Category: Congress

Crisis of Faith: Politicians and the Press Escalate Attacks on the Legitimacy of the Supreme Court

Below is my column on the growing attacks on the legitimacy of the Supreme Court after the decision to overturn Roe v. Wade. As the Court ends its term, Democratic leaders are calling for removing justices, packing the Court, and other extreme reactions to the decision in Dobbs v. Jackson Women’s Health Organization.

Here is the column:

Continue reading “Crisis of Faith: Politicians and the Press Escalate Attacks on the Legitimacy of the Supreme Court”

Fast and Curious: Kinzinger Holds Up Eric Holder As Paragon of Integrity and Independence in an Attorney General

The hearings on January 6th have had many riveting moments where former Trump officials detailed their efforts to convince former president Donald Trump that legal and factual claims of a stolen election were unfounded and unsupportable. From Vice President Michael Pence to Attorney General Bill Barr to an array of Justice and White House lawyers, there were many profiles of courage that emerged from the testimony. There have also been glaring disconnects like Chairman Bennie Thompson (D-Miss.) chastising those who refused to accept the results of the 2020 elections and sought to challenge the certification in Congress. Thompson challenged the election of George W. Bush. (His fellow Committee member Rep. Jamie Raskin (D-Md.) sought to challenge Trump’s certification in 2016),  However, one of the most glaring disconnects came yesterday when Rep. Adam Kinzinger (R-IL) cited former Attorney General Eric Holder as an example of the ideal of an apolitical and independent Attorney General. Holder was one of the most political attorneys general in history and Kinzinger previously denounced him for his abuse of office as a partisan. He was held in contempt over his obstruction of the Fast and Furious investigation.

Continue reading “Fast and Curious: Kinzinger Holds Up Eric Holder As Paragon of Integrity and Independence in an Attorney General”

Democratic Member Calls for Justice Thomas to Resign Over Wife’s Activism

Rep. Bill Pascrell (D-N.J.) has joined the call for Supreme Court Justice Clarence Thomas to resign due to the communications of his wife, Virginia “Ginni” Thomas, with lawyer John Eastman supporting the certification challenge. It is still unclear what that email contains, but Ginni Thomas was a vocal supporter for former President Donald Trump in both public and private. Pascrell called Thomas “a corrupt jurist” and said that he could not be considered “neutral” given the fact that his wife is a political activist. Pascrell’s demand comes after Sen. Sheldon Whitehouse called for an investigation into the matter. The demand is entirely without legal or ethical merit absent new evidence that Justice Thomas himself engaged in political advocacy while ruling on related cases. Continue reading “Democratic Member Calls for Justice Thomas to Resign Over Wife’s Activism”

Schiff: House Select Committee Has Evidence That Trump “Engaged in Likely Multiple Criminal Acts”

Representative Adam Schiff (D-CA) went on CNN’s “Don Lemon Tonight” to tout the work of the House Select Committee investigating the Jan. 6th riot. In that interview, Schiff declared that the Committee has enough evidence showing former President Donald Trump “engaged in likely multiple criminal acts.” While vague on the specific crimes, Schiff emphasized that the Justice Department did not have to wait any further to launch a criminal investigation based on what has already been disclosed. While the Committee has disclosed new evidence in the form of videotapes and testimony, it has not presented new material evidence of criminal acts in my view. That could still come but the first two hearings largely focused on a “conspiracy” to challenge the election certification and allegations that Trump knew that there was no compelling evidence of widespread election fraud.

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Pelosi’s Court: How the Jan. 6 Committee Undermined its Own Legitimacy

Below is my column in The Hill on the January 6th Committee hearings and how the Democrats undermined the legitimacy of their investigation by breaking the long tradition of bipartisan and balanced membership on such special committees. Many of us support the effort to release more information and evidence on what occurred on that day. However, Speaker Nancy Pelosi decided to forego even the pretense of a bipartisan and full inquiry.

Here is the column:

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“An Absolute, Shameless, and Soulless Lie”: Republican Lashes Out at Liz Cheney for Pardon Accusation

There is an interesting initial battle brewing over an accusation made by Rep. Liz Cheney during the first public hearing of the House select committee investigating the Jan. 6, 2021 riot. Cheney called out Pennsylvania Republican Rep. Scott Perry by name as seeking a pardon from former President Trump for his involvement in post election challenges. However, Perry has denounced the accusation, stating on Twitter that “[t]he notion that I ever sought a Presidential pardon for myself or other Members of Congress is an absolute, shameless, and soulless lie.”

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Goodbye CRT, Hello GRT: Democrats Link Opponents to Terrorists Through the ‘Great Replacement Theory’

Below is my column in the Hill on the new Democratic campaign to link criticism of illegal immigration to domestic terrorism. The effort is to make the Great Replacement Theory (GRT) a new catchphrase against political and media opponents. However, the effort to make GRT the new CRT is not gaining traction. The reason is that GRT sweeps broadly to include commentary on both the left and right.

