MOORE V. WASHINGTON POST: IT IS TIME FOR ROY MOORE TO FULFILL HIS PROMISE AND SUE

220px-Washington_Post_buildingJudge_Roy_MooreBelow is my column in USA Today on the last remaining promise for Roy Moore to fulfill from his campaign: his promised defamation lawsuit.  Unless he and his lawyers were using the pledge to sue as a deflection from the merits of the allegations, it is time for Moore to make good on the promise and file.  Of course, that will subject him to depositions and discovery but, if he is telling the truth, he has little to fear.  In the meantime, I discussed how Gloria Allred suggested that her client will also sue for defamation.  That would also be welcomed, though Allred will have to significantly improve her legal performance for an actual lawsuit as opposed to her disastrous press conference.  Beverly Young Nelson has said that the lawsuit will definitely happen.

Here is the column:

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UK Moves To Make Wolf Whistles and Misogynistic Speech A Hate Crime

Metropolitan_Police_FlagWe have previously discussed the alarming rollback on free speech rights in the West, particularly in France (here and here and here and here and here and here) and England ( here and here and here and here and here and here and here and here and here and here). Much of this trend is tied to the expansion of hate speech and non-discrimination laws. Once allowed to criminalize speech, individuals and groups demand more and more prohibitions.  England is in a free fall over free speech and this week is yet another example.  The police have indicated that they are considering making wolf whistles the latest category of hate speech.  

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A Question of Contempt: It Is Time For Congress To Enforce Its Oversight Authority

800px-Capitol_Building_Full_ViewBelow is my column in the Hill Newspaper on the surprising move of the Republican House of Representatives toward a contempt action against officials in the Trump Administration.  While some have called for the appointment of a second special counsel to investigate the dossier controversy, I continue to question the necessity of such an appointment even though I believe that there is a need for an investigation.  I believe that Congress can fully investigate the allegations of political influence in the federal investigation into the matter.  However, that will only be the case if congressional committees can secure the information that they require (and are entitled to) as part of their oversight authority.  Any such effort will have to deal with a long history of contempt by the Justice Department for congressional oversight investigations.

Here is the column:

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Moore: Getting Rid of All Of The Amendments After The 10th Amendment Would “Eliminate Many Problems”

Supreme Court Reinstates The Trump Travel Ban In Full Depending Appeal

 court_front_medYesterday, the Trump Administration secured two clear victories after the United States Supreme Court issued two orders lifting the lower court injunctions imposed on the travel ban.  I have written repeatedly on the travel ban (here and here and here and here and here and here and here and here) and my view that the case law supported the Trump Administration.  I thought that the appeal that reached the Supreme Court on the second round seemed likely to succeed while the third round was even stronger for the Administration.  The Administration had already secured an order with the Ninth Circuit reversing the trial courts in critical respects.  Now the Supreme Court restored the travel ban in its entirety pending appeal.  The orders issued shortly before appellate arguments on the merits this week is a further indication that the Administration is likely to prevail on the merits.  Indeed, while the orders do not dictate an outcome, they send a strong message to the lower courts on the skepticism of the Court.

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Mueller Moves To Block Manafort Release From Home Confinement Over Drafting Of An Opinion Piece

440px-Director_Robert_S._Mueller-_III-1Former Donald Trump campaign chairman Paul Manafort has reportedly scuttled his own deal to secure release from home confinement under a deal Manafort with prosecutors.  Prosecutors learned (from an unspecified source) that Manafort was working with a ghostwriter on an opinion piece on his case.  The second man reportedly had ties to Russian intelligence — hardly ideal for a man at the center of the Russian investigation. The work was deemed to be in violation of a court order for all parties to refrain from “trying the case in the press.” However, the order raises a long-standing question of the need and constitutionality of orders limiting the free speech of defendants and counsel.  While once the exception, gag orders have become the rule with many judges.  Yet, Manafort is presumed innocent and the order prevents him from responding to those questioning his loyalty and honesty.

 

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From Katz To Carpenter: The Supreme Court Hears Case That Could Gut Privacy In the United States

CellPhoneSupreme CourtBelow is my column in the Hill Newspaper on the case this week before the Supreme Court on cellphones and privacy.  As discussed below, the government’s argument in Carpenter v. United States represents one of the greatest threats to privacy in a generation.  One promising sign is that Justice Neil Gorsuch seemed to be siding with privacy in his questions during oral argument.

Here is the column:

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