The decision of the board to uphold the decision to ban Trump but reconsider his lifetime ban may seem transparently convenient for many. However, there is precedent. One of my favorite trial accounts is from Ireland where an Irishman was accused by an Englishman of stealing a pair of boots. The guilt of the defendant was absolutely clear but the Irish jury could not get itself to rule for the Englishman. Instead, it acquitted the Irishman but added a line, “We do believe O’Brien should give the Englishman back his boots.” Case closed. Continue reading “Facebook Upholds Trump Ban But Admits Permanent Ban Lacked Any Objective Standard”
In 1964, Stanley Kubrick released a dark comedy classic titled “Dr. Strangelove or: How I Learned to Stop Worrying and Love the Bomb.” The title captured the absurdity of getting people to embrace the concept of weapons of mass destruction. The movie came to mind recently with the public campaign of Facebook calling for people to change her attitudes about the Internet and rethink issues like “content modification” – the new Orwellian term for censorship. Continue reading “Evolving With Big Tech: Facebook’s New Campaign Should Have Free Speech Advocates Nervous”
The House Democrats, with the support of President Joe Biden, are set to vote to approve the establishment of the “State of Washington, Douglass Commonwealth” as our 51st state today. I had testified and written about D.C. statehood for decades and, as noted in a recent column, I believe that the best interests of both the country and the district residents is found in retrocession, not statehood. Continue reading ““State of Washington, Douglass Commonwealth”: House Democrats Set To Approve D.C. As The 51st State”
The fallout over the comments of Rep. Maxine Waters (D., Cal.) continued as Democrats were asked to condemn her call for protesters to stay in the streets and get more confrontational. I recently wrote a column on how Waters had become the best possible witness for Donald Trump in her own lawsuit against him. Waters was denounced by Judge Peter Cahill for undermining not just any conviction in the trial of Derek Chauvin but the court itself in seeking to carry out its constitutional function. It would seem a simple matter for responsible people to condemn Waters’ inflammatory remarks but Speaker Nancy Pelosi (D., Cal.) defended her and refused to criticize the comments. Earlier this year, Pelosi condemned Trump for criminal incitement and pushed through his impeachment for using similar words on Jan. 6th. Waters was also defended on CNN where media figures supported her call for protesters to stay in the streets and get “more confrontational.” Continue reading “Pelosi Refuses To Criticize Waters Despite Court Denouncing Her Remarks For Undermining The Chauvin Trial”
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.
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”
We recently discussed the controversial commission created by President Joe Biden to discuss calls to pack the Supreme Court as well as a number of truly looney ideas for circumventing or reducing the authority of the Court’s conservative majority. Some members however decided not to wait even for a commission that is itself packed with liberal members. House Judiciary Committee Chair Jerry Nadler, D-NY, Sen. Ed Markey, D-Mass, and others will be announcing their plan to immediately add four new justices to the Court. The number is calculated purely to give liberals a 7-6 majority on the Court. It is about a subtle as a B-52 run. Continue reading “Hostile Takeover: Democrats To Introduce Bill To Pack The Supreme Court”
A new report from Capitol Police Inspector General Michael Bolton has sent congressional leaders scrambling after finding that Capitol police were told that they could not use critical riot materials and tactics in preparation for the Jan. 6th protests. The finding challenges the narrative put forward in the second impeachment of former President Donald Trump. It also raises questions of whether congressional leaders (who repeatedly condemned Trump for the death and injuries of officers) share responsibility for the loss of control of Congress to the rioters. Continue reading “IG Report: Congress Restricted The Capitol Police’s Use of Material And Tactics Before Capitol Riot”
On Friday, President Joe Biden issued an executive order forming the Presidential Commission on the Supreme Court of the United States. The order is the fulfillment of his pledge on the campaign trial to consider the expansion of the Supreme Court, a court-packing scheme advocated by some Democrats to retake control of the court from its current conservative majority. Even though I have long argued for the expansion of the Supreme Court, I opposed these calls as a raw effort to pack the Court. I have a column out this morning discussing the Commission.
Today, I will be speaking to lawyers and law students in Utah on the history of impeachment. The event is organized by the Utah State Bar litigation section in conjunction with the University of Utah and Brigham Young University law schools. As many of you know, I have a deep love for the parks and trails of Utah as an avid backpacker so having to appear virtually is a disappointment. However, I hope to be back hiking the ridges of Zion and Bryce this year.
The scandal involving Rep. Matt Gaetz (R-Fla.) continues to rage in Washington as Gaetz alleges a conspiracy to extort $25 million and the New York Times has reported an investigation into his traveling across state lines with a minor for sex. Both are serious allegations and someone is clearly lying. The question is why, after a year of reported investigation, the underlying facts appear unresolved. Either this girl was 17 or she was not. Either Gaetz traveled with her or he did not. Then there is a taped call that could prove the veracity of key witnesses. In other words, there is raging speculation over facts that should be easily and already established. Why?
I recently wrote about the lawsuit by Rep. Eric Swalwell against former President Donald Trump as a serious miscalculation that could result in a legal vindication for Trump either on the trial or appellate levels. In my view, the lawsuit contravenes free speech as well as controlling case law from the Supreme Court. Now two Capitol Police officers injured during the riot, James Blassingame and Sidney Hemby, have sued on similar grounds with many of the same inherent flaws. The 40-page lawsuit was written by D.C. attorney Patrick Malone, who previously filed ethics complaints against lawyers representing the Trump campaign or the Republican party. Trump lawyers many view this lawsuit as a greater opportunity than a liability for their client.
Sen Bernie Sanders (I., Vt.) came out against the Twitter ban of former president Donald Trump yesterday. Sanders expressed his discomfort with the role of Big Tech in censorship viewpoints, a sharp departure from his Democratic colleagues who have demanded more such corporate censorship. Continue reading ““Tomorrow It Could Be Somebody Else”: Bernie Sanders Comes Out Against Trump Twitter Ban”