Wednesday’s decision by the D.C. Circuit granting General Mike Flynn’s petition for mandamus is a dangerous precedent. In directing US District Court Judge Emmet Sullivan to grant DOJ’s motion to dismiss the false statement charges against Flynn, the court disrupted orderly court proceedings. While I believe DOJ would have ultimately prevailed in due course, the [...]
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Flynn Argument in D.C. Circuit: Is the Ball Back in Judge Sullivan's Court?
The D.C. Circuit held oral argument on Friday on General Mike Flynn’s mandamus to Judge Emmet Sullivan to grant the Department of Justice (DOJ) Motion to Dismiss false statement charges against Flynn (see my preview, discussed here). A majority of the panel seemed to believe Judge Sullivan should take the first crack at deciding DOJ’s [...]
Mandamus and the Proper Role of Amicus Curiae in the Michael Flynn Case
On Monday, Judge Emmet G. Sullivan of the U.S. District Court for the District of Columbia filed his response to the petition for mandamus brought by General Michael Flynn in the D.C. Circuit regarding Sullivan’s handling of the Justice Department (DOJ) Motion to Dismiss the false statement charges against Flynn. Flynn had pleaded guilty to [...]
Trump administration to collect DNA from immigration detainees for FBI database
The Justice Department issued a statement on Friday that it would be amending regulations regarding the collection of DNA from persons detained for immigration violations. In 2005, Congress passed the DNA Fingerprint Act, which granted authorization to the Attorney General to collect DNA samples from persons who have been arrested, charged with a crime, or [...]
Supreme Court rules against Virginia House of Delegates in racial gerrymandering case
The Supreme Court ruled against the Virginia House of Delegates in a new racial gerrymandering case. The case began in 2011 when a group of citizens in twelve districts sued the State asserting that the districts had been created with intentional racial disparities. The District Court ordered the House of Delegates to draw up a [...]
Mississippi residents allege state electoral system has discriminatory impact
Four African-American residents of Mississippi filed a lawsuit in federal court on Thursday seeking to block Mississippi’s process for electing statewide officials due to its discriminatory origins and impact. The plaintiffs challenge a Jim-Crow-era restriction unique to Mississippi: any candidate for statewide office must win not only a majority of the popular vote but a [...]
56-year old Cesar Sayoc of Florida was arrested and charged Friday in connection with the investigation of suspicious packages sent nationwide to various democratic politicians and outspoken critics of President Donald Trump, including former President Barack Obama and Former Secretary of State Hillary Clinton. Sayoc was charged with transporting explosives across state lines, illegally mailing [...]
Voting rights group sues Census Bureau over citizenship question
The National Democratic Redistricting Committee (NDRC) , on behalf of seven residents of Maryland and Arizona, filed suit on Wednesday against the US Census Bureau , arguing that its last-minute decision to add a citizenship status...
Here's the domestic legal news we covered this week: The Kentucky Senate approved a bill on Thursday that outlaws the use of the dilation and excavation abortion method for patients in their eleventh week of pregnancy...
In a ruling from the bench on Thursday, Wisconsin Dane County Circuit Judge Josann Reynolds ordered the state's Governor Scott Walker to call special elections to fill two empty seats which were previously held by...