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  • ‘Anti-Sharia’ rallies brought out pro-Trump thugs — internet radicalized and spoiling for violence

    June 12, 2017

    Alt-right events are harvests of hate. They draw militants seeded by Donald Trump, fertilized in the muck of the internet, and nurtured by the more than 900 hate groups around the United States. Take the “March against Sharia” on June 10. It was organized by ACT for America, described by the Southern Poverty Law Center as an anti-Muslim extremist group. It planned more than 20 events around the country, and according to media accounts most rallies drew a few dozen at most...Speakers and attendees obsessed over women’s sexuality, conflating Sharia with honor killings, female genital mutilation, child marriage, and pedophilia. In actuality, the use of Sharia ranges widely in Muslim-majority countries and usually applies only to family and inheritance law, according to Intisar Rabb, a legal scholar. She says under the U.S. system of jurisprudence, “there is no threat that Sharia, or any other religious law, will supersede the laws of the state.”

  • Ringling’s big cats need new homes — and they could be headed for a circus overseas

    June 12, 2017

    An op-ed by Delcianna Winders. Ringling Bros. and Barnum & Bailey Circus has closed, but it still needs to find new homes for some of its animals. Ringling’s recent bid to export protected lions, tigers, and a leopard to a German circus reveals deep flaws in the way the Endangered Species Act (ESA) is being enforced by the U.S. Fish and Wildlife Service (FWS). All of these animals are imperiled in the wild and, as such, are supposed to be protected by the ESA. The ESA applies equally to captive and wild animals for good reason. When it was enacted, Congress recognized the connections between the exploitation of captive animals and species survival. Every day we learn more about how deep these links run, including how exhibits featuring endangered species in close contact with humans can undermine legitimate conservation efforts.

  • Kansas judicial conference speaker: Trump is ‘so-called president’

    June 12, 2017

    It’s one thing for President Donald Trump to criticize a sitting judge because he disagrees with a ruling the judge has made, legal historian Michael J. Klarman said Friday as he wound up a history presentation about the Brown v. Topeka Board of Education. It’s quite another to attack a judge, Klarman said, calling the president’s remarks after a travel ban ruling “disgraceful.” “You’re going to see more attacks on the judiciary” by Trump, Klarman said to roughly 300 Kansas judges and justices from Kansas appellate and district courts during the Kansas Judicial Conference in Topeka.

  • What We Learned From Former FBI Director James Comey (audio)

    June 12, 2017

    An interview with Nancy Gertner. Thursday, former FBI Director James Comey gave two and a half hours of highly anticipated testimony before the Senate Intelligence Committee. Comey was repeatedly asked about details revealed in his written testimony, submitted Wednesday. Specifically, he was asked why he took it upon himself to write memos of every visit and call he made with President Trump. "I was honestly concerned that he might lie about the nature of our meeting," said Comey. "So I thought it really important to document." Comey also confirmed the serious nature of the Russian hacking in the 2016 election.

  • New high court challenge to labor unions follows 4-4 split

    June 12, 2017

    Conservative groups are wasting little time in trying to deal a crippling blow to labor unions now that Justice Neil Gorsuch has joined the Supreme Court. A First Amendment clash over public sector unions left the justices deadlocked last year after the death of Justice Antonin Scalia. But union opponents have quickly steered a new case through federal courts in Illinois and they plan to appeal it to the high court on Tuesday...For unions, the loss of millions in fees would reduce their power to bargain for higher wages and benefits for government employees. "This is an aggressive litigation campaign aimed at undermining unions' ability to operate by forcing them to represent people for free," said Benjamin Sachs, a professor at Harvard Law School specializing in labor law.

  • Legal experts say how Trump’s tweets may hurt his travel ban case

    June 12, 2017

    Even as the U.S. Supreme Court prepares to decide the constitutionality of the revised travel ban proposed by President Trump, he went out of his way Monday to criticize the courts, and he seemed to suggest he would favor Christian refugees over Muslims. “The courts are slow and political!” Trump said in one of a series of early-morning Twitter postings about his executive order prohibiting U.S. entry of anyone from six nations whose populations are almost entirely Muslim. The order is under review by both the Supreme Court and the Ninth U.S. Circuit Court of Appeals in San Francisco...But [Laurence] Tribe told The Chronicle that Trump’s preference for his earlier order could “properly increase judicial skepticism over his claim that individuals subject to the ban could rely on the discretionary waiver provision to reduce the risk of undue hardship.”

