Category: Congress

Biden Calls for the Prosecution of Anyone Refusing Subpoenas in the Jan. 6th Riot Investigation

We recently discussed the troubling declaration of guilt made by President Joe Biden at the start of the investigation into border agents allegedly whipping or “strapping” undocumented Haitians trying to enter the country. The statement shattered the integrity of the investigation as well as the reputation of the federal agents. Now, President Biden has called for the Select Committee looking into the Jan. 6th riot to hold those who refuse subpoenas in contempt and for his Department of Justice to prosecute them. Continue reading “Biden Calls for the Prosecution of Anyone Refusing Subpoenas in the Jan. 6th Riot Investigation”

Morrison: Time to Give DC Residents A Vote in Congress

I recently discussed the Supreme Court’s affirmance of a decision rejecting constitutional arguments that the District of Columbia is entitled to a vote in Congress. I have repeatedly testified and written on the constitutional barriers to such a vote absent statehood. See Jonathan Turley, Too Clever By Half: The Partial Representation of the District of Columbia in the House of Representatives76 George Washington University Law Review 305-374 (2008). Given those long-standing views, I felt that the blog should hear from a leading intellectual with an opposing perspective. One of the briefs written in support of the district in the recent litigation was from constitutional scholars, including my colleague Alan B. Morrison, Lerner Family Associate Dean at George Washington Law School. I reached out to Professor Morrison to see if he would offer a response on the ruling and the underlying issues. I was delighted when he accepted.

For many on this blog, Professor Morrison needs little introduction. He has not only previously written on the blog, but he is one of the most respected legal figures in the country with extensive litigation and public interest experience. His views on this and every subject are worth the most serious consideration by readers. Continue reading “Morrison: Time to Give DC Residents A Vote in Congress”

Learning To Fear Free Speech: How Politicians Are Moving To Protect Us From Our Unhealthy Reading Choices

Below is my column in the Hill on the increasing calls for censorship and speech regulation on the Internet.  The most recent push on Capitol Hill surrounds the testimony of former Facebook product manager Frances Haugen who alleges that Facebook has been knowingly harming children through promotion and access to certain sites. For some, the testimony follows a type of Trojan Horse pattern where anti-free speech measures are packaged as public safety measures.  Before embracing the proposals of these senators, the public needs to think long and hard over what is being lost in these “reforms.”

Here is the column: Continue reading “Learning To Fear Free Speech: How Politicians Are Moving To Protect Us From Our Unhealthy Reading Choices”

Biden’s Red Queen Justice: How He Destroyed Both the Investigation and the Reputations of Border Agents

Below is my column in the Hill on the controversy over U.S. Customs and Border Protection agents allegedly whipping undocumented immigrants on the southern border. The false accounts given by members of Congress and the media were alarming and likely defamatory. However, it was the comments of President Joe Biden that were the most damaging to both the investigation and the reputation of these agents. He seemed to finally find his “dog-faced lying pony soldiers” in the mounted border unit. Ironically, he is the most legally protected person in making defamatory comments.

Here is the column: Continue reading “Biden’s Red Queen Justice: How He Destroyed Both the Investigation and the Reputations of Border Agents”

Free Speech Immunity: YouTube Bans Channels Airing Criticism of Vaccines

YouTube continued the expansion of corporate censorship on the Internet with the encouragement of leading Democratic leaders. The company has banned channels associated with anti-vaccine activists like Joseph Mercola and Robert F. Kennedy Jr. Once again, rather than rebutting or refuting claims made by others, many sought to silence those with opposing views. YouTube will not allow people to hear views that do not comport with an approved range of opinions.  The move magnifies concerns that we are seeing the emergence of a new type of state media as private companies conduct censorship operations barred by the Constitution for the government to conduct directly. This move comes days after Sen. Elizabeth Warren (D., Mass.) asked Amazon to steer customers to “true” books on subjects like climate change to avoid their exposure to “disinformation.” It also follows YouTube censoring videos of jailed Kremlin critic Alexei Navalny before Russia’s parliamentary elections. The move helped Putin and his authoritarian government crack down on pro-Democracy forces.
Continue reading “Free Speech Immunity: YouTube Bans Channels Airing Criticism of Vaccines”

Enlightened Algorithms: Democrats Call For Increased Corporate Controls To Protect Citizens From Their Own Dangerous Curiosities

Below is my column in USA Today on the recent call by Sen. Elizabeth Warren (D., Mass.) for Amazon to steer readers to “true” books on climate change. It is the latest example of Democrat’s embracing a type of  corporate governance model to carry out tasks barred to the government under the Constitution. Companies are now being asked to protect us from our own dangerous interests and inquiries. An array of enlightened algorithms will now watch over citizens to help them make good choices and read “true” things.

