Trump Learns The Hard Way That ‘No One Is Above The Law’

Don McGahn (Photo by Drew Angerer/Getty Images)

Stated simply, the primary takeaway from the past 250 years of recorded American history is that Presidents are not kings. … This means that they do not have subjects, bound by loyalty or blood, whose destiny they are entitled to control. Rather, in this land of liberty, it is indisputable that current and former employees of the White House work for the People of the United States, and that they take an oath to protect and defend the Constitution of the United States. …

[A]s far as the duty to appear is concerned, this Court holds that Executive branch officials are not absolutely immune from compulsory congressional process—no matter how many times the Executive branch has asserted as much over the years—even if the President expressly directs such officials’ non-compliance.

This result is unavoidable as a matter of basic constitutional law…. Today, this Court adds that this conclusion is inescapable precisely because compulsory appearance by dint of a subpoena is a legal construct, not a political one, and per the Constitution, no one is above the law.

— Judge Kentanji Brown Jackson (D.D.C.), ruling in a sharp rebuke to the Trump administration’s repeated assertions that both current and former presidential aides — like former White House counsel Don McGahn, whom you may recall decided to resign after President Trump allegedly asked him to “do crazy shit” — have “absolute immunity” from compelled testimony as part of the House’s impeachment inquiry. McGahn’s lawyer said his client would comply with the ruling unless it is stayed pending appeal. The Justice Department has vowed to appeal.

(Flip to the next page to read the ruling in full.)


Staci ZaretskyStaci Zaretsky is a senior editor at Above the Law, where she’s worked since 2011. She’d love to hear from you, so please feel free to email her with any tips, questions, comments, or critiques. You can follow her on Twitter or connect with her on LinkedIn.

Wall Street Shocked Argentine President-Elect Who Ran Against It Not Eager To Do What It Wants

Morning Docket: 11.26.2019

Don McGahn (Photo by Drew Angerer/Getty Images)

* A federal judge has ordered former White House Counsel Don McGahn to testify in front of the House impeachment inquiry, stating that “Presidents are not kings.” [CNN]

* A North Carolina woman has been charged with pretending to be a lawyer in court. She probably told the judge her name was Jerry Callo (can’t resit a good My Cousin Vinny reference). [Charlotte Observer]

* It looks like there won’t be any more episodes of “Serial” — the Supreme Court announced yesterday that the high court would not be hearing the case of Adnan Syed, the subject of the viral podcast. [Vox]

* Justice Ruth Bader Ginsburg was back at the Supreme Court yesterday after a brief stay at the hospital over the weekend. [Reuters]

* More than a thousand Americans have signed onto a lawsuit against a number of companies for allegedly supporting terrorist groups. [Full Measure]

* Devin Nunes has threatened to sue CNN and the Daily Beast over news stories about him. Mr. Nunes may want to brush up on his First Amendment law (or just watch John Oliver). [Vox]


Jordan Rothman is a partner of The Rothman Law Firm, a full-service New York and New Jersey law firm. He is also the founder of Student Debt Diaries, a website discussing how he paid off his student loans. You can reach Jordan through email at jordan@rothmanlawyer.com.

Young elephants were taken from their mothers in Zimbabwe. Now they’re in cages in China – The Zimbabwean

By the end of this month, as more and more experts weigh in on the deep trauma suffered by captured elephants, a treaty governing international animal trade will halt the export of live elephants from Zimbabwe and other countries in Southern Africa.

A vast park on Zimbabwe’s westernmost frontier, Hwange is one of the continent’s best spots for seeing giant elephant herds.

But few of the tourists entering the main gate are aware that just a few miles away to the southeast is a large boma compound, notorious among animal rights groups as the center of Zimbabwe’s efforts to sell elephants.

Armed with satellite coordinates provided by a source, we drove to the edge of the compound to try and see the elephants allegedly still inside.

“I have no idea about that,” a manager says, when asked about the elephant boma, a kind of holding pen before translocation.

We were quickly asked to leave, but Chrispen Chikadaya, a senior inspector with the Zimbabwe National Society for the Prevention of Cruelty to Animals (ZNSPCA), is one of the few people who has gotten inside.

Chikadaya began hearing the rumors late last year that park authorities were rounding up breeding herds and capturing juveniles for export.

Witnesses told him that wranglers were grabbing elephants old enough to survive without their mother’s milk, but small enough to squeeze into a freight box to China.

“They experience severe stress; they don’t have the freedom they have to move around like they do in the wild. If you put them in cages, you have now taken away the wild in them,” says Chikadaya.

Footage courtesy of Humane Society International released earlier this year.

