Tuesday, January 15, 2019

From our friends down under at Justinian....

Although not exactly on Gitmo, sometimes you have to be flexible....

Unqualified judges continue to receive important federal judicial appointments, e.g, to US Courts of Appeal. Some are scorned by the ABA, as they have tried few cases and can't write intelligible opinions.  
A few party loyalists already on the federal bench are contributing to Republican mischief, e.g, in Texas, where District Judge Reed O'Connor, appointed by G.W. Bush, accepted an "off-the-wall argument" that Obamacare is unconstitutional, simply because the mandate requiring people to have health insurance was repealed. More here.   
The decision is widely seen as partisan judicial activism: the judge is a favourite of Republicans who forum-shop for desired but politically-controversial rulings. 
O'Connor previously issued a number of orders against Obama initiatives and, in one startling decision, found that the 40-year old Indian Child Welfare Act, favouring adoptions by Native-Americans of their own kin, discriminated against non-indigenous Americans.  
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Barr: a lot of time in the top paddock
Attorney General Jeff Sessions was also let go by Trump, in much the way the one-time reality TV star disposed of "losers" on The Apprentice
Replacing the AG offers Mr Trump another chance to hobble DoJ's investigation of Russian involvement in the 2016 elections, newly confirmed in two reports commissioned by a bipartisan US senate.
Trump's choice for acting AG, Matthew Whitaker, has long opposed the Mueller investigation he would be overseeing. The DoJ Office of Legal Counsel attempted to justifyhis appointment, but there was an ethics review. Whitaker then rejected his own department's finding that he should recuse himself from involvement in the Mueller investigation based on previous prejudicial remarks.
Now there's a nominee for permanent AG, bad as the old one, and it's sad news for Guantanameros: William Barr was AG for Bush père when the notorious internment camp was first set up.  Barr's anti-Mueller views are well known; last year he sent an unsolicited memo to DOJ arguing for presidential immunity from many criminal laws, including obstruction of justice