Tag Archives: courts

At Whose Cost?

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The Federal courts, in the person of Judge Robert Conrad in his capacity as Director of the Administrative Office of the US Courts, wants that office to take control of and responsibility for the physical Federal courthouses around the nation.

This request is a long-standing Judicial Conference position, originally adopted in 1989, and reaffirmed again in 2006. This position is being sought now because the condition of many buildings housing the Judiciary has reached a crisis point after decades of inadequate management and oversight.
This has led to over $8 billion worth of delinquent infrastructure repairs that have created risks to safety, security, and court operations. The recent unilateral actions and reorganization of GSA have only exacerbated these conditions[.]

Whether that last is accurate is a separate question. It’s nevertheless a valid beef, but my questions here are these: who will produce those $8 billion, the AOUSC through some sort of fee structure (levied on whom), some sort of GSA-/Congressional-mandated fee structure (levied on whom)? A line item in one of Congress’ appropriation bills? Something else?

Next, is this a one-time fund, or is it ongoing? At what sustainment level?

Then, who will administer the fund, whether it’s one-time or ongoing? Will this be an AOUSC function, or will it be GSA, Congressional, …?

Finally, who will let, agree, and administer the upgrade/maintenance contracts? Again, would this fall to the AOUSC, to GSA, to someone else?

In Which the Judge is Wrong on Principle

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Even if he might be correct in a strictly legal sense (which does constrain him via his oath of office). Magistrate Judge William Porter has ruled that DoJ may not search the electronic devices seized from Washington Post news writer Hannah Natanson. Porter claimed, as paraphrased by Just the News

seizing Natanson’s devices the department took her work product, documentary material, and access to the confidential sources—”all the tools she needs as a working journalist.”

The underlying case centers on Aurelio Luis Perez-Lugones, an IT employee of a government contractor, supposedly removing classified information and passing that information to Natanson.

This is Porter claiming that received stolen property is legitimately a news writer’s “work product.”

For anyone outside the journalism guild, receiving stolen property is a serious felony. It’s long past time to end this criminal carveout for news writers and the news outlets that employ them. Stolen property is precisely that, not more and not less, no matter who gets it.

Of Course He Is

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Because he must. SecDef Pete Hegseth is appealing a district court’s ruling blocking him from proceeding with investigation of, and potential retirement-related sanctioning, Arizona Progressive-Democrat Senator Mark Kelly over Kelly’s participation in a video encouraging disorder in the military ranks by emphasizing what every service member already knows—they have an obligation to disobey illegal orders—and by which emphasis he encouraged especially the lower and bottom ranks to question every order they’re given.

It may be that Hegseth is wrong with his move vis-à-vis Kelly, but the magistrate’s ruling is, it seems to me, badly premature. The Federal courts should not be interfering with what is at bottom a strictly military matter. Furthermore, until a final ruling regarding Kelly’s retirement status and retired rank is issued, no material harm has come to Kelly. That makes the magistrate’s ruling rationale speculative at best.

What should happen is for the civilian courts to let DoD’s investigation take its course and any potential sanction be realized. Only then would a civilian Federal court have any jurisdiction over the matter.

Who Drove the Settlement?

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Centerview Partners, a niche investment bank, agreed to settle a lawsuit brought by an intern who claimed she was terminated improperly over a disability she said she had. As is usual in many civil suits, the terms are unknown. The settlement came just before the trial was due to start, and

just a few days after the judge seemed to cast doubt on [Kathryn ] Shiber’s ability to claim the millions of dollars in compensation. During a pretrial conference Thursday, the judge said at one point that it would be improper for the jury to consider what she would have earned had she stayed at Centerview beyond the three-year program.

That timing raises questions in my suspicious pea brain, primary of which is who was the motivator for the settlement. Was it Centerview, looking to avoid the potential of an enormous payout to Shiber? Was it Shiber, who was satisfied with the settlement terms, whatever they are? Was it her lawyers, who in a fee-seeking imperative, bailed on Shiber since they no longer would be guaranteed their own enormous payout cut from those millions of dollars in compensation that otherwise would have been available to get access to?

Enquiring minds want to know.

It Hinges on the Meaning of….

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Missouri’s Attorney General, Katherine Hanaway, has gone to court to

bar the federal government from counting immigrants living in the country illegally when determining congressional representation and federal funding….

She added,

We are confident that the Census Bureau is going to start to plan for a census in 2030 where we don’t count illegal immigrants….

None of us American citizens believe illegal aliens should be allowed to vote. Counting their presence in apportioning 435 seats in House of Representatives among the several States is a different matter, though, and it’s not entirely up to the Census Bureau. Here’s what our Constitution has to say on House representation:

Article I, Section 2: The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative….

And

14th Amendment: Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion….

Every thirty thousand what, though? Citizens? Residents, which would include legal aliens? Anyone present at the time of enumeration, which would include illegal aliens?

The question hinges, also, on the definition of other crime, and here’s where things get truly serious. Illegal aliens, wherever present have committed the wrong of entering our nation illegally, and they compound their wrong-doing by remaining here in their illegal status. Are either of these crimes?

Title 8 US Code § 1325 – Improper entry by alien has this:

Any alien who (1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or (2) eludes examination or inspection by immigration officers, or (3) attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact, shall, for the first commission of any such offense, be fined under title 18 or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined under title 18, or imprisoned not more than 2 years, or both.

Our courts usually count illegal entry to be a misdemeanor, while illegal reentry is counted a felony. In this context, though, it’s a meaningless distinction: both misdemeanors and felonies are crimes in the legal sense. So it is, too, in our American English dictionaries. Merriam-Webster Online defines “misdemeanor” as a crime less serious than a felony.

With the 14th Amendment clarifying Art, Sect 2, and the Title 8 paragraph clarifying the nature of entering the US illegally, the case for not counting illegal aliens when apportioning Congressional representation should be straightforward.