Author Archives: Michael Froomkin

More Like This Please

A member of the ‘Sedition Caucus’ gets the ad he deserves:

Posted in 1/6 | Leave a comment

Lest We Forget: AG William Barr’s Sad Record

Marcy Wheeler has the goods:

Among the things Bill Barr did in his second tour as Attorney General were to:

In short, over an extended period, Bill Barr laid the groundwork for the two-month effort to undermine the election that culminated in a coup attempt. The outcome of Barr’s actions — the disparate treatment by the department of Trump supporters, the empowerment of right wing terrorists, the continued influence of Powell and Rudy —  was foreseeable. Nevertheless, Barr persisted with those policies that laid the groundwork for the January 6 insurrection.

And, let’s not forget the very misleading spin of the Mueller Report.

Posted in Law: Ethics, Law: Everything Else, The Scandals | Leave a comment

A Message to Republicans

A friend sends me this video, which it seems is making the rounds. It’s long (9+ minutes), and may come prefaced with a commercial (sorry about that), but it’s pretty good.

I wonder, however, whether it will reach its intended audience, and if it does whether it will persuade any of it?

Posted in 2020 Election, Trump | Leave a comment

A Hideous Proposal to Use No Fly Lists to Ban Alleged Insurrectionists

I hope they throw the book at all the people who we think stormed the Capitol. And the people who egged them on. And I hope they get fair trials.

But not this: Senator Chuck Schumer on Tuesday called for federal law enforcement to add participants from last week’s riot in the U.S. Capitol to the Transportation Security Administration’s no-fly list.

Do I have to explain how bad this is? No trials. No due process. Restrictions on freedom of movement on bare allegations. To the extent we limit it — this time — to persons believed engaged in armed trespass, or even just trespass to the Capitol, that’s different from making it purely political. But it’s moving in that direction. And, recall, that even insurrectionists are to be presumed innocent until proven guilty.

The right to travel should not be infringed because someone somewhere who is not accountable puts you on some list that is next to impossible to get off. That applies to all citizens and permanent residents, whether the list-maker thinks you are someone who makes suspicious visits to Muslim-majority countries, whether you are accused but not convicted of a crime, or because they just don’t like you.

I would be OK with a travel restriction (‘don’t go near DC’) for out-of-towners as a condition of their bail after they were arrested and indicted. That’s done by a judge or magistrate, it’s public, and it’s publicly appealable. The no-fly-list is none of those things; there is an appeal process of sorts, but it’s totally opaque.

Update:
Retired firefighter, comedian and Chuck Norris falsely accused of being Capitol rioters — this is why we have trials.

Posted in 1/6, Civil Liberties, Law: Right to Travel | Leave a comment

Digging Out

I’m sure it speaks badly for me, but I thought this, via Digby, was pretty funny:

For a more serious take, see today’s Krugman.

Posted in Econ & Money | Leave a comment

Too Delicious

Washington Post reports that Trump is stiffing Rudy Giuliani on his (inflated?) legal fees after a falling out:

Trump has instructed aides not to pay Giuliani’s legal fees, two officials said, and has demanded that he personally approve any reimbursements for the expenses Giuliani incurred while traveling on the president’s behalf to challenge election results in key states. They said Trump has privately expressed concern with some of Giuliani’s moves and did not appreciate a demand from Giuliani for $20,000 a day in fees for his work attempting to overturn the election.

And why not? Rudy is of no further use at this point, and Trump always stiffs his creditors.

Posted in The Scandals | Leave a comment