Category Archives: Law
In a WSJ op-ed this morning, Speaker Paul Ryan calls he American Health Care Act “the boldest and most conservative health-care legislation to come before Congress in decades.” He plans to repeal and replace ObamaCare without “pulling the rug out” from under those who benefit from the new entitlement. President Trump is all in.
But House Freedom Caucus leaders say it’s not bold enough.
We’ll see. They vote today.
Hillary lost the election to Trump. It could be that she was a weak establishment candidate while Trump tapped into a deep vein of voter anger and resentment.
Or it could be that Russians stole the election.
FBI Director Comey told the House Intelligence Committee that the latter explanation is under federal investigation. But he offered no evidence of Russian collusion with the Trump campaign to rig the election. And Director of National intelligence Clapper has also said there is no evidence.
Comey also found no evidence to support President Trump’s early morning tweet that Obama wiretapped Trump tower.
CNN reports that there’s only one known crime in this caper. Someone in the government unmasked Michael Flynn’s name as a result of the intercepted phone calls of Russian Ambassador Sergey Kislyak.
While Comey was willing to discuss the FBI investigation of the Trump campaign he was unwilling to say if the Flynn leak was under investigation. That did not please Trey Gowdy.
A Hawaiian judge helped President Trump find the true meaning of his travel ban. Trump thought he was was using his legal authority as president to keep out perceived threats to the United States.
The president’s authority to declare such suspensions can been found in section 212(f) of the INA, the pertinent part of which reads as follows:
“(f) Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.”
In this case he said he needed time to vet refugees from jihad torn countries to make sure they aren’t jihadists.
U.S. District Court Judge Derrick Watson – a Harvard classmate appointed by President Obama – says otherwise. The judge ruled Trump’s real intent was to keep out Muslims. The judge knows this because Trump said so in campaign speeches.
Finally, a Democrat who doesn’t think Trump lies.
Standing Rock Pipeline protesters became the most immediate threat of pollution to the Missouri river they sought to protect. They had braved the North Dakota winter by camping at the construction site of the North Dakota Access Pipeline.
But in the end it was trash from the humans, not oil from the pipeline, that immediately threatened the river. Gov. Doug Burgum told The New York Times that melting snow could wash their “garbage and human waste” into the river. Last week authorities forced the campers to leave.
Tom Goldtooth, executive director of the Indigenous Environmental Network, which has been active here, said in a statement that the evacuation was a “violent and unnecessary infringement on the constitutional right of water protectors to peacefully protest and exercise their freedom of speech.”
Here’s the story in the Washington Times.
Apparently Sally Yates is just another protester resisting the Trump presidency. Except that she’s the Acting Attorney General. Or was. President Trump fired her when she refused to carry out his immigration law revisions.
Sally Yates Profile
Senator Chuck Schumer immediately tried to compare the firing to Nixon’s Saturday night massacre. The wily crying senator even worked in a Kennedy allusion, calling Yates “a profile in courage”. Harvard Law professor Alan Dershowitz was having none of it. He said, “Yates was an Obama holdover who made a serious mistake by making a political decision rather than a legal one.”
Carl M. Cannon in Real Clear Politics says Yates is more a “profile in partisanship.” He says that Yates “shouldn’t still be in that job at the Department of Justice. Jeff Sessions should be, and Chuck Schumer is the reason he’s not.”