Category: Constitutional Law

California Woman Hit With $35 Million Bail . . . Friends Pony Up Roughly $70 Million

CBS may be the “Tiffany Network” but the Tiffany Li network appears far more flush these days.  CBS is reporting that Li was given a $35 million bail for her alleged murder of her husband, Keith Green.  That is an amount clearly intended to put release beyond the reach of anyone, but Li’s friends have ponied up the full amount. It just might be the largest bail of its kind.

Continue reading “California Woman Hit With $35 Million Bail . . . Friends Pony Up Roughly $70 Million”

“I Know Nothing About This”: Rice Accused Of Ordering Unmasking Of Trump Aides and Then Lying About Her Knowledge [UPDATED]

Susan_Rice,_official_State_Dept_photo_portrait,_2009donald_trump_president-elect_portrait_croppedI have written about my mixed views of coverage of President Donald Trump. On one hand, he has caused much of the negative coverage with sensational and insulting tweets — as well as unforced errors by his White House staff.  On the other hand, I have never seen more biased coverage by some major outlets which fail to offer counterarguments in favor of Trump or ignore developments supporting his claims.  The recent disclosure that the unmasking of Trump aides may have been ordered by President Barack Obama’s national security adviser Susan Rice is a case in point.  The most recent story was published by Bloomberg News. The startling disclosure was all but ignored by major outlets and networks or given only passing attention.  As I have said on air, the unmasking allegation is a serious one and it is made all the more serious by the denials of Rice that she had any knowledge of any unmasking. [Update:  Rice has gone on air and, while refusing to address the requests to unmask these individuals, she insisted that such requests are not unusual and, if done, were not done for political purposes.  She did not deny that she was indeed the person asking for the unmasking of the individuals.]

Continue reading ““I Know Nothing About This”: Rice Accused Of Ordering Unmasking Of Trump Aides and Then Lying About Her Knowledge [UPDATED]”

Textualists and Originalists Are Again AWOL in Wars on Syria and Yemen

donald_trump_president-elect_portrait_cropped220px-B-2_spirit_bombingBelow is my recent column in The Hill Newspaper on the increased U.S. involvement in the fighting in Syria and Yemen.  As usual, there is little concern (beyond Sen. Rand Paul) over the sending of troops into foreign conflicts without congressional approval or anything resembling a specific declaration of war.  Indeed, when members insist that modern national security threats do not make specific declarations or authorizations practical, they sound much like “living constitution” advocates.  Yet, we have now engaged in hundreds of military actions with only a small number of declarations and a small percentage of authorizations.  As the Framers feared, war has become a continual and unilateral exercise of executive authority.

Continue reading “Textualists and Originalists Are Again AWOL in Wars on Syria and Yemen”

Pakistan Reportedly Moving Toward Compulsory Study Of The Quran For Both Private and Public Schools

Flag of PakistanWhile the United States government often discusses the threat of Iran in spreading Islamic extremism, it is often silent on the same influence of our close allies in Saudi Arabia, Pakistan, and other countries.  Pakistan is reportedly moveing to eviscerate any remaining separation of mosque and state buy making Quran education compulsory in not just public but private schools.

Continue reading “Pakistan Reportedly Moving Toward Compulsory Study Of The Quran For Both Private and Public Schools”

California AG Charges Pro-Life Activists With 15 Felony Counts In Troubling Prosecution

We recently discussed the shocking effort by a California Democratic legislator to curtail free speech in a reckless effort to combat “fake news.”  Now the Democratic California Attorney General Xavier Becerra has brought an equally chilling criminal case against two anti-abortion activists responsible for the videotapes that triggered national protests against Planned Parenthood.  The 15 felony counts against  David Daleiden and Susan Merritt are breathtaking and even warranted a rebuke from the Los Angeles Times.  The prosecution could represent a radical shift toward prosecuting activists from environmentalists to animal right activists to pro life/pro choice protesters in their effort to record alleged abuses or violations.

Continue reading “California AG Charges Pro-Life Activists With 15 Felony Counts In Troubling Prosecution”

In Like Flynn? General Reportedly Offer To Testify In Exchange for Immunity

Washington is abuzz with the news that former national security adviser Michael Flynn has offered to cooperate with congressional investigators in exchange for immunity from prosecution. The offer was reportedly made by his lawyer to both the FBI and Congress.  This has triggered a gleeful media frenzy as commentators hold forth on what damaging information Flynn might offer in exchange for immunity.  However, the offer could also reflect a general preference of lawyers for immunity before allowing their clients to face potentially wide ranging interrogations or testimony. Update: President Trump has said that Flynn should demand immunity.

Continue reading “In Like Flynn? General Reportedly Offer To Testify In Exchange for Immunity”

California Politician Seeks To Radically Curtail Free Speech To Combat “Fake News”

Chau_headshotCalifornia Assemblyman Ed Chau (Democrat, Monterey Park) appears to be finally running into opposition over one of the most chilling, anti-speech pieces of recent years.  Chau is trying to criminalize “fake news” and in the process would curtail free speech for everyone from parodies to comedies to opinion writers.  He is the latest example of how some of the greatest threats to free speech around the Western world today appears to be coming from the left of the political spectrum from speech restrictions on campuses to new criminal laws on inciteful or intimidating speech.

