Author: jonathanturley

Columns, Criminal law

Is the Clock Finally Running Out on Hunter Biden?

Below is my column in The Hill on the expiration of the grand jury in Delaware and reports that the Hunter Biden investigation is at a “critical stage.”  These lingering questions could have been avoided if Attorney General Merrick Garland had responded to new disclosures with the appointment of a special counsel. In 2021, emails and recordings from the laptop further fueled questions of whether President Joe Biden could have been a beneficiary of some of these dealings and how his early denials of knowledge appear demonstrably false. The failure to appoint a special counsel in this case is a textbook example of why such appointments are necessary to avoid such doubts about the scope or independence of an investigation.

Here is the column:

Continue reading “Is the Clock Finally Running Out on Hunter Biden?” →

Congress, Constitutional Law, Courts, Politics

Schiff: The Committee Could Subpoena Ginni Thomas About Justice Thomas

There was a telling exchange today on CBS’ Face the Nation when host Margaret Brennan asked J6 Committee member Rep. Adam Schiff (D-CA) about issuing a subpoena of Ginni Thomas, the wife of Supreme Court Justice Clarence Thomas.  I have previously written how the calls for Justice Thomas to resign or be impeached are wildly out of line with ethical and constitutional standards. What was interesting, however, was how Schiff justified such an unprecedented subpoena: to question her about one of Thomas’ opinions dealing with the authority of Congress to investigate what occurred on that day. Continue reading “Schiff: The Committee Could Subpoena Ginni Thomas About Justice Thomas” →

Constitutional Law, Free Speech, Politics, Society

South Carolina Legislators Move to Criminalize Sharing Abortion Information

The South Carolina legislature is moving to enact a new law with deeply troubling free speech implications. Following the Jackson Women’s Health Organization v. Dobbs decision overturning Roe, the legislators have sought to criminalize any effort to ”aid, abet or conspire with someone” to obtain an abortion. That apparently includes sharing information over the Internet or other communication systems. In my view, the law violates the First Amendment and should be scuttled by the legislature. Otherwise, it would likely be struck down by the courts.

Continue reading “South Carolina Legislators Move to Criminalize Sharing Abortion Information” →

Constitutional Law, Courts, Politics

Federal Court Enjoins “Assault Gun” Ban in Boulder County, Colorado

As various states move to pass controversial new gun control laws after the decision in New York State Rifle & Pistol Association v. Bruen, one such law was just enjoined by a federal court in Colorado. In Rocky Mountain Gun Owners v. Superior, District Judge Raymond P. Moore granted a motion for a preliminary injunction to stop enforcement of the law enacted by the town of Superior, Colorado to ban on the sale or possession of a wide array of guns. Continue reading “Federal Court Enjoins “Assault Gun” Ban in Boulder County, Colorado” →

Uncategorized

True Confessions: Liz Cheney Declared Trump Family and Aides Have Now Publicly “Confessed”

J6 Committee Vice Chair Liz Cheney has been criticized by critics for participating in a one-sided series of hearings devoid of alternative or dissenting views. Some have called it a “show trial” with members reading off teleprompters in tightly scripted and controlled hearings. As if to fulfill that show trial portrayal, Cheney ended the hearing this week by calling for more officials to come forward and noting that Trump family members and former officials have now come forward with their own public “confessions.” Continue reading “True Confessions: Liz Cheney Declared Trump Family and Aides Have Now Publicly “Confessed”” →

Constitutional Law, Politics, Supreme Court

The Court of Public Opinion: Justice Kagan Suggests that the Court is Losing Legitimacy by Being Out of Step with Public Opinion

Supreme Court Justice Elena Kagan made a curious and concerning comment this week about how the Supreme Court’s legitimacy depends on the consistency of its judicial opinions with public opinion. It was a comment that seemed consistent with the criticism of Sen. Elizabeth Warren (D., Mass.) that the Court was improperly departing from “widely held public opinion.” Warren used the complaint to justify her call for raw court packing to produce an instant liberal majority. I am frankly astonished by the statement of Justice Kagan which runs against the entire purpose of the Court as, at times, a countermajoritarian institution designed to follow the constitution rather than the polls.

Continue reading “The Court of Public Opinion: Justice Kagan Suggests that the Court is Losing Legitimacy by Being Out of Step with Public Opinion” →

Columns, Society

The Truth About Madison and Slavery

Below is my column in the Washington Times responding to the controversy over changes at the home of James Madison. While I have not been to Montpelier since the reported changes, I wanted to respond to the condemnation of Madison as “an enslaver.” He was indeed an enslaver but the truth is far more complex than presented by critics.

Here is the column: Continue reading “The Truth About Madison and Slavery” →

Academia, Constitutional Law, Politics, Supreme Court

“Offer Large Sums of Public Money”: Law Professor Calls for Congress to “Buyout” Conservative Justices

Critics of the Supreme Court have tried every means to change the balance or decisions of the Court from threats of impeachment to harassing justices at homes or restaurants.  Some of these reckless measures have been encouraged by law professors, including a Georgetown law professor who encouraged more “aggressive” measures targeting the justices.  Now, Seton Hall Law Assistant Dean Brian Sheppard has called for Congress to “buyout” justices by offering them “large sums of money.” If needed, he suggests that President Joe Biden could scrape up the dough to prompt justices to cash in and get out.