  • Myanmar’s courts must be open to the public

    June 12, 2017

    An op-ed by Josh Pemberton LL.M. `17. Improving the rule of law has been at the centre of State Counsellor Aung San Suu Kyi’s vision for democratic reforms in Myanmar. In last year’s New Year speech, she stated: “the administration of justice shall be fair and just and be in accord with the internationally accepted norms.” While establishing the rule of law is an ambitious goal that will take time to accomplish, the government could quickly take a major step towards ensuring accountability and transparency in the administration of justice by opening the doors of Myanmar’s courtrooms and welcoming the presence of the public.

  • Chimps are not people, cannot be freed from custody -New York court

    June 12, 2017

    Chimpanzees do not deserve the same rights as people, a New York state appeals court unanimously concluded on Thursday, as it refused to order the release of two of the animals to a primate sanctuary. The 5-0 decision by the Appellate Division in Manhattan is the latest defeat for the Nonhuman Rights Project and its lawyer Steven Wise in a long debate over whether caged chimpanzees are actually legal "persons" entitled like humans to bodily liberty...Tommy's and Kiko's cause drew support from Harvard Law School Professor Laurence Tribe in a friend-of-the-court brief. Tribe suggested that nonhuman animals could face legal duties, citing a "long history, mainly from the medieval and early modern periods, of animals being tried for offenses such as attacking human beings and eating crops."

  • Will Comey’s Testimony Matter?

    June 12, 2017

    James Comey’s testimony to the Senate Intelligence Committee lived up to its billing: In a blockbuster hearing, the former FBI director accused President Donald Trump of telling “lies” about the reason for his abrupt firing, and detailed what he viewed as the president’s attempts to shut down a federal investigation...It’s one man’s word against another, with nothing less than the presidency of the United States potentially at stake. To sift through the questions raised by Comey’s dramatic testimony, we asked a bipartisan group of legal experts to analyze his remarks and tell us what they mean for the president’s fortunes and the FBI’s ongoing investigation. Here’s what they said: [Laurence Tribe]: "Comey was totally convincing and completely fair both in what he said and in what he refused to say. I can’t imagine anyone doubting a word of what he said."

  • For Trump, abuse of power could be as bad as obstruction (video)

    June 12, 2017

    Harvard constitutional law professor Laurence Tribe joins Lawrence O'Donnell exclusively to explain why being accused of abuse of power could be just as bad for President Trump as being accused of obstruction of justice… both are impeachable offenses.

  • Without executive privilege protections, intel chiefs may have to talk

    June 12, 2017

    Questions over whether President Donald Trump attempted to obstruct the Federal Bureau of Investigation’s Russia probe could hinge on testimony from the nation’s top intelligence chiefs. But this week, they refused to answer key questions from the Senate Intelligence Committee, even as they admitted they had no legal justification for that refusal...One form of executive is the deliberative process privilege, which involves advice given to the president, for example during deliberations or the decision-making process of executive officials. Another form of the privilege applies to confidential presidential communications, but doesn’t apply to conversations of a criminal nature, which the witnesses were being questioned about during the hearing, explained Laurence H. Tribe, a professor of constitutional law at Harvard Law School.

  • Trump’s lawyer to file complaint against Comey over memos

    June 12, 2017

    President Donald Trump's legal team, in the wake of damning testimony from James Comey, plans to file a complaint against the former FBI director with the Justice Department Inspector General and the Senate judiciary committee early next week, two sources with knowledge of the situation told CNN...Laurence Tribe, a professor of constitutional law at Harvard Law School, said that the "only impropriety, and perhaps illegality, in connection with the Comey release of his conversation with the President and of the memo recording was that of Trump, threatening the former FBI Director through Marc Kasowitz yesterday."

  • Mueller mulls interviewing Trump in obstruction probe

    June 12, 2017

    An op-ed by Alex Whiting. James Comey’s written and oral testimony before the Senate Intelligence Committee raises many legal, ethical, and political questions that will have to be pondered in the coming days. But focusing just on the specific question of whether President Trump attempted to obstruct justice, what are the likely next steps in special counsel Robert Mueller’s investigation? The answer is that Mueller will first pursue all available investigative avenues to corroborate (or not) Comey’s account before deciding whether to seek an interview of President Trump himself.

  • Is Trump being investigated for obstruction of justice?

