According to The Washington Post, "The chairman of the Republican-led House Oversight Committee is investigating two D.C.-based activist groups over hosting what he called 'jury nullification training sessions,' claiming that their instructions given to potential jurors were an illegal attempt to subvert federal prosecutors."

The committee chair in question, Rep. James Comer (R–Ky.), has set his sights on the groups known as Free DC and Harriet's Wildest Dreams because they, in Comer's words, believe "that potential jurors should not make decisions impartially based on applying the law as instructed to the facts presented before them in the case, but based on their subjective, personal beliefs and activist agendas."

I hate to break it to Comer, but many prominent members of America's Founding generation would have agreed with those D.C. activists.

The debate over jury nullification asks whether there is a proper place in our legal system for a jury to acquit, not because of any lack of evidence of a defendant's guilt, but because the jury believes the underlying law that was supposedly broken, or the prosecutor's particular enforcement of that law, to be unconstitutional.

In 1791, the influential Founding Father James Wilson, who was a signer of both the Declaration of Independence and the U.S. Constitution, delivered a widely discussed lecture on law at the College of Philadelphia. "Whoever would be obliged to obey a constitutional law, is justified in refusing to obey an unconstitutional act of the legislature," Wilson said. "When a question, even of this delicate nature, occurs, every one who is called to act, has a right to judge." Needless to say, jurors are among those "called to act" in this very manner. Jurors therefore have their own "right to judge" the constitutionality of the law (and prosecution) before them.

Thomas Jefferson made a similar point in a 1789 letter to Thomas Paine. "The trial by jury," Jefferson wrote, is "the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution." How else may a jury hold the government accountable to the principles of the Constitution than by judging for itself the constitutionality of the government's actions, including the actions of the police and prosecution?

According to Comer, the job of a juror is mechanically "applying the law as instructed to the facts presented before them in the case."

But that's not what Founding Fathers such as Wilson and Jefferson thought. They argued that the job of the juror was to apply the text of the Constitution to the actions of the government and to acquit the defendant if either the law or its enforcement came up short. As Alexis de Tocqueville put it in his great book, Democracy in America, the jury "places the real direction of society in the hands of the governed, or a portion of the governed, and not in that of the government."

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In Other Legal News

The U.S. Supreme Court heard oral arguments this week in two cases that are worth keeping track of.

• On Tuesday, the justices weighed the matter of Beaird v. United States, which asks how much judicial deference is owed to the U.S. Sentencing Commission's commentary on the federal sentencing guidelines when a judge is applying those guidelines during a federal criminal defendant's sentencing. You can read this newsletter's past coverage of that case here.
• On Wednesday, the justices took on the matter of Salazar v. Paramount Global, which asks whether the website 247Sports violated the Video Privacy Protection Act of 1988 when it shared a user's private information, including what videos he watched, with Facebook. Past Injustice System coverage of that case is available here.

The post Jury Nullification Is Not a Crime appeared first on Reason Magazine.

Thanks to a 2005 DUI conviction in Pennsylvania, Edward Williams permanently lost the constitutional right to keep and bear arms. But he did not realize that until a decade later, and his confusion on that point is understandable.

The federal law that stripped Williams of his Second Amendment rights is commonly described as applying to "felons," and Williams' offense was a misdemeanor. But although his sentence did not include any time behind bars, his crime theoretically could have sent him to prison for up to five years. That was enough to trigger 18 USC 922(g)(1), which covers anyone convicted of "a crime punishable by imprisonment for a term exceeding one year."

When a lawyer alerted Williams to that wrinkle, which made his continued ownership of firearms a federal felony, he got rid of his guns. But he did not think that requirement was fair, reasonable, or constitutional, and this week a federal appeals court agreed. The U.S. Court of Appeals for the 3rd Circuit recognized a historical tradition of disarming "physically dangerous individuals" whose possession of firearms would pose a threat to public safety. But it said Williams plainly does not fit into that category.

"The federal government spent nearly a decade trying to permanently disarm a peaceable man over a nonviolent misdemeanor—and it lost bigly," says Brandon Combs, president of the Firearms Policy Coalition, which supported Williams' lawsuit. "The government does not get to turn a nonviolent conviction into a lifetime ban on exercising a constitutionally protected right."

