Supreme Court Cautious Over Claim
Of Absolute Immunity for Trump
Comments from Supreme Court justices Thursday indicated Donald Trump is likely to face criminal and civil charges despite his claim of immunity while he was president.
Trump’s efforts to overturn the 2020 presidential election led to felony charges against him that include obstructing an official proceeding and conspiracy to defraud the United States.
He also is being sued by police officers and members of Congress who were in the Capitol when it was invaded by rioters on Jan. 6, 2021.
Most of the Supreme Court justices expressed concern about how a lack of accountability by the president could lead to irresponsible and even criminal behavior, perhaps including bribery and attempts to overthrow the government.
Conservative justices added that an additional risk is that presidents could endure reprisals from adversaries for their policy decisions unless they have immunity for their official acts.
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Trump’s New York Criminal Trial
Could Provide D.C. Lawsuit Evidence
The riveting evidence being presented against former President Donald Trump this week in a New York court could affect civil proceedings pending against him in Washington, D.C.
Prosecutors in the New York state trial are alleging Trump paid an adult film actress $130,000 in hush money to cover up a sexual affair then conspired to conceal the business records.
Manhattan District Attorney Alvin Bragg and his staff are presenting evidence of a series of previous court rulings against Trump.
They include a $464 million civil judgment against him for fraud after incorrect valuations of his property and $88 million in compensation a court ordered him to pay after sexual abuse and defamation lawsuits filed by journalist E. Jean Carroll.
Although evidence from other court cases normally would not be allowed as hearsay, Bragg’s staff appears to be trying to prove a recurring pattern of behavior culminating in the porn star Stormy Daniels criminal charges.
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We fight alongside people facing the effects of gentrification like Amira Moore. Our work empowers the people and communities who need it most, “We can do more than we think. There’s a path to equity, we just have to step to it.” –Ms. Moore
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Biden Signs Reauthorization to Spy
On Foreigners Without a Warrant
President Joe Biden signed legislation this week that continues a controversial program allowing warrantless spying on foreigners suspected of illegal activity.
Most controversial is a provision that eliminates the need for warrants to search through U.S. citizens’ data gathered while surveilling foreign suspects.
Congress not only approved a two-year extension of the Foreign Intelligence Surveillance Act but also broadened the authorization to use a greater variety of electronic spying.
The electronic surveillance without warrants can be done only on persons located outside the United States. The U.S. citizens’ data can be collected through international communications.
The measure passed with support from both Democratic and Republican leaders.
Senate Majority Leader Chuck Schumer, D-N.Y., said just before the vote that FISA is “an important part of our national security to stop acts of terror, drug trafficking and violent extremism."
Senate Minority leader Sen. Mitch McConnell, R-Ky., tried to address the privacy concerns of civil rights advocates when he said the law’s extension contains "scores of important reforms to the FISA process that will enhance accountability at the FBI and protect the rights of American citizens."
He described criticisms of FISA as "fear-mongering.”
Many concerns about FISA resulted from a Foreign Intelligence Surveillance Court decision last year saying the law’s warrantless surveillance authorization was abused by the FBI about 278,000 times in 2020 and early 2021 to spy on Americans.
Sen. Ron Wyden, D-Ore., who advocated for greater privacy protections, described the FISA extension as dangerously intrusive.
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Latest News
Nonprofit Sues D.C. for Education Rights
Of Jailed Students with Disabilities
Imprisoned juveniles with disabilities are suing the District of Columbia for allegedly failing to provide them with the education they are due under federal law.
They claim a violation of the Individuals with Disabilities Education Act.
The class action lawsuit names as defendants the D.C. Public Schools, the city’s Office of the State Superintendent of Education and the Federal Bureau of Prisons.
The lawsuit was filed on behalf of two imprisoned high school students by the Washington Lawyers’ Committee for Civil Rights and Urban Affairs and the law firm of Nixon Peabody LLP.
“The District of Columbia and the [Bureau of Prisons] have known for years that these students have a right to special education and related services,” said Brian Whittaker, a Nixon Peabody partner. “It is time to finally ensure that these students receive the education to which they are entitled.”
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Justice Dept. Fires Back at Republicans
Who Want Tape from Biden Interview
The Justice Department is putting up stiff resistance to congressional Republicans’ efforts to obtain a copy of a special counsel’s interview of President Joe Biden.
House Republicans are threatening to hold Attorney General Merrick Garland in contempt of Congress unless he gives them a tape recording of the interview in which the president discussed mishandling classified documents.
They sent Garland a subpoena that set a deadline of last week to comply.
The Justice Department responded with a sharply worded letter to leaders of congressional committees who made the threats. The letter said the department already has complied with the four parts of the congressional subpoena.
“The Committees’ reaction is difficult to explain in terms of any lack of information or frustration of any informational or investigative imperative, given the Department’s actual conduct,” the letter says. “We are therefore concerned that the Committees are disappointed not because you didn’t receive information, but because you did.”
The special counsel spent a year investigating allegations Biden improperly handled and retained classified documents. Some of them were found in his garage in Delaware.
The special counsel’s report indicated the absent-minded 81-year-old president did mishandle the documents but not through any intent that should lead to criminal charges. Part of his evidence was based on hours-long recorded interviews with Biden.
The Justice Department letter cautioned the Republicans, saying, “We urge the Committees to avoid conflict rather than seek it.”
The Republicans, such as Rep. James Comer of Kentucky, hinted they would not let the Justice Department letter be the end of the dispute.
The Biden administration’s Justice Department “does not get to determine what Congress needs and does not need for its oversight of the executive branch,” Comer said.
The next step is likely to be either litigation or an executive order from the president to resolve lingering issues.