Congress, Courts, Politics, Society

“What’s in a Name?” Courts Could Face a Truly Shakespearean Question Over the “Trump-Kennedy Center”

 

 

“What’s in a name? That which we call a rose By any other name would smell as sweet.” That question posed by Juliet in Shakespeare’s Romeo and Juliet seems to now occupy much of Washington. Last night at a Christmas party with many media from Washington, the question was put to me more succinctly and repeatedly as “can they do that?” The “that” was the renaming of the Kennedy Center as the Trump-Kennedy Center. Soon courts may have to face this quintessentially Shakespearean question “for never was a story of more woe.” Continue reading ““What’s in a Name?” Courts Could Face a Truly Shakespearean Question Over the “Trump-Kennedy Center”” →

Courts, Criminal law, Lawyering

Milwaukee Judge Hannah Dugan Found Guilty of Obstruction

A jury in Milwaukee this week proved that it takes more than a robe to act like a judge. On Thursday, Judge Hannah Dugan was found guilty of the most serious count brought against her in a case that captivated many in the nation. Dugan famously told a fellow judge to wear her robe in the hallway to confront federal officers seeking to arrest a suspect.

Continue reading “Milwaukee Judge Hannah Dugan Found Guilty of Obstruction” →

Torts

“Smash, Smash, SUH-MASH!”: Court Axes Case of Kai the Hatchet-Wielding Hitchhiker

A district court in Delaware this week handed down McGillvary v. Grande, a case with some interesting tort elements — and a heck of an underlying story. Judge Jennifer Hall ruled against Caleb McGillvary (aka “Kai the Hatchet-Wielding Hitchhiker”) in his defamation claim against Todd Grande. McGillvary brought the action despite currently serving a 57-year sentence in a New Jersey state prison for first-degree murder. Continue reading ““Smash, Smash, SUH-MASH!”: Court Axes Case of Kai the Hatchet-Wielding Hitchhiker” →

International, Torts

China Sues Sen. Schmitt and Others For Defamation Over COVID-19 Lawsuit

Years ago, I called the pandemic arguably the greatest case of negligence in the history of torts. However, with millions dead and hundreds of billions expended, it was unlikely that China would ever be truly held accountable for its actions. Those failures include not only the alleged release of the virus from the Wuhan lab but also China’s concealment of the release until it had spread globally. A $24 billion judgment was secured in Missouri earlier this year, but China defied the verdict.

Now, it has countersued, naming former Missouri Attorney General and now Sen. Eric Schmitt, R-Mo., among others as defendants. Even by the standards of the Chinese legal system, this action is legally absurd. However, in the CCP-controlled court system, the verdict is little in doubt. Continue reading “China Sues Sen. Schmitt and Others For Defamation Over COVID-19 Lawsuit” →

Courts, Criminal law, Lawyering

Fellow Judge Delivers Blow to the Defense of Hannah Dugan

The trial of Milwaukee County Judge Hannah Dugan began this week. Yesterday, the defense was delivered a blow from the testimony of the judge, who Dugan enlisted to confront ICE officers seeking to arrest an illegal alien in the courthouse. Judge Kristela Cervera testified that she was pulled into the dispute by Dugan, who she said admitted that she was trying to help Eduardo Flores-Ruiz as he evaded officers. Continue reading “Fellow Judge Delivers Blow to the Defense of Hannah Dugan” →

Criminal law, Justice

“Damn … the Optics”: Newly Released Documents Show Officials Brushed Aside Concerns Over Mar-A-Lago Raid

The Trump Administration has released disturbing emails from the FBI and Justice Department leading up to the unprecedented raid on Mar-a-Lago.  Internal communications confirm that some were expressing doubts about both the basis for probable cause and the need for a raid within the departments. The newly disclosed material also shows how some in the Biden Administration appeared hellbent on carrying out the search even as agents objected that it might not be necessary. Continue reading ““Damn … the Optics”: Newly Released Documents Show Officials Brushed Aside Concerns Over Mar-A-Lago Raid” →

Media, Politics, Society

No, the “Appeal to Heaven” Flag is Not a “Christian Nationalist Flag”

During the ridiculous controversy over flags flying at the house of Justice Samuel Alito, the media and the left went into vapors over the inclusion of the “Free Pine” flag” or “Appeal to Heaven” flag — a flag with origins in the American Revolution. As I wrote at the time, this flag is neither racist nor extremist. Now, the controversy is back after a USA Today article by congressional reporter Zach Schermele, who wrote about how the “controversial Christian nationalist flag is hanging outside the D.C. office of a top Education Department official.” Continue reading “No, the “Appeal to Heaven” Flag is Not a “Christian Nationalist Flag”” →

