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District of Columbia Gov & Administrative Law Questions & Answers
Q: Can the federal government ever have the power to put age restrictions on candidates? Without enacting a new amendment!

Is it constitutional to put age restrictions on candidates and can it work at the federal level through supreme court or legislative branch? Obviously this means as of today and not in the future if we enact a new amendment restricting age which is unlikely but just want to point that out.

James L. Arrasmith
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answered on Mar 17, 2024

The U.S. Constitution clearly outlines the age requirements for candidates running for federal offices: Representatives must be at least 25 years old, Senators at least 30, and Presidents at least 35. These age limits are established by the Constitution itself, and any change to these requirements... View More

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2 Answers | Asked in Contracts, Gov & Administrative Law and International Law for District of Columbia on
Q: What can be done in order to regain control of my money?

I have stock dividends, interest payments on bonds and other funds in special non-resident bank accounts, known as Type C, now frozen due to Russian counter-sanctions against Western investors and bankers. What can be done in order to regain control of my money and return part of it to the USA?

Richard Sternberg
Richard Sternberg
answered on Mar 2, 2023

I’ve been asked a number of times about getting investment money out of Russia without violating US and EU sanctions and avoiding Russian monetary limitations enacted in response to the sanctions. Indeed, the topic appeared in a recent article in Bloomberg, but, handled correctly, this topic has... View More

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2 Answers | Asked in Contracts, Gov & Administrative Law and International Law for District of Columbia on
Q: What can be done in order to regain control of my money?

I have stock dividends, interest payments on bonds and other funds in special non-resident bank accounts, known as Type C, now frozen due to Russian counter-sanctions against Western investors and bankers. What can be done in order to regain control of my money and return part of it to the USA?

James L. Arrasmith
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answered on Mar 4, 2023

If your bank accounts have been frozen due to Russian counter-sanctions, it may be difficult to regain control of your money. You should consult with a legal professional who specializes in international finance and sanctions to explore your options.

One possible option could be to seek a...
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Q: I need an attorney who is willing to work pro bono, take on several gov. Agencies.

I have been collecting evidence. Very solid case. We will win. Much money attached.

James L. Arrasmith
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answered on May 15, 2024

I understand you are seeking a pro bono attorney in California to assist with a case against government agencies. However, I want to provide some important information and caveats:

- Most attorneys, even those who take on some pro bono cases, are selective about the cases they take on for...
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1 Answer | Asked in Constitutional Law and Gov & Administrative Law for District of Columbia on
Q: Does the January 6th attacks count as obstruction of congress?

The attacks delayed them certifying the election due to the fact people stormed through the building. Would that be enough to be considered obstruction? Keep in mind they stole a laptop in an office of the speaker and papers when they were in the chamber.

James L. Arrasmith
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answered on May 1, 2024

The January 6th attacks did indeed disrupt Congress's session to certify the 2020 Presidential election results, which raises the question of whether these actions could be classified as obstruction of Congress. The legal definition of obstruction of Congress generally involves acts that... View More

2 Answers | Asked in Constitutional Law and Gov & Administrative Law for District of Columbia on
Q: Is their anyway supreme court justices could be held by stricter standards without them (supreme court) deciding it?

Is their a way the supreme court could be held too stricter standards without them getting involved in the process?

James L. Arrasmith
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answered on Apr 16, 2024

Yes, there are a few ways that stricter standards could potentially be applied to Supreme Court justices without direct involvement from the Supreme Court itself:

1. Constitutional amendment: The Constitution could theoretically be amended to impose term limits, ethics rules, or other...
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Q: When Justice Alito stated “ roe was egregious from the start” in his opinion in Hobbs can that be seen as premeditated?

Can him writing that infer a premeditated opinion that calls for ethical questions of why he didn’t recuse himself from the case. Making it clear you never agreed with Roe v Wade and call it “egregious”. Also he voted to hear the 3rd case with new justices despite the stare decises and no new... View More

James L. Arrasmith
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answered on Apr 16, 2024

You raise an interesting question about whether Justice Alito's statement in the Dobbs opinion could be seen as evidence of a premeditated intention to overturn Roe v. Wade. A few key points to consider:

From a legal ethics perspective, prior disagreement with a precedent is not in...
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1 Answer | Asked in Constitutional Law and Gov & Administrative Law for District of Columbia on
Q: Can the District of Columbia be a state? Is it constitutional? Or are their to many ambiguities to determine?
James L. Arrasmith
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answered on Mar 17, 2024

The question of whether the District of Columbia can become a state involves complex considerations under the U.S. Constitution. The Constitution grants Congress exclusive jurisdiction over the district in a manner not applicable to states. For D.C. to achieve statehood, this would require changes... View More

1 Answer | Asked in Gov & Administrative Law for District of Columbia on
Q: IF DEFENDANT DOES NOT FILE AN ANSWER/APPEARANCE IN A FEDERAL SUIT AFTER 30DAYS, CAN PLAINTIFF FILE FOR RULING/STATUE?

