Category: Politics

Criminal law, Politics, Torts

Colorado Candidate Accused of Yielding to Blackmail While on the Aspen City Council

There is a bizarre political controversy out of Colorado that may raise some interesting defamation and criminal law questions. Both the Colorado GOP and Rep. Lauren Boebert (R-CO) are calling for Democrat Adam Frisch to withdraw from the race. The basis for the demand is a Breitbart story detailing the claim of a local businessman that he successfully blackmailed Frisch to change his vote on a key bill in order to avoid the disclosure of a sexual affair. Local media has reported a denial from Frisch. If untrue, this businessman could face a major defamation action, but Frisch has not indicated whether he will contest the allegation in court. Continue reading “Colorado Candidate Accused of Yielding to Blackmail While on the Aspen City Council” →

Bizarre, Lawyering, Media, Politics

Lawyer Linked to Hunter Biden Hit With Ethics Complaint

For those of us who have closely followed the Hunter Biden scandal, one figure remains mysterious in his role in the possible tax violations by the President’s son. Kevin Morris is a wealthy entertainment lawyer who reportedly paid off as much as $2.8 million in back taxes for Hunter. I have previously discussed the relationship and expressed uncertainty as to whether Morris was acting as a friend or a lawyer (use of personal funds in a representational matter can present ethical issues). Now, Morris is the subject of an ethics complaint by the conservative group Marco Polo, which lured him into a hoax exchange over disproving the laptop allegations.

Continue reading “Lawyer Linked to Hunter Biden Hit With Ethics Complaint” →

Columns, Constitutional Law, Media, Politics

Will Musk “End Twitter As We Know it”? I Sincerely Hope So

Twitter LogoBelow is my column in USA Today on the panic among political and media figures at the prospect that Elon Musk might return free speech protections to Twitter. I have long advocated what I call the “First Amendment model” for social media to replicate the standards applied to the government. While I am often called a “free speech absolutist,” I recognize that a social media company (like the government) has some ability to curtail speech containing elements like threats. The question is the baseline, which is far lower when modeled on the First Amendment. This admittedly means that some offensive or false claims will be allowed on social media, which will function closer to a common carrier or other means of communications like telephones. Rather than continue the expanding level of censorship and biased “content modification,” free speech can address such bad speech with better speech.

Here is the column: Continue reading “Will Musk “End Twitter As We Know it”? I Sincerely Hope So” →

Columns, Congress, Criminal law, Politics, Society

“Something That Horrified Us All”: Emails Reveal Mayorkas was Warned that Migrant Whipping Story was False

Homeland Security Secretary Alejandro Mayorkas has finally crossed the line into infamy. No, it is not because of the record level of border crossings with millions pouring into the country. It is not the obvious lack of confidence of the rank and file officers in Mayorkas. It is not even past controversies like his Orwellian “Disinformation Governance Board.” Continue reading ““Something That Horrified Us All”: Emails Reveal Mayorkas was Warned that Migrant Whipping Story was False” →

Criminal law, Media, Politics

President Biden Pushes Hunter’s Addiction as CNN Omits Questions on Influence Peddling and Contradictions

This week I wrote a column on a notable shift by political and media figures on the Hunter Biden scandal toward a last line of defense: the addiction defense. This shift is most obvious with President Joe Biden who spent years insisting that his son “did nothing wrong,” even bizarrely claiming that “no one has suggested that my son did anything wrong.” That defense was picked up by the White House. Continue reading “President Biden Pushes Hunter’s Addiction as CNN Omits Questions on Influence Peddling and Contradictions” →

Columns, Criminal law, Politics

The Seven-Percent Solution: How Hunter Biden Allies are Turning to Addiction as a Last Line of Defense

Below is my column in the New York Post on the increasing use of Hunter Biden’s history of addiction as a defense or excuse for his conduct as possible charges are reportedly under consideration in Delaware. The use of the addiction defense omits a few salient points in the record of influence peddling by Hunter Biden. His cocaine addiction is now the “seven-percent solution” to avoid any public airing of the corrupt multimillion dollar enterprise connected to the Biden family.

Here is the column:

Continue reading “The Seven-Percent Solution: How Hunter Biden Allies are Turning to Addiction as a Last Line of Defense” →

Constitutional Law, Courts, Politics

Halakha Challenge: Three Kentucky Women Argue Abortion Law “Imposed Sectarian Theology on Jews.”

Among the slew of challenges to state abortion laws after the decision in Dobbs v. Jackson Women’s Health Organization, a newly filed action in Kentucky may be one of the most creative. The complaint by three Jewish women from Louisville seeks to block the state trigger law on the basis that it violates their religious rights since they do not believe that life begins at fertilization under Jewish law, or Halakha. I am highly skeptical of the religious claims, which have also been made in other states. Continue reading “Halakha Challenge: Three Kentucky Women Argue Abortion Law “Imposed Sectarian Theology on Jews.”” →

Columns, Criminal law, Media, Politics

The Golden Rule and the Hunter Biden Scandal: Three Questions Raised by the FBI Leak

Below is my column in the Hill on the noticeably narrow scope of charges referenced in the recent FBI leak from the Delaware investigation. The leak raises a number of intriguing questions in its wake.

