Category: Media

Claremont McKenna Protesters Disrupt Pro-Police Speaker

Claremont_Mckenna_College_SealWe have been discussing the alarming rollback on free speech on United States campuses with the active or passive support of university and college administrators (with the exception of schools like University of Chicago).  Students now treat free speech as itself a threat and seek to prevent other students from hearing from speakers with whom they disagree.  The latest such example is at Claremont McKenna College where students succeeded in preventing other students from hearing from Heather MacDonald due to her pro-police views.

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Rand Paul Calls For Congress To Demand War Powers Authorization . . . John McCain Says Paul Is “Wrong” and Alone In The Senate

I have been discussing how the Congress is again willfully ignoring its constitutional duty on the declaration of war as our intervention in Syria expands.  Democratic leaders like Nancy Pelosi and Chuck Schumer have fallen over each other to praise the attacks even though Congress never authorized the action.  Hillary Clinton was calling for attacks in Syria just hours before the attack, as she did in Iraq, Libya and other past conflicts.  The United States just attacked a foreign nation that had not attacked the United States.  It was done with little consultation and no authorization from Congress.  However, as with prior wars, the attacks remain politically popular so Congress is silent with the exception of a few members like Sen. Rand Paul.  Sen. John McCain (R-Ariz.) however has gone further to denounce Paul as simply “wrong” and virtually mock him as a nonentity in calling for such congressional authority.  He is alone in the Senate, McCain insisted, in his demand that Congress fulfill its Article I duties. It is a sad moment for those who believe in a textualist or formalist approach to constitutional powers.  All of those textualists who proudly embraced Neil Gorsuch are now apparently living constitutionalists as the subject turns to yet another war.

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Did Dan Scavino Violate the Hatch Act?

Twitter LogoThe Trump Administration has proven to be something of a perpetual motion machine churning out novel ethical and constitutional issues from emoluments to nepotism.  The latest involves Dan Scavino, the White House social media director, after he went to his personal twitter account to call for the defeat of Michigan Rep. Justin Amash as a “liability” to the GOP. Amash was one of the conservative members of the Freedom Caucus to bar the effort to replace Obamacare.  The tweets have raised questions under the Hatch Act as a form of political advocacy from the White House — a position endorsed by Richard Painter, a chief White House ethics lawyer under President George W. Bush.  I am less convinced.

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“I Know Nothing About This”: Rice Accused Of Ordering Unmasking Of Trump Aides and Then Lying About Her Knowledge [UPDATED]

Susan_Rice,_official_State_Dept_photo_portrait,_2009donald_trump_president-elect_portrait_croppedI have written about my mixed views of coverage of President Donald Trump. On one hand, he has caused much of the negative coverage with sensational and insulting tweets — as well as unforced errors by his White House staff.  On the other hand, I have never seen more biased coverage by some major outlets which fail to offer counterarguments in favor of Trump or ignore developments supporting his claims.  The recent disclosure that the unmasking of Trump aides may have been ordered by President Barack Obama’s national security adviser Susan Rice is a case in point.  The most recent story was published by Bloomberg News. The startling disclosure was all but ignored by major outlets and networks or given only passing attention.  As I have said on air, the unmasking allegation is a serious one and it is made all the more serious by the denials of Rice that she had any knowledge of any unmasking. [Update:  Rice has gone on air and, while refusing to address the requests to unmask these individuals, she insisted that such requests are not unusual and, if done, were not done for political purposes.  She did not deny that she was indeed the person asking for the unmasking of the individuals.]

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Textualists and Originalists Are Again AWOL in Wars on Syria and Yemen

donald_trump_president-elect_portrait_cropped220px-B-2_spirit_bombingBelow is my recent column in The Hill Newspaper on the increased U.S. involvement in the fighting in Syria and Yemen.  As usual, there is little concern (beyond Sen. Rand Paul) over the sending of troops into foreign conflicts without congressional approval or anything resembling a specific declaration of war.  Indeed, when members insist that modern national security threats do not make specific declarations or authorizations practical, they sound much like “living constitution” advocates.  Yet, we have now engaged in hundreds of military actions with only a small number of declarations and a small percentage of authorizations.  As the Framers feared, war has become a continual and unilateral exercise of executive authority.