Video released by Humane Society International shows the young mammals pacing back and forth, behavior often exhibited by stressed elephants. Predictably, the images sparked outrage.

“This is fiction. People act like we don’t love these animals, that we are abusing them. It is not true, because we are looking after our animals very well,” says Tinashe Farawo, a spokesman for Zimbabwe National Parks and Wildlife Management Authority (Zimparks).

He says that Zimbabwe has legally translocated animals to zoos, circuses and sanctuaries for decades without much fuss.

“We have moved animals to the US, the UK, Australia and New Zealand. This is not a new phenomenon in this country,” he says. “We think people should be scientific and ask what the facts are, not the emotions.”

Intelligent and sociable animals

Well-known elephant biologist Joyce Poole scoffs at the emotion-versus-science argument.

After studying elephants in the field for decades, she believes that they are uniquely intelligent and ill-suited for confinement.

“Some critics say we are ascribing human characteristics towards elephant, but we are not. These are elephant characteristics. They are capable of empathy, of self-awareness, understanding death and compassion. This is the kind of scientific evidence that Zimbabwe is ignoring,” Poole says.

She says, like us, elephants are highly social animals — confine them and they get bored, depressed, aggressive and sick.

“Through the course of evolution, they have developed these really close social bonds. If you take that away from an elephant, you destroy it,” says Poole.

On average, elephants die much younger in captivity, are less fertile, and suffer more from ailments like arthritis.

“Some animals are suitable and may even prosper in captive situations and zoos, because their biological needs are met. As for elephants, the needs are so beyond the scale of any zoo I have seen, that none of them are appropriate or suitable as a destination,” says Keith Lindsay, an elephant biologist who has studied zoo conditions.

As scientists learn more about elephants, public attitudes and policy have begun to change. In the US, the Ringling Bros. and Barnum & Bailey circuses stopped using elephants in 2016 — a year before the company shut its doors for good.

Stuck in limbo

In June, President Emmerson Mnangagwa said the country needed to sell wild elephants to fund its conservation efforts.

Back in May, the government revealed it had made $2.7 million from the sale of 90 elephants to Dubai and China.

In recent years, Zimbabwe has found ready buyers in China for their live elephant trade, but the ZNSPCA says the details of those deals and the conditions of the confined animals have been deliberately obscured.

Chikadaya says when he first inspected the elephants, in Hwange, slated for export back in 2018, inspectors were told by park officials that the elephants would be moved within a month, but they were kept in a boma for nearly a year.

In October, word got out that officials were preparing to ship the elephants, and the ZNSPCA team rushed back to Hwange. After the seven-hour drive, they were forcibly barred from the boma, despite their legal mandate to inspect captive animals. Zimpark officials say that they didn’t have the right paperwork, but their inspectors are, in fact, free to inspect whenever they want.

The ZNSPCA says that the following morning the elephants were crammed into crates and spirited out of the park as their inspection team slept.

“It all should be transparent,” says Chikadaya. “We should know that our animals are being translocated. And we need to know what benefit it has for conservation.”

Zimparks did eventually release basic information on where the elephants went and what they bought with the money — their spokesman says there is no issue of transparency, adding they bought everything from vehicles to uniforms with the proceeds.

A vast park without resources

With about a third of Zimbabweans surviving on food aid during the lean season, many would view the fate of about 30 elephants the equivalent of “first world problems.”

Ultimately, Hwange is expected to pay for itself. They do that with tourist dollars and, says Farawo, by selling elephants.

“We believe that elephants must pay for their upkeep. They must also pay for their protection,” he says, adding that Hwange has elephants to spare, with somewhere between 45,000 to 53,000 in the park — far more than the park’s environment can sustain.

Patrick Sibanda, a veteran ranger of the park, says each year the rains are coming later and later.

He says that around 200 elephants have died from thirst and hunger since October alone.

An elephant carcass in Hwange. A severe drought that has drained water sources in Zimbabwe's largest national park, resulting in a number of elephant deaths.

An elephant carcass in Hwange. A severe drought that has drained water sources in Zimbabwe’s largest national park, resulting in a number of elephant deaths.

“It’s very bad. So many elephants have died this year,” says Sibanda, as he walks towards a carcass near a water hole.

“This young elephant came to drink, but I think it was exhausted,” he says. The elephant injured itself at the water trough, he says, and a pride of lions attacked it. On the other side of a dirt track, another elephant carcass lies under an acacia tree

The drought is one of the main arguments put forward for selling elephants to China by Zimparks. They say they need money to repair artificial water holes to save elephants.

