Legal News for Mon 11/25 - Trump Wants Cases Dropped, Google's Antitrust Trial, Chavez-DeRemer for DOL and RFK Jr. Tea Leaf Reading

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This Day in Legal History: President Johnson Impeachment Inquiry

On November 25, 1867, the U.S. Congress took a historic step by convening a commission to investigate the potential impeachment of President Andrew Johnson. Johnson, who assumed the presidency after Abraham Lincoln’s assassination, had clashed repeatedly with the Republican-controlled Congress over Reconstruction policies aimed at rebuilding the South and securing rights for freed slaves. His lenient approach toward former Confederate states and frequent vetoes of civil rights legislation had alienated many lawmakers. Tensions escalated further when Johnson violated the Tenure of Office Act by attempting to dismiss Secretary of War Edwin Stanton, a move seen as a direct challenge to Congressional authority.

The commission's work marked the first time Congress seriously considered removing a sitting president, reflecting deep divisions over how the nation should recover from the Civil War. The inquiry led to the drafting of articles of impeachment, ultimately culminating in Johnson's trial in the Senate in 1868. Johnson narrowly avoided removal from office, surviving by a single vote. The case set important precedents for the balance of power between the executive and legislative branches and highlighted the political weaponization of impeachment during times of national discord.

Johnson's impeachment inquiry remains a pivotal moment in U.S. legal history, offering insights into the challenges of governing during a period of profound societal transformation.

Donald Trump’s legal situation is entering unprecedented territory following his victory in the November 5 presidential election. A Manhattan judge has indefinitely delayed sentencing in the hush money case, where Trump was convicted in May of 34 felony counts for falsifying business records. Prosecutors and defense attorneys both acknowledged the complications of continuing the case as Trump prepares to begin his second term. His lawyers argue the case impairs his ability to govern, calling for its dismissal, while prosecutors agree he should have time to present written motions.

The case, centered on hush money paid to Stormy Daniels before the 2016 election, marks the first criminal conviction of a U.S. president. Trump pleaded not guilty and has consistently framed the prosecution as politically motivated. His sentencing had been scheduled for next week, but no new date has been set.

Adding to the complexity, Trump’s re-election raises logistical and political challenges for sentencing or pursuing a prison term. Legal experts had earlier predicted financial penalties or probation were more likely, but these options now seem even less practical. Meanwhile, Trump faces ongoing state and federal cases, including in Georgia and over classified documents, though his presidency gives him limited ability to halt state prosecutions.

This combination of legal peril and political power creates a situation without historical parallel, underlining the extraordinary circumstances surrounding Trump’s return to the White House.

Trump may seek dismissal of hush money case, sentencing delayed | Reuters

The U.S. Department of Justice is making its closing arguments in the antitrust trial against Google, alleging the tech giant unlawfully monopolized online advertising technology. Prosecutors argue Google dominated markets for publisher ad servers, advertiser networks, and ad exchanges, stifling competition. The trial, which began in September, included testimony from publishers who said they felt locked into Google’s ecosystem due to its unparalleled reach and influence over advertising demand.

Google counters that the government is misinterpreting antitrust laws, focusing on older business practices, and penalizing the company for innovations that shaped the ad tech market. A ruling against Google could force it to sell key assets, such as Google Ad Manager, which integrates its publisher ad server and ad exchange.

This case is part of broader scrutiny, including a separate ruling that Google holds an illegal monopoly in online search. While the advertising case is seen as a lesser financial risk compared to search-related claims, its outcome could reshape the company’s ad tech dominance. Google has already proposed selling its ad exchange to appease European regulators, though the offer was deemed inadequate by publishers.

Google's US antitrust trial over online ad empire draws to a close | Reuters

Donald Trump has nominated Republican Rep. Lori Chavez-DeRemer of Oregon to serve as Secretary of Labor in his upcoming administration. Chavez-DeRemer, a one-term congresswoman and former mayor of Happy Valley, Oregon, would lead the Department of Labor (DOL) in a significant policy shift from the Biden administration’s worker-focused enforcement strategies to a more business-oriented approach. If confirmed, she is expected to roll back Biden-era labor regulations, including expanded overtime pay eligibility and stricter rules on gig worker classification.

Chavez-DeRemer has a complex political record, blending pro-labor and pro-business stances. Notably, she supported the PRO Act, a union-backed bill opposed by many Republicans and businesses for proposing stricter penalties for labor law violations and federalizing California’s strict “ABC” test for classifying workers. This stance earned her the endorsement of Teamsters President Sean O’Brien but has also sparked criticism from business groups, raising questions about her alignment with Trump’s agenda. Some industry leaders, citing her support for the PRO Act, have signaled they may oppose her nomination.

Beyond labor law enforcement, Chavez-DeRemer would oversee the DOL as it addresses emerging issues such as artificial intelligence’s impact on workers. The Biden administration offered preliminary guidance on AI’s legal and ethical risks, but substantive regulation remains uncharted territory.

Her nomination reflects Trump’s intention to appeal to a broader coalition, including workers disillusioned by traditional Republican policies, but it risks alienating key business allies.

Trump Taps Rep. Lori Chavez-DeRemer to Head Labor Department (1)

Robert F. Kennedy Jr.’s nomination to lead the Department of Health and Human Services (HHS) in Donald Trump’s upcoming administration is generating excitement among mass tort lawyers, who view his consumer advocacy and skepticism of corporate power as a potential boon for their work. Kennedy, a former trial attorney with a background in environmental and personal injury cases, has long challenged the pharmaceutical industry and supported stricter regulations on food and drug safety. His confirmation could signal a shift in how HHS agencies, including the FDA and CDC, regulate products and interact with corporate interests.

Mass tort lawyers are optimistic that Kennedy’s leadership might weaken defenses used by drugmakers in lawsuits and prompt stricter oversight of harmful products. They also see an opportunity for him to address "regulatory capture," the influence of industry over federal agencies, by closing the revolving door between regulatory bodies and companies like Pfizer or Johnson & Johnson. However, Kennedy’s controversial stance on vaccines, including criticism of Gardasil and distrust of immunization programs, raises concerns about his potential policies.

Kennedy’s nomination reflects an unusual alignment of pro-consumer priorities with a Republican administration, complicating predictions about his influence. While some in the plaintiffs’ bar welcome his appointment, others note potential conflicts with traditional GOP positions that favor corporate interests. Trump’s own unpredictability adds uncertainty about how much leeway Kennedy will have to reshape health regulations. If confirmed, Kennedy would oversee more than 80,000 employees and could influence decisions on drug approvals, liability shields, and existing regulatory frameworks, possibly creating new pathways for litigation against corporate defendants.

RFK Jr. as Health Chief Excites Mass Tort Lawyers Eager to Sue

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