Category: Media

Constitutional Law, Criminal law, Media, Politics

Michigan Attorney General Resumes Threats Of Criminal Prosecution Against Those Alleging Voter Fraud

We have been discussing the use of the criminal code by Michigan Attorney General Dana Nessel (D) to threaten people who post videos on alleged voter fraud or legislators who raise such objections in the state. These threats are coercive and abusive, particularly when targeting opponents of your party who are challenging the victory of your candidate for president. Yet, as shown by a congressman seeking to disbar dozens of Trump lawyers, such threats are popular in today’s rage-filled politics.  So, Nessel continued her threats of prosecution on Monday in warning that a former state senator could be prosecuted for alleging possible voter fraud at a meeting of the Michigan Board of State Canvassers.  So, raising voting fraud at the board overseeing voting is now a possible basis for prosecution in Michigan. Continue reading “Michigan Attorney General Resumes Threats Of Criminal Prosecution Against Those Alleging Voter Fraud” →

Columns, Congress, Constitutional Law, Media, Politics, Society

The Death Star Strategy: Is Trump Contemplating The Ultimate Constitutional Trick Shot?

Below is my column in The Hill on the possibility of contesting electoral certifications by key states. With the adverse ruling in Pennsylvania, the Trump legal team is still pledging new evidence of massive fraud as certifications are completed. The options for the team seem more and more reduced to the ultimate constitutional trick shot in engineering a fight on the floor of Congress.

Here is the column:

Continue reading “The Death Star Strategy: Is Trump Contemplating The Ultimate Constitutional Trick Shot?” →

Congress, Lawyering, Media, Politics

Democratic Member Seeks To Disbar Two Dozen Lawyers Challenging Election Results

We have been discussing the campaign of harassment and threats against Republican lawyers to get them to drop election challenges. New Jersey Democratic Rep. Bill Pascrell expanded that campaign this week with a malicious and frivolous demand for New York and other states to disbar roughly two dozen lawyers for representing Trump, the Republican party, or the Trump campaign in the litigation.  While Democratic members and the media discuss attacks on democracy and the rule of law, they appear to have little problem with campaigns to threaten and harass both lawyers and legislators for raising questions about the election.

 

Continue reading “Democratic Member Seeks To Disbar Two Dozen Lawyers Challenging Election Results” →

Bizarre, Media, Politics

Say It Ain’t So, Joe: CBS Reporter Draws Ire Of Biden For Asking Substantive Question
Constitutional Law, Criminal law, Lawyering, Media, Politics

Michigan Legislators Face Calls For Possible Criminal Charges After Meeting With President Trump On Certification

We have been discussing the campaign of The Lincoln Project and others to harass and abuse lawyers who represent the Trump campaign or other parties bringing election challenges. Similar campaigns have targeted election officials who object to counting irregularities.  Now, the Michigan Attorney General and others are suggesting that Republicans who oppose certification or even meet with President Donald Trump on the issue could be criminally investigated or charged. Once again, the media is silent on this clearly abusive use of the criminal code target members of the opposing party in their raising objections under state law.

Continue reading “Michigan Legislators Face Calls For Possible Criminal Charges After Meeting With President Trump On Certification” →

Criminal law, Media, Politics, Torts

Will The Trump Team Prove A Global Conspiracy or Will Dominion Sue For Defamation?

The press conference held by the Trump legal team was not for the faint of heart.  The team alleged a global, Communist-backed conspiracy to “inject” and “change” votes through the use of the Dominion computer system. It was exhausting and breathtaking. I was critical of the press conference as being long on heated rhetoric and short on hard evidence. Dominion issued a statement categorically denying the allegations. The question is whether Dominion itself will now sue.  The company denied the allegations but I often measure such denials by whether anyone actually sues.  Dominion could do so and force the Trump team to reveal the evidence supporting their allegations or face potentially significant liability. These are not just colorful but criminal allegations against named companies and by implication corporate officials and political allies.

