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Showing posts from October, 2020

Tamburino Talks Law: Could the government make the COVID-19 mandatory for the public

  Could the U.S. Government make taking the COVID-19 vaccination mandatory for the public? It's a question some are asking as we navigate this public health crisis. Here is my take in  Tamburino Talks Law

Tamburino Talks Law: Could President Trump Pardon himself?

  The issue of Pres. Trumps ability to pardon himself first came up in 2018 around impeachment. At the time, Pres. Trump asserted he had the right to pardon himself under the 25th amendment. Now the topic resurfacing in the media with observers debating whether a president can pardon themselves. It's a open legal question because it's never been test - no president has actually tried to pardon himself.  So, could President Trump pardon himself for any crimes that he may have committed? Listen to my take in Tamburino Talks Law or read the article below. There are no definitive legal answers to that question, but I truly believe that the U.S. Constitution does not allow a president to pardon himself.   Let’s look at a few points: the pardon power in the Constitution, a president’s constitutional obligation to faithfully execute laws, and the structure of our government.  The pardon power is found under Art. II, Sec. 2 of the Constitution and it clearly gives the president the po

Tamburino Talks Law: George Floyd case and how change of venue request will be determined

  All four defendants in the George Floyd murder case have asked the court for a change of venue due to negative media attention, and many people are wondering “what is venue” and what does it mean to change venue.  Listen here to my full analysis on  Tamburino Talks Law or see my article below. Here’s a quick explanation: Venue means where the crime allegedly happened is where the trial will be held.  For example, if a liquor store is robbed in Blaine, MN, the robbery trial will happen in Anoka County because Blaine is located in Anoka County.  A change of venue is where a court moves the trial from the original county to some other county because the defendant(s) are not likely to receive a fair trial in the original county due to negative pre-trial publicity.   Usually the defense will present evidence to the court such as media studies, polling, and affidavits supporting their contention that the potential jury pool in the original county is prejudiced against the defense because o

Tamburino Talks Law: George Floyd case pre-trial decisions and Minnesota precedent

  A Minnesota judge is about to make some key pre-trial decisions regarding the George Floyd case. One of those decision is if the defendants will have separate trials. Could clues to this decision come from another famous Minnesota case? The judge in the murder trial of Minneapolis Police Officer Jerry Hoff also had to determine if there would be separate trials.  We know conclusion that judge came to and also the general precedent in Minnesota courts. Listen to my fully analysis by clicking here   Tamburino Talks Law   or read my article below: The prosecution in the George Floyd murder cases, the Minnesota Attorney General’s Office (AG), has motioned the trial court to join all four defendants in one trial rather than allowing separate trials for each accused.  The defendants have objected to that motion and have argued that a joint trial would not be fair to each of them.  The judge has not yet ruled on the "joinder" motion, so this would be a good point to briefly explai

Tamburino Talks Law: George Floyd Case Developments Spotlight How Bail Works In Minnesota

 The former Minneapolis police officer charged with murder in the death of George Floyd posted bail and was released from state prison after being held for about four months. Court documents show, Derek Chauvin posted $1 million bond and was released. Chauvin is charged with second-degree murder, third-degree murder and manslaughter. The release of Chauvin raised questions about how the bail system works and why we may never know who posted the bail in this case. Here is my full take in Tamburino Talks Law: How Bail Works in Minnesota

Tamburino Talks Law: Supreme Court Nominee Hearings Call Out Precedent and Super Precedents. What Does it Mean?

  During the confirmation process of the U.S. Supreme Court nominee Judge Amy Coney Barrett, we heard a lot about what it means to establish legal precedent and even super precedent. So what exactly is precedent and what past decisions could this relate to? Precedent means a prior court decision is binding or persuasive on a court decision today.  I share my full take in Tamburino Talks Law understanding precedent.

Tamburino Talk Law: More legal ins and outs of public recordings - Security cameras, Sidewalks and more.

  Recently we discussed legal recordings and that was just the tip of the legal iceberg. We've had some additional questions around security cameras and public spaces and expectations of privacy under constitution and law. Here's my quick take on  Tamburino Talks Law
Bob Woodward's book RAGE is creating quite a stir with its compelling interviews and recordings documenting conversations with President Trump. It's common for journalists to record conversations and interviewees to consent for the documentation of the book as is the case for this book. However, the spotlight on these compelling recordings, brings up an interesting legal topic around recordings. If you've ever wanted to record a conversation, you should know what the law says because there are a lot of variables including what state you live in and how the interaction is being recorded. Here's my legal take on   Tamburino Talks Law .

Tamburino Talks Law: George Floyd legal case leads to questions about bail process in Minnesota

  The George Floyd legal case is being watched closely in Minnesota and around the world. Derek Chauvin, the ex-Minneapolis police officer charged in the death of George Floyd was released on bail yesterday setting off a flurry of questions about how the bail process works in Minnesota and at the federal level. And, why we may never know who posted Chauvin's bail. Here's my legal take on Tamburino Talks Law