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The Claremont Institute tried to respond to critics of faculty member John Eastman and fell flat on its face.

Federal Judge Knocks Down “The Resistance” on CFPB Power Grab Updated November 29, 2017 The Consumer Financial Protection Bureau (CFPB) was created by the Obama Administration under the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. The CFPB was designed to be independent of government: it didn’t depend on Congress for funding—it could extract funds directly from the Federal Reserve. And, though it was part of the Executive, the president had little control over it. And all the power was vested in its director. CFPB’s stated purpose is: “to e...

AP Photo/John Minchillo On Tuesday, the Department of Justice filed a motion to dismiss the criminal complaint filed against defendant Christopher Kelly on January 20, 2021. Kelly was charged in connection with the January 6 protests on Capitol Hill. There are several issues worth commenting on here. First, Kelly has never been indicted by a grand jury even though there have been grand jury indictments handed down as soon as the week following the protests. Kelly was charged by way of a criminal complaint obtained by the FBI, relying on an affidavit filed by Special Agent Michael Andretta, an...

AP Photo/Patrick Semansky More than five months have now passed since the January 6 protests, and the prosecution of hundreds of protesters in dozens of criminal cases filed in the District Court for the District of Columbia are well underway. Like many legal commentators on the conservative side, I expressed some reservations early on with regard to the stridency with which early criminal complaints filed in connection with some of the prosecutions described the events of January 6.  The description of events seemed unnecessarily hyperbolic in some respects, and such hyperbole seemed to set...

The Harvard Law Record We live in a post-constitutional universe. We have been reversing course since the American Revolution when George Washington turned aside a crown in favor of a Republic and Thomas Paine preached in Common Sense: “For so in absolute governments the King is the law, so in free countries the law ought to be king.” The President of the United States is now crowned with vastly more unchecked power than the tyranny King George III exercised over our forefathers which provoked the American Revolution. Our urgent task as citizens is to restore the Constitution by delib...