Published October 2001
THERE is an interesting by-product of the bombings on September 11, 2001 that seems to be sweeping the country. In universities and the media, people are learning about Al-Qaida and their religious philosophy. There is a tendency in our country, particularly among academics, to treat all beliefs as worthy of equal merit. It is a type of intellectual relativism that ignores the obvious in favor of the inquiry. Continue reading “Intellectual Relativism and the Al Qaida”
Published September 2001
PERHAPS one of the most frightening aspects of our current crisis is the uncertainty of how to fight an enemy, which is largely unseen and incomprehensible. Americans have been shocked by the raw hatred that would sustain such attacks on innocent persons and the support of such terrorists by other nations. What is most frightening is the idea that we have never had to face such fanatical individuals and that we are facing the prospect of perpetual war. It is here that history can offer a degree of knowledge and perhaps a bit of comfort. While we often forget our past, we would be wise to consider an anniversary this month and a prior war against religious-based terrorists. Continue reading “The Boxer Rebellion and the War on Terror”
Published August 2001
A FEW years ago, the public was caught up in the debate over which stamp they preferred: the fat Elvis or the thin Elvis. This great public debate came to mind after Rep. Gary Condit finally came forward and spoke for the first time about his involvement with missing intern Chandra Levy. We can now decide which we prefer: the silent Condit or the speaking Condit. I, for one, preferred the former. Continue reading “Condit and the Chandra Levy Scandal”
With the start of the trial of accused Washington, D.C., sniper Lee Malvo, the public is being introduced to America’s most troubled teen. Unlike his father figure, John Muhammad, who was found guilty Monday of murder in one of 10 sniper killings, Malvo is not denying his role in the murders. Instead, his attorneys are developing an insanity defense that bears striking resemblance to other cases involving infamous criminal duos. Indeed, his insanity plea may be more of a tactical device than a legal defense: The lawyers for Malvo, now 18, may be using the claim to convert the guilt phase into a trial over the proper punishment of a boy-killer. Continue reading “Lee Malvo and the Jury Decision”
I have received a fair number of emails on Michael Vick’s plea, which should come as a surprise to no one. This is the type of crime that puts a defendant instantly on the bad side of any jury. The most that a defense attorney could hope for is a hung jury in most such cases.
I have no sympathy for Vick who not only engaged in a cruel and medieval form of entertainment, but he threw away a career that millions of kids can only dream of. Continue reading “Michael Vick and State Charges”
Published 3/16/2004
While lawyers often are valued for such canine-like attributes as aggression, persistence and even viciousness, loyalty is their most essential attribute. With confidentiality, it represents a type of legal Hippocratic oath: that we will do no harm to our clients.
Two disturbing trends that reduce confidentiality guarantees have surfaced recently: a rise in the number of exceptions to attorney-client confidentiality and an increase in lawyers discussing cases at the expense of their former clients. Continue reading “Attorney-Client Confidentiality: Valued Bond Between Client, Lawyer Eroding”
Published 8/8/2004
The soldiers of the 372nd Military Police Company recently came home from Iraq — and some are pretty angry. Made infamous by the abuses at Abu Ghraib prison, they have been caricatured as a bunch of thuggish yahoos from the hills of West Virginia and Maryland. Now their entire unit may be deactivated.
They seem, however, unwilling to go quietly, taking their infamy into self-imposed exile. Continue reading “372nd Unit Deserves Better Homecoming”
Published 10/3/2004
Tom Green is an American polygamist. This month, he will appeal his conviction in Utah for that offense to the United States Supreme Court, in a case that could redefine the limits of marriage, privacy and religious freedom.
If the court agrees to take the case, it would be forced to confront a 126-year-old decision allowing states to criminalize polygamy that few would find credible today, even as they reject the practice. And it could be forced to address glaring contradictions created in recent decisions of constitutional law.
For polygamists, it is simply a matter of unequal treatment under the law. Continue reading “Polygamy Laws Expose Our Own Hypocrisy”
Published 2/21/2005
For the past month, a detective has been trying to arrest me in New York. Most people in such a position would be highly distressed, but I am frankly delighted. Perhaps an arrest will bring an end to a criminal life that began for me in December, when I started buying luxury cars for friends in the Bronx.
