Category: Media

Academia, Lawyering, Media, Politics

No, I Never Said Sotomayor Wasn’t Smart Enough For The Supreme Court

When I agreed to testify in the Trump impeachment hearing, I knew that that I would be attacked for my testimony. With roughly 54 pages of testimony, there would be ample areas of good-faith disagreement. The surprising thing was the tsunami of attacks for things that I did not say. The most vile was that I previously said that Justice Sonia Sotomayor “wasn’t smart enough for the Supreme Court.” That false story appears to be traced to a tweet from from another law professor, Baltimore Law Professor Garrett Epps stating “Does anybody else remember @JonathanTurley appearing on MSNBC to explain that Sonia Sotomayor didn’t have the intellect to serve on the Supreme Court?” I certainly don’t because I never said such a thing. However, Epps and an array of reporters did not feel that such a statement required a modicum of actual research. (I am giving Professor Epps the benefit of the doubt that he did not actually watch the video that he linked. If he did, he clearly chose to ignore where I clearly state a very different point about Sotomayor’s opinions while saying that she could still emerge on the Court as a great justice like Justice John Paul Stevens).

Continue reading “No, I Never Said Sotomayor Wasn’t Smart Enough For The Supreme Court” →
Academia, Constitutional Law, Media, Politics

“There’s No Impeachment”: Trump Repeats Feldman’s Flawed Interpretation Of The Constitution

I recently criticized the position of my fellow witness from the Trump impeachment hearing, Professor Noah Feldman, that Trump is not technically impeached until the articles of impeachment are referred to the Senate. I have known Noah for years and respect him but this theory is utterly without foundation in the text or history or logic of the Constitution. The theory is a chimerical conflation of the impeachment and removal provisions. President Donald Trump however has seemingly embraced the theory that he is not actually impeached. Even as mockery, Feldman’s theory should not be further referenced in my view as credible. The President’s status is clear. He stands impeached, but untried.

Continue reading ““There’s No Impeachment”: Trump Repeats Feldman’s Flawed Interpretation Of The Constitution” →
Media, Politics

Democratic Senators Line Up in Declarations Of Guilt Before The Senate Impeachment Trial

Both Democratic members and various media outfits have continued to castigate Majority Leader Mitch McConnell and Senator Lindsey Graham for saying that they will not pretend to be unbiased as jurors. I have been critical of such statements treating the Senate trial as simply a political exercise. However, I am concerned over the striking lack of media coverage of Democratic members who continue to signal that they also have made up their minds on the verdict before an actual trial has even begun. I recently discussed the statement of Senator Chris Coons on the dangers of failing to convict and remove Trump. The latest such examples were evident last night at the Democratic debates where Senators Elizabeth Warren, Bernie Sanders, and Amy Klobuchar pronounced the guilt of Donald Trump before any trial. None of those comments yielded the shock and disgust over their failure to reserve their judgment. Klobuchar declared that the impeachment was nothing less than “global Watergate.”

Continue reading “Democratic Senators Line Up in Declarations Of Guilt Before The Senate Impeachment Trial” →
Congress, Constitutional Law, Courts, Lawyering, Media

“A Judge Would Be Disqualified”: Justice Ginsburg Again Wades Into Political Controversies In Interview

I have previously criticized Supreme Court Justice Ruth Bader Ginsburg for her continued political comments in speeches to liberal and academic groups.  While not unique on the Court, Ginsburg has repeatedly crossed the line of traditional public speaking in discussing political controversies, pending issues before the Court, and even criticizing the President. Despite repeated controversies in speaking publicly on political issues, Ginsburg remains undeterred.  Earlier this year, Ginsburg again repeated her view that sexist voters prevented Hillary Clinton from being elected president — a repeat of controversial comments in her 2017 speech. This week, Ginsburg commented on the merits of President Donald Trump’s call for a review of the Supreme Court and even criticized senators who have made public statements about the impeachment.

