Category: Media

Vermont Principal Put On Leave For Not Agreeing With Black Lives Matters

Freedom_of_SpeechWe have yet another teacher suspended or put on leave for merely expressing her opinion of Black Lives Matter on her personal Facebook page.  After Tiffany Riley wrote that she does not agree with the BLM, the Mount Ascutney School Board held an emergency meeting to declare that it is “uniformly appalled” by the exercise of free speech and Superintendent David Baker assured the public that they would be working on “mutually agreed upon severance package.”  The case magnifies concerns over the free speech rights of teachers on social media or in their private lives. As a public employee, Riley could seek judicial relief rather than a severance package under the First Amendment.

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Bolton’s Bold Move Could Result in Loss Of His Profits Or His Freedom

John_R._BoltonFormer National Security Adviser John Bolton has pledged to release his new tell-all book, “The Room Where It Happened: A White House Memoir,” regardless of the lack of pre-publication approval from the Administration. This includes an ABC special this weekend to kick off his release. The move is extremely risky and the law is not on the side of Bolton who could conceivably not only lose his profits but his freedom over such a dispute.

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Chopped: How Seattle Is Defining Leadership In Seattle And Washington

Jenny_Durkandonald_trump_president-elect_portrait_croppedBelow is my column in the Hill on the controversy over the creation of the Capitol Hill Autonomous Zone, better known as Chaz.  Well, it was Chaz. “The autonomous zone formerly known as CHAZ” is now the Capitol Hill Occupied Protest (CHOP). As W.C. Fields said “It ain’t what they call you, it’s what you answer to.” The problem is that Chief Best said no one is answering their calls.  Chief Carmen Best stated today that the name had apparently changed but that they have yet to identify people who will speak for CHAZ or CHOP. She also noted that there appears to be widely different demands. That presents a serious barrier to a resolution.

RIP CHAZ. All Hail CHOP, but the question of leadership remains.  Here is the column:

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Res Ipsa Hits 42,000,000

crowd vj dayToday, we passed the 42,000,000 mark in views on the blog. The blog continues to grow at a record pace. The continued growth is due primarily to our loyal readers who return every day to discuss contemporary legal, political, and occasionally bizarre stories. We have used these moments to give thanks for our many regular readers around the world and give you an idea of the current profile of readers on the blog. We continue to rank with the top legal blogs in the world  and I am particularly proud of our growing international readership. As always, I want to offer special thanks for Darren Smith who has continued to help manage the blog and help out folks who encounter posting problems.

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“We Mean Literally Abolish The Police”: Activists Reject Spin On Movement’s Call To Defund The Police

SansculottesThe New York Times has run an opinion column by Mariame Kaba denouncing efforts by Democratic leaders and the media to try to spin the call for defunding the police as just a reallocation of funds and a new set of priorities and a new structure for policing.  Kaba wrote “Yes, we mean literally abolish the police.”  That opinion piece follows a warning by Rep. Alexandria Ocasio-Cortez, D-N.Y., that Democrats and others trying to “repackage” the push to “Defund the Police”   Notably, while the New York Times apologized for publishing an opinion piece by a ranking U.S. Senator on the use of federal troops to quell rioting, it has now problem with publishing a column calling for the abolishment of police.  As discussed earlier, this is a movement that is moving rapidly to the left and repackaging is now considered counter-revolutionary.

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Bowser’s Historical Revision: Before Lafayette Park, There Was Pershing Park

Muriel_Bowser_official_photoBelow is my column in The Hill newspaper on Mayor Muriel Bowser’s unquestioned statements about how she is shocked by the federal actions against peaceful demonstrators.  Bowser told CNN’s Cooper “I think I’ve been shocked all week about how the federal government behaved against American citizens.” For some of us, the statement came across as a Claude Rains moment of being “shocked, shocked” that protesters are being silenced in D.C. She (and CNN) ignored the actions of her Chief of Police and her dismissal of objections of civil libertarians to Newsham’s appointment.  Now, that was truly shocking.

