Mike Fox

Another excellent piece by my colleague @foxmike90.bsky.social on the institutional incentives prosecutors have to engage in de facto witness bribery, thus trashing anything resembling "justice under law."

www.counterpunch.org/2025/08/01/t...

Did the WSJ wink? Its advice that people shouldn't be allowed to mask up on the street "while terrorizing others and flouting the law" might have more than one meaning.

If missed, from me: a piece in the Wall Street Journal proposes that masked toughs should not be going in disguise on the street "while terrorizing others and flouting the law." The authors mean violent protesters, but did the paper by accident or otherwise include another layer of meaning?

Portion of Wikipedia text on NYC June 24 Democratic mayoral primary, with photos of Zohran Mamdani, Andrew Cuomo, and Brad Lander, and vote totals of the first round and the runoff eliminating Lander.

Save the date! On Wed. Aug. 6 at 3 pm Eastern, I'll be hosting a Cato webinar on the lessons New York City's primary holds for ranked choice voting and election reform, joined by three terrific panelists from across the political spectrum. Watch for registration details to come! #RCV

Thanks, Wally. I think nearly quadrupled my follower count on here.

Opinion | The Fourth Amendment is on life support — and we’re all paying the price White House “border czar” Tom Homan said the quiet part out loud on ICE detentions — and we should all take it as a warning.

From my colleague @foxmike90.bsky.social: As a former public defender, I know the Supreme Court lets immigration agents indiscriminately detain people based on physical appearance. But it was still a jolt to see White House “border czar” Tom Homan say it right out loud.

Opinion | The Fourth Amendment is on life support — and we’re all paying the price White House “border czar” Tom Homan said the quiet part out loud on ICE detentions — and we should all take it as a warning.

The framers would undoubtedly be appalled by Homan’s approach and dismayed to see self-proclaimed “originalists” embrace such flagrantly unconstitutional conduct in their name.

www.msnbc.com/opinion/msnb...

The Court cuts court orders down to size In the birthright citizenship case, the Supreme Court was in a hurry to abolish the universal injunction. It should have considered taking an off ramp for now instead.

“Even in less dangerous times, the Court would have done better to avoid today's ruling. But the present moment — in which the Trump administration has launched a full-court press of deliberate lawbreaking... — is the worst time for it.” My comment on today's universal injunctions case.

Cato Legal Expert Discusses SCOTUS Decision in Hewitt v. United States

Opinion by Justice Jackson "is in line with congressional intent and will bring much needed relief to those serving draconian sentences." Cato colleague @foxmike90.bsky.social comments on Supreme Court decision in Hewitt v. U.S.

Beyond the Finish Line: The Grand Teton Trail & the Grand Disconnect As a former public defender, I know better than to confess to a crime. But recently, I found myself in a situation that perfectly illustrates just how easily an ordinary person can stumble into legal ...

As a former public defender, I know better than to confess to a crime. But recently, I found myself in a situation that perfectly illustrates just how easily an ordinary person can stumble into legal trouble, even with the best intentions.

www.cato.org/blog/beyond-...

A runner was prosecuted for unapproved trail use after the referring agency called it 'overcriminalization' The case against Michelino Sunseri exemplifies the injustice caused by the proliferation of regulatory crimes—the target of a recent presidential order.

reason.com/2025/06/06/a...

BRETT TOLMAN: Mountain runner facing prison for using trail bureaucrats secretly deemed off-limits Record-setting runner Michelino Sunseri faces prosecution for trail use in Grand Tetons National Park, revealing concerns about overcriminalization and unchecked government power

www.foxnews.com/opinion/bret...

I wrote about this absurd case a few months back and have been involved ever since. Here are some updated pieces highlighting recent developments.

When the President Bit: From the Shark House to the White House Injustice will always prevail if we’re not willing to fight for what we know to be right. In public interest law, you learn to brace for losses and to cherish the wins.

www.cato.org/blog/when-pr...

Injustice will always prevail if we’re not willing to fight for what we know to be right. In public interest law, you learn to brace for losses and to cherish the wins.

Kilmar Abrego Garcia, newly returned to US, appears in court on charges of trafficking migrants Kilmar Abrego Garcia appeared in a Tennessee courtroom Friday, hours after he was brought back to the U.S. to face charges of transporting undocumented migrants.

It just so happens that they could bring him back, despite telling the judge they couldn’t. Good. It’s about time.

