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Archive of entries posted on May 2013

The Third Circuit and the “Session” of the 18th Century Vermont General Assembly

As mentioned in my prior post, in the course of analyzing the meaning of “recess” in the Recess Appointments Clause, the Third Circuit considered legislative practice at the time of the framing. In looking at the state legislatures prior to 1787, the court found what it viewed as conflicting evidence on whether recesses are limited [...]

The Third Circuit’s Recess Appointments Decision

Another appellate court has weighed in on the legality of President Obama’s recess appointments to the National Labor Relations Board. In NLRB v. New Vista Nursing & Rehabilitation, the Third Circuit held that “the Recess” in the Recess Appointments Clause refers only to the period between Senate sessions. Because the NLRB appointments were made during [...]

Lois Lerner and Waiver of Fifth Amendment Privilege

Everybody is talking about whether Lois Lerner waived her Fifth Amendment privilege by making an exculpatory opening statement at yesterday’s hearing of the House Committee on Oversight and Government Reform (eg, these posts at Hot Air and the Volokh Conspiracy). As Juliet Eilperin notes, “[l]ike a lot of legal questions, it depends on whom you [...]

Taking the Fifth Before Congress

In a letter to the House Committee on Oversight and Government Reform yesterday, Lois Lerner’s attorney (veteran DC lawyer William Taylor) informed the committee of her intention to invoke her Fifth Amendment rights at today’s committee hearing. Taylor said that she should not be required to appear at the hearing because to do so would [...]

Why it Doesn’t Matter Whether Celia Roady is a “Lobbyist”

Celia Roady, the Morgan Lewis tax partner who posed the now-infamous planted question regarding IRS targeting of conservative groups at an ABA conference, “focuses her practice on tax and governance issues affecting tax-exempt organizations, including charities, foundations, colleges and universities, museums, and other nonprofit organizations,” according to the Morgan Lewis website. Roady has also been [...]

Renzi trial (chock full of Speech or Debate goodness) begins

The corruption trial of former congressman Rick Renzi began this week in federal court in Arizona. A number of Speech or Debate issues can be expected to arise during the trial. The Bipartisan Legal Advisory Group (affectionately known as BLAG) has already filed this amicus brief addressing the question of whether Renzi would waive the [...]