One More for the Road: Why Congress Must Impeach Donald Trump (Again)

DEAN FALVY

Dean Falvy, a lecturer at the University of Washington School of Law in Seattle, makes the case for impeaching Donald Trump again, after the failed insurrection of January 6. Falvy describes three possible ways to disempower Trump from undermining democracy in our nation and explains why immediate impeachment by the House and removal by the Senate is the most appropriate course of action.

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United States v. Brooks-Davis

Docket: 19-2876

Opinion Date: January 7, 2021

Judge: James B. Loken

Areas of Law: Criminal Law

The Eighth Circuit affirmed defendant's conviction and sentence for two counts of aiding and abetting a felon in possession of a firearm. The court held that the evidence was sufficient to support defendant's conviction where the evidence showed he constructively possessed the Glock pistol in the Air Jordan bag and was in joint constructive possession of three other handguns. The court also held that there was no plain Rehaif error where defendant cannot show that the district court's failure to include a Rehaif instruction affected his substantial rights or seriously affected the fairness, integrity, or public reputation of the proceedings. Finally, the district court did not err by imposing a sentencing enhancement under USSG 2K2.1(b)(1) for possessing three to seven firearms.