Academia, Criminal law

Berkeley Prosecutors Cut Probation Deal for Scientist Who Tried to Kill Colleague

I have been a criminal defense attorney for my entire career, but there is a case out of Berkeley, California that is a real head scratcher. David Xu was the chief metallurgist for a company called Berkeley Engineering and Research (BEAR) and was caught on tape trying to poison a colleague. His actions are blamed for not only causing harm to Rong Yuan, but her parents. After spending only 10 days in jail, Alameda County prosecutors and a judge signed off on a probation deal in the case. Continue reading “Berkeley Prosecutors Cut Probation Deal for Scientist Who Tried to Kill Colleague” →

Academia, Torts

Berkeley Students Disrupt Dinner at Law Dean’s Home; Accuse Law Professor of Assault

UC Berkeley’s law school dean, Erwin Chemerinsky, and his wife, law professor Catherine Fisk, faced a bizarre scene this week when third-year students invited into their home for a dinner held a disruptive protest and refused to leave. The students accused Fisk of assault after she tried to pull a microphone from the hands of Malak Afaneh, leader of Berkeley Law Students for Justice in Palestine. Continue reading “Berkeley Students Disrupt Dinner at Law Dean’s Home; Accuse Law Professor of Assault” →

Academia, Politics

Academia’s Radical Chic: Anti-Israeli Mandatory Class Puts Spotlight on UCLA’s Activist-in-Resident Program

There has been much discussion about the controversial mandatory lecture for first-year medical students at the University of California Los Angeles from a pro-Palestinian speaker accused of anti-Semitic postings and racist rhetoric. However, there is less attention to the fact that Lisa “Tiny” Gray-Garcia was appearing because she is one of UCLA’s paid Activists-in-Residence. Continue reading “Academia’s Radical Chic: Anti-Israeli Mandatory Class Puts Spotlight on UCLA’s Activist-in-Resident Program” →

Media, Politics

NPR Editor Blasts the Public-Funded Company for Political Bias and Activism

In a scathing account from within National Public Radio (NPR), Senior Editor Uri Berliner blasted the company for open political bias and activism. Berliner, who says that he is liberal politically, wrote about how NPR went from a left-leaning media outlet to a virtual Democratic operation echoing narratives from figures like Rep. Adam Schiff (D., Cal.). The objections have long been voiced, including on this blog, but this account is coming from a long-standing and respected editor from within the company. Continue reading “NPR Editor Blasts the Public-Funded Company for Political Bias and Activism” →

Lawyering, Politics

David Hogg Group Hit With Allegations Over Spending Practices and Policies
(Official White House Photo by Adam Schultz)

Gun control activist David Hogg has been hit with allegations over the spending practices of his group Leaders We Deserve PAC. Conservative outlets are reporting that the group spent comparably little on actual candidates as opposed to travel and expenses. His prior counsel is a familiar name in such controversies in Washington: former Clinton campaign general counsel Marc Elias.

Academia, Criminal law

Vanderbilt Students Expelled Over Violent Protest, Including Activist Recognized by the White House

For years, we have discussed the failure of universities to take actions against faculty and students shutting down events or acting unlawfully, including faculty guilty of criminal assault. Now, Vanderbilt has expelled three students after anti-Israel protests, including Jack Petocz, a political activist recognized by the White House and featured prominently in the New York Times and other news outlets. Continue reading “Vanderbilt Students Expelled Over Violent Protest, Including Activist Recognized by the White House” →

Columns, Congress

“Are You Kidding Me”: Federal Judge Rebukes DOJ on its Own Refusal to Comply with House Subpoenas

Below is my column in the New York Post on the recent rebuke of the Justice Department by a federal judge in a hearing on the refusal to comply with House subpoenas in the Biden corruption investigation. The Justice Department appears little concerned over the glaring disconnect in how it treats its own attorneys as opposed to other citizens — a pattern that we have discussed previously.

Here is the column: Continue reading ““Are You Kidding Me”: Federal Judge Rebukes DOJ on its Own Refusal to Comply with House Subpoenas” →

Columns, Free Speech, Politics

Democrats Cry Foul as Anti-Free Speech Allies Turn Against Them

Below is my column in The Hill on the recent disruptions of events featuring leading Democrats from President Joe Biden to Rep. Jamie Raskin. After years of supporting the censoring and blacklisting of others, these politicians are now being targeted by the very anti-free speech movement that they once fostered. Hillary Clinton last week became the latest Democrat targeted by protesters in a visit to her alma mater, Wellesley College.

