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Archive for the ‘Justice Dept.’ Category

The Steele Dossier, Flynn, 18 U.S.C. 1001 (the Martha Stewart Law) and How To Reform “Materially”

January 6th, 2018 No comments

   Byron York has a good article in the Washington Examiner on what it means for the Senate to refer the Steele dossier for criminal investigation by the FBI— basically, that Steele lied to the FBI to get it to investigate imaginary happenings, which is a crime, and the Senators want the Justice Department to file charges under 18 U.S.C. 1001 or explain why not. 

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A fisking of Paul Rosenzweig’s LawFare defense of Mueller against the Trump Transition Letter.

December 19th, 2017 No comments

The pdf file HERE is  a fisking of Paul Rosenzweig’s LawFare defense of Mueller against the Trump Transition Letter.

I got interested in this and have been scanning the web for legal explanations of this kerfuffle, since I am not a lawyer.  There aren’t any good ones. As I said, I’m not a lawyer, but I know a lot of law (I’ve co-authored  numerous scholarly articles with law professors from Indiana, Illinois, UCLA, Chicago, Yale,Tokyo,  and Harvard and I’m the relator in New York ex rel. Eric Rasmusen v. Citigroup). I think I know more law than Mr. Rosenzweig, even though I feel my limitations keenly in this area of law (try me on tax whistleblower law, agency law, or the tax treatment of net operating losses and I’ll do better). So I’ll post this, to better inform the public. Maybe it will encourage real experts to come forward too. I wrote a book on game theory when I was 30 that had lots of mistakes, but it was the first in its field and I did stimulate, I fancy, older and wiser people to write books to improve on mine.

If I have mistakes, please  comment. I see an enormous amount of ignorant and arrogant commenting on these issues on the Internet, though, so please only comment  only if you aren’t just mouthing off. I’ll delete the comment otherwise.

 

The Justice Dept. OLC

April 6th, 2009 No comments

IU law prof Dawn Johnsen has been nominated to be head of the Justice Dept.’s Office of Legal Counsel. A vote on her nomination has been delayed a few weeks by Senate Republicans. The news says this is because they don’t like her extreme pro-abortion views, or that this is part of some haggling over release of old Bush OLC memos. I just came across something else that seems relevant, though. Wikipedia says that the last Bush nominee for this job, Steven G. Bradbury, was nominated in June 2005, approved by the Senate committee five months later, and then was blocked for over three years by Senate Democrats from having a full Senate vote and remained acting but unconfirmed till the Administration ended in January 2009. Is there any payback going on? If so, Prof> Johnsen may have a few years to wait.

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