Resetting Our Politics

Did Cassidy Hutchinson’s testimony change anything?

SCOTUS Strikes Down NY Gun Law

The 6-3 ruling broke down on predictable lines.

The January 6 Commission will be All-Democratic

A chance for a real investigation? Ruined legitimacy?

Supreme Court Upholds ‘Dual Sovereigns’ Exception To Double Jeopardy Clause

The Supreme Court has ruled to keep the long-standing “dual sovereigns” exception to the Double Jeopardy Clause in place.

Chelsea Manning Jailed For Refusing To Comply With Grand Jury Subpoena

Chelsea Manning is in jail for refusing to comply with a Grand Jury subpoena apparently related to an ongoing investigation of Julian Assange and Wikileaks.

Supreme Court Lifts Injunction Barring Trump’s Transgender Military Ban

In what amounts to a setback, the Supreme Court has lifted an injunction barring the Trump Administration’s ban on transgender service in the military to go forward pending further legal proceedings.

Trump Administration Bans Bump Stocks

As expected, the Justice Department has issued a new rule banning bump stocks. However, it is likely to face legal challenges.

Supreme Court Appears Willing To Uphold Exception To ‘Double Jeopardy’ Clause

The Supreme Court appears reluctant to overturn a century of case law that established a significant exception to the Double Jeopardy Clause.

Supreme Court Set To Hear Landmark Case On Double Jeopardy

Later this week, the Supreme Court will hear a case that could rewrite decades of law interpreting the Fifth Amendment’s Double Jeopardy rule.

Federal Judge Strikes Down Mississippi Law Barring Abortion After 15 Weeks

A Mississippi law that seeks to ban most abortions after 15 weeks was struck down by a Federal District Court Judge.

Trump Administration Threatens Again To Revoke Jim Acosta’s Press Pass

Despite a court ruling that says otherwise, the Trump White House appears prepared to once again revoke the press pass of CNN reporter Jim Acosta.

Judge Rules Against White House, Orders Jim Acosta’s Press Pass Restored

A Federal Judge in Washington ruled that the White House acted improperly when it arbitrary revoked CNN reporter Jim Acosta’s press pass.

Supreme Court To Take Up Double Jeopardy “Separate Sovereigns” Exception

Next term, the Justices will revisit the issue of whether someone can be tried in state and Federal Court for the same crime for the first time in nearly sixty years.

Guiliani Says Russia Probe May Get ‘Cleaned Up’ with Pardons

The President’s attorney continues to issue public statements that would seem injurious to his client.

Michael Cohen To Plead The Fifth

Michael Cohen will invoke his rights under the Fifth Amendment in response to any questions asked in discovery in the civil suit filed against him by Stormy Daniels. That’s really the only option he has.

Trump Lawyer Dangled Pardon to Flynn and Manafort

John Dowd allegedly raised the possibility while the Mueller investigation was closing in on the two presidential advisors.

Flynn Refuses To Comply With Congressional Subpoena, Invokes Fifth Amendment Rights

Lt. General Michael Flynn is declining to comply with a Congressional subpoena regarding the Russia investigation, and invoking his rights under the Fifth Amendment.

A Legal Bombshell Could Wreck The Criminal Case Against Bill Cosby

An agreement purportedly made ten years ago by a former prosecutor could mean the end of the criminal charges against Bill Cosby.

Supreme Court Rules In Favor Of Raisin Farmers In Takings Case

The Supreme Court has struck down a program that forced farmers to turn over a portion of their crop to the government without compensation.

Citing Fifth Amendment, Justice Department Declines To Prosecute Lois Lerner For Contempt

The Justice Department will not pursue contempt charges against Lois Lerner because it has determined that she did not waive her rights under the Fifth Amendment.

Virginia Judge Rules Police Can Compel Suspect To Unlock Phone Locked Via Fingerprint

The Fourth and Fifth Amendments do not prevent the police from compelling you to unlock your phone if you used fingerprint scan technology to lock it, Virginia Judge has ruled.

Gun Rights, Mental Health, And A Denial Of Due Process

New York State’s gun law takes rights away from nearly 35,000 people without any due process whatsoever.

Court Rules Defendant Must Reveal Computer’s Encryption Password

Another area where the law has yet to catch up to technology.

Federal Judge Rules No-Fly List Unconstitutional

The right to fly can’t be denied on mere whim.

Supreme Court to Rule on Cellphone Searches

The Justice Department thinks police should be able to search the smart phones of anyone arrested for anything.

House Committee Ignores Fifth Amendment, Holds Lois Lerner In Contempt

Despite the fact that she asserted her right against self-incrimination, a House Committee has voted to hold Lois Lerner in contempt for refusing to testify.

Was Amanda Knox Subjected to “Double Jeopardy?” Don’t Be So Sure About It

The idea that Amanda Knox was subjected to what we consider “double jeopardy” doesn’t seem to withstand scrutiny.

Apple’s Fingerprint ID May Make It Easier For Cops To Search Your Phone

Apple’s new fingerprint sensor. A cop’s best friend?

FISA Court Does Job Congress Assigned It

Don’t blame “secret courts” for the government’s expanded spying on American citizens and allies.

Lois Lerner Will Testify If Granted Immunity

Not surprisingly, Lois Lerner’s attorney is saying his client will only testify under a grant of immunity.

House Committee Claims Lois Lerner Waived Her Fifth Amendment Rights

Lois Lerner is likely headed back to Congress over the largely phony charge that she waived her Fifth Amendment rights.

What The Proposition 8 Ruling Means For California And The Country

The Court may have “punted” the Proposition 8 ruling, but it is likely to have a wide-ranging impact both in California and nationwide.

Big Metadata and Big Government

Jay Stanley and Ben Wizner, privacy experts at the ACLU, argue that metadata is more sensitive than we think.

Suspect Ordered To Provide Decryption Password: A Fifth Amendment Violation?

New developments in a still very new area of the law.

Who Does The Bill Of Rights Protect? All Of Us

It’s a mistake to think of the Bill of Rights as only protecting people who are “innocent” or “guilty.” It exists to protect all of us.

Diving Deeper into the TIGTA IRS Audit

Inside the Treasury Department’s Inspector General for Tax Administration investigation into the IRS scandal.

Further Thoughts On The Fifth Amendment And Lois Lerner’s Supposed Waiver Of Privilege

Darrell Issa’s Committee seems headed for a battle over the Fifth Amendment.

Invoking The Fifth Amendment Is Not Evidence Of Wrongdoing

A top IRS official will reportedly invoke her 5th Amendment rights rather than testify before Congress tomorrow.

Internet Surveillance State

All of us being watched, all the time, and that data being stored forever.

George Zimmerman: Trayvon Martin’s Shooting Was “All God’s Plan.”

For some reason, George Zimmerman sat down for an hour-long interview last night.

Federal Appeals Court Rules DOMA Section 3 Unconstitutional

An unsurprising decision on the Defense of Marriage.

I’m Confused, I Thought Republicans Respected The Constitition

The Republican National Committee throws the Fifth Amendment under the bus.

Eric Holder: Yes, We Can Kill American Citizens Without Trial

Attorney General Eric Holder offered a somewhat alarming defense of the Administration’s policy on targeted killings.

Federal Judge Orders Defendant To Reveal PGP Password To Law Enforcement

A Federal Judge deals with the clash between individual rights, law enforcement, and technology.

The Fifth Amendment, Privacy, And Computer Passwords

Can the government force a criminal defendant to reveal a computer password? A Federal case in Denver is dealing with that question right now.