Here is the column: Continue reading “Democrats Cry Foul as Anti-Free Speech Allies Turn Against Them” →

Constitutional Law, Courts, Criminal law, Free Speech

“Plainly Erred”: Judge Reggie Walton Rebuked by D.C. Circuit in J6 Case

D.C. Circuit Judge Reggie Walton recently caused a stir in Washington after doing an interview with CNN in which he rebuked former President Donald Trump for his criticism of judges and their family members. Now, Judge Walton has been criticized by the United States Court of Appeals for the District of Columbia for a surveillance order of the computer of a January 6th defendant to detect any spreading of “disinformation” or “misinformation.”

Continue reading ““Plainly Erred”: Judge Reggie Walton Rebuked by D.C. Circuit in J6 Case” →

Academia, Free Speech

Georgia Students Shut Down Congressman in Latest “Deplatforming”

We have another successful “deplatforming” of a speaker at a university this week after Rep. Mike Collins (R-GA) had to be removed from an event at the University of Georgia. This follows incidents discussed this week involving student protests at Tulane and Maryland. Continue reading “Georgia Students Shut Down Congressman in Latest “Deplatforming”” →

Congress, Free Speech

Federal Judge Hits CDC Over Withholding Data on Adverse Vaccine Reports

The Centers for Disease Control and Prevention (CDC) continues to resist disclosing information on claimed side effects and problems with its COVID-19 vaccines, including from healthcare workers. Due to a January order by U.S. District Judge Matthew Kacsmaryk in a Freedom of Information Act case, the CDC is being forced to turn over hundreds of thousands of “free text” entries from V-safe. The court has scolded the CDC for its continuing efforts to withhold information on these complaints. Continue reading “Federal Judge Hits CDC Over Withholding Data on Adverse Vaccine Reports” →

Academia, Free Speech

University of Maryland President Defends Protesters Disrupting Rep. Raskin Event

University of Maryland President Darryll Pines has joined the ignoble line of educators and administrators enabling the growing anti-free speech movement on our campuses. Pines has defended the shouting down of Rep. Jamie Raskin (D., Md) as exercising free speech as hecklers. He is dead wrong and the Board of Directors should address his inimical view of free speech in higher education.  As for Raskin, it is an ironic but telling moment from a member of Congress who has supported censorship and consistently opposed efforts to investigate the silencing of those with opposing views.

Continue reading “University of Maryland President Defends Protesters Disrupting Rep. Raskin Event” →

Academia, Free Speech

Former CNN CEO Walter Isaacson Accused of Assaulting Student Protester

Various groups are demanding the resignation or firing of Walter Isaacson, former CEO of CNN and the Aspen Institute, after allegedly assaulting a Tulane student protester, Rory MacDonald during an event to foster diversity of ideas and entrepreneurship for New Orleans Entrepreneurship Week held off campus. MacDonald is seen interrupting the event by yelling anti-Israeli and Pro-Palestinian statements. In a video, Isaacson, 72, is sitting near the student and decides to take action by pushing the student out of the room. MacDonald claims injuries as a result of the action and groups are calling it an assault. The university says that it is  investigating.

Continue reading “Former CNN CEO Walter Isaacson Accused of Assaulting Student Protester” →

Free Speech, International

Scottish Minister Doubles Down on Anti-Free Speech Law
There is global criticism of the new anti-free speech law in Scotland, including a dare from author J.K. Rowling to arrest her for her criticism of transgender policies. The law is so bad that even the British Prime Minister, in a country previously denounced for attacks on free speech, has demurred from supporting the Scottish law.  Now Humza Yousaf, first minister of Scotland, has doubled down in supporting the draconian law while misrepresenting its language. Continue reading “Scottish Minister Doubles Down on Anti-Free Speech Law” →
Constitutional Law, Politics

White House Flack Raises Legal Concerns Over Spinning the Biden Corruption Scandal

In a city of flacks, Ian Sams is prototypical. Quotable, punchy, and fast on social media, he stays ahead of the news cycle. Those traits are greatly valued by clients in this city where losing control of a narrative can allow a controversy to metastasize into a full fledge scandal. What is different is the client. Sams, a well–known Democratic operative, is not working for a Democratic campaign, but a Democratic president and speaks for the White House Counsel. Continue reading “White House Flack Raises Legal Concerns Over Spinning the Biden Corruption Scandal” →

Res ipsa loquitur – The thing itself speaks