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Federal Court Rules That Trump May Have Incited Violence At Kentucky Rally

David_J._Haledonald_trump_president-elect_portrait_croppedIn Kentucky, United States District Court Judge David J. Hale has ruled that President Donald Trump’s statements at a campaign rally could be viewed as incitement to violence.  At a March 2016 rally, Trump told supporters to :get ’em out of here” in reference to protesters. Supporters proceeded to assault protesters Henry Brousseau, Kashiya Nwanguma, and Molly Shah who filed this action.  Hale rejected the claims that the lawsuit violates President Trump’s free speech protections.  They are suing for incitement to riot, vicarious liability, and negligence.

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Flynn in 2016: “When You Are Given Immunity, It Means That You Probably Committed A Crime”

Today I discussed how people should not assume that former National Security Adviser Michael Flynn has committed a crime or is turning on President Trump because his lawyer is seeking an immunity deal.  Lawyers often seek immunity as an added protection, particularly in cases with powerful political interests.  Moreover, some immunity deals are based on a witnesses information and not necessarily a witness’ culpability.  It would seem that one person who would have to be convinced of that fact is Flynn himself.  Flynn is shown below in 2016 saying that if someone gets immunity it probably means that you committed a crime.

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California AG Charges Pro-Life Activists With 15 Felony Counts In Troubling Prosecution

We recently discussed the shocking effort by a California Democratic legislator to curtail free speech in a reckless effort to combat “fake news.”  Now the Democratic California Attorney General Xavier Becerra has brought an equally chilling criminal case against two anti-abortion activists responsible for the videotapes that triggered national protests against Planned Parenthood.  The 15 felony counts against  David Daleiden and Susan Merritt are breathtaking and even warranted a rebuke from the Los Angeles Times.  The prosecution could represent a radical shift toward prosecuting activists from environmentalists to animal right activists to pro life/pro choice protesters in their effort to record alleged abuses or violations.

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California Politician Seeks To Radically Curtail Free Speech To Combat “Fake News”

Chau_headshotCalifornia Assemblyman Ed Chau (Democrat, Monterey Park) appears to be finally running into opposition over one of the most chilling, anti-speech pieces of recent years.  Chau is trying to criminalize “fake news” and in the process would curtail free speech for everyone from parodies to comedies to opinion writers.  He is the latest example of how some of the greatest threats to free speech around the Western world today appears to be coming from the left of the political spectrum from speech restrictions on campuses to new criminal laws on inciteful or intimidating speech.

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Burn Baby Burn: Trump Set To Eviscerate Obama’s Environmental Protection and Climate Change Reforms

With the health care reform defeat, the Trump Administration is moving aggressively toward new goals including tax cuts in Congress.  Today, however, he will keep another pledge and dismantle Obama orders protecting the environment and combating climate change and environmental protection. With the rescinding of the orders, Trump will place the United States in the most anti-climate change posture of any major nation, rivaling even China in the lack of hard commitments to move away from fossil fuels. Indeed, he is expected to open up new leases for coal and relax regulations to allow increased fossil fuel consumption.  As I have previously discussed, this move is not only running against the grain of other major nations but against the market itself. While other countries are moving aggressively toward clean energy and green markets, the United States will be moving aggressively backward.

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Group Calls for Prosecution of Muslim Cleric After He Reads Passage Calling For The Killing Of Jews

There is a controversy in Montreal where Jordanian cleric Sheikh Muhammad bin Musa Al Nasr was invited to speak at the Dar Al-Arqam Mosque and quoted a version calling for the killing of Jews.   The imam recited in Arabic the verse: “O Muslim, O servant of Allah, O Muslim, O servant of Allah, there is a Jew behind me, come and kill him.”  People have called for his prosecution for hate speech, rekindling the debate over Canada’s roll back of free speech with hate speech and discrimination laws. Continue reading “Group Calls for Prosecution of Muslim Cleric After He Reads Passage Calling For The Killing Of Jews”

Washington State Governor Sued For Removal Of Leonard Peltier Art Display

By Darren Smith, Weekend Contributor

Leonard Peltier

I featured three articles in November, 2015 (HERE, HERE, and HERE) depicting a controversy caused by the Washington State Department of Labor & Industries’ promotion of artwork made by Leonard Peltier, who was convicted for the June, 1975 murders of FBI Special Agents Jack Coler and Ron Williams. The display furthered the controversy in that it marked the 40thanniversary year of the agents’ murder. After considerable outcry on both sides of the issue, the dispay was taken down two weeks prior to its scheduled conclusion date.