Indeed, the most ironic part of her commentary was Ginsburg noting how inappropriate it is for senators to be discussing their views of the merits before any actual impeachment. She insisted “if a judge said that, a judge would be disqualified from sitting on the case.” That raises a rather uncomfortable question as to what Ginsburg was doing in that very interview.

Continue reading ““A Judge Would Be Disqualified”: Justice Ginsburg Again Wades Into Political Controversies In Interview” →
Criminal law, Media, Politics

Schiff Under Fire For Denying Any Knowledge Of FBI Abuses

Various commentators, including Fox News senior political analyst Brit Hume, have expressed disbelief with the statement of House Intelligence Committee Chairman Adam Schiff, D-Calif., on Fox News Sunday that he had no idea of the extensive FISA abuse found by Inspector General Michael Horowitz. I share that view. Schiff’s predecessor at the House Intelligence Committee, Devin Nunes, raised many of these abuses which were adamantly denied by Schiff for months. The media for its part virtually mocked such claims as conspiracy theories and false news. Now the media and Schiff is claiming total surprise by the findings (if they acknowledge them at all). The lack of media scrutiny over Schiff’s denial is breathtaking and explains why many voters do not trust reporting over the various investigations.

Continue reading “Schiff Under Fire For Denying Any Knowledge Of FBI Abuses” →
Columns, Congress, Criminal law, Lawyering, Media, Politics, Society

An Apology To Carter Page

Below is my column in The Hill newspaper on what the recent Horowitz report says about the treatment of former Trump adviser Carter Page. While the media has been quick to call developments as “vindication” for figures like Comey, it is largely silent on the poor treatment shown Page and the lack of evidence against him (and supporting the Russian investigation as a whole). Page has emerged as the Richard Jewell of the Russian investigation.

Here is the column:

Continue reading “An Apology To Carter Page” →
Congress, Media, Politics, Society

Sentence First! Verdict Afterwards”: Senators Signal Their Votes Before Actual Impeachment

I often remark that my Senate trial defending Judge Thomas Porteous has a jury that I would normally strike for cause en masse. An impeachment jury composed of politicians can be akin to a maritime inquiry with a jury composed of the Pirates of Penzance. This week, Senators in both parties seemed to signal their votes before an actual impeachment has occurred, let alone a trial,. Sen. Lindsey Graham (R., S.C.) declared “I’m not trying to pretend to be a fair juror here.” While the media focuses on Graham’s statement, Democratic senators have also made comments indicating that they have made up their minds. Indeed, yesterday, Sen. Chris Coons (D., Del.) declared that “if the Senate Republican majority refuses to discipline him through impeachment he will be unbounded.” It smacks of the Queen of Hearts in Alice in Wonderland: “Sentence first! Verdict afterwards.”

Continue reading “Sentence First! Verdict Afterwards”: Senators Signal Their Votes Before Actual Impeachment” →
Media, Politics

Leaving Half The Country Behind: Poll Shows Majority Now Opposes Impeachment

During the testimony last week, I expressed various concerns with the artificially short period allowed for the impeachment investigation due to the Democratic pledge to impeach President Donald Trump by Christmas. Not only will that abbreviated period leave a thin and incomplete record, but it will leave “half of this country behind.” That appears to be exactly the right estimate. A new Monmouth poll shows that 50 percent of the country now opposes impeachment. The polling in some swing states is even worse. In other words, this impeachment is playing to the Democratic base and little beyond it — precisely what Speaker Nancy Pelosi pledged that she would not allow to happen.

Continue reading “Leaving Half The Country Behind: Poll Shows Majority Now Opposes Impeachment” →
Congress, Constitutional Law, Courts, Media

Alan Morrison: Turley Is Right But Ultimately Wrong

I have the distinction of serving at George Washington Law School with many accomplished academics, including Professor Alan Morrison who is one of the most respected legal figures in the country with extensive litigation and public interest experience. Professor Morrison has written the column below where he disagrees with my ultimate position in the impeachment hearing and I am delighted to offer this opposing view as a guest columnist on our site.

