Category Archives: law

Sheriffs-gone-wild in Trump’s America

The New York Times reports from Decatur, Alabama: One evening last fall, an informant for the Morgan County sheriff entered the office of a small construction business near this old river town and, he said, secretly installed spyware on a company computer. He had no warrant.

The sheriff, Ana Franklin, wanted to know who was leaking information about her to a blogger known as the Morgan County Whistleblower.

The blogger had been zeroing in on the sheriff’s finances, specifically $150,000 that by law should have gone toward feeding inmates in the county jail. Instead it had been invested in a now-bankrupt used-car dealership run by a convicted bank swindler.

Now the sheriff has become ensnared, along with others, in a wide-ranging government investigation. The Federal Bureau of Investigation is looking at her stewardship of taxpayer money, as well as the dealership and its financial links to prominent people in town, including several state law enforcement agents, according to more than a half-dozen people who say they have spoken to the F.B.I. Government divers recently searched the bottom of a creek for evidence.

What, if anything, investigators have uncovered is not known. But The New York Times found that since taking office in 2011, Sheriff Franklin has failed to comply with court orders, has threatened critics with legal action and has not publicly accounted for tens of thousands of dollars raised through charity events.

Her activities point to questions about the broad powers afforded America’s county sheriffs, newly emboldened in the era of President Trump. Unlike appointed municipal police chiefs, sheriffs answer only to voters, giving them often-unfettered dominion not just over county law enforcement but over the jail and the lucrative service contracts that go with it. [Continue reading…]

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While eyes are on Russia, Sessions dramatically reshapes the Justice Department

The Washington Post reports: For more than five hours, Attorney General Jeff Sessions sat in a hearing room on Capitol Hill this month, fending off inquiries on Washington’s two favorite topics: President Trump and Russia.

But legislators spent little time asking Sessions about the dramatic and controversial changes in policy he has made since taking over the top law enforcement job in the United States nine months ago.

From his crackdown on illegal immigration to his reversal of Obama administration policies on criminal justice and policing, Sessions is methodically reshaping the Justice Department to reflect his nationalist ideology and hard-line views — moves drawing comparatively less public scrutiny than the ongoing investigations into whether the Trump campaign coordinated with the Kremlin.

Sessions has implemented a new charging and sentencing policy that calls for prosecutors to pursue the most serious charges possible, even if that might mean minority defendants face stiff, mandatory minimum penalties. He has defended the president’s travel ban and tried to strip funding from cities with policies he considers too friendly toward undocumented immigrants.

Sessions has even adjusted the department’s legal stances in cases involving voting rights and lesbian, gay, bisexual and transgender issues in a way that advocates warn might disenfranchise poor minorities and give certain religious people a license to discriminate.

Supporters and critics say the attorney general has been among the most effective of the Cabinet secretaries — implementing Trump’s conservative policy agenda even as the president publicly and privately toys with firing him over his decision to recuse himself from the Russia case. [Continue reading…]

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Why global warming lawsuits are gaining traction in courtrooms around the world

Pacific Standard reports: Negotiators at the COP23 climate talks in Bonn, Germany, last week made some incremental progress toward fulfilling the Paris Agreement’s aim to limit global warming. But the intensifying urgency of the climate crisis requires bigger and bolder steps, including more lawsuits, according to a group of legal experts who met on November 15th in the basement of a converted church in downtown Bonn.

“We have a strong message for climate polluters: We’ll see you in court,” said Fijian activist Makereta Waqavonovono, a legal practitioner with the Pacific Islands Climate Action Network who made it clear that Fiji expects help from wealthier countries to pay for relocating about 800 coastal villages that will be flooded by rising sea levels in the next few decades.

At the panel, organized by the Heinrich Böll Foundation, climate activists and attorneys said that, as international climate policy keeps failing, litigation is becoming an increasingly important part of the strategy to force reductions of dangerous heat-trapping greenhouse gases—and to hold climate polluters financially accountable for the damage they’ve caused.