Continue reading “Will The Trump Team Prove A Global Conspiracy or Will Dominion Sue For Defamation?” →

Criminal law, Lawyering, Media, Politics

Two Republican Michigan Officials Attempt To Rescind Certifications Of Election Results

Just as you thought that the 2020 election could not get more bizarre, the controversy in Wayne County over the certification of the election took a new turn on Wednesday after two Republicans — Monica Palmer and William C. Hartmann, on the Wayne County Board of Canvassers sought to rescind their votes to certify. They claim that they were coerced by threats against them and their families by Democratic voters. The threats against Palmer and Hartmann are all-too-familiar in an election where Democratic members are calling for blacklists and others denounce any questioning of the Biden victory as akin to “Holocaust denial.” The Lincoln Project has led a national effort to harass any lawyers who represent Republicans or the Trump campaign. While it will be difficult to rescind such a vote, the silence in the media and from Democratic leaders on this harassment is chilling. Indeed, Democratic leaders have joined in the personal attacks. Continue reading “Two Republican Michigan Officials Attempt To Rescind Certifications Of Election Results” →

Media, Politics

Politico Poll: The Country Remains Sharply Divided On The Need For An Immediate Concession

In a vivid demonstration of our political divide, less than half of the country believes that President Donald Trump should immediately concede. Only a majority of Democrats (by a wide margin) holds that view. Once again, the poll shows the hardened silos of American politics. It also shows how the media has detached itself and its coverage from half of this country. As it did before the election, the media continues to coddle Biden in press conferences and frame the news in a familiar slant. Within 24 hours of the election being called for Biden, many in the media declared any challenges to the election to be “conspiracy theories” and demanded an immediate concession of defeat from Trump.  While I have expressed great skepticism over many challenges and I have been critical of the failure of the Administration to “ascertain” the election for Biden for weeks, I have maintained that it is important for these challenges to be heard and resolved if we have any hope to unify this country. While the media and many Democrats were correct in calling for “every vote to be counted,” they have opposed efforts to recount those votes or address whether they have been counted correctly.  Again, there is no evidence of systemic fraud or errors, but the overwhelming pressure in the media to stop the challenges after the calling of the election has only deepened the suspicion and divide in this country — as has the President’s own rhetoric on a stolen election.  A recount in Georgia has found the type of human error that we have previously discussed and thousands of uncounted votes. Yet, that has not stopped the attacks on anyone, including lawyers, who are seeking such reviews.

Continue reading “Politico Poll: The Country Remains Sharply Divided On The Need For An Immediate Concession” →

Constitutional Law, Free Speech, Media, Politics

“All Speech Is Not Equal”: Biden Taps Anti-Free Speech Figure For Transition Lead On Media Agency

For those of us who have been critical of the growing anti-free speech movement in the Democratic Party, the Biden transition team just took an ominous turn.  The New York Post reports that Biden tapped Richard Stengel to take the “team lead” position on the US Agency for Global Media, including Voice of America, the Middle East Broadcasting Networks and Radio Free Europe/Radio Liberty. As I previously addressed in a column, Stengel has been one of the most controversial figures calling for censorship and speech controls. For a president-elect who just called for everyone to “hear each other,” he picked a top aide who wants to silence many.  Since it would be difficult to select a more anti-free speech figure to address government media policy, one has to assume that Biden will continue the onslaught against this core freedom as president.  This is not the first Biden aide to indicate a crackdown on free speech in the new Administration and Biden himself has called for greater censorship on the Internet.

Continue reading ““All Speech Is Not Equal”: Biden Taps Anti-Free Speech Figure For Transition Lead On Media Agency” →

Columns, Courts, Lawyering, Media, Politics, Society

“The First Thing We Do”: The Lawless Campaign To Harass Lawyers Representing The Trump Campaign

Below is my column in The Hill on the successful campaign that has forced firms to drop Donald Trump or the Republican Party as clients in the ongoing litigation over the 2020 election. Notably, this campaign started soon after the election was called for President-Elect Joe Biden.

Here is the column: Continue reading ““The First Thing We Do”: The Lawless Campaign To Harass Lawyers Representing The Trump Campaign” →

Columns, Congress, Criminal law, Media, Politics

Durham’s Lame Duck Period: Democratic Leaders Suggest A Dim Future For Biden-Related Investigations

Below is my column in the Hill newspaper on the growing pressure on prosecutors during the lame duck period to move forward in their investigations into the Russian investigation or Hunter Biden. House Intelligence Committee Chair Adam Schiff again strongly suggested that such investigations should end with the entry of a Biden Justice Department.  Schiff told MSNBC that investigations of a president-elect constitute “tearing down our democracy” and a way to “delegitimize” a president. This is precisely what I raised in my column on the expected effort by some to scuttle the Biden related investigations. The statement was only the latest indication that Democrats are likely to push to end any investigations touching on the Bidens, including statements from individuals known to be under consideration for Attorney General. In doing so, they will likely have the support of many members of the media who would be embarrassed by any findings of wrongdoing after insisting that there was nothing to cover and refusing to ask Biden specific questions on the campaign trail on these allegations.