Continue reading “Alan Morrison: Turley Is Right But Ultimately Wrong” →
Justice, Lawyering, Media, Politics

Lisa Page Sues FBI and Justice Department For Privacy Violations

Former FBI lawyer Lisa Page is suing the FBI and Department of Justice for violating the Federal Privacy Act in the release of their test messages to former FBI Counterespionage Chief Peter Strzok. President Donald Trump has made repeated and mocking references to the texts, including salacious and romantic messages between the two former FBI employees who engaged in an extramarital affair. Many of us have recoiled at the level of disclosure of this affair and particularly the President’s inappropriate taunts, including last night at a rally in Pennsylvania. The lawsuit could raise some interesting questions of the privacy affords such records, but it is unlikely to prevail.

Continue reading “Lisa Page Sues FBI and Justice Department For Privacy Violations” →
Bizarre, Media, Politics, Torts

Trump Attacks Page and Strozk With Disturbing Reference To Alleged Restraining Order

In a highly disturbing moment last night, President Donald Trump launched into an attack on former FBI lawyer Lisa Page and former FBI Counterespionage Chief Peter Strozk with a shocking reference to a restraining order that Page allegedly had to take out on Strozk after their affair. President Trump has previously attacked the couple, even mocking them in a made-up, seemingly orgasmic conversation in bed. Those were highly inappropriate and unpresidential moments but this could be defamation, if untrue. [Some media sites like the Daily Beast are saying that the allegation is being denied as untrue] Even if it is not actionable, occupying the space somewhere between defamation and demagoguery is no place for a president. (Note Lisa Page just filed a lawsuit under the Privacy Act on the disclosure of her emails with Strozk).

Continue reading “Trump Attacks Page and Strozk With Disturbing Reference To Alleged Restraining Order” →
Congress, Justice, Lawyering, Media

No, The Main Take-Away From Horowitz Was Not Debunking A “Conspiracy Theory”

I have a column out today on the Horowitz report in the Hill newspaper. As has become a common practice, the report was immediately and grotesquely misrepresented. On CNN, the takeaway was that the Inspector General “Debunks Trump conspiracy theory.” Chris Cillizza stated “That sound you just heard is the air coming out of the Trump conspiracy balloon.” It is all perfectly bizarre as are the attacks on both Attorney General Bill Barr and U.S. Attorney John Durham for their disagreement on that one finding.

Continue reading “No, The Main Take-Away From Horowitz Was Not Debunking A “Conspiracy Theory”” →
Criminal law, Justice, Lawyering, Media, Politics

Report: Barr Has Moved Against Giuliani In Meetings With President Trump

Attorney General William Barr has reportedly counseled President Donald Trump that his personal lawyer Rudy Giuliani has served him poorly and should be dropped. The Washington Post reported Sunday that Barr has directly raised with Trump the need for him to recognize what a liability Giuliani has become. It is an interesting story because Giuliani has not only become inappropriately intertwined with State Department business but also Justice Department business. It is not clear if Secretary of State Mike Pompeo has made any such objections, but the Post is reporting that various sources have confirmed that Barr has moved against Giuliani.

Continue reading “Report: Barr Has Moved Against Giuliani In Meetings With President Trump” →
Academia, Bizarre, Media, Politics

“Demonstrably False”: It Is Not True That The Johnson and Clinton Impeachments Had Shorter Impeachment Investigations

Today I posted a column addressing a false story circulating on MSNBC and other outlets that my testimony in the Clinton and Trump impeachments are in contradiction. In fact, the testimony is so close that I could be charged more with self-plagiarism than self-contradiction. However in the hearing there was another clearly false statement put into the record by the Democratic members: that I am “demonstrably wrong” in saying that this could be the fastest or shortest impeachment in history. While the effort is clearly designed to encourage people not to seriously consider my criticism of the record and process in this case, a little history — and my actual testimony — might be helpful.

Continue reading ““Demonstrably False”: It Is Not True That The Johnson and Clinton Impeachments Had Shorter Impeachment Investigations” →