At the talks in Bonn, the question of compensation—Loss and Damage, in negotiator jargon—was once again shunted aside for the most part, said Naomi Ages, a climate liability expert with Greenpeace USA.

“Sometime soon there has to be a day of reckoning. Who’s going to pay for the climate damage already caused?” she said. “All governments are obligated to consider the human rights aspects of climate change, and the International Criminal Court has said that climate change is a possible reason for charges on crimes against humanity,” she added. [Continue reading…]

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FCC has obstructed criminal investigation of corruption of its notice and comment process on net neutrality

New York State Attorney General Eric T. Schneiderman writes in an open letter to FCC Chairman Ajit Pai: As you recently announced, the Federal Communications Commission (FCC), under your leadership, soon will release rules to dismantle your agency’s existing “net neutrality” protections under Title II of the Communications Act, which shield the public from anti-consumer behaviors of the giant cable companies that provide high-speed internet to most people. In today’s digital age, the rules that govern the operation and delivery of internet service to hundreds of millions of Americans are critical to the economic and social well-being of the nation. Yet the process the FCC has employed to consider potentially sweeping alterations to current net neutrality rules has been corrupted by the fraudulent use of Americans’ identities — and the FCC has been unwilling to assist my office in our efforts to investigate this unlawful activity.

Specifically, for six months my office has been investigating who perpetrated a massive scheme to corrupt the FCC’s notice and comment process through the misuse of enormous numbers of real New Yorkers’ and other Americans’ identities. Such conduct likely violates state law — yet the FCC has refused multiple requests for crucial evidence in its sole possession that is vital to permit that law enforcement investigation to proceed.

In April 2017, the FCC announced that it would issue a Notice of Proposed Rulemaking concerning repeal of its existing net neutrality rules. Federal law requires the FCC and all federal agencies to take public comments on proposed rules into account — so it is important that the public comment process actually enable the voices of the millions of individuals and businesses who will be affected to be heard. That’s important no matter one’s position on net neutrality, environmental rules, and so many other areas in which federal agencies regulate.

In May 2017, researchers and reporters discovered that the FCC’s public comment process was being corrupted by the submission of enormous numbers of fake comments concerning the possible repeal of net neutrality rules. In doing so, the perpetrator or perpetrators attacked what is supposed to be an open public process by attempting to drown out and negate the views of the real people, businesses, and others who honestly commented on this important issue. Worse, while some of these fake comments used made up names and addresses, many misused the real names and addresses of actual people as part of the effort to undermine the integrity of the comment process. That’s akin to identity theft, and it happened on a massive scale. [Continue reading…]

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Why a judge ruled Paul Manafort isn’t entitled to attorney-client privilege

Dahlia Lithwick and Scott Pilutik write: It’s not an overstatement to characterize the attorney-client privilege as the cornerstone of criminal law, an inviolable right that can and must withstand all manner of legal aggression. It’s also one of the small handful of criminal procedural notions sewn directly into our pop culture fabric. Even if all your legal knowledge comes from watching Law & Order, you’re still likely aware of your Miranda rights; that law enforcement needs probable cause to search your apartment and maybe (but maybe not) your car; and most especially that when you meet with your lawyer, you can tell her the whole ugly story because she can’t be forced to testify against you or even to divulge what you’ve discussed to anyone. Period. Right?

Well … mostly right. On Monday, Politico reported that Chief Judge Beryl A. Howell of the U.S. District Court for the District of Columbia had agreed to allow Robert Mueller to use something called the crime-fraud exception to attorney-client privilege to compel testimony from an attorney who formerly represented Paul Manafort and Manafort’s onetime employee Rick Gates. Although that development got lost in the blizzard of Robert Mueller news, Howell’s willingness to pierce attorney-client privilege, as well as her frank description of falsehoods as falsehoods, was in some sense the big news of the day. It was an astonishing win for the special counsel, one that reveals both Mueller’s willingness to use tough tactics and the ways in which the judicial branch may be willing to treat the cover-ups that emerge from the Trump probe. In a way, the decision revealed that the courts may be as tired of houses built of deception as the rest of us are. [Continue reading…]

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Jerry Brown: ‘California will sue Trump over climate’

Climate Change News reports: California governor Jerry Brown said on Tuesday that his state would fight Donald Trump’s erosion of climate action through the courts.