WHAT IS THE FEDERAL RULES AND PROCEDURE ON FILING FOR RULING ON DEFENDANTS FAILING TO RESPOND?

Mark Oakley
Mark Oakley
answered on Sep 12, 2021

Rule 55 Motion for Default for failure to plead or answer the complaint after proper service of process. Be aware that you may succeed in having default judgment entered on issues of liability, but damages will still have to be proven. Furthermore, defaults for failure to timey file a respnsive... View More

1 Answer | Asked in Gov & Administrative Law, Libel & Slander and Personal Injury for District of Columbia on
Q: What state jurisdiction does revenge porn fall in if posted about American Citizen but in Mexico.

I had a fling for a couple of months in Mexico. I am an American living in DC and he is a Canadian. We fooled around and filmed it, I don't have a copy of the video. I noticed he posted it on his Only Fans without my explicit consent. He did crop my face out of the video and blur out both my... View More

Mark Oakley
Mark Oakley
answered on Apr 17, 2021

The video appears to have been consensually made, so in most jurisdiction the mere creation of the video would not be a crime. You would need to ask a lawyer in Mexico whether that country prohibits the making of sexually explicit videos when both parties consent. Otherwise, it would not be... View More

1 Answer | Asked in Gov & Administrative Law for District of Columbia on
Q: Does an "employee" in the code of federal regulations refer to active duty components (military, PHS, NOAA)?
Matthew T. Famiglietti
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Matthew T. Famiglietti
answered on Dec 21, 2020

Your question is not entirely clear, but a member of the military is a federal employee. Individuals who work for NOAA are federal employees as well. PHS helps aid federal agencies as the FDA and the CDC

1 Answer | Asked in Gov & Administrative Law for District of Columbia on
Q: As a citizen can you petition to have someone tried for treason?
Mark Oakley
Mark Oakley
answered on Dec 14, 2019

No. Treason is aiding and abetting another state actor to carry out war against his country of citizenship. It is narrowly defined, and only the US government can bring charges try someone for treason against the US.

1 Answer | Asked in Appeals / Appellate Law and Gov & Administrative Law for District of Columbia on
Q: Is there guidance on relying on citing caselaw that is current but that is now on appeal?
Tim Akpinar
Tim Akpinar
answered on Nov 8, 2019

I cite such cases and denote that they are on appeal. Opposing counsel is likely to know the disposition of any of the cases you contemplate using anyway; take that as a given. It's best to be forthright. Not mentioning a case's status as being on appeal is not likely to fool anyone, and... View More

1 Answer | Asked in Gov & Administrative Law and Libel & Slander for District of Columbia on
Q: What recourse do I have for being slander by my employer to congressional staffers/ hearing?

I work for a federal agency; a senior representative attended a meeting of enquiry on the Hill about an incident within the agency- at the location I direct/ oversee. The representatives did not have facts; instead, they blamed me for the negative outcome of the external investigation. I was asked... View More

Andrellos Mitchell
Andrellos Mitchell
answered on May 7, 2019

It definitely sounds like you need to hire a lawyer before you respond on writing or in person. Everything going forward will be shaped by your employer and the narrative he/she wants to create. You need to carefully counter that narrative. It is best to have someone speak on your behalf when... View More

1 Answer | Asked in Gov & Administrative Law for District of Columbia on
Q: I'm trying to find the law which creates dllr police
Mark Oakley
Mark Oakley
answered on Oct 20, 2018

Are you referring to the Department of Labor, Licensing and Regulation? It’s an administrative agency, established by legislative enactment, and given authority to promulgate regulations to carry out its legislative mandate. Agency regulations appear in a separate repository than the statutory... View More

Q: Is it legal for our government to give billions of American taxpayers dollars to an illegally nuclear armed country.

Israel has hundreds of nuclear weapons and refuses to allow inspections of their facilities and has not signed The Treaty on the Non-Proliferation of Nuclear Weapons. Not to mention, this is a hostile nation that has attacked the US military killing hundreds of American service men with no... View More

Andrellos Mitchell
Andrellos Mitchell
answered on Aug 30, 2018

The U.S. Government has been giving Isreal Billions of dollars in foreign aid for many years and getting little in return...so apparently it is legal.

Q: Can US citizens file a civil suit against a former senior member of the U.S. Government for negligence?

If so, is their case law?

Peter N. Munsing
Peter N. Munsing
answered on Jan 3, 2018

Anyone can sue for anything but a case that 1) is for a generalized harm 2) for a non-specific injury (e.g. he acted to limit our 2nd amendment rights) 3)is tolled by the statute of limitations 4) where the Federal Tort Claims Act was not complied with 5)or that concerns discretionary duties will... View More

Q: Is it illegal for news corporations like NBC to distribute fake news? Is it illegal for the White House to distribute?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 15, 2017

It depends on the facts. See: https://www.fcc.gov/consumers/guides/broadcasting-false-information. Also the President cannot commit crimes, obviously. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You... View More

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