet Morning at SCOTUS
Not much action at the high court today. The court issued one opinion in a Foreign Sovereign Immunities Act case regarding suing foreign governments for sponsoring terrorism.
The court did not take up any cases for full briefing and argument. There is a big push by a number of groups to attack the doctrine of qualified immunity and make it easier to sue police officers. That would create one more reason to discourage people from entering the field, as if there were not enough already. It would expose officers to being sued for actions that were legal under precedents in effect at the time of the action but which a creative lawyer asks a court to declare illegal. Continue reading . . .
D.C. Circuit Will Not Rehear Execution Case
Last month, a splintered three-judge panel of the U.S. Court of Appeals for the D.C. Circuit vacated an injunction against executions issued by the D.C. District Court. See this post. Today, the court turned down the murderers’ request to rehear the case before all the active judges (except for CJ Srinivasan, who is recused). No judge of the court even called for a vote on it. Continue reading . . .
Scott Peterson Case Oral Argument
The capital murder case of the notorious Scott Peterson has finally been set for oral argument, 15 years after judgment in the trial court. Continue reading . . .
Massive Jailbreak Slipped Into COVID-19 Relief Bill
A broad range of criminals would be released from federal prison regardless of how heinous their crimes were or how many they committed if the latest coronavirus relief bill just introduced in the House becomes law. This is cynical, “never waste a good crisis” politics at its worst. If enacted, it will be paid for in the trauma and death of innocent victims. Continue reading . . .
Elon Thoreau Musk?
You find civil disobedience in the strangest places these days. Tim Higgins reports in the WSJ: Continue reading . . .
CJ Grants 10-Day Stay in Mueller Grand Jury Materials Case
Chief Justice Roberts has granted a 10-day stay in the controversy between USDOJ and the House Judiciary Committee on the release of grand jury materials from the Mueller probe.
Under standard procedure, the application was addressed to the Chief individually as the Circuit Justice assigned to the D.C. Circuit, where the case comes from. Continue reading . . .
USCA9 Gets Quill-Lashing From Unanimous SCOTUS
The U.S. Supreme Court severely admonished the Court of Appeals for the Ninth Circuit today for reaching out to recast a case to present issues not raised by the parties. The opinion was unanimous, written by Justice Ginsburg. The Ninth Circuit panel, at the time of the recasting, consisted of Judges Reinhardt, Tashima, and Berzon.
In United States v. Sineneng-Smith, No. 19-67, the high court disposed of the case saying, “we vacate the Ninth Circuit’s judgment and remand the case for reconsideration shorn of the overbreadth inquiry interjected by the appellate panel and bearing a fair resemblance to the case shaped by the parties.” In judicial-speak, that is a stern rebuke. Continue reading . . .
Major Surprise: No-Arrest Policy Leads to Rampant Crime
On March 18, the Philadelphia Inquirer reported, “Police Commissioner Danielle Outlaw notified commanders Tuesday that police will be delaying arrests for nonviolent crimes, including drug offenses, theft, and prostitution.”
Evidently the Chief did not anticipate the result reported by WPVI last Thursday. Continue reading . . .
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