Constitutional Law, Free Speech, Media

Jennifer Welch Declares that Kirk “Justified” His Own Assassination

In an age of rage, the loudest lunatic reigns supreme. The sudden rise of Jennifer Welch vividly proves that regrettable fact. Welch is the face of rage, spewing hate-filled attacks to feed a rage addiction on the left. She is also an example of how many on the left call for censorship to combat disinformation, but constitute some of the greatest sources of such false and misleading stories. This week offers another such example. After attacking Charlie Kirk’s widow as a “grifter,” Welch declared that Kirk “justified” his own killing. The basis for that disgraceful claim is a false viral claim that Kirk shrugged off the killing of school kids from gun violence. Despite being repeatedly debunked, liberals like Welch continue to spread the claim. Continue reading “Jennifer Welch Declares that Kirk “Justified” His Own Assassination” →

Columns, Congress, Criminal law

Epstein’s Last Casualty Could Be Grand Jury Secrecy

Below is my column in The Hill on the fallout from the release of the Epstein files from grand-jury and congressional investigations. As various figures are hounded over embarrassing emails, we need to ask about the implications of such a wholesale release. One can be in favor of transparency without dismissing the impact on third parties who are not accused of any criminal conduct.

Here is the column:

Continue reading “Epstein’s Last Casualty Could Be Grand Jury Secrecy” →

Constitutional Law, Free Speech, International

Britain Moves to Curtail Jury Trials and Free Speech

Below is my column in The Wall Street Journal on the move to sharply curtail the use of jury trials in Great Britain. The ill-conceived move is the work of Secretary of State for Justice and Lord Chancellor David Lammy, who previously denounced the idea as an abandonment of British values and the loss of a critical protection for citizens. It is a tragic variation on Winston Churchill’s legendary observation about the fleeting virtue of the insufferably sanctimonious. Like the socialite who was indignant when Churchill puckishly offered a small amount of money to sleep with him, it turns out that Lammy was “just haggling over price.” When faced with significant savings, Lammy is willing to toss aside the right that once defined them as a people.

Continue reading “Britain Moves to Curtail Jury Trials and Free Speech” →

Bizarre, Media, Politics, Society

“Hatemongers, Homophobes, Fascists, Racists, Flag-Waving Proud Racists”: Fired Radio Host Has Meltdown Over Cubs Infielder Matt Shaw Going to Kirk Funeral

Dan Bernstein is back with a vengeance. Just last year, the sports radio show host was fired after a tirade against critics that led to his threatening to doxx people on social media and asking “want your kids involved?” He later apologized, but is now again in the news with another vicious attack. This week, Bernstein denounced Chicago Cubs infielder Matt Shaw for going to the funeral of Charlie Kirk, who was the victim of a political assassination. Bernstein called anyone attending the funeral effective Nazis and mocked Shaw for his expressions of faith in connection to Kirk. Continue reading ““Hatemongers, Homophobes, Fascists, Racists, Flag-Waving Proud Racists”: Fired Radio Host Has Meltdown Over Cubs Infielder Matt Shaw Going to Kirk Funeral” →

Congress, Politics, Torts

Cover-Up or Frame-Up? How the Democratic Epstein Releases are a Classic Example of False Light

Many years ago, as a law student, I had the honor of working with the great prosecutor William J. Kunkle Jr., who put away John Wayne Gacy. I was a young intern at the litigation firm of Phelan, Pope & John and loved listening to Bill’s stories about his famous cases. I even had to take a couple of calls from Gacy from prison when Bill was out. (I was asked to write down everything that he would say in the routine calls. On one call, Gacy told me, “Tell Bill he was wrong. I was not guilty of homicide. I was guilty of running an indoor funeral parlor without a license.”). One story of Bill’s came to mind last night when Democrats released their latest tranche of “bombshell” photos from the Epstein files to suggest that Trump is implicated in the scandal. Continue reading “Cover-Up or Frame-Up? How the Democratic Epstein Releases are a Classic Example of False Light” →

Constitutional Law, Free Speech, Torts

Border Tsar Homan Announces Investigation into Rep. Omar: A Case for Fraud or Defamation?

This week, the lingering allegations over the marital history of Rep. Ilhan Omar (D., Minn.) took an ominous step when Border Tsar Tom Homan publicly acknowledged that the government is looking into the matter. Rep. Omar has long denied that she married her brother to gain his entry into the United States, but the allegation has continued to rage on the Internet and among her critics. The question is whether this is a substantive case of fraud or defamation. Continue reading “Border Tsar Homan Announces Investigation into Rep. Omar: A Case for Fraud or Defamation?” →

Media, Politics

CBS Staffers Attack New Anchor as Too White, Straight, Male and Pro-Israel

CBS has long been a network in decline. With dismal ratings, the network has been mired in third place for years, and many view it as openly biased and partisan in its coverage, including pushing false stories with a political agenda. Bari Weiss was brought in to save the network and move it back to a neutral center. She has encountered continued attacks from staff who are outraged by the efforts, including her recent selection of Tony Dokoupil as the next evening anchor. Dokoupil is being attacked as too white, male, straight, and pro-Israel. Continue reading “CBS Staffers Attack New Anchor as Too White, Straight, Male and Pro-Israel” →

Congress, Constitutional Law

Impeachment Articles Filed Against Robert F. Kennedy Jr.