Trump’s actions since coming into office have favoured polluters. Particularly the elevation of Scott Pruitt to the head of his environment agency. Pruitt, who has close ties to the industrialist Koch brothers, announced this month he was rolling back president Barack Obama’s key climate legislation, the clean power plan.

Speaking to the BBC’s Today programme on UK radio, Brown said California would continue to use this tactic in response to Trump’s anti-climate actions. [Continue reading…]

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Reading this while walking? In Honolulu, it could cost you

The New York Times reports: You see them everywhere: people walking with their eyes glued to their mobile phone screens on busy streets. But walking and texting can be dangerous — and cities in the United States and Europe have begun to do something about it.

Honolulu has passed a law, which will take effect Wednesday, that allows the police to fine pedestrians up to $35 for viewing their electronic devices while crossing streets in the city and surrounding county. Honolulu is thought to be the first major city to enact such a ban.

“This is really milestone legislation that sets the bar high for safety,” said Brandon Elefante, the City Council member who proposed the bill. Pedestrians, he said, will share the responsibility for their safety with motorists.

In the United States, pedestrian deaths in 2016 spiked 9 percent from the year before, rising to 5,987, the highest toll on American roads since 1990, according to federal data. One reason may be the sharp rise in smartphone use, “a frequent source of mental and visual distraction” for both drivers and walkers, a report by the Governors Highway Safety Association found. [Continue reading…]

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Harvey Weinstein and the Trump children show why the U.S. shouldn’t have elected prosecutors

Annalisa Merelli writes: Manhattan district attorney Cyrus Vance Jr is a Democrat who has been New York County’s chief prosecutor since 2008. He is also, at the moment, a very controversial figure.

On Oct. 4, the New Yorker (paywall) revealed that Vance had ordered his prosecutors to drop an investigation into Donald Trump’s children, Ivanka and Donald Jr, for allegedly inflating the worth of a property in New York to prospective buyers. Just a few days later, the same magazine (paywall) revealed that he had decided not to press sexual abuse charges against Harvey Weinstein, the high-powered Hollywood producer, after listening to a police tape of Weinstein aggressively propositioning a model, Ambra Battilana Gutierrez. Weinstein has now been accused of sexual harassment and rape by a host of women.

What links these two cases is that in both of them, Vance received hefty campaign donations from lawyers for the people involved. Donald Trump’s lawyer, Marc Kasowitz, had given $25,000 to Vance’s campaign, the New Yorker reported. Vance had returned the money after Kasowitz asked him to intercede on the Trump children’s behalf—as is customary with people involved in investigations. But a few months after deciding not to prosecute them, Vance accepted another, larger donation and fundraising help from Kasowitz, worth a total of about $50,000. Similarly, a few months after Vance decided to drop the case against Weinstein, the producer’s attorney, David Boies, donated $10,000 to the prosecutor’s campaign.

In both cases, naturally, Vance denies that his office’s decision not to prosecute had anything to do with campaign donations. But even if this is true, it’s hard for him or any other US district attorney to dispel the taint of corruption in cases like these. It’s widely understood that in politics, votes cost money and money usually comes attached to requests for favors. That undermines trust in the justice system. And this is a uniquely American problem, as the US is the only country in the world that elects prosecutors by popular vote. [Continue reading…]

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FBI concocts new terrorist threat: ‘Black identity extremists’

The Guardian reports: The US government has declared “black identity extremists” a violent threat, according to a leaked report from the FBI’s counter-terrorism division.

The assessment, obtained by Foreign Policy, has raised fears about federal authorities racially profiling activists and aggressively prosecuting civil rights protesters.