When doing good becomes a crime - Washington Examiner This case underscores the importance of the robust enforcement of defendant-protecting doctrines.

When good intentions are met with an iron fist, the public loses faith in our criminal justice system.

www.washingtonexaminer.com/restoring-am...

Keeping Cops Accountable: Supreme Court Issues Decision in Barnes v. Felix For far too long, the idea that state actors who violate our rights should be held accountable has f...

fedsoc.org/commentary/f...

Last week, the Supreme Court issued a unanimous decision governing the framework by which judges and juries assess the reasonableness of police use of force.

Thing is I just don’t have the bandwidth and without much of a following, it’s simply not worth the effort.

Appreciate that! I really don’t use Bluesky though. So I’m a very boring follow, lol.

She’s my dog! What’s are the chances?

t.co/GIXqm57bZM

Important piece on President Trump’s EO on combatting “criminalization by regulation.”

But also, what a cute dog.

I invite self-professed originalists to explain why criminal jurors should be kept in the dark regarding their historic injustice preventing role. I'd like to know why they're okay with a system where the more you know about the true prerogatives of a jury, the less likely you are to get on.

Mike Fox: Let’s empower jurors to halt an injustice A juror in a federal drug trail did not know he didn’t have to vote to convict, regardless of how strong the government’s case was.

www.chicagotribune.com/2025/05/14/o...

Though citizen jury trials are the best our system has to offer, they’re only as effective as the information jurors receive.

When a woman recorded an arrest he was executing "Kirk attempted to grab her phone, threw her face-first on the ground, pressed his knee into her neck, threatened to punch her, & pepper-sprayed her twice in the face, [then radioed in] a misleading account of the incident, stating he was in a fight."

A violent cop’s plea deal could undermine justice in Los Angeles Essayli’s proposed plea deal is deeply troubling.

www.ocregister.com/2025/05/12/a...

Judges play a vital role in policing the plea bargaining regime. Typically, this involves rejecting pleas that appear unduly coercive. But other times, it involves rejecting pleas doled out to favored defendants (cops) that circumvent a jury's verdict.

Trump's Cruel Assault on Legal Immigration Most of the media coverage and public debate over Trump's new immigration policies focus on his efforts to ramp up mass deportation of undocumented

I’m not opposed to letting in white South Africans. Let them come! I’m opposed to Trump’s blocking refugee admission (and most other legal migration paths) for virtually all others. Idea that white SAs are world’s most persecuted group is absurd:
reason.com/volokh/2025/...

Orwellian Justice: The Trial Penalty Under Fire Citizen jury trials are the norm that the Founders contemplated and the standard that the Constitution commands. If enough judges do their due diligence by monitoring the fairness of plea bargains, th...

www.cato.org/blog/orwelli...

Senior U.S. District Judge John Kane quipped that describing a guilty plea that way was something “only George Orwell would do” and reasoned that applying this reduction would violate his judicial oath.

Additionally if anyone knows how to recover funds from these scams, specifically bit coin, which I know absolutely nothing about, please reach out.

My best friend got one of these calls a few months ago. He's an attorney and quickly caught on—tipped off by the fact that the scammers were impersonating the local sheriff's department claiming to be enforcing federal bench warrants. So he asked which judge issued the warrant.

They request that you send money to clear the warrant and threaten that anyone you speak with—including an attorney—could become an accomplice.

U.S. Marshals Warn of Scammers Using Fake Arrest Warrants and Payment via Prepaid Cards | U.S. Marshals Service Charlotte, NC - The U.S. Marshals Service (USMS) Western District of North Carolina is alerting the public of an imposter scam involving individuals claiming to

www.usmarshals.gov/news/press-r...

Someone I know and consider very intelligent fell victim to this scam today and is out $9k. The scammer have your personal data—including your drivers' license number—and claim that you have a warrant out for your arrest for missing federal jury service.

Federal Judge: President Trump Can’t Unilaterally Rewrite Election Law As summarized by Judge Kollar-Kotelly, “the States have initial authority to regulate elections. Congress has supervisory authority over those regulations. The President does not feature at all.”

"The president does not have unilateral authority to shape election policy. This should have been obvious to the president." Former Maricopa County recorder and new Cato adjunct (hurray!) Stephen Richer on Judge Kollar-Kotelly's order blocking a key portion of Trump’s EO on election administration.