Of course, when I first learned that I was on the lam, I was more than a little surprised because I was in Washington at the time, driving a beat-up green Volvo wagon. I had become the latest victim of identity theft, joining tens of millions of other victims across the country. Continue reading “The Other Jonathan Turley: How My Identity was Stolen and I Brought Two Luxury Cars”
Published 6/26/05
With the anticipated retirement of Chief Justice William Rehnquist, speculation is rife on the possible nominees on President Bush’s short list. Fortunately for Supreme Court handicappers, Bush has only a couple of simple known criteria. First, he wants ideological consistency. Second, he wants longevity. Short of nominating an embryonic stem cell, the White House would prefer a baby boomer with long-term potential. A few candidates have emerged as leading short-listers. For simplicity, each will be rated below based on the gold standard for conservative purity: Karl Rove. On the Rove-o-meter, five Roves represents the purest conservatism while one would represent marginal conservatism. Continue reading “Candidates for the Supreme Court: Judging the Short List”
Published 8/30/2005
Imagine dating someone for a couple of weeks before you have to decide whether to make a lifetime commitment. That is precisely the situation of senators in confirming a Supreme Court justice. Because a confirmation is rarely a case of love at first sight, it usually comes down to the testimony of the nominee, who is invariably told by White House chaperones to say little and smile a lot.
John Roberts may be the ultimate example of the judicial blind date. Continue reading “John Roberts: The Before and The After”
Published 10/31/2005
The indictment of I. Lewis “Scooter” Libby, former chief of staff to Vice President Cheney, has given the Valerie Plame scandal the pre-requisite indictee, a face for this ongoing drama. What is more troubling, however, has been the absence of a heroic or even positive figure.
On its face, this affair had all of the elements of a blockbuster political drama. An embattled president is accused of lying to the American people to take the country to war. Shadowy political operatives launch a campaign to punish the man who uncovered the lie by destroying the career of his wife, a covert CIA operative. Indeed, even the name — the Valerie Plame affair — carried a certain sexy and intriguing appeal. By this point, Washington should be crawling with book and movie agents except for the one missing element: a single redeeming character. Continue reading “The Plame Scandal and a Story In Search of a Redeeming Character”
Published 9/11/2005
With the formal end of the Rehnquist Court, John Roberts will by definition hearken a new era on the Supreme Court if confirmed as the 17th chief justice of the United States. Before there is a “Roberts Court,” however, there must first be a clearly defined Chief Justice Roberts. With the start of his Senate hearings today, Roberts will begin the transformation from a circuit judge to chief justice. In doing so, he might want to consider the models left by 16 great and not-so-great predecessors. Continue reading “Role Models for Roberts: Chief Justices and the Legacies”
Published 12/21/2005
This week, President Bush is struggling to deal with rising accusations that he committed federal crimes in ordering the eavesdropping on hundreds, if not thousands, of people without court orders. It is a scandal that raises troubling questions not just for the presidency but also for the president.
In some ways, it was inevitable that we would find ourselves at this historic confrontation. Bush has long viewed the law as some malleable means to achieve particular ends, rather than the ends itself. In this sense, there is an eerie similarity between the views of Bush and two of his predecessors: Richard Nixon and Bill Clinton. Continue reading “Bush and Domestic Spying: A Threat to Our Principles”
Published 5/29/2006
In the National Gallery of Art in Washington hangs a cherished Rembrandt titled Abraham’s Sacrifice.
It is an etching of Abraham about to slay his son, Isaac, upon the orders of God, to show his faith. The scene from Genesis 22:1-12 is repeated in stained glass windows, paintings and other displays worldwide. It is also a scene being repeated in real life by demented individuals who believe that they have been given divine instructions to slay their loved ones.
In the past few months, the nation has found itself again in the middle of one of the law’s greatest quagmires: how to define insanity, and when it should be a defense. Continue reading “The Insanity Defense and the Future of Faith-Based Killings”