Legal News for Tues 1/21 - Trump Creates DOGE and Immediately gets Sued, Biden Pardons and James McHenry as Acting AG


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Jan 21 2025 5 mins   3

This Day in Legal History: King Louis XVI Executed

On January 21, 1793, King Louis XVI of France was executed by guillotine in Paris after being convicted of treason during the French Revolution. His trial was conducted by the National Convention, a revolutionary body tasked with dismantling the monarchy and establishing a republic. Accused of conspiring against the French people and aiding foreign powers to suppress the revolution, Louis faced mounting evidence, including secret correspondence discovered in the Tuileries Palace.

The Convention voted on his fate, and the verdict was close: 387 deputies supported his execution, while 334 opposed or suggested alternatives, such as imprisonment or exile. This slim margin highlighted deep divisions within the revolutionary government. On January 20, Louis was sentenced to death without delay. The following day, he was brought to the Place de la Révolution (now Place de la Concorde), where a large crowd gathered to witness the historic event.

Before his execution, Louis attempted to speak to the crowd but was drowned out by drum rolls. Moments later, the guillotine fell, marking the end of his reign and symbolizing the revolutionary shift in France from monarchy to republic. His death intensified political upheaval, leading to the radicalization of the revolution and the Reign of Terror. It also caused shockwaves across Europe, as monarchs in neighboring countries viewed the event as a direct threat to their own thrones.

The trial and execution of Louis XVI remain pivotal moments in legal history. They demonstrated the rise of the concept of sovereign accountability—placing a king on trial as a common citizen, judged by a revolutionary tribunal. This marked a turning point in the relationship between rulers and their subjects, challenging the divine right of kings and setting a precedent for constitutional governance.

U.S. President Donald Trump announced the creation of the Department of Government Efficiency (DOGE), an advisory group intended to propose significant cuts to the federal government, including eliminating agencies and reducing federal jobs by 75%. Co-led by Tesla CEO Elon Musk and former presidential candidate Vivek Ramaswamy, the group has no formal power to implement its proposals. Legal challenges emerged immediately after the announcement, with groups like National Security Counselors and Citizens for Responsibility and Ethics in Washington arguing the initiative violates federal advisory committee regulations.

Critics question DOGE’s legal status and operational transparency, with additional lawsuits filed by unions and public health organizations. Meanwhile, Ramaswamy appears to be stepping away from the initiative to pursue a gubernatorial campaign in Ohio. Advisory groups aimed at government efficiency have a mixed history; a similar effort under President Ronald Reagan produced limited results. Observers remain skeptical of DOGE’s potential impact, given its vague structure and controversial proposals.

Trump creates "DOGE" advisory group, attracting instant lawsuits | Reuters

In his final hours as president, Joe Biden issued a series of preemptive pardons, including for family members and critics of incoming President Donald Trump. The pardons protected prominent figures such as Gen. Mark Milley, Dr. Anthony Fauci, and members of Congress involved in the January 6 investigation. Biden also pardoned his siblings and their spouses, citing a desire to shield them from potential politically motivated retaliation by Trump. The move, unprecedented in scope, aimed to prevent the reputational and financial damage of investigations Biden described as baseless and partisan.

Biden’s decision was influenced by Trump’s public threats to target his adversaries upon taking office. Critics, including Trump’s allies, condemned the pardons as an abuse of executive power, while recipients like Milley and Fauci expressed gratitude for the protection. Biden emphasized that the pardons did not imply guilt but were a safeguard against potential retribution.

Some legal experts questioned the effectiveness of the pardons, noting they only apply to federal criminal charges and could make recipients more vulnerable to testimony demands in other proceedings. Biden acknowledged the controversial nature of the decision but deemed it necessary under what he called "exceptional circumstances." The pardons have sparked debate over their implications for future presidential clemency.

Biden issues preemptive pardons for Trump critics and Biden family members | CNN Politics

James McHenry, a long-time immigration attorney with the U.S. Justice Department, has been appointed as acting attorney general while awaiting Senate confirmation of President Donald Trump's nominee, Pam Bondi. McHenry will oversee the department during the early days of Trump's administration, handling legal challenges and defending the president's agenda. Previously, McHenry led a Justice Department unit focusing on immigration during Trump's first term.

Additionally, Emil Bove, formerly Trump's defense attorney, has been named acting deputy attorney general. The White House also appointed Brian Driscoll as acting FBI director following the retirement of the FBI's deputy director, Paul Abbate. Driscoll previously led the FBI's Newark office. The Senate will hold a hearing on Bondi's nomination for attorney general on Wednesday but has not yet scheduled hearings for Kash Patel, Trump’s nominee for FBI director.

Immigration attorney James McHenry to temporarily lead Justice Dept, official says | Reuters



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