In re: Michael Flynn

Jeremiah Morgan Constitutional Law, U. S. Court of Appeals, District of Columbia Circuit

Today we filed an amicus brief for former United States Attorney General Edwin Meese III supporting the dismissal of criminal charges against General Michael Flynn.  In our brief we argue that the Attorney General of the United States, not a federal district judge, has the primary responsibility for ensuring that criminal charges are brought only for violations of actual federal crimes.  In the Read More

CREW v. FEC

admin Constitutional Law, Election Law, Nonprofit Law, Statutory Construction, U. S. Court of Appeals, District of Columbia Circuit

Today our firm filed an amicus brief opposing a strained reading of the Federal Election Campaign Act disclosure requirement which CREW has urged a federal court to be forced on the FEC.  FEC rules have long required the disclosure by non-political committees of donors giving to support specific Independent Expenditures (IEs).  Reversing that established rule, the U.S. District Court for the District Read More

Grace v. District of Columbia

Michael Harless Firearms Law, U. S. Court of Appeals, District of Columbia Circuit

Today, we filed a brief in the U.S. Court of Appeals for the District of Columbia in support of a challenge to the D.C. Concealed Carry statute which was brought by Matthew Grace and others.  Our brief argues that the District of Columbia Council based its argument on the notion of hidden exceptions to the Bill of Rights, and a flawed understanding of the difference between the restricted nature Read More

Wrenn v. District of Columbia

Michael Harless Constitutional Law, U. S. Court of Appeals, District of Columbia Circuit

Today, our firm filed an amicus brief in the U.S. Court of Appeals for the District of Columbia Circuit, in support of a challenge to the District of Columbia’s requirement that a person must demonstrate a “good reason” in order to obtain a permit to carry a concealed weapon.  Our brief noted that before Heller, the federal courts perpetuated the charade that the right of “the People” Read More

Independence Institute v. FEC — Amicus Brief

Michael Harless Administrative Law, Constitutional Law, Election Law, U. S. Court of Appeals, District of Columbia Circuit

Today we filed an amicus brief in support of the Independence Institute in their challenge to the Federal Election Commission’s regulations requiring the names and addresses of donors to nonprofits doing issue ads, which technically meet the criteria of Independent Expenditures, to be disclosed. Our brief explains the motivation of Congress for wanting this information.

Link to brief

Heller v. District of Columbia — Amicus Brief

Michael Harless Constitutional Law, Firearms Law, U. S. Court of Appeals, District of Columbia Circuit

Today, our firm filed an amicus brief in the U.S. Court of Appeals for the District of Columbia Circuit, supporting another challenge by the legendary Dick Heller to the District of Columbia’s onerous firearm registration and licensing requirements. This is our firm’s third amicus brief supporting Heller’s challenges to these DC gun regulations. In 2008, the Supreme Court adopted the type Read More

Center for Individual Freedom, et al. v. Chris Van Hollen, et al. Amicus Brief for Free Speech Coalition, Inc., et al. in the United States Court of Appeals for the District of Columbia Circuit

Michael Harless Administrative Law, Constitutional Law, Election Law, U. S. Court of Appeals, District of Columbia Circuit

Today our firm filed an amicus brief in the case of Center for Individual Freedom, et al. v. Chris Van Hollen, et al. in the United States Court of Appeals for the District of Columbia Circuit in support of appellants and reversal.

Our brief argues that the BCRA section 201 provision requiring disclosure of the names and addresses of all contributors who contributed an aggregate of $1,000 or more Read More

Daniel Chapter One Reply Brief of Petitioners

Michael Harless Health Law, Litigation, U. S. Court of Appeals, District of Columbia Circuit

On behalf of Daniel Chapter One (“DCO”), today we filed with the U.S. Court of Appeals for the D.C. Circuit the reply brief of petitioners. The DCO reply brief argues that the FTC brief unjustifiedly disparages DCO and the Feijos’ relationship to it in an erroneous effort to assert jurisdiction over a ministry. Further, the FTC brief’s claim that DCO’s ads created the Read More

