Category: Columns

Columns, Constitutional Law, Criminal law, Lawyering, Media, Politics

The Chauvin Appeal: How The Comments Of The Court and The Prosecutors Could Raise Challenges Going Forward

Below is my column in The Hill on two issues that arose on the final day of the trial of Derek Chauvin that could now feature prominently in any appeal. There will likely be an array of conventional appellate issues from the elements of the murder counts to the sufficiency of the evidence. Obviously, any appeal will wait until after sentencing, which will take many weeks. However, two issues were highlighted on the final day which could play a role in the appeal even if the odds are against Chauvin. The first on the denial of a venue change and the sequestering of the jury is very difficult make work on appeal. However, there are strong arguments to be made in this case.  I believe Judge Cahill should have granted the venue change and also sequestered this jury. It is not clear if the court polled the jury on trial coverage, particularly after the inflammatory remarks of Rep. Maxine Waters (D., Cal.). However, there are credible grounds for challenging how this jury may have been influenced by the saturation of coverage of the trial as well as rioting in the area.

Here is the column:

Continue reading “The Chauvin Appeal: How The Comments Of The Court and The Prosecutors Could Raise Challenges Going Forward” →

Columns, Congress, Constitutional Law, Politics

America’s Micro State: Why Congress Should Consider Retrocession Rather Than Statehood

A vote is expected on Thursday in the House for granting the District of Columbia full statehood. The bill will reach the floor without a discussion of the alternative options to securing full voting rights for the district. While the House bill is unlikely to pass unless the Democrats can succeed in killing the filibuster, the real loss is that we have gone another year without discussing options that could actually pass and bring a myriad of benefits to the district beyond just adding two Senate seats.  That is the option that the Democratic leadership has spent decades blocking from serious consideration.  I lived in Washington and have close ties to the city after first coming to Washington as a young congressional page.  I have long advocated a “modified retrocession” plan rather than the creation of a micro state because I truly believe that a tailored plan could address long-standing problems for the district in addition to its representational status.

Here is the Hill column: Continue reading “America’s Micro State: Why Congress Should Consider Retrocession Rather Than Statehood” →

Bizarre, Columns, Congress, Constitutional Law, Criminal law, Free Speech, Politics

Trump’s Surprise Witness: Rep. Waters Becomes A Possible Witness Against Her Own Lawsuit

With rioting continuing in Brooklyn Center, Minn. and around the country, Rep. Maxine Waters, D-CA, went to Minnesota and told the protesters that they “gotta stay on the street” and “get more confrontational.”  The statement is ironic since Waters is one of the House members currently suing former President Donald Trump and others for inciting violence on January 6th with his words on the Mall.  Waters insists that Trump telling his supporters to go to the Capitol to make their voice heard and “fight” for their votes was actual criminal incitement. Conversely, Waters was speaking after multiple nights of rioting and looting and telling protesters to stay on the streets and get even more confrontational. There was violence after the remarks, including a shooting incident where two National Guard members were injured. Waters has now guaranteed that she could be called as a witness by Trump in his own defense against her own lawsuit. Continue reading “Trump’s Surprise Witness: Rep. Waters Becomes A Possible Witness Against Her Own Lawsuit” →

Columns, Constitutional Law, Criminal law

What Is The Difference Between The Wright And Babbitt Shootings?
Photo: Brooklyn Center Police Department

Below is my column in USA Today on charging decisions in the Wright and Babbitt shootings. The sharp contrast in the two decisions raises serious questions over the legal and political issues that rage around such cases.

Here is the column:

Continue reading “What Is The Difference Between The Wright And Babbitt Shootings?” →

Columns, Criminal law, Media

Politicians Again Choose Politics Over Process In The Wright Shooting
Photo: Brooklyn Center Police Department

Below is my column in The Hill on the Wright shooting and the continuing prejudicial statements made by political figures. The shooting appears to be an accidental case of “weapon confusion,” which we have previously discussed on this blog.  Yet, politicians are declaring the shooting to be an intentional racist act as rioting continues to rage in various cities.