The report, dated August 2017 and compiled by the Domestic Terrorism Analysis Unit, said: “The FBI assesses it is very likely Black Identity Extremist (BIE) perceptions of police brutality against African Americans spurred an increase in premeditated, retaliatory lethal violence against law enforcement and will very likely serve as justification for such violence.” Incidents of “alleged police abuse” have “continued to feed the resurgence in ideologically motivated, violent criminal activity within the BIE movement”.

The FBI’s dedicated surveillance of black activists follows a long history of the US government aggressively monitoring protest movements and working to disrupt civil rights groups, but the scrutiny of African Americans by a domestic terrorism unit was particularly alarming to some free speech campaigners.

“When we talk about enemies of the state and terrorists, with that comes an automatic stripping of those people’s rights to speak and protest,” said Mohammad Tajsar, staff attorney with the American Civil Liberties Union. “It marginalizes what are legitimate voices within the political debate that are calling for racial and economic justice.”

The document has emerged at a time of growing concerns about Donald Trump’s links to the far right and white nationalists, and increasing anxieties about his administration’s efforts to further criminalize communities of color and shield police from scrutiny. Anti-Trump protesters and Black Lives Matter activists have continued to face harsh prosecutions and close federal monitoring.

The FBI did not immediately respond to the Guardian’s request for comment on Friday, but defended its tracking of “black identity extremists” in a statement to Foreign Policy, claiming the “FBI cannot initiate an investigation based solely on an individual’s race, ethnicity, national origin, religion, or the exercise of First Amendment rights”.

The FBI’s report noted specific cases of recent violence against police, most notably Micah Johnson, a 25-year-old shooter in Dallas who killed five officers and said he was targeting white people and law enforcement. Black Lives Matter – a movement protesting the disproportionate killings of black citizens by police in the US – had no ties to Johnson or other targeted killings of police and has condemned those shootings.

The number of police officers killed on the job also remains a fraction of the number of citizens killed by officers each year, and statistics suggest that more white offenders than black offenders kill officers. [Continue reading…]

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The cancer in the Constitution

Timothy Egan writes: One of the great disconnects of our history is how a nation birthed on the premise that all men are created equal could enshrine an entire race of people as three-fifths of a human being. We tried to fix that, through our bloodiest war and a series of amendments that followed.

Not so with guns. The Second Amendment, as applied in the last 30 years or so, has become so perverted, twisted and misused that you have to see it now as the second original sin in the founding of this country, after slavery.

It wasn’t meant to be the instrument for the worst kind of American exceptionalism — setting up the United States as the most violent of developed nations. But it is now. The more we stand out for random mass killings daily, the more the leading cause becomes clear: the warped interpretation of the freedom to own lethal weaponry.

The amendment itself is not the problem. Yes, it’s vague, poorly worded, lacking nuance. But the intent is clear with the opening clause: “A well regulated militia, being necessary to the security of a free State.”

The purpose is security — against foreign invaders and domestic insurrectionists. President George Washington relied on a well-regulated militia from three states to put down the Tea Partyers of his day, the tax-evading lawbreakers in the Whiskey Rebellion.

At the time, the typical firearms were single-loading muskets and flintlock pistols. At most, a shooter could fire off three rounds per minute, at a maximum accuracy range of about 50 yards.

Compare that with the carnage unleashed by the gunman in Las Vegas, Stephen Paddock. Among the 23 guns he hauled into the Mandalay Bay Resort and Casino were at least a dozen that he had apparently modified into rapid-fire weapons of mass murder. [Continue reading…]

I would argue that the cancer is more extensive than the Second Amendment and is rooted in the deification of America which seeks to anoint this nation with a pristine purity that belies its human frailty.

Neither the Constitution nor its creators embodied a prophetic genius that could gave them unquestionable authority.

America is nothing more than a work in progress.

A capacity to adapt matters vastly more than any of its self-declared exceptional virtues.

