We have been discussing how Howard Dean and other Democratic leaders have been declaring that there is an exception for speech that they claim to be hate speech. Now they appear to have been joined by the Veterans of Foreign Wars (VFW) which have declared that Kathy Griffin’s photo of Trump’s severed head is unprotected under the First Amendment.
Continue reading “VFW Declares Kathy Griffin Unprotected By First Amendment”
We have yet another example of how free speech is being eviscerated in Europe through an assortment of different legal standards. An unnamed 45-year-old Swiss man is an example of how the defamation laws can have the same impact on free speech. He was convicted of defamation after simply “liking” posts on Facebook that said bad things about Erwin Kessler, the leader of Swiss vegan group Vereins gegen Tierfabriken.
Continue reading “Swiss Man Found Guilty Of Defamation For “Liking” Facebook Postings”
We have been discussing the rapid erosion of free speech on our campuses and the increasing confrontations with students who bar speech with which they disagree. The result is that schools are caving into academic demands made by students, including incidents like the recent one at Northwestern where academic freedom is being lost to effective mob rule. It is a very serious problem that has now led to the first legislative intervention. Wisconsin legislators are pushing a bill that would suspend or expel students who disrupt speakers. I agree that schools need to suspend or expel students who are engaging in violent or extremely disruptive conduct like shutting down classes like the one at Northwestern. Notably, while a few suspensions were handed out after the assault on a faculty member at Middlebury, no one was expelled. However, the Wisconsin law is concerning in its language and scope. We need faculty to stand up for free speech and stand up to these disruptive students, including serious disciplinary action.
As some on this blog know, I have never been a fan of comedian Kathy Griffin. I have found her crude humor to be juvenile and never understood why CNN and Anderson Cooper continued to use her during New Year’s Eve programming. As I previously stated, Griffin often seems to substitute an increasingly obvious lack of comedic talent with a rising level of obscenity. Now, she has shocked even many of her many enablers with a picture holding the bloody severed head of President Donald Trump. Griffin clearly must have known that a firestorm would result from the disgusting and deeply disturbing image. That buzz however seems to be turning into a buzz saw with even her former supporters are expressing outrage at the image. Update: CNN finally cut Griffin after two days of fierce criticism.
Continue reading “Kathy Griffin Channels Her Inner ISIS [Updated]”
With Harvard holding its first black-only graduation this year and various schools creating black only dorms and safe spaces, “separate but equal” seems to be on the resurgence in America (something I wrote about ten years ago). However, Paris mayor, Anne Hidalgo, has stood firm against all forms of discrimination and barred the black feminist festival in the French capital because it is “prohibited to white people.” She said that racial discrimination in any form or for any purpose will not be tolerated.
Continue reading “Paris Mayor Calls For Banning Of Black Only Event In Paris”
One of the most damaged individuals from the various controversies surrounding President Donald Trump has been his National Security Adviser, General H.R. McMaster. McMaster of course replaced the most damaged individual, General Michael Flynn who is now the subject of multiple investigations. McMaster was brought in to bring professional and credibility to the position. He was an excellent choice. However, the use of McMaster to try (unsuccessfully) to deflect concerns of Trump’s disclosure of highly classified information to the Russians destroyed much of his reputation in Washington. Now, what remains of that reputation seems to be rapidly evaporating with McMaster’s dismissive “not concerned” response to a high-level advisor (Jared Kushner) reportedly asking the Russians to create a secret, secure communications line through their embassy or other location. While that allegation does not appear a criminal violation in and of itself, it would a highly disturbing addition to an already troubling story on the close relations between the Trump officials and the Russians. The former head of the NSA and CIA under Bush said that such a back channel would be both uncommon and dangerous.
With the steady stream of controversies swirling around the White House, there has been little attention given a highly disturbing report that the Obama Administration engaged in previously undisclosed and violations of the Fourth Amendment. Just a few days from the 2016 election, the Foreign Intelligence Surveillance Court (FISA) reportedly raised a highly unusual alarm over the creation of “a very serious Fourth Amendment issue” by possibly unconstitutional surveillance conducted under President Barack Obama. If true, this should be given equal attention to the other stories crowding our front pages and cable coverage. The Obama Administration has a well-documented history of abuse of surveillance and stands as one of the most antagonistic administrations toward privacy in our history. Indeed, if true, many of the former Obama officials currently testifying against the Trump Administration were responsible for a far broader scope of abusive surveillance programs.
In a stinging defeat for the Trump Administration, the United States Court of Appeals for the Fourth Circuit has upheld an injunction on the Trump Administration’s immigration order. The Fourth Circuit is widely viewed as one of the most conservative circuits and has proven the most deferential to national security powers by the Executive Branch. Indeed, the government often openly forum shops in pushing national security cases through the Eastern District of Virginia and ultimately the Fourth Circuit. The 10-3 vote is an impressive victory for the challengers and now sets the case for the long-awaited petition to the Supreme Court. The court did not spare the rhetorical bite, observing that the order “speaks with vague words of national security, but in context drips with religious intolerance, animus, and discrimination.”
We previously discussed the alarming breach of an intelligence sharing agreement with the U.K. after U.S. officials released details given to them from British intelligence on the Manchester bombing, including the identity of the bomber. Now, British police have stopped sharing information with U.S. authorities after a series of leaks to American media. In the meantime, after Trump’s rational odd denial that he mentioned Israel in his giving highly classified intelligence to the Russians, Israel has acknowledged it was indeed their intelligence and they had to implement a “fix” and “clarify” their position with the U.S. on intelligence sharing after Trump’s disclosure. Update: Trump denounced the leaking of the information. Some have noted that the statement was rather belated and others have noted that it is equally ironic (given Trump’s personal disclosure of the highly classified Israeli intelligence to the Russians). Nevertheless, Trump is right to call for the FBI to investigate the leaking of the shared intelligence.