Here is the column:
Continue reading “Politicians Again Choose Politics Over Process In The Wright Shooting” →

Columns, Constitutional Law, Politics, Supreme Court

Is Biden’s Supreme Court Commission Packed To Fail?

Below is my column in The Hill on President Joe Biden’s Commission on the Supreme Court.  While the composition of the makeup of the Commission is now known, the true purpose of the Commission remains in doubt. While the Commission is likely to make recommendations for “reforms,” the genesis of the Commission was to consider the court packing scheme that was widely discussed during the 2020 presidential election.  Biden precisely called court packing a “bone headed” and “terrible, terrible idea.” However, he was not willing to confront extreme voices in his own party and this Commission is the result. The hope of many in Washington is that this Commission will give the Administration cover in setting aside the demands to add new members in the short term to create a liberal majority on the Court. If this largely liberal commission recommends against court packing, Biden and the Democratic leadership could shrug and say “well., we tried.”  The question is whether the Commission will feel the pressure to come up with some alternative substantial recommended change. Over 20 years ago, I recommended the expansion of the Court to 17 or 19 members. However, that recommendation would occur over many years and would not give advocates the short-term majority that they are seeking. That is the difference between reforming and packing the Court. Even a gradual increase would also face considerable opposition in the Senate, particularly out of a lack of trust that a later majority would add a couple of justices and then renege on continued additions to continue to control the majority of the Court.  Even former Democratic Majority Leader Harry Reid warned against term limits or seeking to expand the Supreme Court as a dangerous path for Democrats.

Here is the column:

Continue reading “Is Biden’s Supreme Court Commission Packed To Fail?” →

Columns, Criminal law, Media, Politics

President Biden Announces New “Red Flag” Rule Fit For Hunter Biden

Bizarre, Columns, Criminal law, Media, Politics

Did Hunter Biden Incriminate Himself In A Federal Crime?

Below is my column in The Hill on recent interviews by Hunter Biden, which appear to incriminate him in a possible federal felony. What is most striking from a journalistic perspective is that Biden’s book is a target rich environment for reporters with references to his alleged influence peddling, abandoned laptop, and drug abuses. Yet every major network and newspaper that interviewed Biden skillfully avoided any damaging questions.  It was no small feat to delicately avoid obvious problems in his account while seemingly interviewing him on those subjects. Reporters would raise the laptop of Burisma contract and then just shrug and move on without any serious followup. The glaring contradictions were left unaddressed like admitting that he was a crack addict during the time he was receiving massive contracts from foreign companies due to his unestablished “expertise” on energy issues. The conflicts with his own father’s accounts were entirely ignored. The protective press cocoon around Hunter and his father remained intact.

In the end, it is not the possible crime by Biden but the demonstrable collusion by the media that is more of the story from these interviews.

Here is the column:

Continue reading “Did Hunter Biden Incriminate Himself In A Federal Crime?” →

Columns, Congress, Constitutional Law, Politics

Democrats Cannot Erase The History Or Hypocrisy Of The Filibuster

Below is my column on the ongoing Democratic effort to get rid of the Senate filibuster. There are good-faith arguments against filibusters but there is a new campaign to declare the rule as racist. Once again, many in the media are ignoring both the history and hypocrisy surrounding the filibuster, including in the press conference last week with President Joe Biden. Biden was not asked in multiple questions on the filibuster about his defense of a rule that he now dismisses as a racist relic. In 2005 he stated:

The Senate ought not act rashly by changing its rules to satisfy a strong-willed majority acting in the heat of the moment…Proponents of the ‘nuclear option’ argue that their proposal is simply the latest iteration of a growing trend towards majoritarianism in the Senate. God save us from that fate, if it is true…Adopting the ‘nuclear option’ would change this fundamental understanding and unbroken practice of what the Senate is all about. Senators would start thinking about changing other rules when they became “inconvenient.” …Altering Senate rules to help in one political fight or another could become standard operating procedure, which, in my view, would be disastrous.”