Whether in the life of the individual or society or the state, adaptation is the name of the game.

Failures in adaptation result in extinction.

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How America helped create Nazi Germany

Ira Katznelson writes: There was no more extravagant site for Third Reich political theater than the spectacular parade grounds, two large stadiums, and congress hall in Nuremberg, a project masterminded by Albert Speer. From 1933 to 1938, he choreographed massive rallies associated with the annual conference of the Nazi Party, assemblies made famous by Leni Riefenstahl’s stunning documentaries of 1933 and 1935, The Victory of Faith and Triumph of the Will. Nuremberg was the setting for the September 1935 “Party Rally of Freedom,” at which a special session of the Reichstag passed, by acclamation, legislation that disqualified Jews as Reich citizens with political rights, forbade them to marry or have sex with persons identified as racial Germans, and prohibited any display by Jews of national colors or the new national flag, a banner with a swastika.

Just eight days after the Reich Citizenship Law, the Law on the Protection of German Blood and German Honor, and the Reich Flag Law were formally proclaimed by Adolf Hitler, 45 Nazi lawyers sailed for New York under the auspices of the Association of National Socialist German Jurists. The trip was a reward for the lawyers, who had codified the Reich’s race-based legal philosophy. The announced purpose of the visit was to gain “special insight into the workings of American legal and economic life through study and lectures,” and the leader of the group was Ludwig Fischer. As the governor of the Warsaw District half a decade later, he would preside over the brutal order of the ghetto.

Every day brings fresh reminders that liberal and illiberal democracy can entwine uncomfortably, a timely context for James Q. Whitman’s Hitler’s American Model, which examines how the Third Reich found sustenance for its race-based initiatives in American law. Upon docking, the Germans attended a reception organized by the New York City Bar Association. Everyone in the room would have known about the recent events in Nuremberg, yet the quest by leading Nazi jurists to learn from America’s legal and economic systems was warmly welcomed.

Whitman, a professor at Yale Law School, wanted to know how the United States, a country grounded in such liberal principles as individual rights and the rule of law, could have produced legal ideas and practices “that seemed intriguing and attractive to Nazis.” In exploring this apparent incongruity, his short book raises important questions about law, about political decisions that affect the scope of civic membership, and about the malleability of Enlightenment values.

Pushing back against scholarship that downplays the impact in Nazi Germany of the U.S. model of legal racism, Whitman marshals an array of evidence to support the likelihood “that the Nuremberg Laws themselves reflect direct American influence.” [Continue reading…]

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Dismayed by Trump’s lack of respect for the law, head of Drug Enforcement Administration resigns

The New York Times reports: The acting head of the Drug Enforcement Administration will resign at the end of the week, according to law enforcement officials, who said he had become convinced that President Trump had little respect for the law.

The official, Chuck Rosenberg, who twice served as chief of staff to the former F.B.I. director James B. Comey and remains a close confidant, had grown disillusioned with Mr. Trump. The president fired Mr. Comey in May, and then in July told law enforcement officers “please don’t be too nice” when handling crime suspects.

Mr. Rosenberg forcefully rejected Mr. Trump’s comment, sending an email to all D.E.A. employees at the time to tell them that they should not mistreat suspects.

“We must earn and keep the public trust and continue to hold ourselves to the very highest standards,” Mr. Rosenberg wrote in the internal email. “Ours is an honorable profession and, so, we will always act honorably.”

Mr. Trump has injected the White House into law enforcement matters in ways that have made many career officials uncomfortable. The president spoke disparagingly about ongoing criminal investigations into his own associates, encouraged the Justice Department to investigate political rivals including Hillary Clinton and said he would never have nominated Jeff Sessions to be attorney general if he had known Mr. Sessions would recuse himself from an investigation into his associates.

