Episodios

  • The End of "Red Flag" Prosecutions
    Oct 31 2024

    Send us a text

    In United States v. Campbell, Ron Chapman argues before the 6th Circuit Court of Appeals against the "deliberate ignorance" jury instruction used in the case of Dr. Campbell, a Louisville physician acquitted of improper prescriptions. The government's attempt to claim willful blindness raises important issues regarding justice and medical practice regulations.

    Más Menos
    16 m
  • Clear and Present Danger? Trump and Biden Convictions Spell a Danger to our Constitution
    Jun 13 2024

    Send us a text

    Donald Trump is now a convicted felon, Hunter Biden is now a convicted felon. If we think this wasn't political, think again. This begs the question, how far is too far when vague statutes are used to wage political warfare with jail as a consequence? Ron takes you into executive expansion, agency power, vagueness in criminal statutes and the several cases up this term before the Supreme court that will determine if the Supreme Court has elected to protect our constitution or destroy it.

    Quote: "As this term progresses and you start to see the Supreme Court strike down the overly broad interpretation of Sarbanes Oxly 800 January 6th defendants will have their convictions impacted..."

    Check out Ron's Book Discussing Executive Overreach: https://ronaldwchapman.com/book

    Contact Ron Here: httys://ronaldwchapman.com




    Más Menos
    40 m
  • "A Decision for the Ages" United States v. Trump Oral Argument
    Apr 26 2024

    Send us a text

    BONUS EPISODE United States v. Trump oral argument.

    Website: https://ronaldwchapman.com
    Book: https://ronaldwchapman.com/book

    The Supreme Court heard oral argument in United States v. Trump. In this bonus episode I recap some of the oral argument as well as a prediction for the outcome of the case.

    In August 2023, Donald Trump was indicted for allegations that he conspired to overturn the 2020 election. He filed a motion to dismiss the indictment arguing presidential immunity for his official acts.

    The D.C. Circuit disagreed causing Trump to file in the Supreme Court.

    On April 26, 2024 the Supreme Court heard oral argument in what justice Gorsuch would call "a decision for the ages".

    Más Menos
    17 m
  • SCOTUS Reverses Colorado High Court Decision 9-0
    Mar 4 2024

    Send us a text

    Website: https://ronaldwchapman.com
    Book: https://ronaldwchapman.com/book


    The Supreme Court, in a unanimous decision, reversed the Colorado Supreme Court's ruling which had ordered that Donald J. Trump be excluded from the 2024 presidential primary ballot based on Section 3 of the Fourteenth Amendment. The Court held that the responsibility for enforcing Section 3 against federal officeholders and candidates rests with Congress, not the States. Therefore, Colorado's action to disqualify Trump from the ballot was found to be beyond the state's authority. All nine Justices agreed with the outcome, emphasizing that only Congress has the power to enforce the disqualification provisions of Section 3.

    The Supreme Court's decision in Trump v. Anderson centered on the application and enforcement of Section 3 of the Fourteenth Amendment, which addresses the disqualification of individuals from holding office due to engagement in insurrection or rebellion against the United States. The case arose when a group of Colorado voters contended that Donald J. Trump, by his actions surrounding the January 6, 2021, Capitol breach, fell under this disqualification and thus could not be listed on the presidential primary ballot for the 2024 election. The Colorado Supreme Court had ordered the Colorado Secretary of State to exclude Trump from the ballot, interpreting Section 3 as applicable to him and within the state's authority to enforce.

    The U.S. Supreme Court unanimously reversed the Colorado Supreme Court's decision, holding that the enforcement of Section 3 against federal officeholders and candidates is a power vested in Congress, not the states. The Court reasoned that allowing individual states to enforce Section 3 would create a fragmented and inconsistent electoral landscape across the country, undermining the unity and direct relationship between the national government and the people, which the Framers deemed essential. Such a "patchwork" enforcement mechanism would disrupt the presidential election process, potentially nullifying the votes of millions and altering election outcomes based on disparate state actions.

    The Court underscored the historical context and intent behind the Fourteenth Amendment, emphasizing Congress's role in enforcing its provisions through legislation. It pointed to past instances where Congress exercised its power to enforce or relax Section 3's disqualifications, illustrating the established practice of federal, rather than state, enforcement. Moreover, the Court highlighted the absence of historical precedent for state enforcement of Section 3 against federal candidates, viewing this lack of precedent as indicative of the constitutional allocation of enforcement authority to Congress.

    The decision reaffirms the federal government's primacy in matters of constitutional enforcement related to the eligibility of individuals to hold federal office. It clarifies that while states have significant authority over their electoral processes, this authority does not extend to enforcing constitutional disqualifications for federal office, which is a matter reserved for Congress. This ruling has broad implications for the country, ensuring a uniform approach to enforcing the disqualifications outlined in Section 3 of the Fourteenth Amendment and preserving the integrity of the federal electoral process.

    In essence, the Court's ruling prevents states from independently determining the eligibility of candidates for federal office based on Section 3 disqualifications, reinforcing the centralized role of Congress in these matters and maintaining consistency across the nation's electoral system.

