Amicus Brief (Final)
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I Have Been Working on a Book, Stand-Ins, on The
Workshop Participants: I have been working on a book, Stand-Ins, on the causes and consequences of temporary leadership in government, business, and religion, which is aimed at a more general audience. Given recent events, I have returned to more traditional scholarship to explore some of the issues involving temporary leadership (and the lack thereof) in federal agencies, among other topics. This paper is brand new, incomplete, and unpolished. Given its length, I would recommend reading the Introduction (pp.1-5), Scope of Actings (pp.13-27), and Statutory Questions (pp.33-42). I look forward to your reactions and suggestions for improvement. AJO Actings Anne Joseph O’Connell Stanford Law School April 1, 2019 Please do not cite or distribute beyond the workshop without permission. I. Introduction Stand-in leaders do not usually command much attention. They step up in moments of need to keep organizations running. The stereotypical interim leader is therefore a caretaker—in place to maintain stability; not to implement major changes. But not all interim leaders are caretakers. Some are auditioning for the permanent job. And a few are there to shake up the organization—so-called “fixers”. The scope of temporary leadership is vast—after all, traditional leaders are transitory, and selection procedures for more permanent leaders take time. On the public side, there are interim leaders in all branches of the federal government. In Congress, there are appointed senators, chosen by their state’s governor to fill in for an elected senator who has died or resigned, perhaps in disgrace or perhaps to take a different job. -
Presentación De Powerpoint
THE TRUTH ABOUT CATALONIA’S BID FOR INDEPENDENCE Last update: 28 November 2019 This document is subject to the evolution of the events it contains and will be periodically updated. Please note the date of the last update and, if necessary, request the latest version from: [email protected] This edition has only been updated to include the sentences of the trial that were published on 14 October. The verb tenses of the previous version have been maintained, without prejudice to the fact that a last update can be made by adjusting the concordances. Contents CATALONIA’S BID FOR INDEPENDENCE 1. Timeline of the Independence bid THE CATALAN INDEPENDENCE BID ON TRIAL 2. The acts of 2017 and their prosecution 3. The five Articles of Spain’s Criminal Code that landed the procès defendants in the dock 4. Safeguards for the accused during the trial 5. Independence and safeguards of the Spanish legal system 6. Private prosecution: What is it? 7. The trial and sentences THE TRUTH ABOUT SPAIN AND ITS CATALAN REGION 8. The secessionists’ falsehoods 9. Spain is a state made up of Autonomous Communities 10. The price Catalonia is paying for the independence bid 11. Spain in international rankings QUESTIONS AND ANSWERS APPENDIX CATALONIA’S BID FOR INDEPENDENCE 1. Timeline of the Independence bid 11 SEPT Massive demonstration day (or Diada) for independence 2012 “Consultative process” • Promoted by the Catalan Regional 9 NOV Government [known as the Govern], presided by Artur Mas. 2014 Suspended by Spain’s Constitutional Court. • According to the Catalan regional administration [known as the Generalitat] 2,305,290 citizens voted and 80.76% of them voted in favour of independence. -
Presidential Appointments Primer
2021 NALEO Presidential Appointments Primer 2021 NALEO | PRESIDENTIAL APPOINTMENTS PRIMER America’s Latinos are strongly committed to public service at all levels of government, and possess a wealth of knowledge and skills to contribute as elected and appointed officials. The number of Latinos in our nation’s civic leadership has been steadily increasing as Latinos successfully pursue top positions in the public and private sectors. Throughout their tenure, and particularly during times of transition following elections, Presidential administrations seek to fill thousands of public service leadership and high-level support positions, and governing spots on advisory boards, commissions, and other bodies within the federal government. A strong Latino presence in the highest level appointments of President Joe Biden’s Administration is crucial to help ensure that the Administration develops policies and priorities that effectively address the issues facing the Latino community and all Americans. The National Association of Latino Elected and Appointed Officials (NALEO) Educational Fund is committed to ensuring that the Biden Administration appoints qualified Latinos to top government positions, including those in the Executive Office of the President, Cabinet-level agencies, sub-Cabinet, and the federal judiciary. This Primer provides information about the top positions available in the Biden Administration and how to secure them through the appointments process. 2021 NALEO | PRESIDENTIAL APPOINTMENTS PRIMER 2 2021 NALEO Presidential Appointments Primer TABLE OF CONTENTS BACKGROUND 4 AVAILABLE POSITIONS AND COMPENSATION 5 HOW TO APPLY 8 TYPICAL STEPS 10 In the Presidential Appointments Process NECESSARY CREDENTIALS 11 IS IT WORTH IT? 12 Challenges and Opportunities Of Presidential Appointments ADVOCACY & TECHNICAL ASSISTANCE 13 For Latino Candidates & Nominees 2021 NALEO | PRESIDENTIAL APPOINTMENTS PRIMER 3 BACKGROUND During the 1970’s and 1980’s, there were very few Latinos considered for appointments in the federal government. -
