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Category: Law/Crime

How will John Roberts respond to a constitutional crisis?

How will John Roberts respond to a constitutional crisis?

Michael O’Donnell writes: Two years ago, Chief Justice John Roberts gave the commencement address at the Cardigan Mountain School, in New Hampshire. The ninth-grade graduates of the all-boys school included his son, Jack. Parting with custom, Roberts declined to wish the boys luck. Instead he said that, from time to time, “I hope you will be treated unfairly, so that you will come to know the value of justice.” He went on, “I hope you’ll be ignored, so you know…

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Regulate social media now. The future of democracy is at stake

Regulate social media now. The future of democracy is at stake

Anne Applebaum writes: A few days ago, ProPublica, an independent, nonprofit newsroom, discovered that a tool it was using to track political advertising on Facebook had been quietly disabled — by Facebook. The browser extension had detected political ad campaigns and gathered details on the ads’ target audiences. Facebook also tracks political ad campaigns, but sometimes it fails to detect them. For the past year, the company had accepted corrections from ProPublica — until one day it decided it didn’t…

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Mueller’s case is a slam dunk but is Roger Stone too slimy to get flipped?

Mueller’s case is a slam dunk but is Roger Stone too slimy to get flipped?

Peter Zeidenberg writes: The long-anticipated indictment of Roger Stone finally dropped on Friday, and it landed on Stone like the proverbial ton of bricks. As someone who prosecuted Scooter Libby and others on similar charges and defended white-collar cases involving similar charges as those alleged here—false statements, obstruction of justice and witness tampering—my takeaway is that Stone should begin getting his affairs in order. Barring a presidential pardon (always the wild-card possibility with a POTUS like Trump) Stone will be…

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How Roger Stone could become a cooperating witness

How Roger Stone could become a cooperating witness

Elie Honig, a former federal prosecutor, writes: At first glance, Stone seems both extraordinarily slippery and exceedingly unlikely to cooperate. His career is marked by overarching hostility to the law, fair play and the truth. Stone started his political career in the 1970s, working for Richard Nixon. As would become a career hallmark, it was unclear what exactly Stone did; he boasted that he worked as a scheduler during the day but “[b]y night, I’m trafficking in the black arts.”…

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What to make of Roger Stone’s indictment

What to make of Roger Stone’s indictment

Susan Hennessey, Quinta Jurecic, Matthew Kahn, Lev Sugarman, Benjamin Wittes write: The White House line throughout L’Affaire Russe has been that there was “NO COLLUSION” between the Trump campaign and Russia. Days before his inauguration, Donald Trump declared on Twitter, “I HAVE NOTHING TO DO WITH RUSSIA – NO DEALS, NO LOANS, NO NOTHING!” In September 2018, he wrote, “Russian Collusion with the Trump Campaign, one of the most successful in history, is a TOTAL HOAX.” Special Counsel Robert Mueller…

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Call U.S. move on Venezuela what it is: Regime change

Call U.S. move on Venezuela what it is: Regime change

Noah Feldman writes: The U.S. and about a dozen other countries recognized opposition leader Juan Guaidó as the legitimate president of Venezuela on Wednesday, even as President Nicolás Maduro maintained his grip on the office. But is that even a thing? Under ordinary principles of constitutional and international law, can one country simply declare that someone who manifestly isn’t the president of the country actually is, and act accordingly? Well, no. Not really. Maduro is a terrible president who has…

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Civil penalties for polluters plummeted in Trump’s first two years

Civil penalties for polluters plummeted in Trump’s first two years

The Washington Post reports: Civil penalties for polluters under the Trump administration plummeted during the past fiscal year to the lowest average level since 1994, according to a new analysis of Environmental Protection Agency data. In the two decades before President Trump took office, EPA civil fines averaged more than $500 million a year, when adjusted for inflation. Last year’s total was 85 percent below that amount — $72 million, according to the agency’s Enforcement and Compliance History Online database….

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‘If giving water to someone dying of thirst is illegal, what humanity is left in the law of this country?’

‘If giving water to someone dying of thirst is illegal, what humanity is left in the law of this country?’

