Category: Constitutional Law

Federal Judge Upholds Harvard’s Race-Based Admission Criteria

As previously discussed the controversy over the race-based criteria used Harvard University’s undergraduate admissions program and whether it discriminates against Asians. Not only do the criteria limit Asian-American students to 20 percent of the class but the plaintiffs alleged that such students are routinely given low scores on “personal ratings” to further reduce their admission numbers. U.S. District Judge Allison Burroughs in Boston has now rejected those claims and upheld the admissions criteria, writing in the 130 page opinion that “The court will not dismantle a very fine admissions program that passes constitutional muster, solely because it could do better.” This case could prove a major new challenge to race-based admissions as it now works up to the court of appeals.

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Report: Trump Allegedly Suggested Shooting Migrants In The Legs And Building A Moat

The New York Times is reporting that, based on interviews with more than a dozen White House officials involved with a meeting in March, President Trump suggested shooting migrants in the legs to slow them down. When cabinet members told him that his some of his proposals were illegal, Trump reportedly yelled “You are making me look like an idiot!. I ran on this. It’s my issue.” The paper also alleges that Trump suggest a moat filled with snakes or alligators. The sheer number of sources is illuminating in this story. There has always been a surprising number of leakers in this White House but the numbers appear to be growing.

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Trump “Trying To Find Out” Identity Of Whistleblower Despite Federal Law

In a continuing failure to respect the spirit and letter of the whistle-blower law, President Donald Trump said on Monday that he was “trying to find out” the identity of the whistle-blower who accused him of using military aid to pressure a foreign government to investigate his political rival. Once again, there is no need for such a highly inappropriate effort. This is part of an impeachment inquiry, and the witness is likely to appear before Congress. However, the whistle-blower law — and good policy — protects the identity of such staff members. Trump previously had compared the whistle-blower to a spy — an accusation that was clearly threatening and improper.

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Trump Warns Of “Civil War” And Calls For Schiff To Be Questioned For Treason

This is not helping. President Donald Trump continued a tweet tirade against the impeachment investigation today, including quoting a highly controversial pastor in his warning that removal of Trump would spark a “Civil War.” Equally disturbing was Trump’s call to have the whistleblower brought to him and for Intelligence Committee Chair Adam Schiff to be questioned for possible treason.

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Lord of War: A Senate Trial Could Be Exactly What Trump Needs

Below is my column in the Hill newspaper on the prospect of a Senate impeachment trial for President Donald Trump. While Speaker Nancy Pelosi said Sunday that she is “heartbroken” and “prayerful” over the prospect of impeaching Trump. Whether those are crocodile or heartfelt tears, Pelosi may have to worry more about another possibility: this could be the trial that Donald Trump has long wanted, including the prospect of calling Joe Biden as his first witness.

Here is the column:

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Polish Gay Pride Marchers Refuse To Yield To Violent Attacks

It a tremendous show of courage, Polish Gay Pride marchers refused to be deterred by a hostile city government in Lublin and a violent crowd of counter protesters to hold their first parade. Notably, a court rejected the claim of the mayor that he was cancelling the parade because of security concerns. That is the excuse used by universities like DePaul to cancel conservative speakers, but the court found that it was just an excuse to bar the controversial parade.

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You Want Impeachment? Find A Quid To Go With The Pro Quo

Below is my column in the Hill newspaper on the implications of the still developing Ukraine story. The testimony yesterday and release of the information on the complaint still lacks the critical nexus needed for a public corruption crime. If you establish the basis for such a crime, then the use of the separate server becomes a serious problem as covering up a crime. But you still need a crime. Otherwise, Trump can argue that he had been the victim of leaks about diplomatic calls and they took the step to better control access to such information. So, if you want impeachment, find the quid.

Here is the column:

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MSNBC Cuts Off Presidential Press Conference Because “The President Isn’t Telling The Truth”

Yesterday, there was an extraordinary — and defining — moment on MSNBC when host Nicole Wallace cut off coverage of President Trump’s press conference on the basis that the network did not agree with what he was saying about Joe Biden and his son’s controversial windfall contract with a Ukrainian energy company during the Obama Administration. Wallace simply declared Biden was cleared and that Trump was lying so there was no need for viewers to listen. It ignored any semblance of covering the news and MSNBC appears perfectly okay with a host regulating what viewers believe based on her view of what is true.