Mr. Rosenberg, who was appointed by President Barack Obama in 2015, is a career prosecutor. Under President George W. Bush, he served as the United States attorney in both southern Texas and eastern Virginia. [Continue reading…]

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Eric Reid: Why Colin Kaepernick and I decided to take a knee

Eric Reid writes: In early 2016, I began paying attention to reports about the incredible number of unarmed black people being killed by the police. The posts on social media deeply disturbed me, but one in particular brought me to tears: the killing of Alton Sterling in my hometown Baton Rouge, La. This could have happened to any of my family members who still live in the area. I felt furious, hurt and hopeless. I wanted to do something, but didn’t know what or how to do it. All I knew for sure is that I wanted it to be as respectful as possible.

A few weeks later, during preseason, my teammate Colin Kaepernick chose to sit on the bench during the national anthem to protest police brutality. To be honest, I didn’t notice at the time, and neither did the news media. It wasn’t until after our third preseason game on Aug. 26, 2016, that his protest gained national attention, and the backlash against him began.

That’s when my faith moved me to take action. I looked to James 2:17, which states, “Faith by itself, if it does not have works, is dead.” I knew I needed to stand up for what is right.

I approached Colin the Saturday before our next game to discuss how I could get involved with the cause but also how we could make a more powerful and positive impact on the social justice movement. We spoke at length about many of the issues that face our community, including systemic oppression against people of color, police brutality and the criminal justice system. We also discussed how we could use our platform, provided to us by being professional athletes in the N.F.L., to speak for those who are voiceless.

After hours of careful consideration, and even a visit from Nate Boyer, a retired Green Beret and former N.F.L. player, we came to the conclusion that we should kneel, rather than sit, the next day during the anthem as a peaceful protest. We chose to kneel because it’s a respectful gesture. I remember thinking our posture was like a flag flown at half-mast to mark a tragedy.

It baffles me that our protest is still being misconstrued as disrespectful to the country, flag and military personnel. We chose it because it’s exactly the opposite. It has always been my understanding that the brave men and women who fought and died for our country did so to ensure that we could live in a fair and free society, which includes the right to speak out in protest. [Continue reading…]

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Trump’s pardon of Arpaio can — and should — be overturned

Laurence H. Tribe and Ron Fein write: A federal judge in Arizona will soon consider whether to overturn President Trump’s pardon of former Arizona sheriff Joe Arpaio. The answer to this question has consequences not just for Arpaio and the people he hurt but also for the entire country. And although the conventional legal wisdom has been that a presidential decision to grant a pardon is unreviewable, that is wrong. In this circumstance, Trump’s decision to pardon Arpaio was unconstitutional and should be overturned.

For more than 20 years, Arpaio ran the Maricopa County Sheriff’s Office with shocking cruelty and lawlessness, especially against Latinos. In 2011, a federal judge issued an injunction in a lawsuit challenging the practice of detaining and searching people for, in essence, driving while Latino. The judge found evidence that the sheriff’s office engaged in racial profiling and stopped Latinos just to determine their immigration status. He ordered it to cease detaining people without reasonable suspicion of a crime.

Arpaio flagrantly ignored the injunction, and in May 2016, the judge found him to be in civil contempt of court. In July, a second federal judge found him in criminal contempt, which can be punished by imprisonment. Three weeks later, Trump pardoned Arpaio. Trump’s Justice Department argues that is the end of the matter, but many constitutional law scholars and advocates disagree. The judge has scheduled an Oct. 4 hearing and ordered further briefing.

To understand why Trump’s pardon of Arpaio is so dangerous, step back to 1962, when a federal court ordered the all-white University of Mississippi to admit African American James Meredith. When the Mississippi governor refused to comply, the court directed the Justice Department to prosecute him for criminal contempt of court.

At the time, many anti-integration governors vowed “massive resistance” to court-ordered desegregation. The legal struggle against segregation relied on the power of court orders — enforceable by imprisonment for contempt.

Now imagine a president such as Trump pardoning the governor for contempt, while praising him, as Trump lauded Arpaio, for “doing his job.”

