Category Archives: Constitutional Law
Political Acquittal Not Proof of Innocence
As has become crystal clear, “not guilty” is not equivalent to “innocent” in the politics of impeachment. In a series of rambling, disparaging tweets…
Trump and Possible Articles of Impeachment
Article I, Section 2, Clause 5 of the U.S. Constitution permits the U.S. House of Representatives of investigate and bring articles of impeachment against…
Should Supreme Court Justice Brett Kavanaugh be Impeached?
U.S. Supreme Court Justice Brett Kavanaugh knows a thing or two about impeachment. After graduating from Yale College as a “cum laude” undergraduate in…
Defending the Indefensible Client: Ethical Duty Versus Social, Professional Risk
Every criminal defense attorney has had a client whose crime repulsed the attorney. Every criminal suspect is entitled under both our state and federal…
President Donald J. Trump Politicizes Courts and Justice
President Donald J. Trump has polarized the American judiciary along racial and political lines. He believes the Attorney General of the United States should…
Supreme Court Upholds Exception to Double Jeopardy, Stare Decisis in Trouble
Most people share the common misunderstanding that under our constitution a person cannot twice be put in jeopardy for the same offense. This legal…
Judges Must Refrain from Politics from the Bench
That Michael Kwan, a justice court judge in Taylorsville, Utah, has a history of violating the Utah Code of Judicial Conduct is not subject…
Congressional Authority to Investigate the President
Congress’s authority to conduct oversight, and its corollary power to investigate, the executive branch of government (and all of its agencies) are not explicitly…
President Trump Deliberately Creating Constitutional Crisis, Delay
The current President of these United States of America, Donald John Trump, has imposed upon all law-abiding Americans during his first two years and…
The Right to Privacy in One’s Blood
The Texas Court of Criminal Appeals (CCA) has convoluted history with blood and privacy. In a 1991 opinion, State v. Comeaux, the CCA dealt…
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