Legal News for Mon 12/2 - Trump's Latest Bozo Pick, Biden’s pardon of Hunter, SCOTUS to Review Vape Denials, JPMorgan and Tesla’s Settlement

Minimum Competence

This Day in Legal History: John Brown Hanged

On December 2, 1859, John Brown, a fervent abolitionist, was executed by hanging after being convicted of treason, murder, and inciting an insurrection. Brown's actions culminated in the October 1859 raid on the federal armory at Harper's Ferry, Virginia (now West Virginia), where he and his small band of followers aimed to spark a widespread slave uprising. The raid ultimately failed, with local militia and federal troops, led by then-Colonel Robert E. Lee, quelling the assault. Brown and several of his men were captured, while others were killed in the attack or shortly thereafter.

At his trial, Brown delivered a defiant and eloquent speech, asserting his moral righteousness and condemning the institution of slavery. He proclaimed that he acted on divine principles to aid the oppressed, famously stating, “If it is deemed necessary that I should forfeit my life for the furtherance of the ends of justice... I submit; so let it be done.” These words cemented Brown's place as a martyr in the eyes of abolitionists and a villain to many in the pro-slavery South.

Brown’s execution deepened the sectional divide in the United States. His death was celebrated in much of the South as justice served but mourned in the North as the loss of a man willing to sacrifice everything for the cause of ending slavery. The incident inflamed tensions, contributing to the accelerating march toward the Civil War. To many, John Brown remains a complex figure—part radical, part visionary, whose unwavering commitment to justice continues to spark debate about the means and ends of social change.

President Joe Biden issued a full pardon for his son Hunter Biden, reversing his previous stance against using executive power in the case. The pardon covers all offenses committed by Hunter between 2014 and 2024, including gun and tax charges for which he was recently convicted. Biden justified the decision, calling the charges politically motivated attacks by his opponents aimed at undermining him and his family. Hunter, in his statement, expressed gratitude and vowed to use his second chance to help others struggling with addiction.

The timing of the pardon, just weeks before Biden’s departure from office, drew sharp criticism from Republicans, who have long accused Hunter Biden of unethical business practices and leveraging his father’s influence. GOP lawmakers, including Representative James Comer, denounced the move as an attempt to shield the Biden family from accountability, despite a lack of evidence connecting President Biden to any misconduct.

Former President Donald Trump criticized the pardon on social media, framing it as part of a broader misuse of the justice system, a claim his team frequently makes about their own legal battles. Hunter Biden’s legal team confirmed they have filed to dismiss pending cases in multiple courts based on the pardon. The decision reignited debate over executive clemency and its role in politically charged cases, highlighting the partisan tensions surrounding both Hunter and President Biden.

Biden Pardons Son Hunter in Reversal With Weeks Left in Term (2)

The U.S. Supreme Court will hear arguments regarding the FDA's denial of flavored e-cigarette products, focusing on whether the agency followed proper legal procedures under the Administrative Procedure Act. The FDA rejected applications from Triton Distribution and Vapetasia, among others, citing health risks to youth, as flavors like “pink lemonade” and “Suicide Bunny Mother’s Milk and Cookies” were seen as appealing to minors. The FDA's review process requires e-cigarette makers to demonstrate that their products benefit public health more than they pose risks, a standard critics argue is stringent.

The 5th U.S. Circuit Court of Appeals ruled earlier this year that the FDA's decision was "arbitrary and capricious," as it failed to consider measures proposed by the companies to restrict underage use. This ruling conflicts with decisions from seven other federal appellate courts that upheld the FDA’s actions, prompting the agency’s Supreme Court appeal.

The FDA has authorized only 34 flavored e-cigarette products, all tobacco or menthol flavored, while rejecting over a million others due to concerns about youth usage. The agency found that flavored e-cigarettes are the most popular tobacco product among teens, with flavor cited as a key motivator. The Supreme Court, with its conservative majority, has increasingly limited federal regulatory authority, making this case a critical test of the FDA’s powers under the Tobacco Control Act.

US Supreme Court to scrutinize FDA denial of flavored vape products | Reuters

JPMorgan Chase and Tesla have agreed to settle their long-running legal dispute over stock warrants, dropping their claims against each other. The lawsuit, filed by JPMorgan in 2021, sought $162.2 million, alleging that Tesla breached a 2014 agreement related to the warrants. These financial instruments allowed JPMorgan to buy Tesla shares at a set price and date, but the bank argued that Elon Musk’s 2018 tweet about potentially taking Tesla private at $420 per share significantly affected the stock’s value and required repricing of the warrants.

Tesla countersued in 2023, accusing JPMorgan of exploiting the repricing to seek an undue financial advantage. Despite the acrimony, the companies resolved their differences in a Manhattan court filing, and settlement terms were not disclosed. JPMorgan described the outcome as a positive resolution and indicated plans to develop a new commercial relationship with Tesla.

Musk’s controversial 2018 tweet, which led to market volatility, also prompted regulatory scrutiny, including a deal with the SEC requiring pre-approval for certain of his tweets. The settlement ends years of legal battles and clears the way for the two firms to move forward collaboratively.

JPMorgan agrees to drop lawsuit against Tesla over stock warrants | Reuters

Donald Trump's decision to nominate Kash Patel as FBI director has sparked bipartisan criticism and raised concerns over Patel’s qualifications and polarizing rhetoric. A staunch Trump loyalist, Patel has frequently attacked the FBI, labeling it a core part of the so-called “deep state,” and has vowed to shut down its Washington, D.C., headquarters, calling for it to be repurposed as a “museum of the deep state.” His nomination, dependent on the removal of current FBI director Christopher Wray, faces strong opposition in the Senate, even among some Republicans.

Senator Mike Rounds (R-SD) praised Wray’s leadership and hinted at resistance to Patel's confirmation, emphasizing the Senate’s constitutional role in vetting nominees. Other Republicans, like Senators Ted Cruz and Bill Hagerty, support Patel, citing his commitment to dismantling perceived FBI corruption. However, Democrats and some moderates view Patel’s nomination as a politicized attack on the agency. Representative Jamie Raskin (D-MD) challenged claims of FBI partisanship under President Biden, pointing to high-profile prosecutions of Democratic politicians as evidence of impartiality.

Critics are alarmed by Patel’s inflammatory statements, including threats to use federal power against perceived political enemies and his accusations against individuals like Biden’s national security adviser, Jake Sullivan. Patel’s loyalty to Trump, coupled with his lack of traditional law enforcement experience, has further fueled concerns about his fitness to lead the nation’s premier investigative agency.

Patel’s nomination is part of a series of controversial picks by Trump for his potential administration, including appointing convicted felon Charles Kushner as ambassador to France and other contentious figures to key roles. These decisions highlight Trump’s intent to reshape federal agencies according to his political vision, drawing sharp criticism from opponents and skepticism even from within his party.

Conspiracy theorist Kash Patel, Trump’s pick to lead FBI, faces Senate blowback | FBI | The Guardian

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