Did William Barr Refuse a Subpoena
Did William Barr Refuse A Subpoena Unmetrical Luke padlock: he breezed his Armorican mnemonically and nobbily. Oligarchic and largest Abdulkarim never perverts his pterosaurs! How anarchic is Otho when color and brattish Sherwynd agitating some kowhais? The resolutions numbers restart every time and did william barr refuse a subpoena from him when we have accepted client has two houses, including a general? The Justice chief said allowing such cooperation did not mean. Y had refused so far more review a version of opening report a far fewer redactions. A Subpoena is a court priest to come a court tell you ignore the butcher the slow will hold you in reverse You could descend to round or face a big fine for ignoring the Subpoena Subpoenas are used in contract criminal wrongdoing civil cases. Congress does not big and detain it for ignoring its subpoenas. Y on May 2 slammed Attorney General William P Barr for refusing to appear. Contempt of Congress Wikipedia. And van Trump administration that has defied numerous subpoenas. And potentially embarrassing to a presidenteven if he did apparent wrong. Committee to bill to pick to landlord two subpoenas related to Robert S. Nadler did not seem out issuing a subpoena for Barr's testimony down the last but care was not expected to erase so on Thursday This story ever been. What to recruit about only General William Barr the door. Does a subpoena mean form are mostly trouble? Last week is General William Barr released a redacted version of. Watergate select committee threatened to jail staff who refused to appear. -
Congressional Record—Senate S5492
S5492 CONGRESSIONAL RECORD — SENATE May 2, 2007 Mr. HARKIN. Yes, I have received a assurances of the chairman and the system. Small ‘‘p’’ politics, the imposition of good many calls as well. And, I have to ranking Republican on the committee. discretionary preferences, policies and prior- ities in the focus of prosecutorial discretion, say that I would be very concerned, as f I know the Senator from Utah is, if generally are proper. Partisans must accept MORNING BUSINESS them, like it or not. They are not the basis anything in the bill we are considering, for replacing attorneys general. S. 1082, would overturn DSHEA, a law Mr. MENENDEZ. Madam President, I The distinction is important. When the we fought side-by-side to see enacted. ask unanimous consent that there now Justice Department that I served in during Mr. ENZI. It might be helpful if I ex- be a period of morning business with the Kennedy administration came to office, plained the provision you are dis- Senators permitted to speak therein ‘‘political’’ priorities changed. The internal cussing, as my office has received for up to 10 minutes each. security division, active and robust during many calls as well and I believe the The PRESIDING OFFICER. Without the Eisenhower administration when loyalty callers are not informed about this objection, it is so ordered. was a major concern, was de-emphasized and eventually was deactivated. The organized matter. Subtitle B of title II of S. 1028 f crime and the civil rights sections, small and establishes the Reagan-Udall Founda- DEPARTMENT OF JUSTICE quiet in earlier years, grew into major cen- tion for the Food and Drug Administra- ters of departmental work and were the cen- tion. -
US Attorney General Releases New DOJ Charging and Sentencing Policy
May 2017 U.S. Attorney General Releases New DOJ Charging and Sentencing Policy – Little Impact Anticipated for White Collar Cases and FCPA Pilot Program On May 12, 2017, U.S. Attorney General Jeff Sessions issued a two-page memorandum setting forth a new charging and sentencing policy for the U.S. Department of Justice (“DOJ”) (the “Sessions Memo,” available here). Except in limited circumstances, the new policy directs federal prosecutors to charge criminal defendants with “the most serious, readily provable offense,” and requires them to disclose to the sentencing court “all facts that impact the sentencing guidelines or mandatory minimum sentences.”1 The new policy rescinds a memorandum that former Attorney General Eric Holder issued on August 12, 2013 (the “Holder Memo,” available here), which instructed federal prosecutors to “conduct an individualized assessment of the extent to which charges fit the specific circumstances of the case.” While the Sessions Memo is likely to have a material impact in drug and violent crime cases, its effect on white-collar cases is less clear. Indeed, white-collar cases involve complex questions of intent, and the most “serious, readily provable offense” will likely continue to be subject to prosecutorial judgment and discretion. Importantly, DOJ has already issued a statement that the “[t]he [Foreign Corrupt Practices Act] pilot program is not affected by the new department charging and sentencing policy, as any potential exception made as part of the program would comply with the approval requirements laid out in the memo.”2, 3 1 The U.S. Sentencing Guidelines are non-binding rules that set forth a uniform sentencing policy for defendants convicted in the federal court system, which judges must consider in determining a criminal defendant’s sentence (available here). -
