Stormy Daniels’ lawyer — Michael Avenatti — continues to put his client at risk of a large judgment, and even worse, at risk for criminal charges, for either her or him. Two minutes of fame can be very expensive.
Read MoreOn Thursday, three days before CBS’ “60 Minutes” aired an interview with adult film star Stormy Daniels about her alleged 2006 sexual encounter with Donald Trump and the alleged threats to keep quiet about it, her attorney tweeted a mysterious picture of a CD or DVD.
Read MoreSessions' recusal does not prevent Sessions from removing Mueller's power over non-collusion cases that do not concern the 2016 campaign. Indeed, the Constitution compels Sessions limit Mueller.
Read MoreToday in federal court Robert Barnes filed suit on behalf of pro-Trump journalist and political activist Cassandra Fairbanks of Big League Politics and formerly of Sputnik News.
Read MoreA law professor once gave wise advice about the misuse and abuse of impeachment. “The lesson of this whole saga is that impeachment is not a tool you play with easily without casting more aspersion on yourself than on your target.”
Read MoreA few weeks back, this author forecast President Trump would adjust his “travel ban” to explicitly incorporate the empirical basis for his decision into the executive order itself, incorporating relevant facts, policies, and history into President Trump's rationale for the order.
Read MoreTrump v. Obama Now for the pushback. The Deep State’s war on Donald Trump enters new territory, and this time the focus is on what the Obama administration may have done to sabotage Trump’s transition team and the new administration. Now its Trump vs. Obama.
Read MoreSome of the same liberal law professors and journalists who thought Hillary should be President after lying to Congress about hiding emails and who also praised Clapper’s “independence” after he repeatedly lied to Congress about NSA spying, now attack Attorney General Sessions under a bogus claim of “lying” to Congress. There is no basis to suggest Sessions committed any crime at all for doing his job as a Senator on the Armed Services Committee.
Read MoreAs an attorney with prior professional experience dealing with Sally Yates, I can imagine no one better who needs to be put under investigation herself. Now, information leaks that Sally Yates knew about surveillance being conducted against potential members of the Trump administration, and disclosed that information to others.
Read MoreAs trained appellate attorneys learn, a court’s opinion often gives away “tells” of the court’s own confidence, or absence thereof, in their opinion. Like a poker player at the table, some tells hide a weak hand. And few judicial “hands” are as weak as the Ninth Circuit’s opinion to let the Washington court’s stay on Trump’s immigration order stand.
Read MoreTwo different courts, on opposite coasts, ruled in opposite directions on Friday. A Boston federal court affirmed Trump’s executive order as “bona fide”; a Seattle federal court enjoined it. Both spoke to requests for “nationally” effective rulings. Can federal courts give conflicting directions to government employees? Did Homeland predict this in their screenplays?
Read MoreOpening Statement On Friday, a Boston federal judge issued a 21 page decision debunking the arguments against Trump’s Executive Order suspending migration from certain countries pending further review. Later that same day, a Seattle federal judge who has been making the news lately (and not usually for the most flattering of reasons), declared his oral intention to sign an order limiting some aspects of the executive order. In the courtroom, whose position is likely to ultimately win?
Read MoreIn a little noticed invite from the Supreme Court to the Solicitor General during the inauguration week, the Supreme Court suggested it may take up New Jersey’s argument to strike down federal law forbidding state’s from permitting sports betting in their states. Will the Supremes make sports betting in New Jersey great again?
Read MorePresident Trump is no stranger to pushing buttons. Anyone that has read “The Art of the Deal” knows that he sees himself as the negotiator willing to do what it takes to win the battles he chooses to fight. To those ends, his first few weeks in office have been entertaining if nothing else.
Read MoreThe founders passed the first immigration ban premised on fear of foreign radicals infiltrating the new nation. Sound familiar? Who pushed for and passed the law? President John Adams, our second President.
Read MoreThe press enjoys a certain liberty and license with evidence and court precedents that a lawyer cannot so easily employ within the confines of the law. So, what does the evidence of precedent say about the recent flurry of legal actions over Trump's Friday immigration orders?
Read MoreCouncil American-Islamic Relations announced an intention to sue President Donald Trump over his executive order banning most immigrants from Syria, and other countries that lack certain vetting standards and have issues with terrorism. Overnight, refugees who were in the air on the way to the United States are now being detained, and have also filed legal actions.
Read MoreCNN’s Jake Tapper, and many other pundits, assert there is “no evidence” to support Trump’s belief about a large number of illegal votes cast in the election.
Read MoreDoes anyone doubt that foreign government officials purchased books published by Barack Obama? My goodness, did Obama violate the emoluments clause? That is the extraordinary and unprecedented application of law a group of liberal lawyers masquerading as “ethics” lawyers (where were they during the Clinton Foundation?) urges in their proposed suit to be filed against President Trump today.
Read MoreGloria Allred’s suit against Trump may be good for TMZ (and her publicity), but not so good for a courtroom (and her client). And, given that TMZ once compared my legal pleadings to “Shakespeare,” I harbor no ill will toward TMZ. The biggest problem Allred’s client faces is she may end up with a dismissed suit and stuck with Trump’s legal bill.
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