The 3rd Circuit's en banc decision in Williams v. Attorney General affirms a 2023 ruling by a federal judge who likewise concluded that disarming Williams was unconstitutional. It elaborates on the logic of Range v. Attorney General, a 2023 decision that restored the gun rights of a Pennsylvania man who had been convicted of food stamp fraud. In both cases, the 3rd Circuit held that applying Section 922(g)(1) to the plaintiffs was not "consistent with this Nation's historical tradition of firearm regulation"—the Second Amendment test established by the Supreme Court's 2022 decision in New York State Rifle & Pistol Association v. Bruen.

Writing for the majority in Williams' case, 3rd Circuit Judge Paul Matey acknowledges that the Supreme Court has described "longstanding prohibitions on the possession of firearms by felons" as "presumptively lawful." But "those longstanding customs restricted the violently dangerous (within which some felons would be included), not felons writ large," he says. "Felons were restricted because they posed a physical danger, rather than for their offense of conviction."

Matey argues that "focusing on physical dangerousness corrects the erroneous argument" that "only law-abiding and responsible citizens can exercise the rights protected by the Second Amendment"—a claim that the Supreme Court rejected in the 2024 case United States v. Rahimi. "We find no history that supports disarming irresponsible people, where 'responsible' is defined by the whim of the sovereign or the will of the majority," he says, alluding to the danger of allowing legislators to whittle away at the Second Amendment by criminalizing an ever-widening range of conduct.

Matey emphasizes "the novelty of forever restricting all felons from possessing firearms for lawful purposes." The original restriction, which Congress approved in 1938 as part of the Federal Firearms Act, applied only to violent crimes such as murder, manslaughter, rape, kidnapping, robbery, and assault with a deadly weapon. In 1961, Congress expanded the ban to cover nonviolent crimes punishable by more than a year in prison.

Williams' 2005 DUI conviction qualified for two reasons. He had a prior DUI conviction, stemming from a 2000 arrest in State College. And when he was arrested again in Philadelphia four years later, his blood alcohol concentration was a whopping 0.223 percent. That made his second offense a first-degree misdemeanor, which carries a maximum prison sentence of five years.

Since then, Williams has stayed out of trouble. "He has done nothing violent, let alone dangerous, for over twenty years, and has held steady employment at the same job for over three decades," Matey notes. Williams drinks only occasionally, and a psychological evaluation found he "has a normal personality, without psychopathology and without addiction or violent tendencies."

The Justice Department nevertheless argued that Williams' continuing disarmament is consistent with the Bruen test, which requires historical analogs that are "relevantly similar" in motivation and scope. In making that case, the government relied mainly on early laws aimed at "habitual drunkards"—the same analogy that the Supreme Court unanimously rejected last June in United States v. Hemani, which involved the federal ban on gun possession by "unlawful" drug users.

Although the Justice Department "acknowledges it may proscribe Williams's possession of firearms only if he 'presently poses a physical danger if armed,'" Matey says, it "offers no evidence to establish this as the aim of the habitual drunkard laws." Those laws, the Supreme Court noted in Hemani, "did not seek to protect the public from violence so much as to protect habitual drunkards from themselves and their families from financial devastation."

Nor did the habitual drunkard laws permanently disarm people, as Section 922(g)(1) does. "Most statutes capped the commitment of habitual drunkards to the state inebriate asylum, prison, or hard labor to a few months or years," Matey notes. "Others provided for an indefinite period of incarceration, but had no indication that upon release individuals continued to forfeit their arms. Rather, once someone was 'safe' to 'go at large,' they were restored to the status of a full rights-bearing citizen."

Contrary to the considerations that the Supreme Court deemed relevant in Hemani, Matey says, the Justice Department "fails to show that Williams threatens to 'misuse[] a gun while intoxicated,' or that he 'poses a danger to himself or others as a result' of
alcohol abuse. In fact, much like those nineteenth-century drunkards released from custody and restored their rights, the record shows that Williams poses no present physical danger from the use of a firearm, or anything else."

The 3rd Circuit is one of three federal appeals courts that have allowed people with nonviolent felony records to argue that Section 922(g)(1) is unconstitutional as applied to them. But such challenges have been blocked in six circuits, notwithstanding compelling historical evidence that the law reaches much farther than the Second Amendment allows. So far, the Supreme Court has declined to accept any of the many petitions asking it to resolve that circuit split.

The post The 3rd Circuit Upholds the Gun Rights of a Man Who Committed a Nonviolent Misdemeanor 2 Decades Ago appeared first on Reason Magazine.

When a president starts with a predetermined policy and then goes looking for a statutory pretext to justify it, he is building on shaky ground. President Donald Trump illustrated that point once again in July, when he announced a third round of broad tariffs after his first two attempts ran into legal trouble.