Now, a lawsuit has been filed in U.S. District Court by Leonard Peltier and his son Chauncey against the state naming L&I Director Joel Sacks, Governor Jay Inslee, the L&I spokesman, retired FBI Special Agents, and two hundred John Does as defendants, claiming that the Peltiers were denied their First, Fifth, and Fourteenth Amendment rights were violated by the state’s removal of the artwork.

The lawsuit indicates strongly how controversies such as these can be avoided and that allowing state employees to promote controversial issues often leads to disaster.

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RES IPSA REACHES 31,000,000

This morning, our blog hit 31,000,000 views. We have had an increase in visitors and our new voices are heartily welcomed to our little band of commentators.  We try to offer a place for civil but passionate discourse on legal and policy issues  of our time (and perhaps a few wacky stories).  We continue to rank in the top legal blogs in the world and we are continuing to see a growing international readership. We often use these milestones to look at the current profile of the blog and its supporters around the world.

As always, I want to offer special thanks for our weekend contributors: Mike Appleton, Larry Rafferty, Darren Smith, Kimberly Dienes, and Cara Gallagher. I particularly want to thank Darren who has continued to help manage the blog and help out folks who encounter posting problems.

I also want to thank our regular commentators and readers.  We try to keep this blog as an open forum with as little interference or monitoring of the comments as possible.  Given our free speech orientation, we try not to delete comments and, for that reason, we are deeply appreciative of how most people avoid personal or offensive comments in debating these issues.  The success of this blog is due to the fact that we offer something more than the all-too-common troll-driven, angry, and insulting commentary of the Internet.  Thank you for voluntarily assuming restraint over the tenor and content of your comments. Continue reading “RES IPSA REACHES 31,000,000”

After Months of False Denials, Brazile Admits That She Broke Campaign Rules In Revealing Questions To The Clinton Campaign

220px-donna_brazile_1We discussed earlier how Donna Brazile, the former chair of the Democratic National Committee and CNN commentator, denied the legitimacy of emails that showed her leaking a question to Hillary Clinton that would be asked verbatim at the CNN downhill event. I was highly critical of the failure of the media to investigate the claim, including confirming the receipt of the earlier emails from Clinton communications director Jennifer Palmieri. Brazile stuck by her false statements even after additional emails allegedly showed Brazile secretly feeding information to the Clinton campaign. Again, there was relatively little media attention to the story and CNN initially issued a remarkably weak response that it was “uncomfortable” with the new disclosures on Brazile’s actions while a CNN commentator. While CNN Worldwide President Jeff Zucker later called Brazile’s actions “disgusting” and others have denounced her actions and later contradictions, the DNC stuck with Brazile — even praising her post-scandal appearance before staffers (with one notable exception). Then, the declassified intelligence report directly disputed what Brazile has said.  Yet media remained relatively passive and again failed to press Palmieri on the issue.  Now, Brazile has admitted that she gave the questions to the Clinton campaign in a Time magazine essay.  She simply says it was a “mistake” but does not address her lying to the media.  Again, the coverage is quite limited and no one has asked Palmieri how she remained silent despite knowing that Brazile was lying and misleading the public. Palmieri is now a regular guest on various news outlets.

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Federal Judge In Hawaii Enjoins Second Executive Order

donald_trump_president-elect_portrait_croppedDerrick_Kahala_WatsonLast night, U.S. District Judge Derrick K. Watson issued a
temporary restraining order
that prevents the second immigration order of President Donald Trump from going into effect on Thursday.  The 43-page opinion is scathing and relies not only on the statements of President Trump but the recent statements of his chief aide Stephen Miller.  While I respectfully disagree with Judge Watson and view his decision as contrary to the weight of existing case law, the opinion again shows the perils of presidents and their aides speaking publicly about litigation.  Political facing saving comments can be case legal damaging comments.  Yet, I still believe that Judge Watson relied too much on campaign statements and television interviews to overcome the facial neutrality of the language of the executive order.

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