The Washington Post reports: During the summer of 2017, when temperatures reached triple digits in Arizona, four women drove to a vast desert wilderness along the southwestern border with Mexico. They brought water jugs and canned food — items they later said they were leaving for dehydrated migrants crossing the unfriendly terrain to get to the United States. The women were later charged with misdemeanor crimes. Prosecutors said they violated federal law by entering Cabeza Prieta, a protected 860,000-acre refuge,…

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Protecting the work of the special counsel, Robert Mueller, isn’t the Attorney General’s only job

Protecting the work of the special counsel, Robert Mueller, isn’t the Attorney General’s only job

Jeffrey Toobin writes: When William Barr testified last week before the Senate Judiciary Committee as President Trump’s nominee for Attorney General, he gave the impression that he would be an aberrational figure in the Administration. Unlike many members of the President’s Cabinet, Barr is experienced, knowledgeable, and clearly qualified, in any formal sense, for the job, which he has held before, under President George H. W. Bush. In addition, he has a reputation for integrity and straight dealing. Most of…

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Mueller’s leak-proof investigation

Mueller’s leak-proof investigation

On Friday, Peter Carr, spokesman for the Mueller investigation, released a brief statement challenging the accuracy of “specific statements” in BuzzFeed‘s blockbuster 1500-word report on Donald Trump instructing Michael Cohen to lie to Congress: BuzzFeed’s description of specific statements to the special counsel’s office, and characterization of documents and testimony obtained by this office, regarding Michael Cohen’s congressional testimony are not accurate. The Washington Post then reported: Inside the Justice Department, the statement was viewed as a huge step, and…

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Why Trump’s directing Cohen, others to lie would be far worse than Watergate

Why Trump’s directing Cohen, others to lie would be far worse than Watergate

The first article of impeachment against Nixon was just this: obstruction by directing others to lie. This is not hysteria or hyperventilating. It’s history. — Jon Meacham (@jmeacham) January 18, 2019 Ryan Goodman writes: If the President of the United States directed his personal attorney and fixer to help sabotage the Russia investigation by lying to Congress, there is no turning back for the nation. Given the independent corroborating evidence that special counsel Robert Mueller reportedly has to show that’s…

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Trump directed Michael Cohen to lie to Congress about the Moscow Tower project

Trump directed Michael Cohen to lie to Congress about the Moscow Tower project

Jason Leopold and Anthony Cormier report: President Donald Trump directed his longtime attorney Michael Cohen to lie to Congress about negotiations to build a Trump Tower in Moscow, according to two federal law enforcement officials involved in an investigation of the matter. Trump also supported a plan, set up by Cohen, to visit Russia during the presidential campaign, in order to personally meet President Vladimir Putin and jump-start the tower negotiations. “Make it happen,” the sources said Trump told Cohen….

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Poll-rigging for Trump and creating @WomenForCohen: One IT firm’s work order

Poll-rigging for Trump and creating @WomenForCohen: One IT firm’s work order

The Wall Street Journal reports: In early 2015, a man who runs a small technology company showed up at Trump Tower to collect $50,000 for having helped Michael Cohen, then Donald Trump’s personal lawyer, try to rig online polls in his boss’s favor before the presidential campaign. In his Trump Organization office, Mr. Cohen surprised the man, John Gauger, by giving him a blue Walmart bag containing between $12,000 and $13,000 in cash and, randomly, a boxing glove that Mr….

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Federal agency ‘improperly’ ignored constitutional concerns before allowing Trump to keep lease to his hotel

Federal agency ‘improperly’ ignored constitutional concerns before allowing Trump to keep lease to his hotel

The Washington Post reports: The General Services Administration “ignored” concerns that President Trump’s lease on a government-owned building — the one that houses his Trump International Hotel in Washington — might violate the Constitution when it allowed Trump to keep the lease after he took office, according to a new report from the agency’s inspector general. Trump’s company won the lease several years before he became president. After Trump was elected, the agency had to decide whether his company would…

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Trump’s two business offices on Pennsylvania Ave

Trump’s two business offices on Pennsylvania Ave

The Washington Post reports: Last April, telecom giant T-Mobile announced a megadeal: a $26 billion merger with rival Sprint, which would more than double T-Mobile’s value and give it a huge new chunk of the cellphone market. But for T-Mobile, one hurdle remained: Its deal needed approval from the Trump administration. The next day, in Washington, staffers at the Trump International Hotel were handed a list of incoming “VIP Arrivals.” That day’s list included nine of T-Mobile’s top executives —…

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Attorney general nominee asserts independence from Trump

Attorney general nominee asserts independence from Trump

Politico reports: Attorney general nominee William Barr professed his independence from President Donald Trump on Tuesday, saying that Robert Mueller isn’t involved in a “witch hunt” and that he wouldn’t fire the special counsel without a good reason. In his testimony, Barr told the Senate Judiciary Committee that he didn’t think Mueller “would be involved in a witch hunt,” a term Trump has used repeatedly to deride the special counsel’s investigation into the president’s 2016 election campaign. Barr also told…

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