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Judge Finds CA “Law” on Presidential Tax Returns Unconstitutional

“Courts created under Article III of the United States Constitution are not concerned with political victories or who may or may not “win.” Instead, it is the Court’s job to make sure the Constitution wins.”   That may be the most straightforward and correct statement of law made by any of the myriad judges involved […]

Congress Terminates Only Emergency Declaration Protecting US Citizens, Trump Vetos

The Legal Status of Presidential Emergency Powers In 1976, Congress passed the National Emergencies Act (50 U.S.C. §§ 1601-1651).  It contains the following simple and straightforward language giving the President power to declare a national emergency: “With respect to acts of Congress authorizing the exercise, during the period of a national emergency, of any special or […]

The CNN Lawsuit Over Jim Acosta’s Press Pass

The press pass privileges of CNN’s Jim Acosta were revoked following an encounter with a White House intern during a presidential press conference. The intern had attempted to take away a microphone from Acosta when the President had recognized another reporter for a question. Acosta resisted the intern’s efforts. There is video of the event […]

The Carter Page FISA Applications Are 22 Pages of Nothing

Since it’s all the rage, I took time to read the Carter Page FISA warrant applications. There’s a torrent of social media and cable news about what these documents prove. A great deal of the commentary starts with and seems to emphasize a particular fact that is technically true. The documents released consist of 412 […]

My Support for Judge Kavanaugh

Investigating President Trump’s nomination for the Supreme Court, Judge Brett Kavanaugh brought back memories of law school and a nettlesome problem I observed in America. Here’s how I came to believe a Justice Kavanaugh will be good for America. As part of being on law review all members write a piece called a “note”. It’s […]

Supreme Court Upholds “Travel Ban” With “DUH”

There’s a legal phrase that an appellate court uses to say a lower court failed to follow the law: ABUSE OF DISCRETION It’s the legal equivalent of “DUH”. In his majority opinion for the United States Supreme Court that upheld President Trump’s limitations on travel to the United States in the case of Hawaii v. […]

Is The OIG and Michael Horowitz Our Best Hope?

Our constitutional republic is predicated upon the rule of law.  We stand to lose the republic and our freedoms when those who have been entrusted with power utilize that power, not for the public good, but rather for personal political gain.  As we learn from the Declaration of Independence,  “Governments are instituted among Men” to secure […]

Rosenstein Appointment of Special Prosecutor Bodes Well for America

It is not possible to find a single major media outlet that simply reports accurate facts without either subtle or overt effort to give a political story a “spin” that matches an editorial agenda whether it is liberal or conservative, pro-Trump or anti-Trump.  There are rare chances to get real, accurate, original sources since most […]

Two Lawless Court Injunctions Against President Trump’s Executive Order on Immigration

On March 15, 2017, two federal judges ordered the executive branch of our government to not enforce an order issued by President Trump. The orders by these judges were without legal basis, and these theoretical guardians of the law acted with utter disregard for the law. The Background  One week after taking office, on January […]

Book Review: Stack the Legal Odds in Your Favor

What happens when an attorney and a guy who’s not a lawyer with a history fighting in court on his own get together to create a legal self-help book? You get a book with an attitude.  Think Mark Wahlberg in the courtroom. Authors Tom Scott and Sara Naheedy combine to bring the attitude and the […]