Senate Secrecy: Can the Votes of Senators on President Trump’s Impeachment be Withheld from the Voting Public?

VIKRAM DAVID AMAR, JASON MAZZONE

Illinois law dean Vikram David Amar and professor Jason Mazzone evaluate the suggestion made by some that the votes of senators on President Trump’s impeachment can and should be private. Amar and Mazzone argue that while the text of the Constitution alone does not foreclose secrecy, structural, prudential, and logistical considerations strongly disfavor a secret vote on the matter.

Read More

Williams v. First Advantage Background Services Corp.

Docket: 17-11447

Opinion Date: January 9, 2020

Judge: Julie Carnes

Areas of Law: Consumer Law

Defendant appealed the district court's denial of its motion for judgment as a matter of law, or in the alternative, motion for a new trial or remittitur. In this Fair Credit Reporting Act (FCRA), the Eleventh Circuit affirmed the district court's denial of defendant's motion for judgment as a matter of law to the extent it challenged the reputational harm claim and the willfulness claim. However, the court vacated the jury's punitive damages award and remanded the case to the district court to enter a judgment awarding plaintiff $1 million in punitive damages. The court held that, although punitive damages were properly awarded, a $3.3 million dollar award was unconstitutionally excessive.

United States v. Santos

Docket: 18-14529

Opinion Date: January 9, 2020

Judge: Hull

Areas of Law: Criminal Law, Immigration Law

The Eleventh Circuit affirmed defendant's convictions for procuring naturalization unlawfully, in violation of 18 U.S.C. 1425(a), and misuse of evidence of an unlawfully issued certificate of naturalization, in violation of 18 U.S.C. 1423. The court held that the annotated Form N-400 was (1) admissible non-hearsay as an adopted admission of a party-opponent under Federal Rule of Evidence 801, and, (2) alternatively, was properly admitted under the public record hearsay exception in Federal Rule of Evidence 803. Furthermore, the officer's red marks in the annotated Form N-400 Application was not testimonial and did not violate the Confrontation Clause. The court also held that the district court did not abuse its discretion by admitting defendant's post-Miranda statement, and the evidence was sufficient to sustain defendant's conviction as to Count 1.

United States v. Brown

Docket: 17-15470

Opinion Date: January 9, 2020

Judge: Rosenbaum

Areas of Law: Criminal Law

The Eleventh Circuit affirmed the district court's dismissal of a juror after the juror stated that the Holy Spirit had "told" him to return a certain verdict irrespective of what the evidence showed. The court found no abuse of discretion in the district court's decision to question Juror 13. The court held that the district court did not clearly err when it found that Juror 13 was not capable of returning a verdict based on the evidence adduced at trial, and the district court did not abuse its discretion in dismissing Juror 13 after finding that he was not capable of reaching a verdict based on the evidence. The court also held that Rule 606(b) of the Federal Rules of Evidence did not apply to the court's inquiry into Juror 13's statement. The court rejected defendant's claim that the district court violated the Religious Freedom Restoration Act, the First Amendment, and the Sixth Amendment by excusing Juror 13. Finally, the court held that the district court did not plainly err in issuing the forfeiture order.