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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 th (More)
Retired federal judge calls DOJ's handling of Flynn case a ‘gross abuse’ of power
Retired federal judge John Gleeson on Wednesday published an 82-page memo accusing the US Department of Justice (DOJ) of a "gross abuse of prosecutorial power," and urging the court to reject the attempt to drop the criminal case against Michael Flyn (More)
Prohibition’s Legacy: Judicial Regulation of Searches Not Use of Force
Many have noted the role of America’s original sin of slavery, and the sad legacy of racism that survived Appomattox, in explaining what appears to be the uniquely abusive treatment of black men by police. Another part of our history though – Prohibi (More)
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 (D (More)
DOJ urges appeals court to force dismissal of Michael Flynn case
The US Department of Justice (DOJ) filed a brief in the US Court of Appeals for the District of Columbia Circuit on Monday, asking the court to order the dismissal of the case against Michael Flynn, President Donald Trump's former national security a (More)
Surviving Der Fűhrer: An American Rise and Fall
"The man who laughs has not yet heard the terrible news." -Bertolt Brecht Any explicit comparisons of the Trump presidency with the Third Reich will elicit multiple cries of horror and execration across the United States, even when it had first been (More)
Collective Failure in Protecting the Fundamental Rights of Migrant Laborers
During this entire period of three back-to-back lockdowns with a fourth coming soon, if there is a group who has suffered the most, it is the migrant laborers. When the lockdown was announced at very short notice and all transportation was immediatel (More)
Hostile Cyberoperations Against Medical Facilities and Their Impunity
Cyberoperations against healthcare providers and testing facilities are thriving in the U.S. and beyond. An unsuccessful act against the U.S. Department and Health and Human Services was intended to undermine the administrations’ response to the curr (More)
Judge in Michael Flynn case requests input and appoints retired judge to argue against DOJ's decision to drop case
Judge Emmet Sullivan of the US District Court for the District of Columbia entered an order Tuesday allowing "amicus curiae," of "friend of the court" briefs on how to handle the Department of Justice (DOJ) decision to drop its case against Michael F (More)
Empathy, Pandemic, and "America First": Legal Meanings for a Nation in Peril
"What does not benefit the entire hive is no benefit to the bee." -Marcus Aurelius, Meditations From the beginning, Donald Trump's ideology of "America First" has been misconceived. In essence, any concocted presidential notion that exploitative and (More)
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