Make No Mistake: Federal Judges are Subject to Disciplinary Actions and Removal Mechanisms to Ensure Judicial Integrity and Independence

March 20, 2025

The primary constitutional mechanism for disciplining or removing federal judges is impeachment, as designated by the Framers of the Constitution (Hastings v. Judicial Conference of U.S., 770 F.2d 1093 (1985)). However, the judiciary also has internal mechanisms to address misconduct that does not rise to the level of impeachment. For example, the Judicial Councils can…
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Judicial Overreach: The Unlawful Blocking of DOGE’s Access to Treasury Records

February 11, 2025

A recent federal court order barring the Department of Government Efficiency (DOGE) and other cabinet officials from accessing Treasury Department records represents an unconstitutional overreach into the executive branch’s authority. Judicial intervention in executive functions must be carefully constrained to avoid violating the separation of powers. The legal framework governing executive access to records and…
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Is Accepting a Pardon an Admission of Guilt?

January 15, 2025

The question of whether accepting a pardon constitutes an admission of guilt is nuanced and has been addressed differently in various cases. In summary, while many courts have held that acceptance of a pardon implies a confession of guilt, there are exceptions, particularly when the pardon is granted on the grounds of innocence. The specific…
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Washington DC Could Lose Standing to Continue as a Plaintiff in Certain Civil Cases

January 4, 2025

If Washington DC loses its home rule and its legal authority is revoked, it might also lose standing to continue as a plaintiff in certain civil cases. This is because standing often depends on the entity’s legal authority to bring a lawsuit. For instance, in the case of the Office of the People’s Counsel for the…
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Freedom of Access to Clinic Entrances (FACE) Act of 1994

December 18, 2024

The Freedom of Access to Clinic Entrances (FACE) Act of 1994, codified at 18 U.S.C. § 248, prohibits the use of force, threat of force, and physical obstruction to intentionally injure, intimidate, or interfere with individuals seeking to obtain or provide reproductive health services. The Act also extends protections to religious worship and prohibits vandalism…
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Are Treason & Espionage Pardonable Crimes?

December 16, 2024

According to Westlaw, treason and espionage are pardonable crimes under certain conditions. Under federal law, the President of the United States has the power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment (Malone v. Shyne, 937 So.2d 343 (2006)), (U.S. v. Thomasson, 4 Biss. 336 (1869)). This…
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Statement of Concern in Support of Investigating Alleged Ethical Violations and Chilling Threats by Elizabeth Lynne Cheney

December 10, 2024

Office of Disciplinary Counsel, District of Columbia Court of Appeals 515 5th Street, NW, Building A, Suite 117 Washington, DC 20001 I. Introduction This Statement of Concern is submitted in support of the complaint filed by Stefan Passantino, represented by America First Legal, alleging severe ethical violations and improper conduct by former Congresswoman Elizabeth Lynne…
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Could antitrust laws theoretically apply to media organizations or alliances like the Global Alliance for Responsible Media?

July 10, 2024

Antitrust laws can indeed apply to media organizations or alliances like the Global Alliance for Responsible Media under certain circumstances. This application is primarily dependent on whether the behavior or structure of the organization restricts free and fair competition in the market. 1. Sherman Antitrust Act: The Sherman Act, established in 1890, made monopolies and…
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