“There is no water, there is no habitat, there is climate change. These things are real,” says Farawo

Biologists like Poole say they should instead gradually reduce elephant numbers by reducing the water points, not unnaturally prop up the numbers. But she concedes that there aren’t any easy options for Zimbabwe.

The end of the trade

In the next few days, Zimbabwe will no longer be allowed to sell its elephant to China or anywhere else where African elephants don’t naturally exist.

The decision was taken at a Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) meeting in Geneva earlier this year, backed by a coalition of African nations and the European Union. Members of the international treaty governing the international sale of animal products approved the ban.

The move was lauded by conservation activists, but slammed in Zimbabwe, where they say they will lose a key revenue stream. Zimparks says they will abide by the treaty for now, but Zimbabwe’s President has already hinted in state media that they could withdraw from the agreement. Activists, meanwhile, worry that the sales will just move underground.

After the elephants left for China in October, there were rumors that several were left behind, too big to fit in the crates after the extended confinement.

Zimparks flatly denied that any were left in the boma.

But after winning a court battle, the ZNSPCA gained access just a few days ago. They found two emaciated young elephants struggling inside the translocation compound.

Chikadaya understands that the parks desperately need funds but says there has to be another way. He says the lack of transparency from the government and the trauma faced by the elephants, both here in Zimbabwe and thousands of miles away in zoos across the world, just can’t be worth it.

“Our wildlife belongs to Zimbabweans. It doesn’t belong to one person; it doesn’t belong to an organization. It belongs to our ancestors. It belongs to our children, to our parents, to our grandchildren,” he says.

S. Africa’s Pepkor to close loss-making Zimbabwe business – The Zimbabwean

AFP (archive) | File photo taken Sept. 7, 2018 of Zimbabwe’s President Emmerson Mnangagwa in Harare.

Severe shortages of foreign currency, fuel and electricity have sent inflation soaring to its highest since 2008, and dashed hopes the economy might recover under President Emmerson Mnangagwa, who took over from Robert Mugabe in 2017.

“The decision to exit Zimbabwe was based on the continued adverse macroeconomic conditions affecting trading and the weakening currency,” Pepkor’s statement said.

Its Zimbabwe business made a loss of 70 million rand ($4.8 million), including the full impairment of the disposal of the group’s assets, it added.

Overall, Pepkor, 71% owned by scandal-hit retailer Steinhoff International, said its profits grew by 14.5% in the year to Sept. 30.

Headline earnings per share, the main profit measure in South Africa that strips out certain one-off items, stood at 96.8 cents, verses 84.5 cents a year earlier. Revenues from continuing operations grew by 9% to 69.6 billion rand.

Pepkor flagged earlier in November that it would need to take a 1.2 billion rand charge related to its building materials unit that has struggled in a tough market.

Leon Lorens, Pepkor’s CEO, said the company was satisfied with its performance given the difficult retail environment in South Africa.

Consumer finances have been constrained amid stagnant growth, rising living costs and unemployment that stands at nearly 30%.

“We see many opportunities for market share expansion,” Lorens said, adding the company was also focused on cutting costs. ($1 = 14.7075 rand) (Reporting by Emma Rumney; editing by Richard Pullin)

Young elephants were taken from their mothers in Zimbabwe. Now they’re in cages in China
Opening a perspective

Post published in: Business

Could Victoria Falls dry up? – The Zimbabwean

26.11.2019 7:10

The effects of severe drought and climate change are having an impact on one of the world’s great natural wonders, Victoria Falls.

Elisha Moyo, Principal Climate Change Researcher at Zimbabwe’s Ministry of Environment, Climate and Tourism, tells Hardtalk’s Stephen Sackur that the average flow over the falls in 2019 is down by almost 50%

Mr Moyo said: “The low falls are becoming more frequent…

“Who knows maybe one year there will be no falls completely, no water.”

You can see Hardtalk on the Road in Zimbabwe on Monday 25 and Tuesday 26 November on BBC World News and the BBC News Channel and after on BBCiPlayer (UK only).

Young elephants were taken from their mothers in Zimbabwe. Now they’re in cages in China

Post published in: Featured

Zimbabwe govt brutalization of citizenry sets bad example in campaign against domestic and gender-based violence – The Zimbabwean

Furthermore, according to proven scientific studies, we all learn from what we see those in authority doing, rather than what they tell us.

The exact same basic principles apply to a nation.

The values of a country’s citizenry are predominantly shaped by the standards set by those in power. This fact can never be denied. As much as we may argue that, as individuals, we should be able to distinguish between right and wrong, it is, nonetheless, an undeniable fact that the government’s actions – as leaders of the nation – play a very influential role in how society is shaped.