Here is the column

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“Trumped-Up”: Former Judge’s Filing Is An Example Of “Irregularity” In The Age Of Rage

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Retired federal judge John Gleeson was recently appointed by U.S. District Judge Emmet Sullivan to argue against dismissal of the case against former National Security Adviser Michael Flynn and to advise him on whether the court should substitute its own charge of charge for Flynn for now claiming innocence.  I have been highly critical of Sullivan’s orders and particularly the importation of third parties to make arguments that neither party supports in a criminal case. Now Gleeson has filed a brief that confirms the worst fears that many of us had about his appointment.  Gleeson assails what he called  “a trumped-up accusation of government misconduct.” The ultimate position advocated in Gleeson’s arguments would be a nightmare for criminal defendants, criminal defense counsel and civil libertarians.  Indeed, as discussed below, Gleeson was previously reversed as a judge for usurping the authority of prosecutors.

Gleeson actually makes the Red Queen in “Alice in Wonderland” look like an ACLU lawyer. After all she just called for “Sentence First–Verdict Afterward”  Gleeson is dispensing with any need for verdict on perjury, just the sentence. However, since these arguments are viewed as inimical to the Trump Administration, many seem blind to the chilling implications.

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NoFundThem: Conservative Commentator’s Fundraising Blocked Over Floyd Criticism

500px-GoFundMe_logo.svgI previously wrote a column about the rising calls by Democratic leaders and activists for different forms of public and private censorship. Indeed, the recent extreme demands and controversy at the New York Times shows how speech controls have been a virtual article of faith for many.  Twitter’s actions against Trump tweets are another example of the inconsistent use of such controls.  Now GoFundMe has taken it upon itself to censor causes that it views as offensive in closing down a fundraiser by conservative political commentator Candace Owens in support of an Alabama cafe whose co-owner criticized the George Floyd protests.  The question again is not whether we agree with such sentiments but the free speech implications of these forms of private censorship.  Rather than respond to such controversial statements, critics today focus on silencing the speakers or barring their views or causes to be heard by others.  What is interesting is that, by abandoning neutrality, GoFundMe is now affirming that it does regulate content and will face demands for more such action. That could undermine the position of these companies against the loss of immunity under Section 230 of the Communications Decency Act.

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Revolution Redux? How A Movement For Reform Is Becoming A Platform For Radicalism

Anonymous_-_Prise_de_la_BastilleBelow is an updated version of my column in The Hill newspaper on how the discussion of reforms following the killing of George Floyd has been increasingly overtaken by the most radical elements in politics and commentary.  The atmosphere is strikingly similar for those familiar with history and specifically the course of the French Revolution. That image of reformists becoming reactionaries was particularly evident in New York Mayor Bill de Blasio being booed by a crowd calling for his resignation and the same response to Minneapolis Mayor Jacob Frey when he refused to commit to defunding and dismantling the police department.  In Washington,  Mayor Muriel Bowser ordered the square near the White House to be named “Black Lives Matter” Square with giant letters painted on the street.  BLM however denounced it as a meaningless stunt and activists added ‘Defund the Police.”  Bowser refused to answer multiple questions on whether she would remove the added words. To do so is to risk a scene like the ones in Minneapolis and New York.

As writers, editors, and politicians yield to extreme measures, they might want to consider the fate of those who sought to ride the radical wave of the French Revolution.

Here is the column: Continue reading “Revolution Redux? How A Movement For Reform Is Becoming A Platform For Radicalism”

“This Son of York”: Federal Prosecutors Demand To Speak To Prince Andrew In Epstein Investigation

IMAGE: Prince Andrew, Virginia Giuffre and Ghislaine MaxwellIn a surprise move, the United States Attorneys Office in New York has invoked the Mutual Legal Assistance Treaty, or MLAT, to demand an interview with Prince Andrew, Duke of York, in relation to the investigation of Jeffrey Epstein’s history of sexual abuse. While Prince Andrew pledged to cooperate in every way, U.S. Attorney Geoffrey Berman insisted that he has not assisted in any way with the investigation.  The use of the MLAT to subpoena the testimony of a Royal family member is nothing short of breathtaking as a development. The assumption was that any real criminal inquiry died with Epstein. That is clearly not the case.