Here is the column: Continue reading “Enlightened Algorithms: Democrats Call For Increased Corporate Controls To Protect Citizens From Their Own Dangerous Curiosities”

Trump and Biden Collide Over Access to Presidential Records

Former President Donald Trump is threatening litigation over the decision of President Joe Biden not to invoke executive privilege over the release of Trump records to a special committee of Congress looking into the Jan. 6th riot in Congress. As I told the Washington Post yesterday, I believe that Congress would be in a stronger legal position in such a court fight. However, there is an unbroken tradition of deference by the incumbent presidents to their predecessors. In the past, incumbent presidents would generally support their predecessors in restricting access, despite partisan differences. While this is a fairly unique circumstance, it appears we may be poised here to shatter that tradition. Continue reading “Trump and Biden Collide Over Access to Presidential Records”

Rep. Nunes Wins Major Victory In Defamation Case Against Ryan Lizza and Hearst

We have been following a slew of defamation lawsuits by political figures over the last few years. (See, e.g., here and here and here and here and here and here and here and here). For torts scholars, it has been a bonanza of interesting issues touching on every element of defamation law. There is now an important ruling out of the United States Court of Appeals for the Eighth Circuit that could have enormous implications not just for the media but anyone who retweets stories or claims. The appellate panel ruled unanimously for Rep. Devin Nunes against journalist Ryan Lizza who now writes for Politico. Nunes will be allowed to litigate his claim that Lizza defamed him by claiming that he secretly moved his farm from California to Iowa and linked the move to the alleged use of undocumented labor. Not only does Nunes have no reported stake or operational involvement with the farm, there is no evidence of his effort to hide the move or conceal any use of undocumented laborers. However, the interesting aspect of the ruling is how a retweet by Lizza resuscitated the case for Nunes. Continue reading “Rep. Nunes Wins Major Victory In Defamation Case Against Ryan Lizza and Hearst”

Clinton Lawyer’s Indictment Reveals “Bag of Tricks”

Below is my column in the Hill on the Sussmann indictment by Special Counsel John Durham. The single charge under 18 U.S.C. 1001 is not as significant as the supporting narrative and facts disclosed by Durham in this prosecution. The indictment fills in a number of blanks in how the Clinton campaign pushed a false Russian collusion narrative despite the objections of its own researchers.

Here is the column: Continue reading “Clinton Lawyer’s Indictment Reveals “Bag of Tricks””

Our Crisis of Faith on Constitution Day

Not long after the ratification of our Constitution, the great Justice Joseph Story marveled “How easily men satisfy themselves that the Constitution is exactly what they wish it to be.” The Constitution is designed to be a type of waltz with a three rather than six-step pattern in our tripartite system of government. Many today however treat it more like an interpretative dance, an invitation for expressive individual moves.  Indeed, in the last few months, President Joe Biden often seems to be dancing alone. The improvisational element to constitutional interpretation reflects more than mere political opportunism. It reflects a crisis of faith on the Constitution Day.

Continue reading “Our Crisis of Faith on Constitution Day”

“What Goes Around Comes Around”: Justice Breyer Again Warns Against Court Packing

Justice Stephen Breyer has been a target of liberal groups for months as billboards and commentators call for his immediate resignation. It has backfired with Breyer pushing back on such pressure and reaffirming that he will stay on the Court so long as he is capable of carrying out his duties. Breyer has also opposed the same groups and a number of leading Democrats pushing for court packing.  Breyer just reaffirmed his position (and that of other justices like the late Ruth Bader Ginsburg) in opposition to court packing.

 

Continue reading ““What Goes Around Comes Around”: Justice Breyer Again Warns Against Court Packing”

Klobuchar Calls For The Killing of Filibuster Despite a Call for its Full Restoration During The Kavanaugh Confirmation

Subpoena Tsunami: House Democrats Issue Hundreds of Secret Subpoenas Targeting GOP Colleagues and Others

Below is my column in The Hill on the subpoena tsunami coming out of the House Select Committee investigating the Jan. 6th riot in Congress. The list of hundreds of targets include not only GOP members of Congress but demands for secrecy from these companies on the identity of targets. Just two months ago, the Democrats denounced such secret orders by the Justice Department as a threat to our civil liberties.

Here is the column: Continue reading “Subpoena Tsunami: House Democrats Issue Hundreds of Secret Subpoenas Targeting GOP Colleagues and Others”

Justified Shooting or Fair Game? Shooter of Ashli Babbitt Makes Shocking Admission

Ashli Babbitt (Twitter)

Here is my column in The Hill on the recent interview of Lt. Michael Byrd who was the hitherto unnamed Capitol Hill officer who shot Ashli Babbitt on January 6th.  The interview was notable in an admission that Byrd made about what he actually saw . . . and what he did not see.

Here is the column:

Continue reading “Justified Shooting or Fair Game? Shooter of Ashli Babbitt Makes Shocking Admission”

Supreme Court Delivers New Rebuke to the Biden Administration in Reinstating the “Remain in Mexico”

The Biden Administration has racked up a long line of losses in federal courts in what is one of the worst records in the first six months of any modern presidency. While most Administrations tend to minimize such test cases to avoid creating bad precedent, the Biden Administration has litigated with an utter abandon — elevating political over legal considerations in litigation. The latest is one of the most disturbing. This week the Supreme Court ruled 6-3 to strike down President Biden’s renewal of the controversial eviction moratorium.  It was the second time that a majority of justices declared the moratorium as unconstitutional but, as in other areas, the Biden Administration has become openly and chillingly dismissive of such legal considerations. Continue reading “Supreme Court Delivers New Rebuke to the Biden Administration in Reinstating the “Remain in Mexico””