As Zimbabwe joins the rest of the world in commemorating 16 Days of Activism against Gender-based Violence (between 25 November and 10 December), we can never dissociate the increase in cases of domestic and gender-based violence to our own government’s growing propensity for brutal repression against the citizenry.

What are the people of Zimbabwe learning from these brazen acts of heinous repression – notably, last week’s unwarranted bashing of mostly bystanders outside the opposition Movement for Democratic Change (MDC) party headquarters, and the upsurge of reported cases of arrests and intimidation of labour rights activists, as well as never forgetting the heartless cold-blooded gunning down of scores of anti-government rioters on 1 August 2018 and January 2019 – characterized by numerous allegations of sexual abuses of innocent women shortly after the latter – and, the alleged abductions of both opposition and labour activists (with human rights organizations reporting over 50 cases).

The fact that all these savage acts were committed within a space of only one year, is enough to send shivers up anyone’s spine – no matter how hard-hearted they may be. In fact, they would most probably make Nazi leader Adolf Hitler appear like a mere amateur!

When a country has authorities – who are undeniably influential opinion leaders – who would not hesitate to mete out violence whenever confronted with dissent, what example is that supposed to convey to the community?

What are the ordinary people – especially, the more impressionable younger generations – meant to learn from the government on how to handle those who may not agree with them or those who may have wronged them?

What has the government taught the nation on how to react to those who may disobey instructions?

What our nation’s ‘leaders’ are effectively teaching us – by way of their barbaric medieval atrocious tactics – is that when your spouse criticises you for your irresponsible and wayward ways, the best way to deal with the situation is to beat the daylights out of them!

Similarly, if our children do something we do not approve of, then as parents, we have the right to deliver untold suffering and pain upon them!

Is it then any wonder that there has also been a reported upward surge of violence, especially murders, within our communities – characterized by spouses or partners killing their supposed ‘loved ones’, wild machete-wielding hooligans who are butchering innocent people, children killing their parents over alleged ‘bewitching’ claims, or fathers and mothers fatally assaulting their disobedient offspring, and so many more?

Of course, it would be gravely irresponsible and disingenuous to place the blame for all the incidences of violence – especially domestic and gender-based – squarely  on government’s activities, but as previously mentioned, no one can seriously deny the immense role and influence played by our ‘leaders’ in directing the moral, social, and cultural fibre of this nation.

As a matter of fact, Zimbabwean schools teach our children – from a very young age – that the country’s authorities are examples of ‘good’ leadership to be emulated! We even have child councillors, child Members of Parliament, and child president – all of whom are inculcated to regard their seniors in our government as role-models.

Considering what our children witness on a daily basis – through unparalleled human rights abuses – what are they bound to emulate?

What are our ‘leaders’ showing our children, when most news items emanating from the country are images of the police beating up unarmed people who are not even posing a serious threat (but, in fact running away) – with elderly women having their legs broken, or skulls crashed?

Why do we then get surprised when today’s youth have absolutely no respect for their elders? We then rush to blame so-called Western culture, yet these problems emanate right here in this country.

When rape is used as a form of punishment on those who are considered voices of dissent – as widely reported earlier this year immediately after the January fuel increase riots – what signal is being sent to the nation? Why would we then be shocked with the ever-rising cases of sadistic incidents of sexual abuse?

More violence, more domestic violence, and more gender-based violence are what we can expect as a nation – as long is these bestial activities by those in authority are not stopped!

Surely, is that the direction that this government wants to take our country? Are these the principles those in authority want our children to follow and grown up with?

Mantras and slogans do not amount to anything if those in power do not set the right example of where we want to go as a country. It is pointless making all sorts of noises, even standing on hilltops, clamouring for an immediate end to violence – especially, domestic and gender-based – when the most influential people in the nation are busy signalling the very opposite.

It is high time that all of us who claim to stand for social justice and human rights – especially, gender rights activists – not shy away from tackling all root causes of this scourge bedevilling our society. Central to this should be fearlessly holding our ‘leaders’  accountable for their role in festering this menace.

As long as we are selective in our approach to this issue – whilst treating others as sacred cows who should not be touched – then we are all on a wild goose chase, and wasting our time in these efforts to tackle domestic and gender-based violence. The only sacred cows in this equation are the victims and survivors – who deserve all our support and protection – otherwise, all perpetrators and instigators have to be held accountable. Then, and only then, can we ever dream of eradicating this vice?

