Archives for 2017

The Unintended Consequences of Mandatory Minimums

This blog post will re-examine the Sentencing Reform and Corrections Act (SRCA) and focus on mandatory minimums. For the purposes of this blog post, “mandatory minimums” refers to “when a person convicted of a crime must be imprisoned for a minimum term, as opposed to leaving the length of punishment […]

SCOTUS Oral Arguments Rundown: Marinello v. United States

Today the Supreme Court heard argument in Marinello v. United States No. 16-1144.  As we’ve noted before here and at the Federalist Society blog this case considers what level of knowledge a tax payer has to have to be subject to the omnibus felony penalties of 26 U.S.C. § 7212(a) […]

CoA Institute Investigates CFPB’s ‘Dumbledore Army’ Using Encrypted Messaging Apps to Thwart Transparency

Washington D.C. – Cause of Action Institute (“CoA Institute”) today filed a Freedom of Information Act (“FOIA”) request after media reports identified a number of career employees at the Consumer Financial Protection Bureau (“CFPB”) who use encrypted messaging apps to communicate about ways to resist changes under newly Trump-appointed acting […]

Inaccessible Criminal Codes and Their Domino Effects

On October 4, 2017, the Sentencing Reform and Corrections Act of 2017 (“SRCA”) was reintroduced in the Senate with bipartisan support. A version of the bill was first introduced in the Senate in October of 2015, but never received a vote. If signed into law, SRCA would reduce and restrict […]

DC courts are becoming the place to muzzle scientists (Washington Examiner)

DC courts are becoming the place to muzzle scientists by John McGlothlin | Nov 22, 2017, 12:01 AM Science is mostly known for groundbreaking discoveries, quirky characters, and complicated theories. But there is another tradition which has long been part of the field — scientists being incredibly mean to each other. Few professions […]

CoA Institute Files Second Lawsuit for Records Concerning EPA Employees’ Use of Encrypted Messaging App

Washington, D.C. – Cause of Action Institute (“CoA Institute”) today filed a second lawsuit in the U.S. District Court for the District of Columbia against the Environmental Protection Agency (“EPA”) for the failure to disclose records about an ongoing investigation into agency employees’ use of an encrypted messaging application, called “Signal.”  […]

Investigation Update: EPA Employees’ Use of an Encrypted Messaging App to Thwart Transparency and Fight the White House

Shortly after President Trump took office, Politico reported that a small group of career employees at the Environmental Protection Agency (“EPA”)—“numbering less than a dozen”—were using an encrypted messaging application, called “Signal,” to discuss ways in which to prevent incoming political appointees from implementing the Trump Administration’s policy agenda, which […]