Categories
Constitutional Law

SCOTUS Dodges Issue of Removing Undocumented Immigrants from Census

The Supreme Court has dismissed as premature a challenge to President Trump’s plan to exclude people living in the country without legal documents from the Census’ population count, used to allot states seats in the House of Representatives. The six conservative judges on the Court said that until action is actually taken and people are […]

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Constitutional Law

Trump’s Twitter Executive Order is Legally DOA

After Twitter placed “Get the Facts” labels on President Trump’s false Tweets about massive voter fraud caused by mail-in voting, the POTUS went on a tirade against the social media giant, comparing the fact-checking labels to censorship (which it is not) and accusing the company of stifling conservative voices (though the president provided no examples […]

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Constitutional Law

The Case for Impeachment

As a trial lawyer, I think I would like my chances trying this case of impeachment before just about any jury but the GOP Senate who will nullify the House’s articles no matter what. That doesn’t mean the House shouldn’t vote the articles (including contempt of congress). In fact, I believe they must. Will it […]

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Constitutional Law

A Quick Guide to the Impeachment Process

I am hearing so much noise – most of it from the right but some of it from the left – about the impeachment process that is simply incorrect that I thought I would give a quick guide to the process and what testimony there has been to date in the current impeachment inquiry. And […]

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Constitutional Law

1st Amendment Stops Trump from Blocking Twitter Followers but Allows NFL to Ban Kneeling

The First Amendment is causing quite a stir in social media as a result of two headlines this week: (1) A Federal Judge said that because the President’s Twitter feed is a public forum, he cannot ban any followers due to their speech and (2) The NFL stated that it will issues fines to teams […]

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Criminal Law Litigation

Cohen Search Warrant is Nothing New

The President is screaming that the search warrant executed on the offices Michael Cohen, his longtime attorney, is an attack on our country and a violation of the attorney-client privilege. First of all, 9-11 was an attack on our country; this search is just one step in a long criminal investigation. But Presidential histrionics aside, […]

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Constitutional Law Criminal Law

Speaking to the Feds is Always Dangerous and to Be Avoided if Possible

Rumors are swirling that President Trump’s personal lawyers are suggesting to him that he not voluntarily meet with Special Prosecutor Robert Mueller to answer questions in Mueller’s Russia probe. Of course they are and they well should tell him to not go gently into that good night. As any good criminal defense lawyer who has […]

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Intellectual Property Litigation

Pro Se Plaintiff Beats Back Trump Org in Trademark Battle Over iTrump Music App

After a contentious six-year legal battle, the Trump Organization and its phalanx of high-priced lawyers have been beaten down by 40-year-old San Francisco music teacher, Tom Scharfeld. Scharfeld developed a few apps to allow iPhone users to replicate playing musical instruments on their devices. He developed iBones to simulate trombone playing and iTrump to simulate […]

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Constitutional Law

Dept of Justice Uses Racist Decision In Support of Trump Travel Ban

The Dept of Justice, headed of course by Attorney General Jeff Sessions, is tasked with defendant President Trump’s executive order that prohibited entry into the United States from several majority-Muslim countries. This coming Monday, the Fourth Circuit will hear argument on the second version of the Trump travel ban, which two lower courts have already […]