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09/6/2017

Trump’s monument review is as secretive as Obama’s designations

Trump’s monument review is as secretive as Obama’s designations

By Kara McKenna, counsel at Cause of Action Institute

Presidential use of the Antiquities Act is ripe for abuse, as major decisions impacting vast public lands, natural resources, property rights, livelihoods and private industry are left to the sole discretion of the president. After such a unilateral designation, the president does not need to substantiate his decision in any meaningful way, beyond the use of a few magic words on the face of the proclamation.

It seemed like a positive step when President Trump in April issued an executive order seeking public input for a review of national monument designations over the last two decades. But it now appears that any hope for additional transparency may have been premature. Read the full article at The Hill

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08/21/2017

Drain The Swamp, But Stock The Pond At FTC (John Vecchione Opinion-Forbes)

Drain The Swamp, But Stock The Pond At FTC

 By John J. Vecchione, President of Cause of Action Institute

 Efforts by the Trump administration to reduce regulatory burdens on American businesses would be enhanced if the president acts quickly to fill vacant positions at the Federal Trade Commission (FTC).

 My organization, Cause of Action Institute, recently wrote to the president to urge immediate action to appoint commissioners. New leadership could help rein in the agency’s pattern and practice of regulatory overreach, and allow the pursuit of innovation, without fear of abusive and unconstitutional enforcement actions.

Read the full article at Forbes.com

 

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07/24/2017

GreenTech Automotive, Terry McAuliffe, and crony capitalism

SMOKE AND MIRROS

GreenTech Automotive, Terry McAuliffe, and crony capitalism

By John J. Vecchione and Ryan Mulvey | Jul 22, 2017

A politically connected “green energy” vehicle company that never delivered on its promises is finally being taken to task. A state auditor in Mississippi is demanding GreenTech Automotive repay its public loans after taxpayers were taken for a proverbial ride — though certainly not in one of the company’s elusive vehicles.

Read the full column at Richmond Times-Dispatch

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06/27/2017

John Vecchione discusses FBI’s involvement w/ Trump dossier on The John Fredericks Show

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05/17/2017

FTC vs. D-Link Systems: What They’re Saying

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05/8/2017

The next front in the FOIA War: Congress blocking disclosure of its dealings with the Executive Branch

By Ryan Mulvey, Opinion Contributor

Presidential interference with public access to politically sensitive agency records has been an ongoing fight that seems unlikely to end anytime soon, and now it appears Congress has decided to get into the game.  My organization, Cause of Action Institute (“CoA Institute”), has long been at the forefront of fighting against unlawful obstruction of the Freedom of Information Act (“FOIA”).  Last year, we filed a lawsuit against the Office of the White House Counsel to end the practice of “White House equities” review, which results in the delay of responses to FOIA requests that the administration deems politically embarrassing.  With that lawsuit still ongoing, Congress has taken a page from the White House’s playbook to keep records of its dealings with agencies hidden from public view, too.

BuzzFeed reported last week that Financial Services Committee Chairman Jeb Hensarling (R-Texas) sent a letter to the Treasury Department that directed the agency to treat all records exchanged with the committee as “congressional records” not subject to the FOIA.  Read More

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05/2/2017

The Rule of Lenity: A five-minute guide to navigating the intersection of administrative and criminal law

It is not often that you think of the terms “criminal defense” and “Chevron deference” in the same sentence. But this is starting to change given the ever-expanding number of quasi-civil and criminal statutes passed by Congress.

Indeed, much of the conduct that we would typically consider to be a violation of a regulation, subject to civil penalties in federal court or in an administrative tribunal, is criminalized in the same statute. And it is usually the government’s decision as to whether the case proceeds civilly or with handcuffs.

Read the full post by Cause of Action Institute Counsel Erica Marshall, published on The Federalist Society’s blog

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