Tag Archives: justice

RICO EXPERT COMMENTS ON TRUMP’S RECUSAL BID 

Los Angeles, CA … Lawyers for Donald Trump on Monday asked the federal judge presiding over his election subversion case in Washington to recuse herself, saying her past public statements about the former president and his connection to the January 6, 2021, riot at the U.S. Capitol call into question whether she can be fair. 

“Regardless of anyone’s personal opinion on the matter, Donald Trump’s motion for recusal has merit under the express provisions of 28 U.S.C. § 455, which requires a judge to recuse himself or herself in any proceeding in which [her] impartiality might reasonably be questioned. It is irrelevant whether the judge is actually biased. The U.S. Supreme Court squarely addressed this issue in Liljeberg v. Health Services Acquisition Corp., 486 U.S. 847, 860, which held that recusal is required even when a judge lacks actual knowledge of the facts indicating his interest or bias.

Judge Chutkan

Here, Judge Tanya Chutkan has made previous comments such as ‘Presidents are not kings, and Plaintiff is not a President’ and, in a December 2021 sentencing hearing, she stated, ‘the issue of who has or has not been charged is not before me. I don’t have any influence on that. I have my opinions, but they are not relevant.’ She has therefore publicly acknowledged her bias, which, at the very least, creates an appearance of partiality. This is nevertheless an uphill battle, as the motion has been submitted to Judge Chutkan, who will rule on this motion.

Having litigated this issue extensively in Angelica Limcaco v. Steve Wynn, Case No. 19-15949 (9th Cir. 2020), Donald Trump has to navigate a difficult path because the optics are problematic for him. The Justice Department will likely argue that Judge Chutkan has no financial interest, or something to that effect. Of course, if the motion is denied, the decision could result in an interlocutory appeal that may delay the case,” explained Jordan Matthews, a litigation partner at Weinberg Gonser LLP.

Report: Regulations on U.S. arms exports often skirted, rarely enforced

SOMERVILLE, Mass.—While the United States likes to claim it has the gold standard of arms export control measures, in practice the measures offer few restrictions on U.S. presidents’ ability to ship arms wherever they like, according to a new report from the World Peace Foundation (WPF) at Tufts University’s The Fletcher School of Law and Diplomacy.

The Arms Export Control Act (AECE) of 1976, as well as the United States’ international obligations, are meant to ensure decisions to export arms take into account the potential to escalate conflict or fall into the hands of U.S. enemies. The AECA sets up Congress as a check on presidential decisions.

“The potential for arms sales to exacerbate a conflict rarely stops a sale,” said report author Jennifer Erickson, associate professor of political science and international studies at Boston College. “When we do restrain exports, more often than not, political calculations are at work, rather than the legal checks and balances Congress put in place.”

Among the key findings of On the Front Lines: Conflict Zones and U.S. Arms Exports:

  • Conflict is not a consistent deterrent for U.S. arms exports. The United States usually prioritizes diplomatic and economic ties in export decision making—regardless of the conflict status of the recipient.
  • Presidents face few restrictions on using arms sales to meet policy goals. U.S. law sets an almost unreachable vote threshold for Congress to block or modify arms sales.
  • Even when the U.S. chooses not to supply weapons to conflict zones, it can and does use alternative means, such as common allies, to get arms to combatants.
  • There is no realistic way for the U.S. government to guarantee the weapons it sells are used only by the buyer, in ways that conform with U.S. interests. We cannot ensure weapons are only used defensively, for instance. And arms have staying power. Years after initial sales, they may be used instead for priorities the U.S. opposes.
  • Interpretation of regulations may become looser still as the U.S. enters a “New Cold War” with China or Russia.

In coming to these conclusions, the report examines U.S. arms sales, and restraint, connected to recent conflicts in Libya, Nigeria, South Sudan, Syria and Yemen. The World Peace Foundation commissioned similar studies on arms sales by the governments of the United Kingdom and France.

These studies follow earlier research by the WPF on which nations send arms into conflict zones, available on the website, Who Arms War? 

“The United States has all the regulations and policy tools it needs to ensure we do not make already dangerous places even more deadly,” said Alex de Waal, World Peace Foundation executive director and research professor at The Fletcher School. “We have mechanisms that can minimize the risk of America arming deadly actors. What we don’t seem to have is the political will to actually use those mechanisms. On numerous occasions American arms have made the world a more dangerous place, including for Americans.”

ABOUT THE WORLD PEACE FOUNDATION

Established by the publisher Edwin Ginn in 1910, the World Peace Foundation aims to “educate the people of all nations to a full knowledge of the waste and destructiveness of war and of preparation for war, its evil effects on present social conditions and on the wellbeing of future generations, and to promote international justice and the brotherhood of man, and generally by every practical means to promote peace and goodwill among all mankind.”

Hiring An Attorney: What You Need To Know

If you have never had to hire an attorney before, the process can seem rather overwhelming. This is often because media portrays a rather unfair image of attorneys. Thus, you may see them as being high-powered, cold-hearted individuals or as money-grabbing thugs. Either way, it isn’t a pleasant picture. The good news is that real life is hardly ever like that. Most attorneys are courteous and have scruples. Nevertheless, there are several things that you need to be aware of before hiring one. Here are the top things to know:

Always Pick Those with Specific Expertise

Think of lawyers in the same terms as doctors. If you have a particular medical problem, you will see a specialist in that field. This logic can also be applied to hiring attorneys. Thus, if you need help with domestic abuse, for instance, hire domestic violence lawyers. These individuals will have the knowledge and experience to ensure that your case is handled quickly and efficiently. What’s more, they will be more familiar with the process and the legal professionals that you will meet. This will certainly help things to move forward more smoothly.

There are Multiple Payment Options

One of the reasons that you may be concerned about hiring an attorney is due to the cost involved. And, it is true – there are some professionals that can be incredibly expensive. If you want to make sure that you are selecting a legal expert who fits your budget, check out their payment options. There are some individuals who insist that you pay for every hour that they work for you. Others will only accept payment if they win the case. Then there are those that create a payment system that best suits your financial situation and capabilities. Pick the one that is most compatible with your circumstances.

Look for an Involved Attorney

There are some attorneys who can be very dismissive. They simply assure you that they will take care of you and then essentially ignore most of your correspondence. Now, if you are facing serious criminal charges, such an attitude clearly won’t work. You need someone who, for example, will take the time to explain to you the best way to avoid DUI conviction. Having an understanding of the process can go a long way towards making you feel better about your case. Not to mention, it is important that you are involved with every step.

Consider Goal Compatibility

Every attorney has a different attitude towards their cases. Some will push for a better deal no matter what. Others will have a more positive exchange with their opponents and reach a more amicable position. There is no right or wrong approach. However, it is important to work with an attorney who has a similar attitude towards yours. This way, you can be certain that they will work towards a goal that you are happy with. Furthermore, you will be a lot more pleased with the final outcome.

These are all of the top things to be aware of when hiring an attorney. As long as you keep these in mind, you can find the best match for you, easily.

TRDWTR “Treadwater” launches as new mature themed Superhero franchise

TRDWTR  TRDWTR, pronounced ‘treadwater’, is a mature take on the superhero genre, set in a plausible geopolitical future. The franchise will kick off with a graphic novel on September 30th, 2014. A live-action series based on the novel is set to follow suit in 2015. A preview of the graphic novel will be staged in America’s largest comic book store today, September 10th.  To commemorate the launch, a teaser trailer for the TRDWTR franchise has been  made available to the general public. And here it is!