Here is the column:
Columns, Constitutional Law, Politics

Warren’s Wealth Tax: How A New Bill Would Convert The Tax Code Into A Canned Hunt

Below is my column in The Hill on introduction of Elizabeth Warren’s wealth tax.  The bill contains two notable addition: a massive increase in the size of the IRS and what I call a “captivity tax” to try to keep the wealthy from fleeing. The odds are that Democratic leadership will see some of the same problems with this bill, but the danger is that such legislation will be difficult to oppose due to its public appeal. Moreover, there is a lack of honestly about the constitutional and practical issues surrounding a “wealth tax.” Such details are lost as Warren pledges to go after the “Rembrandts … diamonds and … yachts”  of the wealthy.

Here is the column: Continue reading “Warren’s Wealth Tax: How A New Bill Would Convert The Tax Code Into A Canned Hunt” →

Columns, Criminal law, Lawyering, Media, Politics

The Domino Effect: How All Four Cases In The Death of George Floyd Could Collapse With A Chauvin Acquittal

Below is my column in USA Today on the approaching trial of former police officer Derek Chauvin for the alleged murder of George Floyd. Thus far, many in the media have failed to shoulder their own burden to discuss the countervailing evidence in the case.  Indeed, there is a real danger of a cascading failure in the case where a loss in the Chauvin case could bring down the cases against all four officers. This potential domino effect is the result of making the three other cases dependent on the base murder/manslaughter charge against Chauvin.

Here is the column: Continue reading “The Domino Effect: How All Four Cases In The Death of George Floyd Could Collapse With A Chauvin Acquittal” →

Columns, Criminal law, Media, Politics

The Media and The Mayhem: The Chauvin Trial Coverage Follows A Dangerous Pattern

Below is my column in The Hill on the Derek Chauvin trial in Minneapolis. Last week, at least one juror was excused after he expressed fear that he or his family could be attacked after a verdict. (Conversely, another juror called the rioting necessary to advance the Black Lives Matter movement). The man explained that his neighbors had to flee the area after the riots following the death of George Floyd. That fear was shared by various jurors. It is not surprising when the courthouse is ringed in fencing and barbed wire and even police stations in the city are bunkered down. There are already protesters outside of the courthouse and a new “autonomous zone” in the city that is being criticized by police groups.  Once again, the news coverage is highly siloed and divergent in such coverage with vastly different images emerging from the city as it prepares for possible rioting. However, it is the divergent coverage of the case itself that is my greatest concern.

The voir dire responses highlight the concern over venue in the case and the decision not to shift the trial to a different city. There is clearly a fear among jurors that there might be rioting if there is an acquittal for Chauvin. The voir dire selection also magnifies the concern over how the case has been covered in the media with the omission of critical defense arguments and evidence. I believe that there was a legitimate basis for a trial, but this is a stronger manslaughter than a murder case.  The trial will give us a better view of the evidence but the coverage thus far has been dangerously incomplete in my view, as discussed below.

Here is the column:

Continue reading “The Media and The Mayhem: The Chauvin Trial Coverage Follows A Dangerous Pattern” →

Academia, Columns

Baltimore Student Who Failed All But Three Classes In Four Years Was Ranked In Top Half Of His Class

As teacher unions fight to keep schools closed, the true cost is being felt by students who are racking up failing grades, dropping out of virtual classes, increasing drug use, and, in rising numbers, committing suicide.  In response, some union officials like the President of the Los Angeles Teacher’s Union has labelled calls to return to class examples of white privilege despite overwhelming science supporting resumption of classes. However, for minority students, this shutdown has taken a dire situation and turned into a free-fall disaster. The pandemic led to the closure of an already failing public school system, as evident in a shocking story out of Baltimore. As recently reported, a high school student almost graduated near the top half of his class after failing every class but three in four years. He has a 0.13 GPA.  His mother finally went public in exasperation with the failures in the public schools. Continue reading “Baltimore Student Who Failed All But Three Classes In Four Years Was Ranked In Top Half Of His Class” →

Res ipsa loquitur – The thing itself speaks