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Turley To Speak At Biometic Conference

It is my great pleasure to give a keynote speech at the Federal Identity Conference in Tampa, Florida today — an international gathering of government, private, and academic experts in the field of biometric technology. I will be presenting material from two forthcoming law review articles on privacy in the biometric age. I will be speaking at the Tampa Convention Center at 10:15 am.

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Transcript: Trump Asks For “Favor” in Investigating The Bidens But Stops Short Of A Quid Pro Quo

The release of the transcript of the conversation of President Donald Trump and Ukraine President Volodymyr Zelenskiy falls a quid short of a pro quo but still raises troubling questions. As I have discussed on CBS and BBC, the transcript shows that Trump never expressly tied military aid to the “favor.” However, he does push his counterpart to reopen the investigation and even promises to put together a call with his private counsel Rudy Giuliani and Attorney General Bill Barr. However, the Justice Department has released a statement that Barr was not informed of the call by Trump and never spoke with the Ukrainians. While Republicans have called the release of the transcript as a mistake, I believe credit again should be given for the waiver of executive privilege. As with the Mueller report, the White House erred on the side of transparency and that should be noted. There remains a serious question for Congress to investigate but the transcript does not establish the quid pro quo that is practically needed for a compelling case of impeachment.

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Report: Trump Froze Military Aid Shortly Before Ukrainian Phone Call Asking For An Investigation Of Joe Biden And His Son

Calls for impeachment are rising on Capitol Hill as more details emerge from a call by President Donald Trump to Ukrainian President Volodymyr Zelensky in which he repeatedly asked for the investigation of Joe Biden and his son, Hunter Biden. Now, reports indicate that Trump froze roughly $400 million in military aid shortly before the call. The timing could reinforce arguments of an implied or express quid pro quo arrangement. Update: Trump confirmed that he ordered the withholding of funds.

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Weld: Trump Guilty Of Treason

Former Massachusetts Gov. Bill Weld, who is running against President Trump in the Republican primaries, drew headlines on Monday by declaring that Trump’s call to Ukrainian President Volodymyr Zelensky asking for an investigation of Joe Biden and his son constitutes treason. Indeed, the normally circumspect Weld, said that Trump could be executed for his conversation. The claim is wildly off base. The call could theoretically be criminal if, as I have written recently, there were a quid pro quo or suffice as an impeachable offense. That will depend on the facts that unfold in the coming weeks. However, it achieves nothing to escalate the debate far beyond the reasonable interpretation of the criminal code.

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Pelosi’s Nightmare: The Democrats Stumble Over Potentially Impeachable Offense

Below is my column in the Hill on the implications of the controversy over the call of Donald Trump to the President of the Ukraine. Trump has now admitted to asking for the investigation of Joe Biden and his son, Hunter. As predicted in this column, the Democratic leadership has struggled to dampen calls for an impeachment, including the effort of Nancy Pelosi to call for legislation on indicting a sitting president. Of course, not only do many of us believe that you can indict a sitting president, but the legislation is utterly irrelevant to question of impeachment. Not surprisingly, the pressure is building after years of claiming the desire, but not the grounds, for such an impeachment.

Here is the column:

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Trump: I Cannot Be Criminally Investigated While In Office

In another extreme and dubious argument in court, President Donald Trump has gone to court against to block Manhattan District Attorney Cyrus Vance from gaining access to his tax returns. The President’s resistance to disclosing his taxes is now legendary, including differing excuses. However, this 20-page filing contains a particularly disconcerting argument that Trump cannot be criminally investigated while he is in office. It is an argument that has little support in either the text of the Constitution or cases dealing with Article II.

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Report: Trump Was Subject of Whistleblower Complaint Over Security Threat

Congress and the White House are in a standoff after the Administration refused to disclose a whistleblower complaint to the Inspector General over a national security breach — a complaint that under federal law is to be supplied to Congress. There is now a Washington Post report that the Complaint concerns a “promise” made by President Donald Trump to a foreign leader that was considered so serious that it prompted an intelligence official to file the complaint and prompted the Inspector General to declare the matter an “urgent concern.” Trump has been previously criticized for disclosing classified information, including a serious breach in a meeting with Russian officials.

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