“It sounded like Judge Sullivan is mightily concerned about the seriousness of Flynn’s conduct,” Berman said.
“Congress doesn’t have to be controlled by the litigation in terms of deciding whether to seat the elected member,” he said. “That’s a decision Congress ultimately makes itself.”
“In a situation where say there’s two people involved in a robbery, they go in to rob and then police shoot somebody, and police are actually the ones who did the direct killing, we still say the felons were approximately causing that death and should be held responsible under this felony murder doctrine,” Berman said.
“I think the solicitor general is in a tough spot,” Walker said. “It would not surprise me if the SG filed a brief saying Auer deference is not grounded in positive law.”
“Bladen County, North Carolina, provides the latest object lesson for anyone genuinely interested in improving American elections,” Huefner writes. “Each day this past week brought a new revelation about apparent absentee ballot fraud there, fraud that appears increasingly likely to lead North Carolina authorities (or the U.S. House of Representatives) to call for a new election for the state’s 9th Congressional District.”
Professor Christopher Walker was quoted in an E&E News article titled, Deference rule may be on the chopping block.
Professor Daniel C.K. Chow was mentioned in an article in The Wall Street Journal titled, Apple Investigated Possible Business Misconduct in Its Supply Chain.
Professor Ric Simmons was quoted in a Voice of America article titled, Is End of Russia Probe in Sight?
Professor Emeritus of Law Joshua Dressler was quoted in a Vox article titled, Did Trump commit witness tampering by tweet? I asked 9 legal experts.
Professor Emeritus of Law Joshua Dressler was quoted in a Reuters article titled, Trump ex-lawyer pleads guilty to lying about Moscow tower project.
Professor Edward Foley was quoted in an article in The Huffington Post titled, California Takes Its Time Counting Ballots. Paul Ryan Thinks That’s Really Weird.
Professor Micah Berman was quoted in a New York Times article titled, Juul’s New Product: Less Nicotine, More Intense Vapor.