    June 12, 2017

    With former FBI director James Comey’s hearing Thursday, we heard it straight from the horse’s mouth that Comey interpreted President Trump’s “hope” that the FBI drop its investigation into then-National Security Advisor Mike Flynn’s contacts with Russia as a directive. This immediately brought up the question of whether Trump was obstructing justice by essentially ordering Comey to drop the investigation. I asked Just Security's Alex Whiting, who was a federal prosecutor before his career as a Harvard Law professor, and Duke University law professor Samuel Buell for their two cents..."I think Comey’s testimony, both written and oral, strengthened the case that Trump’s February 14 request to drop the Flynn investigation constituted obstruction."

  • Comey Testifies: Did Trump pressure former FBI director? (video)

    June 12, 2017

    An interview with Alex Whiting. Did the president of the United States pressure the director of the FBI to put his personal reputation ahead of national security? Did Donald Trump know what he was saying when he exchanged with James Comey on February 14 about his national security advisor's ties to Russia? As Comey testifies before the Senate intelligence committee, we ask if this - as Barack Obama's head of national intelligence said this week – could be bigger than Watergate.

  • Why don’t feminists celebrate the successes of right-wing female politicians?

    June 12, 2017

    Theresa May, the leader of the UK’s Conservative Party and its embattled prime minister, is only the second woman to hold either roles...Theresa May, the leader of the UK’s Conservative Party and its embattled prime minister, is only the second woman to hold either roles..."There are two aspects to any serious critique of male dominance: that women have been excluded from male forms of power, and that power has been defined on male terms," Catherine MacKinnon, a professor of law at the University of Michigan and long-term visitor at Harvard Law School who authored several books on feminism, tells Quartz.

  • What Comey’s testimony means

    June 12, 2017

    Former FBI Director James Comey told the Senate Intelligence Committee Thursday that he believed President Trump was telling him he should drop the FBI’s criminal investigation into former National Security Adviser Michael Flynn during several private conversations between the two men. Comey testified that the president said he “hoped” Comey would “let this go,” asked him for his personal “loyalty,” and urged him to clear Trump’s name publicly from a broader probe into Russian election hacking...Nancy Gertner, a retired federal judge in Massachusetts who is now a senior lecturer at Harvard Law School, spoke with the Gazette about the legal issues swirling around the matter.

  • Case for Trump ‘obstruction of justice’ strengthens (video)

    June 12, 2017

    Nancy Gertner, former U.S. federal judge, talks with Rachel Maddow about whether the pressure Donald Trump exerted to end the FBI investigation into Mike Flynn was merely awkward or actually illegal.

  • Don’t ‘ask not’ — instead, ask, and summon the best in all of us

    June 6, 2017

    (An op-ed by Martha Minow) -- The 100th anniversary of the birth of President John F. Kennedy is a perfect occasion to revisit his inspiring challenges to Americans and, indeed, to the world, and to remember how he matched his high expectations with sacrifice, service, and contagious belief.

  • Why Regulators Are Needed to Handle Failed Banks

    June 6, 2017

    An op-ed by Mark Roe. One of the major reforms to avoid the recurrence of the severity of the financial crisis was a set of mechanisms by which the regulators could wind down failed banks or restructure them if they were still viable. The House of Representatives is set to vote to repeal this measure and replace it with a bankruptcy that only the bankers themselves could decide to enter. These are dangerous actions that can risk turning a tumultuous bank failure into a deep and full financial crisis, like that of the 2008-9 financial panic. Bankruptcy alone cannot handle a financial crisis emanating from collapsed banks. Adding a robust bankruptcy channel makes much sense. But repealing the regulatory-led system and replacing it with bankruptcy is unwise. Replacing it with the narrow, limited bankruptcy structure moving forward in the House is exceedingly unwise.

  • White House Won’t Seek to Block Former FBI Director Comey From Testifying

    June 6, 2017

    President Donald Trump won’t seek to invoke executive privilege to block former FBI director James Comey from testifying before Congress later this week...Any decision on whether to investigate the president or administration officials for possible obstruction likely will fall to Robert Mueller. The former FBI director was appointed by the Justice Department as a special counsel to oversee the FBI’s investigation after Mr. Comey’s dismissal. Legal experts differ on the extent of Mr. Mueller’s authority in the probe. “If Mueller’s investigation confirms what has been publicly reported, then he would be well within the zone of prosecutorial discretion to seek a criminal indictment for obstruction of justice,” said Andrew Crespo, a Harvard Law School criminal-law professor.