Shortly after taking office in 2025, Trump claimed to have discovered a previously unnoticed delegation of extensive tariff authority in the International Emergency Economic Powers Act (IEEPA), a 1977 law that does not mention import taxes and had never been used to impose them. That claim was rejected by every court that considered it.

Last February, the Supreme Court ruled that IEEPA does not authorize tariffs at all. But Trump had a backup plan: Hours after that decision, he announced another sweeping set of tariffs, this time relying on Section 122 of the Trade Act of 1974.

That provision allows tariffs in response to "fundamental international payments problems" caused by "serious United States balance-of-payments deficits." In May, the U.S. Court of International Trade (CIT) ruled that the new tariffs were illegal because Trump had failed to "identify balance-of-payments deficits within the meaning of Section 122."

Although that decision was stayed pending appeal, Trump's Section 122 tariffs, which were subject to a 150-day statutory limit, expired on July 24. Trump then switched to Plan C, invoking Section 301 of the Trade Act, which authorizes tariffs in response to a foreign "act, policy, or practice" that is "unreasonable or discriminatory" and "burdens or restricts" U.S. commerce.

Trump's Section 301 tariffs supposedly targeted countries that had failed to "impose and effectively enforce a prohibition on the importation of goods produced with forced labor." The alleged offenders included 86 economies that accounted for nearly all U.S. imports.

In separate complaints, the Liberty Justice Center (LJC) and the law firm Akin Gump, which had played leading roles in challenging Trump's prior tariffs, immediately asked the CIT to block the new import taxes. By and large, they noted, the government had failed to explain how the targeted countries had fallen short, how their alleged failures burdened U.S. commerce, or why the new tariffs could be expected to ameliorate the problem they were supposed to address.

The LJC argued that the forced-labor issue was "simply a pretext" for reinstating Trump's "invalidated global tariff regime." It added that Trump's reading of Section 301, like his interpretation of IEEPA, would violate the "major questions" doctrine, which requires clear congressional authorization for policies of "vast economic and political significance."

This was Trump's "third attempt" to "impose essentially the same set of sweeping global tariffs," Akin Gump's lawyers wrote. "The third time's not the charm."

The post Trump Keeps Coming Up With Legally Dubious Tariff Justifications appeared first on Reason Magazine.

Shehadeh Abu Alqian stole rifle from soldier he later passed to Mujahideen Brigades, which abducted Shiri Bibas and her two young sons on October 7, 2023; they were murdered in captivity

A federal court imposed a 14-day restraining order over allegations that the administration misused public funds for political advertising ahead of midterm elections.

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A federal judge in New York has blocked the Trump administration from entering into, renewing or expanding contracts for a controversial advertising campaign, freezing $20 million in funding allocated through the Department of Homeland Security (DHS) amid allegations that public money was being used for partisan political messaging.

RELATED: Trump Demands Leadership Change in Ukraine Amid Zelensky Rift

U.S. District Judge Jennifer Rochon of the Southern District of New York issued a 14-day temporary restraining order on Sunday, citing the risk of “irreparable harm” before publishing her full legal reasoning. The ruling came just over three weeks before the midterm elections.

The lawsuit was filed by a coalition of civic organizations, including the nonpartisan group Common Cause, represented by the legal firm Democracy Forward. The plaintiffs argued that the campaign violated federal restrictions on using funds appropriated by Congress for partisan advertising or propaganda.

“There is no legal justification or precedent for the president to use the machinery of government and public funds to influence election results,” the plaintiffs said in a statement following the ruling.

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The advertisements, which began airing in late September, feature footage from Donald Trump’s previous presidential campaign, excerpts from speeches warning of the threat of communism and references to recent military operations, including U.S. military action against Iran and the abduction of Venezuelan President Nicolás Maduro.

The Justice Department argued late Saturday that the court order was unnecessary because the advertising campaign was scheduled to end on Sunday. The judge nevertheless imposed the restrictions.

The White House has defended the spending, describing the advertisements as “public service and educational messages” and rejecting allegations that they constitute electoral propaganda. Trump has maintained that the campaign promotes the United States rather than himself, noting that he is not a candidate in the midterm elections.

The president has also offered to cover the cost with personal funds or money from his political campaign if authorities determine that the expenditure was improper. Government officials, however, have said there are no immediate plans for reimbursement.

The controversy has drawn criticism across party lines. Republican Senate Majority Leader John Thune has questioned the use of taxpayer money to finance the advertisements, while the Democratic National Committee has filed separate lawsuits against the administration over the same issue.