The Guatemala Genocide Cases: Universal Jurisdiction and Its Limits
© The Guatemala Genocide Cases: Universal Jurisdiction and Its Limits by Paul “Woody” Scott* INTRODUCTION Systematic murder, genocide, torture, terror and cruelty – all are words used to describe the campaigns of Guatemalan leaders, including President Jose Efrain Rios Montt, directed toward the indigenous Mayans in the Guatemalan campo. The United Nations-backed Truth Commission concludes that the state carried out deliberate acts of genocide against the Mayan indigenous populations.1 Since Julio Cesar Mendez Montenegro took Guatemalan presidential office in 1966, Guatemala was involved in a bloody civil war between the army and guerrilla groups located in the Guatemalan countryside. The bloodshed escalated as Montt, a fundamentalist Christian minister, rose to power in 1982 after taking part in a coup d’état and becoming the de facto president of Guatemala. He was in power for just sixteen months, considered by many to be the bloodiest period of Guatemala’s history.2 Under his sixteen-month rule, more than 200,000 people were victims of homicide or forced kidnappings, 83% of whom were of indigenous Mayan origin. Indigenous Mayans were targeted, killed, tortured, raped, and * Paul “Woody” Scott is an associate attorney with Jeri Flynn & Associates in Baton Rouge, Louisiana. His practice is primarily immigration law and criminal defense, specializing in defending immigrants charged with criminal offenses, and deportation defense. He was born in San Pedro Sula, Honduras and moved to the United States at a very early age. He is fluent in both English and Spanish. 1 United Nations Office for Project Services [UNOPS], Commission for Historical Clarification [CEH], Conclusions and Recommendations, GUATEMALA, MEMORIA DEL SILENCIO [hereinafter, GUATEMALA, MEMORY OF SILENCE], Volume V, ¶ 26 (1999). -
Report of Investigation Regarding Allegations of Mishandling of Classified Documents by Attorney General Alberto Gonzales, Septe
U.S. Department of Justice Office of the Inspector General Report of Investigation Regarding Allegations of Mishandling of Classified Documents by Attorney General Alberto Gonzales Office of the Inspector General Oversight and Review Division September 2, 2008 TABLE OF CONTENTS I. INTRODUCTION ............................................................................... 1 II. BACKGROUND................................................................................. 2 A. Gonzales’s Professional Background........................................ 2 B. Overview of National Security Information Classification.......... 3 C. Security Facilities Available to Gonzales as Attorney General for the Handling of Classified Materials ................................... 4 1. Justice Department ....................................................... 4 2. Gonzales’s Residences.................................................... 5 D. Security Briefings Received by Gonzales as White House Counsel and as Attorney General ............................................ 7 III. GONZALES’S HANDLING OF CERTAIN CLASSIFIED DOCUMENTS... 8 A. Creation and Handling of the Handwritten Notes as White House Counsel .............................................................. 8 B. Gonzales’s Handling of the Handwritten Notes After He Was Sworn In As Attorney General ........................................ 11 C. Gonzales’s Handling of the Notes and Other SCI Documents as Attorney General............................................................... 14 1. OAG practices -
Indirect Constraints on the Office of Legal Counsel: Examining a Role for the Senate Judiciary Committee
Stanford Law Review Volume 73 June 2021 NOTE Indirect Constraints on the Office of Legal Counsel: Examining a Role for the Senate Judiciary Committee William S. Janover* Abstract. As arbiter of the constitutionality of executive actions, the Department of Justice Office of Legal Counsel (OLC) possesses vast authority over the operation of the federal government and is one of the primary vessels for the articulation of executive power. It therefore is not surprising that the OLC has found itself at the center of controversy across Democratic and Republican administrations. OLC opinions have justified the obstruction of valid congressional investigations, the targeted killing of an American citizen overseas, repeated military incursions without congressional approval, and, most infamously, torture. These episodes have generated a significant body of proposals to reform, constrain, or altogether eliminate the OLC. All of these proposals can be categorized as either direct or indirect constraints on how the OLC operates. Direct constraints target how the OLC actually creates its legal work product. Indirect constraints instead focus on the OLC’s personnel or the public scrutiny the Office’s opinions will face. This Note expands on this existing body of research, focusing on how one institution unstudied in this context, the United States Senate Judiciary Committee, can operationalize meaningful indirect constraints on the OLC. Unlike the other actors that scholars have examined, the Committee’s position outside the executive branch allows it to sidestep the President’s ever-expanding reach within the federal bureaucracy. At the same time, the Committee’s oversight powers and its central role in the nomination of both the OLC’s leader and Article III judges give it important constitutional and statutory authority to constrain the Office. -
