Trump to Sign ‘Religious Freedom’ Order

Donald Trump is apparently going to sign a new executive order on "religious freedom" that, if the reports of what it is to contain are correct, he simply does not have the authority to do. This isn't just RFRA-style stuff, he evidently thinks he can overturn the Johnson Amendment by himself. … [Read more...]

How Conservative Judges Made Trump’s Sanctuary City Order Unconstitutional

Notre Dame law professor Garrett Epps explains at the Atlantic how a ruling by the conservative judges on the Supreme Court 20 years ago is the key precedent that makes Trump's executive order punishing "sanctuary cities" unconstitutional. … [Read more...]

New Trump Spokesman Doesn’t Understand Separation of Powers

For some bizarre reason, the Trump administration decided to send the toxic Steven Miller, the architect of some of his worst policy ideas, on television as a spokesperson. It worked out about as well as Kellyanne Conway and Sean Spicer. Miller's ignorance of judicial and executive power was on full display. … [Read more...]

John Yoo Thinks Trump is Overstepping His Executive Authority

John Yoo, the man behind the infamous torture memo that argued that the president could crush the testicles of the young son of a detainee in order to get them to give them information, thinks that Donald Trump is overstepping his legitimate executive powers. … [Read more...]

Trump Backs Down on ‘Lock Her Up’ and Right is Furious

After spending the last several months whipping his crowds of mindless authoritarians into a frenzy with chants of "lock her up," Donald Trump has suddenly decided he has no interest in doing so even if he had the power to (which he doesn't, and never did). And some of those supporters feel betrayed by it. … [Read more...]

Huckabee and Robert George, Together at Last

Robert George, probably the most prominent real legal scholar who opposes same-sex marriage (he's a law professor at Princeton), did an interview with Mike Huckabee on a Catholic TV show about same-sex marriage and his position that the president can simply ignore any ruling from the Supreme Court that he doesn't like. George actually did challenge him on how he could not then challenge the authority of a liberal president to ignore, say, the ruling in Citizens United. … [Read more...]

Neil Cavuto vs Michele Bachmann

Fox News host Neil Cavuto unloaded on Rep. Michele Bachmann as she dishonestly tried to defend a lawsuit being filed by House Republicans over President Obama's executive actions on various issues. He clearly was not buying what she was selling and accused her of hypocrisy: … [Read more...]

Former CIA Agent Hammers Feinstein

Former CIA agent Philip Giraldi has some choice words for Dianne Feinstein and other leaders in the legislative and executive branches who tut tut about the Bush torture regime while doing absolutely nothing to bring about justice or to reveal their own role in making it happen. … [Read more...]

Obama to Rein In Telephone Metadata Collection?

The New York Times reports that President Obama is preparing to submit legislation that would rein in the NSA's metadata collection activities. This is a follow up to his statement in January that he wants those records stored elsewhere and to require FISA warrants before being accessed. … [Read more...]

Obama Continues Crusade Against Whistleblowers

Peter Van Buren reports on a court case involving the federal government's rabid desire to punish Robert MacLean, a former TSA Air Marshall who blew the whistle on contradictory policies in that program (simultaneously cutting the air marshal program while sending out an alert about possible hijackings). The Obama DOJ is taking that case to the Supreme Court. … [Read more...]

Docs Confirm Metadata Snooping Started Under Bush

Newly released documents that were apparently submitted by the federal government in several legal challenges to the NSA's illegal surveillance programs confirm that the mining of metadata from emails began under direct order from President Bush. … [Read more...]

House Republicans Discover Limits of Executive Power

Last week the House of Representatives passed the Executive Needs to Faithfully Observe and Respect Congressional Enactments of the Law Act, of ENFORCE the Law Act (seriously, do they have someone whose job it is to come up with painfully ridiculous acronyms in Congress?). Jacob Sullum notes the hypocrisy: … [Read more...]