The message to segregationist officials would have been clear: just ignore federal court integration orders; the president will have your back if the court tries to enforce them through its contempt power. [Continue reading…]

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Will new scientific breakthroughs pave the way for more climate-related lawsuits?

Elliott Negin writes: What can you do when the president of the United States says climate change is a hoax and Congress is gridlocked by fossil fuel industry-funded climate science deniers?

Look to the courts for redress — with a major assist from science.

Using sophisticated computer analyses, scientists can now determine what percentage of an extreme weather event can be attributed to climate change. This emerging field of “climate attribution” science offers courts a powerful new tool for apportioning responsibility in cases brought by victims of extreme weather events — Hurricane Harvey comes to mind — or other climate-induced damages, such as sea level rise, against municipalities and private real estate developers for failing to protect them from foreseeable damages.

Likewise, companies responsible for producing and marketing fossil fuels — BP, Chevron, ExxonMobil and the like — may find themselves in legal crosshairs thanks to a first-of-its-kind study definitively linking global climate changes to carbon emissions directly associated with them.

Published yesterday in the journal Climatic Change, the study calculated the amount of sea level rise and global temperature increase resulting from carbon dioxide and methane emissions from products marketed by the largest coal, gas and oil producers and cement manufacturers as well as their extraction and production processes.

“We’ve known for a long time that fossil fuels are the largest contributor to climate change,” said Brenda Ekwurzel, lead author and climate science director at the Union of Concerned Scientists (UCS). “What’s new here is that we’ve verified just how much specific companies’ products have caused the Earth to warm and the seas to rise.” [Continue reading…]

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Attorneys general across the U.S. threaten to sue Trump over DACA

The Hill reports: Democratic attorneys general across the country have threatened to sue President Trump over his decision Tuesday to rescind the Deferred Action for Childhood Arrivals (DACA) program, opening another front in the growing legal war between blue states and the Republican administration.

In public statements and letters to the Trump administration, 20 attorneys general urged Trump not to follow through on threats to end the five-year-old program, which allows those brought into the country illegally as children to work and live free of the threat of deportation.

“Ending DACA is un-American, and it’s going to threaten the health and safety of many individuals,” New Mexico Attorney General Hector Balderas (D) told The Hill. “Various attorneys general from across the country are preparing to defend DACA recipients. The Constitution applies [to them] as well in terms of equal protection and due process.” [Continue reading…]

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Trump asked Sessions about closing case against Arpaio, an ally since ‘birtherism’

The Washington Post reports: As Joseph Arpaio’s federal case headed toward trial this past spring, President Trump wanted to act to help the former Arizona county sheriff who had become a campaign-trail companion and a partner in their crusade against illegal immigration.

The president asked Attorney General Jeff Sessions whether it would be possible for the government to drop the criminal case against Arpaio, but was advised that would be inappropriate, according to three people with knowledge of the conversation.

After talking with Sessions, Trump decided to let the case go to trial, and if Arpaio was convicted, he could grant clemency.

So the president waited, all the while planning to issue a pardon if Arpaio was found in contempt of court for defying a federal judge’s order to stop detaining people merely because he suspected them of being undocumented immigrants. Trump was, in the words of one associate, “gung-ho about it.”

“We knew the president wanted to do this for some time now and had worked to prepare for whenever the moment may come,” said one White House official who spoke on the condition of anonymity because of the sensitivity of the action. [Continue reading…]

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House Speaker Paul Ryan criticizes Donald Trump’s pardon for Joe Arpaio

The Wall Street Journal reports: House Speaker Paul Ryan on Saturday criticized President Donald Trump for pardoning a former Arizona sheriff, Joe Arpaio, becoming the highest-ranking Republican to object to the move.

“The speaker does not agree with the decision,” said Ryan spokesman Doug Andres. “Law-enforcement officials have a special responsibility to respect the rights of everyone in the United States. We should not allow anyone to believe that responsibility is diminished by this pardon.”

The White House didn’t immediately respond to a request for comment about Mr. Ryan’s statement. [Continue reading…]

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