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News@Law, 05/10/2017

News@Law is a selection of the day's news clips regarding Harvard Law School.
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Today's News

Bloomberg
Comey’s Firing Is a Crisis of American Rule of Law
An op-ed by Noah Feldman. It’s not a constitutional crisis. Technically, President Donald Trump was within his constitutional rights Tuesday when he fired FBI Director James Comey. The Federal Bureau of Investigation is part of the executive branch, not an independent agency. But the firing did violate a powerful unwritten norm: that the director serves a 10-year, nonrenewable term and is fired only for good cause. Only one director has ever been removed from office involuntarily: President Bill Clinton fired Director William Sessions in 1993 after an internal report found that he had committed significant ethics violations. There is therefore reason to be deeply concerned about Comey’s firing, which has the effect of politicizing law enforcement -- a risky precedent in a rule-of-law democracy.
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Politico
Is This a Constitutional Crisis?
As the news broke late this afternoon, the politicos of Washington stared into their smartphones, stunned, struggling with what to make of it. TV networks cut into their regularly scheduled programming. Chyrons promising “breaking news” actually delivered it: President Donald Trump had fired FBI Director James Comey...Cass Sunstein..."There are two ways to understand President Trump's firing of James Comey, and neither is unreasonable. The first is that in light of the multiple controversies that came to surround Comey, he was rightly fired. The FBI director needs to be widely trusted by the American people. Comey is not widely trusted. For the FBI, a fresh start is a good idea. The second is that Trump does not want an independent FBI director; he wants someone who is fully subservient to him.
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Bloomberg
Yates Testimony Leaves More Questions than Answers (audio)
Alex Whiting, professor at Harvard Law School, and William Banks, Director of the Institute for National Security and Counterterrorism at Syracuse University Law School, discuss former acting attorney general Sally Yates’ testimony before Congress, in which she detailed the timeline that lead up to former national security adviser Michael Flynn’s expulsion. They speak with Greg Stohr on Bloomberg Radio’s "Bloomberg Law."
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The Harvard Crimson
Graduate Students To Hold First-Ever Black Commencement
Students across the University will hold the first-ever commencement ceremony for black students on May 23 in an effort to bring black students across schools together and acknowledge challenges that students of color may face at Harvard...Kristin A. Turner [`17], president of the Harvard Black Law Students Association, said the event looks to help black students “claim our visibility” at the University, an institution that has historically been majority white. “We chose Black Commencement as not only a commemoration of all the different dynamics that go into being a person of color at Harvard University, but also a celebration of what an accomplishment it is to not only come out on the other side,” Turner said.
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WBUR
Judge Gertner: Aaron Hernandez; Trump’s Judicial Nominees; Text Messages
An interview with Nancy Gertner. A Massachusetts judge has vacated the first-degree murder conviction of former New England Patriots player Aaron Hernandez. He was convicted in the 2013 murder of Odin Lloyd. Hernandez was found hanged in his prison cell last month. His death was ruled a suicide, which led to today's news that Superior Court Judge Susan Garsh has overturned Hernandez's conviction.
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Bloomberg
Free Speech Can Get Awkward, a Small Town Discovers
An op-ed by Noah Feldman. Pity the poor residents of Belle Plaine, Minnesota. They’re about to get a veterans memorial with Satanic symbols in their public park -- and it’s their own fault. They allowed a Christian memorial earlier this year, opening the park to all memorials in order to avoid violating the constitutional prohibition against establishment of religion. Now they have to allow the Satanic memorial as a matter of free speech. Whipsawed between two different clauses of the First Amendment, they probably don’t know what hit them. To understand what’s happening in Belle Plaine -- and why it makes legal sense, if no other kind -- you need to start with the complex, judge-made rules about what happens when religion and free speech interact.
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