Here is the column: Continue reading “The Golden Rule and the Hunter Biden Scandal: Three Questions Raised by the FBI Leak” →

Bizarre, Media, Politics

Media Matters Founder David Brock Tied to “Ploy” of Media Sites Favoring Democrats

According to Axios, Democrat operatives are allegedly facilitating news sites to push campaigns in close states during the midterm elections. The article discusses 51 sites with names such as the Milwaukee Metro Times, the Mecklenburg Herald, and the Tri-City Record. These sites are reportedly being supported by the American Independent (TAI), which was “launched by Democratic operative and fundraiser David Brock — also known for founding the left-leaning media watchdog Media Matters for America.” Continue reading “Media Matters Founder David Brock Tied to “Ploy” of Media Sites Favoring Democrats” →

Constitutional Law, Courts, Politics

Has “Jim Eagle” Landed in Delaware? State Supreme Court Blocks Universal Mail-in Balloting

We recently discussed a federal court upholding the Georgia election law as constitutional, rejecting challenges based on voter suppression by a group associated with Democratic Georgia gubernatorial candidate Stacey Abrams. President Biden has denounced pre-2020 and post-2020 changes to the state election laws as not just “Jim Crow on steroids” but “Jim Eagle,” an awkward effort to suggest something more scary than Jim Crow. However, some of us pointed out that provisions criticized by the President are found in many blue states, including his own state of Delaware. Now, the Delaware Supreme Court has rejected a Democratic universal mail-in voting law as unconstitutional. Continue reading “Has “Jim Eagle” Landed in Delaware? State Supreme Court Blocks Universal Mail-in Balloting” →

Criminal law, Politics

Stacey Abrams Denounces “Voter Suppression Law” After Federal Court Rejects Voter Suppression Claims

We previously discussed a federal court upholding the Georgia election law as constitutional this week, rejecting challenges based on voter suppression. That did not appear to change the narrative for Democratic Georgia gubernatorial candidate Stacey Abrams, who is closely associated with the Fair Fight Action group that lost the case. Abrams claimed that the federal court actually found a “racist, discriminating system” and the law is “a voter suppression law that is already harming Georgians this year.”  Indeed, while acknowledging the loss in court, the interview makes it sound like Abrams’ group largely prevailed rather than entirely lost their challenge on voter suppression.

Continue reading “Stacey Abrams Denounces “Voter Suppression Law” After Federal Court Rejects Voter Suppression Claims” →

Constitutional Law, Politics

Hochul’s Circular Firing Squad: Federal Court Rules Against New York’s Gun Law

I previously wrote about the latest New York gun law passed after the Court’s ruling in New York State Rifle and Pistol Association v. Bruen and how it follows a long line of legally flawed legislative measures in the area. It did not take long.  On Thursday, federal District Judge Glenn T. Suddaby issued a temporary restraining order against a substantial part of the law, including barring the provisions previously discussed as presumptively unconstitutional. Continue reading “Hochul’s Circular Firing Squad: Federal Court Rules Against New York’s Gun Law” →

Constitutional Law, Free Speech, Media, Politics

“Be Afraid, Be Actually Afraid”: Reporters Panic at the Thought of Twitter Restoring Free Speech Protections

Twitter Logo“Be afraid, be actually afraid.” Those words from former Politico Magazine editor Garrett M. Graff captures the hyperventilation in the media this week. No it is not Vladimir Putin’s threat of unleashing a nuclear war or the word that our national debt has reached a staggering $31 trillion. No, it is the news that Elon Musk may go forward with the purchase of Twitter and . . . [trigger warning] . . . free speech protections might be restored on the platform. The pearl-clutching of various media and academic figures shows how engrained the censorship culture has become in the United States. Continue reading ““Be Afraid, Be Actually Afraid”: Reporters Panic at the Thought of Twitter Restoring Free Speech Protections” →

Columns, Constitutional Law, Courts, Politics

“Jim Eagle” Has Landed: A Federal Court Rejects Challenge to Georgia Election Law

Below is my expanded column in Fox.com on the recent decision finding the Georgia election law constitutional. That was the law widely denounced by President Joe Biden and other Democratic leaders as unconstitutional as a “new Jim Crow” law. The media repeated the claim despite some of us noting that the law fit well within existing precedent and even shared conditions with blue states like Delaware. Now that the challenge to election law changes denounced as voter suppression have been entirely rejected, there is little more than a shrug from some of the same figures and outlets.

Here is the column: Continue reading ““Jim Eagle” Has Landed: A Federal Court Rejects Challenge to Georgia Election Law” →

Columns, Constitutional Law, Courts, Politics

From Affirmative Action to Andy Warhol: Buckle up for a Wild Supreme Court Term

Below is my column in The Hill on the start of the new Term for the Supreme Court. The column predicts that critics will likely respond to the expected new precedent by attacking the integrity rather than the interpretations of the justices.  I was wrong. The New York Times did not wait for any new decisions and attacked the integrity of the conservative justices as the “judicial arm of the Republican Party.” Does that make the three liberals justices voting together on the Court the “judicial arm of the Democratic Party”?  Of course not. Justices are only partisan to the degree that you disagree with their jurisprudential views.

Here is the column: Continue reading “From Affirmative Action to Andy Warhol: Buckle up for a Wild Supreme Court Term” →

Res ipsa loquitur – The thing itself speaks