Daniel Chapter One Brief of Petitioners

Michael Harless Health Law, U. S. Court of Appeals, District of Columbia Circuit

On behalf of Daniel Chapter One (“DCO”), today we filed with the U.S. Court of Appeals for the D.C. Circuit the brief of petitioners. The DCO brief argues that the FTC failed to establish jurisdiction over DCO and exceeded its statutory authority by misuse of its “reasonable basis” theory and test. Further, the FTC order is arbitrary and capricious, being the product of a Read More

Heller II Amicus Brief Filed in Support of Appellants U.S. Court of Appeals for the District of Columbia

Michael Harless Firearms Law, U. S. Court of Appeals, District of Columbia Circuit

On July 30, 2010, in the U.S. Court of Appeals, D.C. Circuit, our firm filed the only amicus curiae brief filed in support of the challenge by appellant Dick Heller and others to portions of the D.C. Code that (i) require registration of all firearms, (ii) prohibit registration of so-called “assault weapons” and (iii) prohibit possession of so-called “high capacity” magazines.

Our brief argues Read More

Daniel Chapter One Motion for Hearing on RFRA Claim

Michael Harless Health Law, U. S. Court of Appeals, District of Columbia Circuit

On behalf of Daniel Chapter One (“DCO”), today we filed with the U.S. Court of Appeals for the D.C. Circuit a motion requesting a hearing on DCO’s claim that application of parts of the FTC’s modified final order substantially burdens DCO’s exercise of religion in violation of the Religious Freedom Restoration Act (“RFRA”).

Link to motion

Michael New Petition for Rehearing En Banc

Michael Harless Constitutional Law, U. S. Court of Appeals, District of Columbia Circuit

Today, the legal team for Michael New filed a petition for rehearing en banc of New’s collateral attack on his court-martial conviction for disobedience of a “lawful” order.  In his petition, New documents the unmistakable fact that the three-judge panel decision — affirming the district court’s dismissal of his complaint that he was denied due process of law Read More

Michael New Oral Argument

Michael Harless Constitutional Law, U. S. Court of Appeals, District of Columbia Circuit

On February 16 at 9:30AM, Herb Titus is scheduled for oral argument on behalf of Michael New before Circuit Judges Randolph and Garland and Senior Judge Williams, urging the appellate panel to reverse U.S. District Judge Friedman’s order dismissing Mr. New’s claim that he was unconstitutionally convicted of disobedience of a lawful order. Central to Mr. New’s constitutional claims Read More

Michael New Reply Brief

Michael Harless Constitutional Law, U. S. Court of Appeals, District of Columbia Circuit

On November 23, 2005, Michael New’s legal team filed a hard-hitting reply brief to the United States government’s continuing attempt to avoid New’s claim that his 1996 court-martial conviction for disobedience of a “lawful” order was unconstitutional. For over 10 years now, the government has sought to dismiss New’s claim that a 1995 order to wear a U.N. uniform Read More

Michael New Initial Brief

Michael Harless Constitutional Law, U. S. Court of Appeals, District of Columbia Circuit

We filed, on behalf of Michael New, an Initial Brief in the United States Court of Appeals for the District of Columbia Circuit. This brief presents for decision whether the district court improperly dismissed — for failure to state a claim upon which relief can be granted — each of the four counts of New’s Second Amended Complaint, collaterally attacking his January 25, 1996 court-martial Read More

Aid Association for Lutherans v. United States Postal Service

Michael Harless Nonprofit Law, Postal Law, U. S. Court of Appeals, District of Columbia Circuit

Our firm filed an amicus curiae brief on behalf of the Free Speech Defense and Education Fund focusing on the lack of procedural due process that inexorably attaches to the Postal Service’s interpretation of 39 U.S.C. section 3626(j)(1)(B) that its decisions as to who can mail what at nonprofit rates are not reviewable in federal court. Our constitutional analysis supplies the court with an Read More