Professor Ric Simmons, an expert in the area of election law, was recently quoted in an article by Vice titled, “Will Biden’s Justice Department Charge Trump Over the Capitol Riot?” “I don’t think it is feasible to charge Trump for […]
An expert in criminal law and procedure, Professor Ric Simmons was recently interviewed for a piece in The Hill titled, “Breonna Taylor grand juror remarks underscore system unfairness, say critics.” “Police use-of-force cases are by far the most common when […]
In September of 2020, Professor Ric Simmons launched ChooseYourJudges.org, an interactive website designed to educate voters on who to vote for in judicial elections based on the voters’ personal viewpoints.
Professor Ric Simmons was recently interviewed by the local NBC4 station after it was revealed that 25 people were on the witness list in the Dr. William Husel murder case. Husel, who formerly worked for the Mount Carmel Health System, […]
Professor Ric Simmons was recently quoted in an article by Politifact titled, “A look at whether Robert Mueller broke the rules for special counsels.”
“Mueller was offering evidence that could be used if the attorney general did in fact decide to charge him,” he said. “Not only is that not barred, it is precisely the kind of evidence that Mueller would be expected to bring to give proper advice to the attorney general.”
Professor Ric Simmons was recently quoted in a Vice News article titled, “Mueller says charging Trump would’ve been unconstitutional. These scholars beg to differ.”
“There’s nothing in the Constitution that says directly that a president can’t be indicted. I think Mueller’s hands were tied. But there’s another question: Is the memo correct? I think it’s not.”
Professor Ric Simmons was featured in an article by Vox titled, Does the Mueller report exonerate Trump? I asked 12 legal experts. “After reading the full report, it is much harder to understand why Mueller determined that there was insufficient evidence […]
“[It is] technically possible, but the legal and practical challenges in winning such an obstruction case would be great,” Simmons said. “A prosecutor would have to prove that the president believed there was a collusion case ‘contemplated’ against him even when he did not engage in collusion. That is theoretically possible, but hard to prove to a jury.”
“The Department of Justice must decide whether or not to prosecute a person for a federal crime, and for a case and potential defendant who is this high-profile, the decision had to be made at the highest level,” Simmons said.
“The statute broadly gives immunity for a lot of things. For example, if you’re following the orders or directive of a power of attorney or if you are following reasonable medical care,” Simmons said. “It allows you to give medication if you’re trying to give comfort or to relieve pain but not for the purpose of causing death.”
“It makes it more complicated in a case like this because as you say these medications are often used to some degree on patients like this and there’s always a risk even if you have a perfectly competent doctor who is not committing a crime that death will occur,” Simmons said. “So you have to prove that not just that death occurred but that death occurred because of criminal actions by the defendant.”
“The first is the question of causation,” Simmons said. “They have to prove that in fact it was the fentanyl that the doctors and nurses administered that actually caused these deaths.”