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How Thick is the Blanket? – Preemptive Pardons as a Presidential Power
FEATURED
December 6, 2024
How Thick is the Blanket? – Preemptive Pardons as a Presidential Power
By: James Trusty
As the presiding judge scolded Hunter Biden’s attorneys this week, “The Constitution provides the President with broad authority to grant reprieves and pardons for offenses against the United States, U.S. Const. art. II, § 2, cl. 1, but nowhere does the Constitution give the President the authority to rewrite history.”[1] But what exactly is that history he claims is being re-written? Judge Scarsi was challenging the largely academic issue of whether a pardon signed at noon, for instance, protects against crimes committed on the same day at dinnertime. That is a very limited run at the notion of “preemptive” pardons, and it seems to be strictly a question of chronology. The judge did not seem to question the idea of…
Supremely Improbable
July 30, 2024
Supremely Improbable
By: James Trusty
President Biden’s pronounced objectives for Supreme Court “reform” are improbable, politically lifeless under a particularly lame duck presidency, and motivated by transparently November-driven calculations. But even if the proposed changes are doomed from the start, they push public discourse on a couple of issues that are red meat for the democrats. The stated reforms are superficially simple ones: 1) to “clarify” that “there is no…
Presidential Immunity Ruling Stirs Sound and Fury
July 5, 2024
Presidential Immunity Ruling Stirs Sound and Fury
By: James Trusty
The immediate and eventual impact of the Supreme Court’s immunity decision in Trump v. United States is both considerable and dramatically misrepresented. The initial consequences include likely delay to the January 6 prosecution out of D.C. and the setting of hearings—in D.C., Georgia and south Florida—where the judges will be required to make factual findings as to whether the evidence supporting the indictments reflect “official…
Appellate Court Casts Doubt on Acceptability of ‘Obey-the Law’ Injunctions
June 25, 2012
Appellate Court Casts Doubt on Acceptability of ‘Obey-the Law’ Injunctions
By: Jeff Ifrah
We recently blogged about the recent decision of the U.S. Court of Appeals for the 11th Circuit in Securities and Exchange Commission v. Goble, 2012 WL 1918819 (11th Cir. May 29, 2012). There, we discussed the appeals court’s limitation on the reach of the concept of “securities fraud” under Section 10(b) of the Exchange Act and Rule 10b(5). Another aspect of that case is also…
FBI Raid Targets For-Profit School in Florida: Was This Necessary?
June 18, 2012
FBI Raid Targets For-Profit School in Florida: Was This Necessary?
By: Nicole Kardell
When you hear of FBI agents descending upon a place, you might think of a hostage situation, a drug raid, or the penetration of a terrorist cell. But you probably wouldn’t assume that those armed agents were working with the U.S. Department of Education on a raid on a Florida for-profit college. FBI agents raided campuses of FastTrain College in May 2012 in order to…
DOJ’s Response to Grassley Gives Details, but Not the Right Details
June 4, 2012
DOJ’s Response to Grassley Gives Details, but Not the Right Details
By: Nicole Kardell
The Justice Department showed off some fancy dance moves in a recent sidestep it used to respond to an inquiry from Senator Chuck Grassley (R-Iowa). Grassley wanted detail from Justice to support its claims that it has brought thousands of mortgage fraud cases, including numerous convictions against Wall Street execs, following the 2008 housing crisis. Justice provided detail . . . but not detail responsive…
Abbott’s $1.6 Billion Pharmacy Law Settlement Stands as Cautionary Tale to Pharma Companies
May 29, 2012
Abbott’s $1.6 Billion Pharmacy Law Settlement Stands as Cautionary Tale to Pharma Companies
By: Ifrah Law
A recent settlement by global pharmaceutical giant Abbott Laboratories over its promotion of the drug Depakote shows that federal regulators remain prepared to pursue drug manufacturers for promoting unapproved uses of their products. Abbott has agreed to pay federal and state governments a total of $1.6 billion in criminal and civil fines and to plead guilty to a criminal misdemeanor violation of the Food and…
Worst Part of Wal-Mart Bribery Case Is Failure to Conduct Proper Investigation
April 24, 2012
Worst Part of Wal-Mart Bribery Case Is Failure to Conduct Proper Investigation
By: Jeff Ifrah
Over the weekend, The New York Times broke a major story, publishing a highly detailed 8,000-word article that seems to indicate that Wal-Mart not only engaged in a pattern of bribery of Mexican government officials in the mid-2000s but also that the company intentionally stifled an internal investigation of the alleged bribery and in fact directed most of its furor against the former employee who…
