Former counsel to the president John W. Dean comments on the recent surprise defeat of House GOP Leader Eric Cantor in his reelection bid for his Virginia congressional seat. Despite some preliminary claims that the election signifies a resurgence of Tea Party activism, Dean suggests taking a hard look at Cantor’s defeat to better and fully understand why he lost. Other factors such as Democrats’ cross-over voting, Dean argues, could have played a role in Cantor’s defeat.
Former counsel to the president John Dean comments on a recent public revelation that the U.S. Supreme Court quietly revises its decisions years after they were issued. Drawing upon a forthcoming article by Harvard Law professor Richard Lazarus, Dean describes the process by which the Court releases its rulings to the public. He predicts that it will not be the errors and mistakes that will place the Court’s institutional integrity at risk in the future, but the secretive and dubious means they now use to change their written and published opinions.
Former counsel to the president John Dean critiques the most recent Benghazi inquiry led by Speaker of the House John Boehner as merely a thinly veiled fundraising tactic. Dean points out that the findings from seven prior Benghazi investigations are being ignored and that the only possible purpose of another one is to raise money.
Justia columnist and former counsel to the president John Dean implores the Supreme Court to end its rampage against election laws, beginning with ruling properly in Susan B. Anthony List v. Driehaus. In that case, in which the Supreme Court heard oral arguments last week, two political action committees are challenging an Ohio law that criminalizes false statements in a political contest. Dean compares the state law to defamation law, which he argues is similarly impotent yet faces no such legal challenge, and he calls for an end to the recent trend of Supreme Court decisions effectively dismantling American election laws.
Justia columnist and former counsel to the president John Dean comments on a federal lawsuit that seeks to halt Wisconsin’s inquiry into potential abuses or misuses of that state’s campaign finance laws. Dean describes Wisconsin’s “John Doe” investigations and explains the significance of a federal district judge’s denial of a motion to dismiss a case challenging one such proceeding that relates to Wisconsin Governor Scott Walker.
Justia columnist and former counsel to the president John Dean describes a recent trend of hard-right conservatives using the impeachment process as a weapon against government officials with whom they have mere political differences. Dean comments on the “Impeach Obama” movement and explains why it is unfounded and dangerous. He explains how the trend is now also starting to affect state officials, and he cautions that the impeachment movement could have serious consequences and cause significant problems that its advocates seem not to understand.
Justia columnist and former counsel to the president John Dean contends that internal investigations can be one effective way in which an institution's scandal might dissipate and the relevant institution may move on. Dean supports his provocative thesis with a number of intriguing examples.
Justia columnist and former counsel to the president John Dean comments on the nature of scandals generally, and on Chris Christie’s Bridgegate scandal in particular—which arose from Christie’s and/or his aide’s decision to close a lane of the George Washington Bridge. Dean suggests that the Bridgegate scandal, rather than winding down, may well be just getting started.
Justia columnist and former counsel to the President John Dean continues his series of columns regarding the monitoring of Apple that is connected to an antitrust action. Dean takes sharp issue regarding both how the monitoring is being done, and the costs that are being imposed on Apple as a result.
Justia columnist and former counsel to the president John Dean comments on the story of Josh Finkelman, 28 years old, the president of a warehouse business, and a serious football fan, who went looking for Super Bowl XLVIII tickets and ended up taking on the entire National Football League’s (NFL) Super Bowl ticketing system. Dean predicts that Finkelman’s lawsuit, if it goes forward, could be a doozy, and explains the New Jersey law that may make a lawsuit possible.
Justia columnist and former counsel to the president John Dean, a very frequent flyer himself, argues strongly against the Federal Communications Commission (FCC)’s apparent plan to authorize cellphone calls to be permitted during domestic airline flights. The move was backed by the Telecommunication Industry Association, which would benefit from the change, but it triggered negative public feedback. Moreover, Dean notes, the Department of Transportation is likely to say no to the FCC’s plan. Ultimately, Dean notes, a split decision is likely, allowing texting, but not talking, on a plane.
Justia columnist and former counsel to the president John Dean comments on the serious and building scandal that New Jersey Governor and potential Republican presidential candidate Chris Christie has on his hands, regarding allegations that he and/or his staff knowingly used their power for political reasons—specifically to allegedly close two toll booth lanes onto the George Washington Bridge as an act of political retribution.
Justia columnist and former counsel to the president John Dean comments on the ongoing importance of Edward Snowden, whose spectacular leaking of National Security Agency (NSA) secrets continues to have profound implications, in a set of specific ways that Dean describes. Accordingly, Dean argues that Snowden’s should be deemed the key legal story of 2013 and very likely that of 2014, too. Dean also compares what Snowden should do now, with what Daniel Ellsberg did after revealing the Pentagon Papers.
Justia columnist and former counsel to the president John Dean comments on the antitrust case against Apple, charging the company with conspiring to price fix e-books. Dean questions the judgment of the Southern District of New York judge, Denise Cote who was overseeing the case before it went to the U.S. Court of Appeals for the Second Circuit. In particular, Dean questions the decisions of Apple's court-ordered external monitor, Michael Bromwich, for reasons that Dean details.
Justia columnist and former counsel to the president John Dean comments on the Republicans’ filibusters of judges nominated for federal Circuit Court seats. He notes that this is a pure Nixonian technique, as well as a standard contemporary GOP procedure. Dean also comments on the first GOP filibuster, in 1968. Dean also comments on when Democrats will retaliate.
Justia columnist and former counsel to the president John Dean draws upon Stanford law professor Deborah Rhode’s book Lawyers as Leaders to comment upon, among other leadership topics, the remarkable failure that he argues that we are seeing in both contemporary Washington lawyers and also in our political leaders. Dean praises Rhode’s strongly documented book as far transcending the typical banal business book, and having a great deal to offer the reader.
Justia columnist and former counsel to the president John Dean comments on whether current Republican obstructionism could be charged as a federal crime. In particular, Dean questions whether Section 371 of Title 18 of the United States Code, which prohibits conspiracies to defraud the government of the United States, applies here. Dean concludes, however, for interesting reasons, that, even if Section 371 could apply, no criminal charges ought to be brought.
Justia columnist and former counsel to the president John Dean makes a forceful case against the Republicans’ decision to shut down the government, calling the move “government by extortion,” and explaining precisely why he believes that, for many reasons, the Republicans should have eschewed this gambit as completely out of bounds.
Justia columnist and former counsel to the president John Dean comments on the case of Sarah Jones v. Dirty World Entertainment, which he notes raises a fundamental question about the scope of immunity from defamation liability for Internet Service Providers under Section 230 of The Communications Decency Act (CDA). Dean predicts that the case will be watched closely, as an indication of whether the courts will, in fact, start policing the nearly unlimited immunity that has evolved under Section 230. There are good arguments on both sides of this case, Dean notes, making the case an especially interesting one.
Justia columnist and former counsel to the president John Dean comments on a 2008 New York Times story and its continuing fallout. The story insinuated that lobbyist Vicki Iseman had a romantic relationship with John McCain, who was then emerging as the presumptive GOP presidential nominee. But even The Times’ own ombudsman noted the story’s lack of proof. While McCain had no real remedy based on the story, Iseman sued The Times for defamation. Dean comments on the Iseman lawsuit, on a defamation suit filed by Barry Goldwater, and on American defamation law more generally. Dean also warns readers that their social-media activities may make them vulnerable in defamation suits, and draws on relevant advice from defamation experts Coleman Allen and Rodney Smolla.