Month: December 2019

STATE OF THE BLOG (2019)

Happy New Year to all of our blog community from around the world. As has been our tradition on this blog, with the start of 2020, I thought I would share our annual “State of The Blog” statistics from the last year. It has been a great year for the blog with the highest traffic in the history of our blog. We continued our expansion internationally. While I usually post a separate blog when we passed another million mark, the crush of impeachment meant that our passage of the 38,000,000 view mark went unheralded and we are well on our way to 39,000,000.

Thanks to all of our regulars and particularly Darren Smith who continues to monitor the blog and write on the weekend. We also now have an email following of over 105,0000 and a twitter following of almost 100,000.

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Chuck Todd Asks Whether Trump Supporters Simply Want To Be Lied To

NBC News anchor Chuck Todd is under fire for an openly derisive comment about Trump supporters as effectively delusional drones who want to be lied to. He even added a dig at belief in biblical accounts like Noah’s Ark. It is the latest example of how open bias has become the norm on mainstream media. Imagine if Todd said Obama supporters are ignorant voters who just want to be lied to. This is precisely why the media is now driving some voters to Trump and reinforcing echo-journalism on both sides.

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The Eleventh Commandment: Thou Shalt Not Testify For Republicans

Below is my column in The Hill newspaper on the perils of professors who agree to testify as Republican witnesses, particularly in an impeachment. It is not the continuing threats against me and my family. That happened when I testified in the Clinton impeachment. No, it is the response of fellow academics and the degree of flagrantly false stories in the media. As a lawyer, I have worked with accused murderers, polygamists, spies, terrorists, and others. However, nothing produces the unhinged rage as appearing as a Republican witness.

Here is the column:

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Tax Avoidance: A Moral Duty

By Darren Smith, Weekend Contributor

While it is a truism that in many respects some form of taxation is needed to provide necessities to a society, in practice many government and social detriments arise as either a consequence to or are derivative of tax policy. I’ve found for myself that fostering a personal goal of avoiding specific taxation or in many cases excessive taxation generally comports with a greater advocacy of morality in several beneficial forms.

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What If Monica Actually Had Taken The Stand?

Below is my column in the Wall Street Journal on the issue of witnesses at impeachment trials and how they can have a determinative impact on the outcome of such trials. The best example remains the Senate trial of Bill Clinton and the ultimate “what if.” What if Monica Lewinsky actually took the stand in the Senate trial?

Here is the column:

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Christmas Torts: The 2019 Listing Of Holiday Mishaps and Madness

Below is my column in The Hill newspaper on my annual list of Christmas torts and crimes. Fortunately, the holiday is much more than the entries on the criminal docket. However, these cases remind us all that, even when chaos lurks around holiday gatherings, we somehow survive and return year in and year out. So Happy Holidays to everyone.

Here is the column:

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MERRY CHRISTMAS AND HAPPY CHANUKAH!

Best wishes to everyone celebrating Christmas. As my annual column on Christmas Torts notes, 90 percent of Americans celebrate Christmas (though only around half treat it as a religious holiday). We are also celebrating Chanukah (Leslie is Jewish) so this is a great twofer celebration for our family with the overlapping of the two holidays this year.

I am in Chicago with the family for Christmas with my 92-year-old mother Angela.  We are getting a dusting of snow for a white Christmas but the weather has been warmer than usual on our visit (in the 50s).  Last night, we had our tradition of Cioppino soup with family.

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No, I Never Said Sotomayor Wasn’t Smart Enough For The Supreme Court

When I agreed to testify in the Trump impeachment hearing, I knew that that I would be attacked for my testimony. With roughly 54 pages of testimony, there would be ample areas of good-faith disagreement. The surprising thing was the tsunami of attacks for things that I did not say. The most vile was that I previously said that Justice Sonia Sotomayor “wasn’t smart enough for the Supreme Court.” That false story appears to be traced to a tweet from from another law professor, Baltimore Law Professor Garrett Epps stating “Does anybody else remember @JonathanTurley appearing on MSNBC to explain that Sonia Sotomayor didn’t have the intellect to serve on the Supreme Court?” I certainly don’t because I never said such a thing. However, Epps and an array of reporters did not feel that such a statement required a modicum of actual research. (I am giving Professor Epps the benefit of the doubt that he did not actually watch the video that he linked. If he did, he clearly chose to ignore where I clearly state a very different point about Sotomayor’s opinions while saying that she could still emerge on the Court as a great justice like Justice John Paul Stevens).

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The Impulse Buy Impeachment: How The Democrats Yielded To The Holiday Frenzy Over Facts

Below is my column in the Los Angeles Times on the impeachment of President Donald Trump. The failure to take a little more time to secure additional witnesses (or court orders against the Administration) has already come back to haunt the House. If the Senate now decides to try the President on the thin record of the House, the House will have given the White House an easy avenue to acquittal. If the House was not willing to seek to compel the testimony of these witnesses, it will be in a poor position to demand that the Senate now complete the record that it prematurely closed with its vote. Had they waited just a couple months, they might have been able to secure some of these witnesses, particularly if they had not burned four months without seeking to compel witnesses like Bolton or, bizarrely, withdrew its subpoena for Kupperman before a court could rule.

Here is the column:

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“There’s No Impeachment”: Trump Repeats Feldman’s Flawed Interpretation Of The Constitution

I recently criticized the position of my fellow witness from the Trump impeachment hearing, Professor Noah Feldman, that Trump is not technically impeached until the articles of impeachment are referred to the Senate. I have known Noah for years and respect him but this theory is utterly without foundation in the text or history or logic of the Constitution. The theory is a chimerical conflation of the impeachment and removal provisions. President Donald Trump however has seemingly embraced the theory that he is not actually impeached. Even as mockery, Feldman’s theory should not be further referenced in my view as credible. The President’s status is clear. He stands impeached, but untried.

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