This week President Donald Trump again made headlines in denying that he ever mentioned Israel in his giving highly sensitive intelligence to the Russians. (The problem is that no one suggested that he had and the later statement appeared to reaffirm to the world that Israel was the source of the human intelligence from a spy inside ISIS. News accounts suggested that Israel might have been the source but no one suggested that Trump said it was Israel to the Russians). Now the Trump Administration is accused of leaking British intelligence to U.S. media in the aftermath of the massacre in Manchester. The British were reportedly irate and made a formal complaint over the violation of core protocols and protections for intelligence sharing. This is a very serious complaint and further undermines the core relationships that we rely on in the sharing of national security information. It should result in an immediate congressional investigation to determine what happened.
It appears that Commerce Secretary Wilbur Ross has found relief from the pesky protesters of Western democracies. He gave an almost breathless account of how he didn’t spot nary one protester in Kingdom of Saudi Arabia, just tranquil silence of the Saudis. It could be that the Trump Administration found a country unanimously and enthusiastically supportive of its policies. It could also be that protests are generally unlawful in the Kingdom. The Saudis however are famous for public demonstrations of a different kind from beheadings to the image above of festive hangings.
There has been a chorus of commentators saying that the invocation of the Fifth Amendment by former national security advisor Michael Flynn leaves only immunity as the unlikely option for Congress. This was stated repeatedly on CNN last night. (I was supposed to go on Anderson Cooper and I was going to correct that view but the terrible massacre in England obviously took priority in coverage). The fact is that there is an obvious option: move to hold Flynn in contempt. The case law is not a clear cut as commentators have suggested on the “act of production doctrine.” Moreover, Congress has an institutional interest in pushing back on such invocations if it does not view the production as testimonial.
Continue reading “Does Congress Have Any Options After Flynn Takes The Fifth? You Bet.”
Last weekend we featured two articles (HERE and HERE) describing a controversy involving the forced use of chemical herbicides on an organic farm that according to County officials was out of compliance in controlling noxious weeds that were threatening neighboring farms and crops.
The 2,000 acre organic farm in North Central Oregon is facing what could be an existential threat to its operations after county weed control authorities sent notice mandating that the farm use chemical herbicides to eradicate weed growth.
I attended the public hearing held at the Sherman County seat located in Moro, Oregon. Due to a very high volume of interest expressed by residents and those outside the community, the venue was changed from the County Courthouse to a gymnasium at the Sherman County High School. There was a great deal of uncertainty manifest in this hearing with strongly held opinions on many sides and one can say with near certainty that the publicity generated caused turmoil in this small community. In fact, the concern was so great, that a number of law enforcement officials were dispatched to the area to provide security to address a worry that things might get out of hand. But in the end the two sides reached an agreement that precludes the forced use of herbicides–and offered both a carrot and stick for both parties to strongly consider.
The New York Times is reporting (and the White House has reportedly confirmed) that President Donald Trump made some truly disturbing comments in his controversial meeting with the Russians. Not only did Trump call former FBI Director James Comey “a real nut job” but told the Russians that the firing has taken pressure off of him in terms of Russia. The leaked summary will fuel the allegations that Trump fired Comey to try to shutdown the Russian investigation to relieve pressure on himself. While I have discussed my skepticism over the evidence of an actual crime by the President, Trump appears committed to leaving the greatest incriminating impression possible in such meeting.
Below is my column in The Hill Newspaper on the chorus of commentators suggesting that the Comey memo is compelling evidence for either a charge of obstruction of justice or an actual impeachment. I have been cautioning against such sweeping assumptions. Obstruction is a crime and crimes have elements. The elements are not satisfied by this memorandum. Yesterday senators revealed that Rod Rosenstein suggested that he was already informed that Comey would be fired before he wrote his memorandum supporting termination. That would not materially alter the legal analysis. Rosenstein’s memo confirms that he believed that Comey should be fired. He had met with Comey and clearly left with reservations over his continued fitness for the position. The fact that Trump may have made what Rosenstein thought was the right decision for the wrong reason is marginally relevant. Comey’s immediate boss was not supporting his retention. Moreover, Trump’s conflicting statements do not improve the case for prosecution. It it true that Trump has contradicted his staff and seemingly himself. Yet, Trump has insisted that he felt Comey was doing a poor job and yesterday he reaffirmed his position that he never asked Comey to drop the Flynn investigation. However, even if he said such an incredibly inappropriate thing, it would not meet the standards of obstruction for the purposes of a criminal charge in my view. In other words, this is a question of law not fact and the law is not on the side of those calling for criminal counts or articles of impeachment.
Critics increasingly sound like my kids when we drive across country and start to chant “are we there yet?” before we are even a block from the house. Many view a criminal charge or impeachment as the only hope for America. However, neither the criminal code nor Article II were meant as post hoc political options for unpopular presidents. Indeed, both are designed to be insulated from public distempers and passions.
None of this means that this is not a valid basis for investigation. It is. Moreover, the White House staff appears encircled like a wagon train on the Plains with no ammunition and no nearby fort. The difference is that they seem encircled by their own president who continued to prevent any movement to better ground. What is fascinating is that Trump appears intent on creating the most self-incriminating appearance without evidence of an actual crime on his part.
Here is the column: