Tags » Federal Crimes

Criminality and impeachment after the Comey firing

James Comey is, by all objective accounts, a man of integrity, intelligence, and honor.  Like all of us, he is imperfect.  And like anyone serving the public at a high level, he has perhaps made judgments — in difficult and complicated, even untenable, situations — that are subject to legitimate criticism.  1,214 more words

Can you evade federal prosecution if your heroin distribution is a religious exercise?

From the United States Court of Appeals for the Eighth Circuit, an interesting case on the limits of religious freedom in America, particularly at a time when we are debating the scope of statutes designed to enhance protections for religious exercise.  824 more words

Was Michael Flynn Vetted for National Security Adviser?

Whenever a high-level government position is offered to an individual, he or she must go through a vetting process. Paperwork offering financial information, foreign contacts, as well as an application for a security clearance are mandatory. 337 more words

Is Russia an "enemy"?

The NYT posted an intriguing opinion piece by Nicholas Kristof this week, comparing the Trump-Russia controversy with the controversy over revelations that President Nixon tried to sabotage diplomatic efforts to end the Vietnam War.   974 more words

Would the Speech or Debate Clause protect a sitting Senator in confirmation hearings for a Cabinet post?

With the news that at least one poll shows a majority of Americans believe that Attorney General Jeff Sessions committed perjury and should resign, the question of General Sessions’s criminality has not yet entirely died, though it has weakened significantly since the President’s tweet about being “wiretapped” by President Obama.  1,319 more words

The Sessions controversy, or, why mens rea is so important in the criminal law

What had the potential to be a corner-turning week for the President was marred late Wednesday, and for the last few days, by revelations that Attorney General Jeff Sessions, while a Senator, met on two occasions with the Russian Ambassador during the 2016 election.  899 more words

Drug prosecutions in the Trump Administration

At one of this week’s White House press briefings, Sean Spicer spent considerable time (clearly more than he wished) discussing the President’s approach to federal drug policy.  818 more words