  • Tendai Ruben Mbofana is a social justice activist, writer, author, and speaker. Please feel free to WhatsApp/call: +263733399640, or +263715667700, or calls only: +263782283975, or email: [email protected]
Tolls to be charged from 1 December on road linking Beira, in Mozambique, to Zimbabwe
International Day for the Elimination of Violence Against Women

Post published in: Featured

International Day for the Elimination of Violence Against Women – The Zimbabwean

Since 1981, the 25th of November has been commemorated as the Day for the Elimination of Violence Against Women. The day was specifically chosen in remembrance of the three activists Maribal sisters who were ordered to be killed by the Dominican Republic’s ruler in 1960.  Their crime? Being female and being activists.  The 25th of November also marks the beginning of 16 days of activism against gender-based violence where different organisations and individuals around the world join hands for 16 days to spread awareness of and help put an end to gender-based violence.

Generation Equality Against Rape

This year, United Nations Women has chosen the theme “Orange the World: Generation Equality Stands Against Rape”. The theme will run for two years.  Rape is commonly described as an act of sexual intercourse with an individual without his or her consent through force or threat of force.  Throughout the world, rape is known to be a very pervasive crime yet one of the most unreported.  With grave social, mental and sometimes physical effects to the survivor, there is no doubt why UN Women has decided to focus on rape.  It is one of the most heinous crimes of our time.

One rape per hour

In its first quarter’s report, Zimstat recorded that there were 636 reported rape cases in January and about 625 in February. The numbers follow similar patterns as the months go by.  A breakdown of these figures shows that on average there were about 21.4 rape cases per day.  This translates to roughly one reported rape per hour.  The Zimbabwe Gender Commission revealed that at least twenty two (22) women are raped daily in Zimbabwe, one woman is abused every 75 minutes and an average of 646 women are being sexually-abused monthly and one in three girls is raped or sexually assaulted before they reach the age of 18. Unfortunately, this is not the full story.  These are just the reported cases.  According to a United Nations survey done worldwide, up to 90% of women do not report rape.  Overall, the United Nations claims that at least 1 in 3 women in the world has experienced sexual violence be it by an intimate partner, a stranger or a relative.  Home is not a safe space for women anymore, let us seek to change that.

According to the Criminal Law Code of Zimbabwe, forced sexual intercourse or sexual intercourse with a minor is rape.  Rape is not only a crime in domestic law in international law [the Convention on the Elimination of All Forms of Discrimination Against Women, the Protocol on Human and People’s Rights on the Rights of Women in Africa ( Maputo Protocol), the African Charter.  Zimbabwe is a party of all the above-mentioned conventions and as such has committed itself to the protection of women, children and any other vulnerable groups against the crime of rape.

Call to End Rape

To call upon the government and not call upon men to work towards ending violence against women would be a half-hearted effort.  Women themselves play an important role in society in the way they bring up their sons, and in their community and other leadership roles.  It is the duty of all Zimbabweans, the government and all men and women to do more to ensure that violence against women is ended.  People both young and old, rich or poor are encouraged to have conversations about ending violence against women.  Influential institutions such as Churches are further called upon to encourage women to report violence and seek assistance from the various organisations in place that help women especially those who have been subjected to rape. 

As the 16 days of activism Against Gender-Based Violence begins, let us remember to all play our parts.  One rape is a rape too many.  We encourage the Zimbabwe Republic Police to be humane towards women reporting rape and create an environment where reporting does not become a second trauma.  We also call upon the Ministry of Women Affairs, Community, Small and Medium Enterprises to raise awareness on the rights of women through promoting the Domestic Violence Act in Zimbabwe and giving it teeth.  Rape does not just affect one woman, it effects our whole society.  Let us make the UN Women’s statement on this day a reality:  “We are generation equality and we will end rape”.

Visit Veritas Women’s Rights website:  www.veritaswomen.net

Veritas makes every effort to ensure reliable information, but cannot take legal responsibility for information supplied.

Zimbabwe govt brutalization of citizenry sets bad example in campaign against domestic and gender-based violence
SA worried about Zimbabwe – Zimbabwe Vigil Diary

Post published in: Featured

The Best Reason For A Law School Professor Not To Come Back To School — See Also

Findings from the 12th Annual Law Department Operations Survey

Findings from the 12th Annual Law Department Operations Survey

The 2019 LDO Survey reveals how law departments are leveraging legal operations, including insights on: Artificial Intelligence ,Technology, Effectiveness, Legal Project Management, and more.
Join us on December 11th at 1pm ET to learn more!

The 2019 LDO Survey reveals how law departments are leveraging legal operations, including insights on: Artificial Intelligence ,Technology, Effectiveness, Legal Project Management, and more.
Join us on December 11th at 1pm ET to learn more!