Breaking: SCOTUS Rules No Absolute Immunity In Two Cases Involving Subpoena Of Trump Taxes

Ken AshfordConstitution, Supreme Court, Trump & AdministrationLeave a Comment

Trump v. Mazars LLP: Can US House committee subpoena financial records of Trump and his businesses? 7-2 (same 7-2 as below). Yes if for a proper legislative purpose. Court below must decide if there is a proper legislative purpose, taking into account separation of powers issues. Basically a punt. Win for libs because Trump has no absolute immunity, but good … Read More

Supreme Court Issues Landmark Ruling On LGBTQ Discrimination

Ken AshfordConstitution, Culture & Education & Religion, Supreme Court, Transgender IssuesLeave a Comment

The opinion: 6-3, with Roberts and Gorsuch joining the lefties. Gorsuch wrote the opinion. Justice Gorsuch says, essentially, that when Congress outlawed discrimination “because of” sex in Title VII, Congress must have meant to include gays and transgenders “because it is impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex.” Gorsuch is … Read More

Society Coming Apart At The Seems

Ken AshfordConstitution, Racial Homicides, Social Media & Networking, Trump & AdministrationLeave a Comment

The brutal manslaughter of George Floyd by Minneapolis policemen has become a touchstone for so many societal hot spots. The most notable, of course, is the continued racial injustice by police in communities throughout the country. This is not new of course. We have seen it repeatedly over the years. I’m not sure anything I can say will add to … Read More

Senate Gets Briefed By White House On Rationale For Soleimani Attack

Ken AshfordCongress, Constitution, Iran, Trump & Administration, War on Terrorism/TortureLeave a Comment

Well, the Democratic response is predictable…. Sen. Murphy: "I was deeply surprised at the lack of information presented by the administration regarding a specific imminent threat … I was, I think, both surprised and saddened to not have that information before us. I think it is likely because it doesn't exist." Via ABC — Kyle Griffin (@kylegriffin1) January 8, … Read More

Trump Formalizes Obstruction In Letter To Congress

Ken AshfordConstitution, L'Affaire Ukraine, Trump & Administration, Trump ImpeachmentLeave a Comment

He won’t cooperate, period. And now we are officially in a constitutional crisis. The missive sprawls over eight pages, but its message can be boiled down to just five words: You’re damn right we’re obstructing. I need to discuss the legal issues here — there are very few in this letter. They are tucked away in footnotes. And they are terrible. … Read More

Huge Win: NC Court Strikes Down GOP-Gerrymandered Districts; Orders New Map

Ken AshfordConstitution, Courts/Law, Election 2020, Local Interest, Voter Suppression & Voter SecurityLeave a Comment

In a 357-page decision, a unanimous three-judge panel on Tuesday ordered drawing of new legislative maps in North Carolina, ruling in Common Cause v. Lewis that the current maps constitute “extreme partisan gerrymandering” and violate three separate provisions of the state constitution. “The 2017 Enacted Maps, as drawn, do not permit voters to freely choose their representative, but rather representatives are … Read More

Emoluments Case Dismissed

Ken AshfordConstitution, Crime, Political Scandals, Trump & AdministrationLeave a Comment

The Fourth Circuit just sided with President Trump, dismissing a lawsuit claiming the president is illegally profiting from foreign and state government visitors at his luxury hotel in downtown Washington. The unanimous ruling is a victory for the president in a novel case brought by the attorneys general of Maryland and the District of Columbia involving anti-corruption provisions in the … Read More

Breaking: Second Circuit Rules That Trump Cannot Block People On Twitter

Ken AshfordConstitution, Courts/Law, Trump & AdministrationLeave a Comment

The 2nd US Circuit Court of Appeals upheld a New York judge’s ruling and found that Trump “engaged in unconstitutional viewpoint discrimination by utilizing Twitter’s ‘blocking’ function to limit certain users’ access to his social media account, which is otherwise open to the public at large, because he disagrees with their speech.” “We hold that he engaged in such discrimination,” the ruling … Read More

Is It Constitutional Showdown Time?

Ken AshfordConstitution, Trump & AdministrationLeave a Comment

Will we finally get the Constitutional showdown we’ve been waiting for? It’s obvious that Trump believes neither he not any of his underlings should deign to appear before another branch of the US government. Constitutional Republic? Pshaw. It’s Unitary Executive Time, Baby! The President gets to decide all by his-damned-self what counts as a “legitimate” investigation and what is a … Read More

Trump Meddled Again With DOJ Investigation

Ken AshfordConstitution, L'Affaire Russe, Stormy Daniels & Karen McDougal Affairs, Trump & AdministrationLeave a Comment

Just out from the NY Times: As federal prosecutors in Manhattan gathered evidence late last year about President Trump’s role in silencing women with hush payments during the 2016 campaign, Mr. Trump called Matthew G. Whitaker, his newly installed attorney general, with a question. He asked whether Geoffrey S. Berman, the United States attorney for the Southern District of New … Read More

McCabe Told Gang of Eight About Counterintelligence Investigation Into Trump

Ken AshfordCongress, Constitution, L'Affaire Russe, Trump & AdministrationLeave a Comment

I haven’t written much, if anything about former FBI director Andrew McCabe’s series interviews promoting his upcoming new book, but the big reveal from it all is that McCabe ordered a counterintelligence investigation into Trump early in the presidency. Not surprising in one sense, given Trump’s firing of James Comey, etc. But there was an interesting wrinkle to the story. … Read More

The Latest Court Attack On Obamacare Could Backfire

Ken AshfordConstitution, Courts/Law, Health CareLeave a Comment

The latest conservative challenge to the Affordable Care Act, in which the Trump administration has taken the position that the health care law’s protections for preexisting conditions are unconstitutional, is heading to the courtroom. Federal judge Reed O’Connor, who has ruled against Obamacare before, is set to hear oral arguments on Wednesday, September 5. Trump lawyers are arguing that Obamacare’s most popular provisions … Read More