Here is the column:

Continue reading “Durham’s Lame Duck Period: Democratic Leaders Suggest A Dim Future For Biden-Related Investigations” →

Academics, Bizarre, Media, Politics, Supreme Court

The Notorious SAA: Democrats Denounce Alito After Years Of Praising Ginsburg For Controversial Comments

This week I criticized Supreme Court Justice Samuel A. Alito for a speech that he gave to the Federalist Society. That should come as no surprise since I have spent two decades criticizing justices for such controversial public addresses.  However, I was struck in the last couple days by the politicians like Sen. Elizabeth Warren and liberal faculty members who are falling over themselves in utter disgust with such public commentary from a sitting justice. For years, I criticized the far more egregious comments from Justice Ruth Bader Ginsburg without a peep of protest from people like Warren. Instead, Ginsburg became the “Notorious RBG.” There is, however, no place for a Notorious SAA in the media or academia.

Continue reading “The Notorious SAA: Democrats Denounce Alito After Years Of Praising Ginsburg For Controversial Comments” →

Academics, Bizarre, Lawyering, Media, Politics

Law Professor Compares Questioning Voting Results To Holocaust Denial [Updated]

We have been discussing how the celebration of Joe Biden’s election as a “unifying” and “healing” moment has been lost on many who are calling for blacklists and retaliatory actions against anyone viewed as “complicit” in the Trump period.  Indeed, for years, I have been writing about a rising McCarthyism in our country  and the growing threat to both free speech and academic freedom. This hateful or unhinged rhetoric has on occasion come from law professors, but most academics have retained a modicum of restraint and tolerance.  For that reason, it was disappointing to read a bizarre attack from University of Colorado Law Professor Paul Campus who compared my discussion of possible voting irregularities to Holocaust denial.

Continue reading “Law Professor Compares Questioning Voting Results To Holocaust Denial [Updated]” →

Courts, Lawyering, Media, Supreme Court

“Unfashionable Views”: Justice Alito Speaks Out Against Pandemic Restrictions, Contraception Laws, and Other Controversies

Justice Sam Alito is making headlines after his speech last night as the keynote at this year’s all-virtual Federalist Society National Lawyers Convention. Alito slammed pandemic measures  and attacks on free speech in his remarks to the Convention, including the crackdown on “unfashionable views” in our society.  I happen to agree with some of his points, but I have great reservations over a justice speaking on issues that are likely to come before him on the Court. Indeed, I have long been a critic of the Supreme Court justices engaging in public appearances where they hold forth on contemporary issues. I have been particularly critical of the late Justice Antonin Scalia and Justice Ruth Bader Ginsburg who clearly relished appearances before ideologically supportive groups. Continue reading ““Unfashionable Views”: Justice Alito Speaks Out Against Pandemic Restrictions, Contraception Laws, and Other Controversies” →

Constitutional Law, Criminal law, Free Speech, Lawyering, Media, Politics

Big League Censorship? Michigan Attorney General Threatens Criminal Prosecution Over Posting Of Video Alleging Voter Fraud

I have been commenting on the ongoing challenges to the presidential election. While I have not seen evidence of systemic voter fraud, there are hundreds of affidavits alleging localized fraud, including cases of deceased persons voting. The challenges should be heard and the evidence should be examined. However, the most worrisome response came out of Michigan this week where Michigan Attorney General Dana Nessel’s Office of Public Information threatened a website, Big League Politics, with criminal prosecution if it did not take down a video of alleged voting fraud. The video may indeed be misleading or false. However, the threat of criminal prosecution by the Michigan Attorney General’s office is a chilling escalation of the crackdown on free speech in this country and the calls for censorship on the Internet.

Continue reading “Big League Censorship? Michigan Attorney General Threatens Criminal Prosecution Over Posting Of Video Alleging Voter Fraud” →

Res ipsa loquitur – The thing itself speaks