Continue reading ““Offer Large Sums of Public Money”: Law Professor Calls for Congress to “Buyout” Conservative Justices” →

Columns, Congress, Criminal law, Politics

Last-Chance Hearing: Jan. 6 Committee Has Yet To Establish A Criminal Case Against Trump
C-Span Screengrad

Below is my column in the Hill on today’s final scheduled hearing of the J6 Committee. While the Committee can continue to schedule new hearings, the eighth hearing highlights the fact a compelling criminal case against President Donald Trump has still not been made. Despite the prior promises of the members, the hearings have largely amplified what was previously known rather than introduce new “smoking gun” evidence. Even in the absence of a single dissenting member, the Committee has not been able to make the long-promised criminal case.

Here is the column:

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Criminal law, Media, Politics

“Republicans are Just Going After Him”: The Media Starts the Spin on Possible Hunter Biden Charges

The media is reporting that the criminal investigation of Hunter Biden is at a “critical stage” with the grand jury considering an array of charges including various tax violations and possible foreign lobbying violations. I previously testified in Congress on possible criminal exposure for Hunter under the Foreign Agents Registration Act (FARA). There seems ample evidence for such charges but there remain some glaring questions in how the Biden Administration has handled the investigation of the Biden family. What is also striking is the initial response of pundits on cable channels like MSNBC that has long ignored or downplayed the allegations. Continue reading ““Republicans are Just Going After Him”: The Media Starts the Spin on Possible Hunter Biden Charges” →

Academia, Constitutional Law, Free Speech

“He’s a Public Employee. Fire his A**”: Critics Call for Harbaugh to be Canned for Coming Out as Pro-Life

University of Michigan football head coach Jim Harbaugh is facing calls for his termination after he went public with his pro-life views. Harbaugh is a devout Catholic and said that “I believe in having the courage to let the unborn be born.” The response has been overwhelming and furious, but it is unlikely that Harbaugh (who just signed signed a 5-year, $36.7 million contract) will be canned. It is an interesting comparison to the successful campaign recently to force a NFL coach to withdraw his comments about Jan. 6th. Yet, if critics had their way, both coaches would be fired for holding dissenting views on such issues. Continue reading ““He’s a Public Employee. Fire his A**”: Critics Call for Harbaugh to be Canned for Coming Out as Pro-Life” →

Congress, Constitutional Law

“This Unchains the President”: Sen. Merkley Calls for Biden To Circumvent the Congress

When Madison described the essence of his constitutional vision of the separation of powers in Federalist 51, he declared “Ambition must be made to counteract ambition.” Madison believed that the three branches would preserve the balance of the Constitution by using the institutional interests of each branch to jealously protect their inherent powers. He clearly did not envision many of our current leaders in Congress who often call for presidents to circumvent their own institution when they are unable to prevail with legislation. The latest example is Sen. Jeff Merkley (D, Ore.). Continue reading ““This Unchains the President”: Sen. Merkley Calls for Biden To Circumvent the Congress” →

Academia, Free Speech

“Morally and Intellectually Corrupt”: UCLA Professor Resigns in Protest over Viewpoint Intolerance

Anthropology professor Joseph Manson announced his retirement this month with a broadside blog post that detailed the loss of academic freedom and integrity at UCLA. Manson describes many of the things that I have previously addressed as standard measures used to force out dissenting or conservative voices, including the isolation and investigation of colleagues to get them to resign. He is now among that lengthening list of such faculty who have decided to cut their academic careers short rather than work under such intolerable conditions. Continue reading ““Morally and Intellectually Corrupt”: UCLA Professor Resigns in Protest over Viewpoint Intolerance” →

Columns, Constitutional Law, Politics, Supreme Court

“Be Aggressive and Go All the Way”: Abortion Could be Headed Back to the Supreme Court

Below is my column in the Hill on how the next round of post-Roe litigation is coming into sharper focus. At the center of this fight will be the question of who controls doctors in any given state.

Here is the column:

Continue reading ““Be Aggressive and Go All the Way”: Abortion Could be Headed Back to the Supreme Court” →

Free Speech, Politics, Religion, Society, Torts

Southwest Airlines and the Transportation Workers Union Hit with Over $5 Million Verdict Over the Firing of a Pro-Life Employee

There is a major verdict in a free speech case out of Texas where Charlene Carter, a former Southwest flight attendant won a verdict of more than $5 million for her wrongful termination after a posting on social media criticizing her union on its abortion stand. Both Southwest and the Transportation Workers Union of America (TWU) (Local 556) are named as defendants. Ironically, the TWU insists that it is “offering working people a voice.” However, it is accused of working with the company to terminate this worker who spoke up against the union.

Continue reading “Southwest Airlines and the Transportation Workers Union Hit with Over $5 Million Verdict Over the Firing of a Pro-Life Employee” →