
The media coverage of the scandal involving Liberty University President Jerry Falwell Jr. has been overwhelming. That is to be expected. An evangelical figure leaves his post at a religious university after a photo with his pants unzipped on a yacht owned by a Nascar mogul who received lucrative deals with the university. Then came the allegations of Giancarlo Granda that he had a long time sexual relationship with Falwell’s wife Becki and Rev. Falwell liked to watch the sexual trysts. Falwell has alleged that Granda was extorting money. Michael Cohen, the thuggish former counsel for President Donald Trump, is even involved. In this tsunami of coverage, the interesting element is the one that is missing: no one has threatened a defamation action. Such a lawsuit could raise some interesting issues under the common law. Continue reading “The Falwell Fiasco and the Curious Absence of a Defamation Lawsuit”
Among those arrested this week in Portland is an Oregon professor,
We have been 
Below is my column in the Hill newspaper on what stood out in the Democratic National Convention in terms of the future for the Justice Department under a possible Biden Administration. I have been highly critical of President Donald Trump’s treatment of the Justice Department and his disregarding of the principles of separation of the White House from ongoing investigations. Critics however often seem to embrace the seem disregard for core, defining principles of legal process. Highlighting the message of Sally Yates and Kamala Harris on justice issues is discomforting for those of us who want to see the Justice Department’s independence and objectivity respected and reinforced.
We have previously discussed rising cases of politically motivated violence, including
There is an interesting controversy in Salt Lake City this week where police are investigating whether
We have previously discussed crimes that are just dumbfoundingly dumb like the 
When I
Where Shakespeare is credited in writing “Much To Do About Nothing,” the Senate may have achieved credit for writing “nothing about much.” It is remarkable about how comparably little can be said in 1000 pages. The Senate Intelligence Committee released
Recently, I
Below is my column in the Hill on the announced criminal plea by former FBI lawyer Kevin Clinesmith and the continued calls by Democratic leaders to end the John Durham investigation. This week I
There was a curious moment this weekend when a member of Congress, Rep. Bill Pascrell (D., N.J.) called upon New Jersey Attorney General Gurbir Grewal to use a grand jury to investigate criminal charges against President Donald Trump and U.S. Postmaster General Louis DeJoy for “the subversion” of the upcoming election. From a Madisonian perspective, a member of Congress calling for a grand jury to investigate wrongdoing by a federal agency is like a NASA calling up NOAA to explore Mars. Pascrell is a sitting member in a house, controlled by his own party, with the constitutional authority of oversight over the postal service. Our system of separation of powers commits this question to the political branches rather than criminalizing political disputes.
Three years ago, I wrote