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Barr Confirms Details That The Clearing Of Lafayette Park Was Unrelated To Church Photo Op

440px-William_BarrMargaret Brennan just completed an interview with Attorney General Bill Barr on CBS Face the Nation.  For days, the allegation from politicians, the press, protesters, and pundits has been that the Park was cleared for the purpose of the widely criticized photo op held by Trump in front of St. John’s Church.  For example, in an uncorrected segment still up on the Internet, NPR declaresPeaceful Protesters Tear-Gassed To Clear Way For Trump Church Photo-Op.”  (Tear gas was also not actually used as opposed to pepper spray — though that distinction is technical at best since pepper spray has much of the same impact on individuals even if it is based on capsicum). The photo op allegation continues to be repeated on the Internet despite various media reports debunking it.  This morning Barr confirmed the details in those reports and offered some new details.  Barr however continues to support the level of force used in the Park and the decision to go forward with the clearing of the Park

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Lisa Page Hired By NBC and MSNBC As Legal Analyst

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Lisa Page, the former FBI lawyer who resigned in the midst of the Russian investigation scandal, has been hired a NBC and MSNBC as a legal analyst.  The move continues a trend started by CNN in hiring Trump critics, including officials terminated for misconduct, to offer legal analysis on the Trump Administration. We have previously discussed the use by CNN of figures like Andrew McCabe to give legal analysis despite his being referred for possible criminal charges by the Inspector General for repeatedly lying to federal investigators.  The media appears intent on fulfilling the narrative of President Trump that it is overly biased and hostile in its analysis. Indeed, it now appears a marketing plan that has subsumed the journalistic mission.

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Mea Culpa: New York Times Caves To Protests And Apologizes For Posting Conservative Opinion

440px-The_Yellow_Press_by_L.M._GlackensIn an act that virtually stands alone in the abandonment of self-defining values, the New York Times last night caved to protests from its own writers to apologize for publishing a conservative opinion piece by a ranking Republican senator. On Thursday, the editors had rightfully held firm on the need for the paper to hear all viewpoints as publishing a column by Sen. Tom Cotton (R, Ark.) calling for the use of military troops to quell rioting.  Times editorial page editor James Bennet and Times publisher A.G. Sulzberger issued defenses of the use of the opinion section to hear all sides of such national controversies. We discussed that position yesterday and many of us heralded the editors for their courage despite the overwhelming calls for private censorship.  Then, the newspaper and its journalistic ethics entirely collapsed with an announcement that effectively declared an original sin “mea culpa, mea culpa, mea máxima culpa” (“through my fault, through my fault, through my most grievous fault.”

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Rosenstein Slams McCabe, Obstruction Theories, and “1000 Former Prosecutors”

Screen Shot 2020-06-03 at 11.31.11 AMYesterday, we did our first live blogging on a hearing with former Deputy Attorney General Rod Rosenstein.  There was a lot of broken china after the hearing was over. Indeed, the most interesting aspect was that some of the greatest damage for the Democratic narrative occurred during ill-considered questions from Sen. Mazie Hirono (D., HI) who elicited a series of answers supporting the Trump Administration and the purpose of further hearings.  Rosenstein ultimately supported the need for further investigations into FBI misconduct, supported the Durham investigation, categorically dismissed claims that Trump committed obstruction of justice, and most importantly stated that he would not have signed off on the continued surveillance under the FISA for Carter Page if he knew the truth about claims of Russian collusion.  That was just a few of the highlights.  He also dismissed objections from former FBI Deputy Director Andrew McCabe and the “1000 prosecutors” who were so widely cited as claiming that there was clear criminal conduct by Trump.

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New York Times Reporters and Writers Condemn Paper For Publishing Cotton Editorial

download-1The New York Times is under fire today for publishing the opinion of Sen. Tom Cotton (R, Ark.) on the use of troops to quell the unrest following the death of George Floyd.  Journalists and opinion writers have insisted that such views should not be even published because they disagree with it.  I have strongly opposed the suggested use of federal troops on both legal and non-legal grounds. It would be an unnecessary escalation of the tensions and curtail the exercise of important free speech activities.  However, this view is shared by many and the use of troops has occurred previously in our history.  The call for effective censorship of opposing views from journalists is a chilling example of how much ground has been lost in the protection of free speech values. Continue reading “New York Times Reporters and Writers Condemn Paper For Publishing Cotton Editorial”

Res ipsa loquitur – The thing itself speaks