The National Constitution Center and the Old Parkland Debate Series has announced that a debate will be held on November 12th between George Washington Professor Jonathan Turley and CNN senior legal analyst Jeffrey Toobin on impeachment. The debate will occur a week after the 2018 midterm elections and many have called for the impeachment of both President Donald Trump and Judge Brett Kavanaugh following a Democratic takeover of the United States House of Representatives. The debate question is: Resolved, the framers designed impeachment as a political, rather than a legal process. Toobin will argue that the Framers intended impeachment to be a political judgment while Turley will argue that the Framers intended more of a legal judgment. Turley was the last lead counsel in an impeachment trial in the Senate and Toobin previously worked for Independent Counsel Lawrence E. Walsh.
Continue reading “Turley and Toobin To Debate Impeachment In Dallas After Midterm Election”
Sen. Jeff Merkley (D-Ore.) 
For a week, a scandal has grown over an anonymous accusation against Supreme Court nominee Brett Kavanaugh. 
Below is my column in The Hill newspaper on the rising pressure on Sen. Susan Collins over her vote on Supreme Court nominee Brett Kavanaugh. There is considerable anger over Collins maintaining that she would never vote for a nominee hostile to Roe v. Wade but refusing to acknowledge the widespread view of Kavanaugh as not only hostile to the reasoning of Roe but appointed by a president who promised only to nominate an anti-Roe justice. As with Neil Gorsuch, Collins appears inclined to vote for Kavanaugh despite her oft-repeated pledge. She insists that she is comfortable after Kavanaugh told her that Roe is “settled” law. However, many have put Collins’ position as falling somewhere between hopeful thinking and willful blindness. As discussed below, the unsettling thing about settled law is that only five votes make anything truly settled on the Court.
I will have the pleasure of participating in the annual Supreme Court review today previewing the upcoming October term. The other panelists will be former Solicitor General Gregory Garre, NAACP Legal Defense and Educational Fund President and Director-Counsel Sherrilyn Ifill. Associate Dean (and Supreme Court litigator) Alan Morrison will moderate the panel.
Yesterday, we 
Below is my column in The Hill newspaper on the Kavanaugh confirmation hearing and the opening statement of Sen. Sheldon Whitehouse attacking the conservatives on the Supreme Court as a virtual ideological cabal. I have always found Whitehouse an articulate and insightful member of the Congress. He was not alone in these attacks. However, I found the attack on the current justices to be unwarranted and distorted. There is a tendency when you disagree with a decision like Hobby Lobby to conclude that the motivations of the justices must therefore be raw politics. The possibility that the justices, including Justice Kennedy, are following a coherent jurisprudential view is dismissed in favor of partisanship.
There is an interesting 
Below is my column in the Hill newspaper on the controversial statements of the judge presiding over the trial of Paul Manafort, the former Trump campaign chairman. Judge T.S. Ellis III has raised growing concerns over his comments in court, particularly before the jury.
Below is my column in the Hill newspaper on the calls for the impeachment of Deputy Attorney General Rod Rosenstein. While the key sponsors have indicated that they may be willing to delay this effort, many continue to advocate for a vote on articles of impeachment. 
Below is my column in the Hill newspaper on release of the first Cohen tape and rumored seizure of many more such tapes by federal prosecutors. I have previously stated that the secret taping of Donald Trump was, in my view, flagrantly dishonest and disloyal in dealings with a client. While the American Bar Association relaxed the rule against secret taping from being per se unethical, few lawyers would contemplate what Cohen did to his client. Indeed, New York is a jurisdiction that looks with disfavor on such taping as a routine matter. Unless done for some clear societal benefit, it is a serious potential unethical act. Michael Cohen continues to be an embarrassment to the profession in his low level of legal judgment and even lower professional standards of conduct.
I have the honor of giving a keynote address to the Ninth Circuit Judicial Conference in Anaheim, California this morning. The presentation at 10:30 am at the Marriott Anaheim is entitled “The Rise and Fall of Free Speech In the West.” 
MGM Resorts International has gone to an extraordinary point to forum shop for more sympathetic judges: it is actually