Here is the column:

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Turley Testifies in the Senate on Domestic Terrorism

This morning I will be testifying before the Senate Judiciary Committee on the expansion of domestic terrorism investigations. The hearing is titled “Examining the ‘Metastasizing’ Domestic Terrorism Threat After the Buffalo Attack” and will begin at 10 am in the Hart Senate Office Building (Room 216). The written testimony is linked below.

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Subpoena Wars: Washington is on a Path to Mutually Assured Destruction

Below is my column in The Hill on the subpoena war raging in Washington as the Jan. 6th Committee prepares for its first public hearings this week. This weekend, the Justice Department announced that it would not be prosecuting former chief of staff Mark Meadows and social media director Dan Scavino. As noted below, they took a wiser course of limited cooperation. The refusal to prosecute triggered a backlash from Rep. Adam Schiff who wanted to see more criminal charges out of the Biden Administration.

Here is the column: Continue reading “Subpoena Wars: Washington is on a Path to Mutually Assured Destruction”

President Biden Repeats Dubious Claim About the Assault Weapons Ban

We previously discussed how President Biden continues to repeat the same false statements about bans on weapons when the Second Amendment was ratified. However, he also repeated another dubious claim this weekend. The comments have received considerable coverage after the President seemed to target 9mm guns for possible legislative bans, stating that “high-caliber weapons” like the 9mm handgun should not be needed and told the public that “a .22-caliber bullet will lodge in the lung, and we can probably get it out — may be able to get it and save the life. A 9mm bullet blows the lung out of the body.” Critics pushed back on that claim, but such statements can be written off as part of the hyperbolic rhetoric surrounding gun rights and gun control. Yet, he made a separate factual claim about the record of the earlier assault weapons ban that is more questionable. Continue reading “President Biden Repeats Dubious Claim About the Assault Weapons Ban”

Showdown on the Second Amendment: Harris Calls for Ban on “Assault Weapons”

We recently discussed how President Joe Biden has not only repeated false statements about the history of the Second Amendment, but has failed to acknowledge the limits imposed by the Second Amendment in calling for a crackdown on “assault weapons.” He recently has not, however, called specifically for a ban, which would run into serious constitutional challenges. Now Vice President Kamala Harris has taken that step forward in demanding a ban on “assault weapons.” (Notably, this week, a Republican house member also came out in favor of a ban on “assault weapons.”)

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The GW Commencement Controversy: A Response To Rep. Susan Wild

This weekend, I was unable to attend our law school graduation after traveling to Utah to speak to the Federal Bar Association. I have only missed a couple of graduations in almost 30 years of teaching. I soon, however, received emails from students and colleagues that made me somewhat thankful that I was unable to attend.

This year’s commencement speaker was Rep. Susan Wild (D) who represents the 7th District in Pennsylvania and is a distinguished graduate of our law school. Wild chose the commencement address to launch into a personal attack that accused me of being an example of the use of law for “wrongful ends.” She falsely accused me of changing a critical legal point in my testimony in the Clinton and Trump impeachment hearings on whether impeachable conduct must be indictable crimes. I felt that a response was warranted. Continue reading “The GW Commencement Controversy: A Response To Rep. Susan Wild”

McConnell: Federal Abortion Ban is “Possible” if Court Strikes Down Roe v. Wade

Senate Minority Leader Mitch McConnell told USA Today this week that it is “possible” that Congress could pass a national ban on abortion if the leaked draft opinion overturning Roe v. Wade is finalized. In the interview, McConnell confirmed that there would be nothing standing in the way of such national legislation. McConnell did not say that he was calling or planning for such a vote. He was stating that it would be legally possible if Roe is overturned. However, such a vote would leave the position of the GOP in an incomprehensible morass on its views in the area. For decades, Republicans have insisted that this issue is a state, not a federal, matter. It could also raise some difficult constitutional questions under federalism.

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No, Justices Did Not Commit Perjury in Their Confirmation Hearings When Asked About Roe

The response to the leaked draft opinion overturning Roe v. Wade has unleashed a torrent of outrage on the left. While many are calling for marches and sweeping new legislation, some are focused on calling out the justices in the majority for alleged “perjury” or “lying” in their confirmation hearings, particularly Justices Samuel Alito, Brett Kavanaugh, and Neil Gorsuch. In reality, they did not lie in testimony in referencing Roe as established precedent.  The suggestion of perjury is utter nonsense. Continue reading “No, Justices Did Not Commit Perjury in Their Confirmation Hearings When Asked About Roe”

Destroying Democracy to Save it? Court Advances Effort to Block GOP Candidates from Ballots

Below is my column in the Hill on the recent decision of a federal judge to allow a challenge to Rep. Marjorie Taylor Greene (R., Ga.) from appearing on the ballot as an insurrectionist. In my view, the underlying claim is meritless. The theory, supported by figures like Harvard Professor Laurence Tribe, runs against the clear language and history of the Disqualification Clause of the 14th Amendment.

Here is the column:

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Res ipsa loquitur – The thing itself speaks