Author: jonathanturley

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”

“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”

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””

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”

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”

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”

“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”

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”

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?”

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”

Impeachment Articles Filed Against Robert F. Kennedy Jr.

Letitia James Moves to Chill Debate Over Transgender Policies

There was an interesting complaint filed in New York yesterday in which a group of parents and educators sued New York Attorney General Letitia James over a letter viewed as threatening those who are raising transgender policies in public meetings. While the legal basis for the complaint is likely to be challenged as premature by the state, the lawsuit exposes an effort that seems clearly designed to chill such public discussions of transgender issues. Continue reading “Letitia James Moves to Chill Debate Over Transgender Policies”

Humphrey’s Estate and Jackson’s Experts: Justice Offers Surprising View of the Separation of Powers

As I discussed in yesterday’s coverage of the oral arguments in Trump v. Slaughter, the argument went poorly for those who sought to sustain the 90-year-old precedent in Humphrey’s Executor, limiting a president’s power to fire members of independent commissions. It seems unlikely that Humphrey’s Executor will live to see 91 after Chief Justice John Roberts called it “just a dried husk.”

As is increasingly becoming the case, Justice Ketanji Brown Jackson stole the show with some of her comments on her view of the underlying constitutional issues. She suggested that “experts” in the Executive Branch generally should not be subject to termination by a president. It is a virtual invitation for a technocracy rather than a democracy. Continue reading “Humphrey’s Estate and Jackson’s Experts: Justice Offers Surprising View of the Separation of Powers”

The Death of Michael Virgil: Royal Caribbean Faces Major Torts Case Over the Death of a Passenger

Michael Virgil kicks cruise ship door.

Last night, I gave my final in both of my torts classes at George Washington University. I teach dram shop litigation and a new case involving Royal Caribbean could well be part of next year’s lecture. The company is being sued by the family of a 35-year-old man who died aboard a Royal Caribbean cruise after allegedly being served 33 alcoholic drinks and then restrained (and drugged) when he allegedly became violent. Notably, the medical examiner ruled his death a homicide. The family has filed a civil complaint in the U.S. District Court for the Southern District of Florida. Continue reading “The Death of Michael Virgil: Royal Caribbean Faces Major Torts Case Over the Death of a Passenger”