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Category: Law/Crime

Justice Ginsburg says deep divisions on the way, and Supreme Court watchers look for clues

Justice Ginsburg says deep divisions on the way, and Supreme Court watchers look for clues

The Washington Post reports: When Supreme Court Justice Ruth Bader Ginsburg turns reporter, reporters and lawyers start searching for clues. In a purportedly just-the-facts speech Friday to the judicial conference of the U.S. Court of Appeals for the 2nd Circuit in New York, Ginsburg gave plenty to dissect. She teased pending decisions in cases about whether the census may contain a question on citizenship, and if the court would for the first time decide that a state’s electoral maps are…

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Barr is lying about Mueller’s evidence

Barr is lying about Mueller’s evidence

William Saletan writes: The final report on the Russia investigation, submitted on March 22 by special counsel Robert Mueller, documents multiple attempts by President Donald Trump to obstruct justice. So why hasn’t Trump been indicted? Because one man stands in the way: Attorney General William Barr. Two days after receiving Mueller’s 448-page report, Barr declared Mueller’s evidence insufficient. Since then, Barr has offered no detailed analysis to support his conclusions. Instead, in hearings and interviews, the attorney general has based…

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How Trump could be prosecuted after the White House

How Trump could be prosecuted after the White House

Renato Mariotti writes: With Congress enmeshed in a fraught debate over whether to impeach President Donald Trump, Robert Mueller’s brief and dramatic news conference provided a sharp reminder that impeachment is not the only option for addressing the president’s alleged misdeeds. The outlines of a potential civilian prosecution of a former president Trump are already emerging. While there are reports of tax dodges, illegal campaign contributions, and improper foreign contributions to his inaugural committee—among other things—investigations into those claims are…

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Democrats, in California, confront deep divisions over how to handle increasing calls for Trump’s impeachment

Democrats, in California, confront deep divisions over how to handle increasing calls for Trump’s impeachment

The Washington Post reports: House Speaker Nancy Pelosi (D-Calif.) was just moments into her speech Saturday when a man shouted out from the back of a convention hall stuffed with thousands of delegates to the state Democratic Party convention. “Impeach Donald Trump!” he screamed, uttering a battle cry Pelosi has rebuffed, despite growing demands from her party’s activist wing. “President Trump will be held accountable for his actions,” she said. The I-word never left her lips. Less than an hour…

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Kids suing the U.S. over climate crisis are getting global support

Kids suing the U.S. over climate crisis are getting global support

Quartz reports: In 2015, when a group of 21 children and teens first sued the US government over climate change, their claim in Juliana v. US was not totally new—youth in Uganda and the Netherlands had filed somewhat similar environmental suits—but it seemed a little strange. Shouldn’t these kids be playing video games or something, doing pretty much anything but litigating to save the planet? Now, the plaintiffs in Juliana v. US are part of an increasingly vocal global movement…

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No president is above the law

No president is above the law

Elizabeth Warren writes: When Special Counsel Robert Mueller’s report was released on April 18, I sat down and read it. All 448 pages of it. I started reading it that afternoon, and I read all through the night and into the next morning. And when I got to page 448, three things were clear to me. First, a hostile foreign government attacked our 2016 election to help candidate Donald Trump get elected. Second, candidate Donald Trump welcomed that help. Third,…

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Mueller’s punt keeps looking worse

Mueller’s punt keeps looking worse

Andrew Prokop writes: Robert Mueller’s report makes the stirring claim that “a fundamental principle of our government” is that no person, not even the president, “is above the law.” But the special counsel’s ultimate legacy may well be the exact opposite — because of his controversial decision not to say whether Trump committed criminal obstruction of justice. “We concluded that we would not reach a determination, one way or the other, about whether the president committed a crime,” Mueller said…

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Neither Congress nor the press did enough to tell the American people what they needed to know about the Mueller report

Neither Congress nor the press did enough to tell the American people what they needed to know about the Mueller report

Quinta Jurecic writes: Mueller has remained silent for two years, and his first public statement was always going to be a significant event. Likewise, the underlying information communicated in both Mueller’s remarks and the report itself is appalling—and further discussion of its meaning can only be good. The question is why it took so long to happen. The difficulty in communicating the substance of the Mueller report began even before the report itself was released. When Barr first released his…

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In first and only statement after completing his investigation, Mueller points towards impeachment

In first and only statement after completing his investigation, Mueller points towards impeachment

Announcing his resignation, Robert Mueller said: The order appointing me special counsel authorized us to investigate actions that could obstruct the investigation. We conducted that investigation, and we kept the office of the acting attorney general apprised of the progress of our work. And as set forth in the report, after that investigation, if we had confidence that the president clearly did not commit a crime, we would have said so. We did not, however, make a determination as to…

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What the Mueller report actually said

What the Mueller report actually said

David Frum writes: Robert Mueller has advised Americans to go back and actually read his report if we want to understand what happened in 2016. “We chose those words carefully, and the work speaks for itself,” he said on Wednesday morning, speaking publicly for the first time since his appointment. But the words of the report are damning. “The Russian government interfered in the 2016 presidential election in sweeping and systematic fashion,” Mueller wrote. This help “favored presidential candidate Donald…

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The U.S. media is in the crosshairs of the new Assange indictment

The U.S. media is in the crosshairs of the new Assange indictment

Jack Goldsmith writes: I have written a lot on how hard it is to distinguish WikiLeaks from the New York Times when it comes to procuring and publishing classified information. One implication of the comparison is that any successful prosecution of WikiLeaks founder Julian Assange would have adverse implications for mainstream U.S. news publications efforts to solicit, receive and publish classified information. The May 23 indictment of Assange makes clear that these concerns are real. As Susan Hennessey said, “[I]t…

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Latest charges against Assange are an assault on press freedom

Latest charges against Assange are an assault on press freedom

Brian Barrett writes: On Thursday, the Department of Justice unsealed new charges against WikiLeaks founder Julian Assange. Unlike the previous indictment—which focused narrowly on an apparent offer to help crack a password—the 17 superseding counts focus instead on alleged violations of the Espionage Act. In doing so, the DOJ has aimed a battering ram at the freedom of the press, whether you think Assange is a journalist or not. The indictment, which you can read in full below, alleges that…

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Amend the Espionage Act: Public interest defenses must be allowed

Amend the Espionage Act: Public interest defenses must be allowed

In an editorial, the Pittsburgh Post-Gazette says: It has been almost 102 years since the Espionage Act was signed into law by Woodrow Wilson. Initially conceived as a means by which to “punish acts of interference with the foreign relations,” the act has since become a tool of suppression, used to punish whistleblowers who expose governmental wrongdoing and criminality. It is time that the law be amended to accommodate those who share information vital to the public interest. Daniel Everette…

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Nevada poised to become 15th state to ditch Electoral College

Nevada poised to become 15th state to ditch Electoral College

NPR reports: President Hillary Clinton? That would have been the result of the 2016 presidential election — if the National Popular Vote Interstate Compact were in effect. With a state Senate vote Tuesday, Nevada is close to becoming the latest state to sidestep the Electoral College when it comes to electing presidents. According to the National Popular Vote organization, which oversees efforts to persuade states to join the compact, 14 states and the District of Columbia have agreed to pledge…

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