    Más Menos
    27 m
  • Trump Immunity Headed to Supreme Court: One Word in the Order Sheds Light on Decision
    Feb 29 2024

    Send us a text

    Ron Chapman is a federal criminal defense attorney who is admitted before the Supreme Court and breaks down the Supreme Court's decision to stay Trump's trial pending a decision on presidential immunity.

    February 28, 2024 the Supreme Court decided in a one page order to accept Donald Trump's request to stay his federal fraud case pending in the D.C. district court. The case was appealed from the trial court to the D.C. Circuit who decided that Trump shall not receive immunity for prosecution. The case was appealed by Trump to the Supreme Court and Justice Roberts sent the case to the entire court. 5 justices voted to grant the stay.

    During this episode Ron discusses the one page order and some clues in the order that tell us exactly how the Supreme Court is likely to decide the case.

    www.ronaldwchapman.com

    Más Menos
    25 m
  • Anatomy of an Opioid Trial, United States v. Hansen (2024)
    Feb 14 2024

    Send us a text

    A topic near and dear to Ron's heart, he discusses the federal structure surrounding the scheduling of drugs. He goes all the way back to the early 1900's to discuss the early cases against physicians walking the listener through the changes in the law prior to the Controlled Substances Act signed into law by Richard Nixon. Each era is punctuated with a specific decision of the United States Supreme Court.

    Ron moves on to discuss the Oregon Death With Dignity Act and a prominent Supreme Court case that tailored back DOJ authority to define the practice of medicine. Ron then walks the listener through the DOJ's end around by creating the CDC guidelines and its impact on pain patients.

    Finally, Ron spends the second half of the episode discussing the trial of Dr. Kendall Hansen a physician prosecuted in Covington Kentucky that Ron was personally involved in just a week prior to the date the episode aired.

    By the conclusion of the episode the listener will have a robust knowledge of the legal landscape surrounding opioids and the federal enforcement of drug laws against physicians.

    Más Menos
    1 h y 45 m
  • Battle On the Border: United States v. Texas and the Insurrection Act
    Jan 28 2024

    Send us a text

    Welcome to another episode of "De Novo," where we dissect and discuss the most pressing legal and constitutional issues of our time. I'm your host, Ron Chapman, an attorney specializing in constitutional law. Today, we're diving deep into a topic that has captured national attention and sparked heated debate across political and legal spectrums: the Texas border crisis and Governor Greg Abbott's controversial use of the Texas National Guard to enforce border security measures, directly challenging President Biden's directives.

    The crisis at the Texas border is not just a matter of immigration policy or border security; it's a complex legal battleground that tests the limits of state versus federal authority, the role of the military in domestic affairs, and the intricate balance of power enshrined in the United States Constitution. At the heart of this issue is Governor Abbott's decision to deploy the Texas National Guard to the border in response to what he and many others in Texas perceive as inadequate federal action to secure the border against illegal immigration and drug trafficking. This move has escalated tensions between the state of Texas and the Biden administration, particularly after the governor's refusal to comply with a presidential ultimatum to remove barbed wire and other physical barriers erected along the border.

    This episode aims to unpack the legal, constitutional, and practical implications of this standoff, focusing on the following key points:

    1. The Legal Framework and Relevant Laws:
      • The Posse Comitatus Act (PCA), which generally prohibits the use of the U.S. military in domestic law enforcement, but with notable exceptions and nuances, especially regarding the National Guard under state command.
      • Constitutional provisions related to the military and National Guard mobilization, including the distinction between state and federal authority over the National Guard (under Article I, Section 8, Clause 15 for Congress and Article II for the President).
      • The statutes outlining when the President can federalize the National Guard, pursuant to the National Defense Act and the Insurrection Act, which allow for federal mobilization of the National Guard in certain circumstances, including to suppress insurrection or to enforce federal law.
    2. State vs. Federal Authority:
      • Examination of the Tenth Amendment and the principle of federalism as it pertains to border security and immigration enforcement, areas traditionally seen as under federal purview.
      • Analysis of past instances where state and federal authorities have clashed over the use of the National Guard or military forces within U.S. borders.
    3. Implications for Civil Liberties and Governance:
      • The potential impacts of militarizing border security on the civil liberties of U.S. citizens and non-citizens alike.
      • The broader implications for governance, federalism, and the rule of law when states take unilateral action in areas typically managed by the federal government.

    As we navigate through these complex legal waters, it's crucial to understand not just the immediate effects of Governor Abbott's actions and the federal government's responses, but also the long-term implications for the balance of power in the United States. This episode seeks to provide a comprehensive overview of the legal landscape, offering insights into the constitutional debates at play and the potential paths forward for resolving this crisis.

    Join me, Ron Chapman, as we explore these issues in depth, seeking clarity and understanding in a situation that goes to the very heart of our constitutional republic.

    Más Menos
    56 m
  • Trump v. Anderson: Colorado Ballot, the Meaning of "Insurrection", and Due Process
    Jan 7 2024

    Send us a text

    Ronald W. Chapman II discusses the Colorado Supreme Court decision removing Donald Trump from the primary ballot. Prior SCOTUS cases discussing the meaning of "insurrection". Ron also discusses the progression of this Supreme Court case and some options for the Supreme Court and how to handle its most recent election shaping decision.

    Más Menos
    55 m