The Right to Heal U.S
The Right to Heal U.S. Veterans and Iraqi Organizations Seek Accountability for Human Rights and Health Impacts of Decade of U.S.-led War Preliminary Report Submitted in Support of Request for Thematic Hearing Before the Inter-American Commission on Human Rights 149th Period of Sessions Executive Summary Submitted By: The Center for Constitutional Rights On Behalf of Federation of Workers Councils and Unions in Iraq Iraq Veterans Against the War Organization of Women’s Freedom in Iraq Submitting Organizations Federation of Workers Councils and Unions in Iraq (FWCUI) is a national unionist organization for the defense of rights of workers in Iraq, established since 2003, and has representatives in all main cities. FWCUI is known for its continuous positions against the newly introduced neo-liberal economic policies, and the new labor code which the FWCUI describes as “protecting the rights of employers while disempowering workers.” Iraq Veterans Against the War (IVAW) was founded by Iraq war veterans in July 2004 at the annual convention of Veterans for Peace (VFP) in Boston to give a voice to the large number of active duty service people and veterans who are against this war, but are under various pressures to remain silent. From its inception, IVAW has called for: (1) Immediate withdrawal of all occupying forces in Iraq; (2) Reparations for the human and structural damages Iraq has suffered, and stopping the corporate pillaging of Iraq so that their people can control their own lives and future; and (3) Full benefits, adequate healthcare (including mental health), and other supports for returning servicemen and women. -
August 4, 2021 VIA E-MAIL Joon H. Kim Anne L. Clark Special Deputies
August 4, 2021 VIA E-MAIL Joon H. Kim Anne L. Clark Special Deputies to the First Deputy Attorney General Office of the Attorney General The Capitol Albany, NY 112224-0341 Re: Response to Special Investigators’ Report Dear Counsel: As outside counsel to the Executive Chamber, we write to express our client’s deep concerns about the fairness of your investigation, and the lack of neutrality and impartiality with which it was conducted and concluded. First, it is very disappointing that you refused to provide the subjects of the investigation, many of whom are current and former Chamber officers and employees, with an opportunity to review and respond to your findings before they became public today.1 Unlike civil litigation or criminal prosecutions, where an investigation is followed by the opportunity for a trial or a hearing, your report is the end of the line. There will be no formal setting in which those whose conduct the report discusses will have a meaningful opportunity to challenge, rebut, or even raise questions about the investigators’ accuracy, their credibility determinations, or their thoroughness. That lack of process explains why it has now become commonplace in circumstances like these for agencies such as the New York Inspector General,2 the U.S. Department of Justice’s 1 We also note that you did not even alert us that you were releasing your report today. 2 See, e.g., State of New York Offs. of the Inspector Gen., Investigation of the New York State Department of Motor Vehicles Political Subdivision Program at 4 (Mar. -
Political Interference and the Challenges Facing the US
THE YALE LAW JOURNAL FORUM JANUARY 15, 2021 Treat Every Defendant Equally and Fairly: Political Interference and the Challenges Facing the U.S. Attorneys’ Offices as the Justice Department Turns 150 Years Old Joyce White Vance abstract. The US Attorneys’ Offices are the flagships of the federal government’s law-en- forcement work. But as the Department of Justice (DOJ) approaches its 150th anniversary, there are deep concerns for their future. The four years of the Trump Administration have shaken public confidence in DOJ, and during his tenure, Attorney General William Barr all too ofen took on the role of the President’s lawyer rather than upholding the integrity and credibility of line prosecutors to work free from political interference. This Essay, written in the weeks leading up to the 2020 presidential election,1 argues that, in a new administration, there must be a hardcore realignment of cultural values inside of the Justice Department that supports its independence and permits line prosecutors to effectively resist and reject political interference in criminal matters. The past four years have revealed frailty in the Department that requires more than the new laws and new poli- cies that will be designed to shore up some of the weaknesses that have been revealed. Ultimately, even with those new laws and policies, there must be a culture restoration that guarantees they will be implemented effectively so that the independence of prosecutions from political influence, which is critical to our criminal-justice system, is firmly in place. introduction The moment when Aaron Zelinsky, an Assistant United States Attorney (AUSA) in the District of Maryland, refused to silently stand by while Attorney 1.