Continue reading “California Politician Seeks To Radically Curtail Free Speech To Combat “Fake News””

Can Yates Testify Without Violating Privilege or Ethics Rules?

sally_q-_yatesI previously discussed the dubious decision taken by former Acting Attorney General Sally Yates to order the entire Justice Department to stand down and not to assist the president in the defense of his first executive order on immigration. In a letter to the president, Yates said she was not convinced that the law is just or right. Yates effectively dared Trump to fire her over the immigration order and he did so.  Now Yates has volunteered to testify before the House Permanent Select Committee on Intelligence — a hearing that was abruptly cancelled by its Chairman.  Such an appearance is relatively rare and fraught with difficult constitutional and ethical questions for Yates. She would be testifying  in the committee’s investigation into Russian interference in the presidential election.  However, she is testifying as someone who was recently in a prosecutorial position about subjects related to an ongoing investigation where no one has yet to be indicted.  Even if she can manuever around the privilege issues, she could raise serious ethical issues with her testimony.

Continue reading “Can Yates Testify Without Violating Privilege or Ethics Rules?”

John Yoo and Jonathan Turley To Debate War Powers


Jonathan-Turley-e1416865770538I will be again debating Berkeley Law Professor and former Bush official John Yoo on war powers.  This will be our third debate on the subject and will be held in Washington, D.C. at George Washington University.  The event will be held on Wednesday at noon in the Moot Court Room at the law school.

Continue reading “John Yoo and Jonathan Turley To Debate War Powers”

Group Calls for Prosecution of Muslim Cleric After He Reads Passage Calling For The Killing Of Jews

There is a controversy in Montreal where Jordanian cleric Sheikh Muhammad bin Musa Al Nasr was invited to speak at the Dar Al-Arqam Mosque and quoted a version calling for the killing of Jews.   The imam recited in Arabic the verse: “O Muslim, O servant of Allah, O Muslim, O servant of Allah, there is a Jew behind me, come and kill him.”  People have called for his prosecution for hate speech, rekindling the debate over Canada’s roll back of free speech with hate speech and discrimination laws. Continue reading “Group Calls for Prosecution of Muslim Cleric After He Reads Passage Calling For The Killing Of Jews”

THE SENATE SHOULD CONFIRM JUDGE NEIL M. GORSUCH

Below is my latest column in USA Today on the nomination of Judge Neil M. Gorsuch to the United States Supreme Court.  I testified last week on the nomination before the Senate Judiciary hearing.  I was particularly pleased that one of the other witnesses that day was a GW graduate: Karen Harned (Executive Director, National Federation of Independent Business Small Business Legal Center. Karen has quickly become a leader in Washington on legal and policy matters impacting businesses.  Since the hearing (and publication of this column), the Democrats have indicated that they are preparing for a filibuster.  (My colleague Dick Pierce has an interesting column opposing such a move).

 

As I stated at the hearing, I disagree with some of Judge Gorsuch’s opinions but I believe that he is eminently qualified for the Supreme Court. I am particularly disturbed by some of the attacks on his writings on major issues of our time.  While many lawyers in Washington pathologically avoid any statements or writings on controversial subjects in the hope for government appointments, Gorsuch actively participated in the national debate and contributed interesting perspectives on those questions.  He refused to remain a pure pedestrian as others debated issues like euthanasia.  He should not be penalized for doing so.  One can disagree with his perspective but his analysis is uniformly probative and at times profound.

Continue reading “THE SENATE SHOULD CONFIRM JUDGE NEIL M. GORSUCH”

Federal Court Rejects Challenge To Trump Immigration Order

Virginia-easternIn a 32-page opinion, United States District Judge Anthony Trenga has rejected the challenge to the second immigration order of the Trump Administration.  Trenga in the Eastern District of Virginia found that the challengers in Linda Sarsour v. Donald Trump — were not likely to succeed in their challenge to the March 6 executive order.  The ruling is similar to the rejection of a Boston court in the first immigration order.  It is also very different in tone and analysis from the decision of Judge Brinkema in this same Virginia district, granting a temporary restraining order in the review of the first immigration order.

Continue reading “Federal Court Rejects Challenge To Trump Immigration Order”

Texas Woman Confesses To Lying About Being Gang Raped By Three Black Men

breana-harmon-talbott6Breana Harmon Talbott, 19, is facing criminal charges after creating panic in Denison, Texas over her claim that she was kidnapped and gang raped by three black men.  She has reportedly admitted to an elaborate hoax, including a staged crime scene and self-inflicted injuries.

Continue reading “Texas Woman Confesses To Lying About Being Gang Raped By Three Black Men”

TURLEY TESTIFIES IN SENATE GORSUCH CONFIRMATION HEARING

This morning I will testify at the confirmation hearing on the nomination of the Hon. Neil Gorsuch to the United States Supreme Court.  The hearing will commence around 9 am at the hearing room of Hart 216. Ironically, it is the same room that I litigated much of the Porteous impeachment case before final arguments before the 100 Senators on the Senate floor.  Below is my written testimony. Continue reading “TURLEY TESTIFIES IN SENATE GORSUCH CONFIRMATION HEARING”

Hampshire College Student Allegedly Assaults Basketball Players For Wearing Braids As A Form Of Cultural Appropriation

Hampshire-college-logoWe have seen rising violence and intolerance on our colleges and universities as some students seek to prevent speakers and claim an ever-widening array of “microaggressions”  and cultural appropriations.  The latest occurred during a basketball game where a player was attacked due to wearing braids that 20-year-old Hispanic student, Carmen Figueroa, claimed to be cultural misappropriation.

Continue reading “Hampshire College Student Allegedly Assaults Basketball Players For Wearing Braids As A Form Of Cultural Appropriation”