Politicians have long viewed tragedies and crises as opportunities not to be “wasted.” Most recently, Samantha Power, Biden’s Administrator of the United States Agency for International Development, told ABC that they did not want to waste the war in Ukraine as a way of pushing green initiatives. She explained to George Stephanopoulos that you should “never let a crisis go to waste.” Governor Kathy Hochul (D-NY), adopted the same approach to the massacre in Buffalo in renewing calls for censorship on the Internet. While many drew the connection between the shooting and the need for greater gun control measures, Hochul notably went further to demand the curtailment of free speech protections. Speaking later at a church, she pledged to “silence the voices of hatred and racism and white supremacy all over the Internet.”
Category: Politics
Harvard Law professor emeritus Laurence Tribe has long been an endless font for the media in claiming clear evidence of a variety of crimes for the imminent prosecution of Donald Trump. Tribe declared evidence supporting criminal charges of witness tampering, evidence of obstruction f justice, criminal election violations, Logan Act violations, extortion and poss
Below is my column in the Hill on the call for the use of a federal law to arrest protesters outside of the homes of justices. The crushing irony is that many of these critics have spent years calling for the denial or curtailment of the free speech of others. Yet, these justices being targeted in their homes would likely narrowly construe or bar the use of this law.
Here is the column:
Chicago Mayor Lori Lightfoot (D) facing criticism over a tweet in which she issued a “call to arms” after the recent leaking of the abortion decision from the Supreme Court. In the aftermath of the firebombing of a pro-life office and the doxing of Supreme Court justices, the “call to arms” was alarming for many, particularly given the violent protests in Chicago in prior years. I do not believe that Lightfoot is encouraging anything other than peaceful advocacy. Yet, it is striking how virtually identical language has been used by Democrats to seek the disqualification of GOP members and criminal charges against figures like Donald Trump. Indeed, such rhetoric featured greatly in the second impeachment of Donald Trump. Continue reading “Insurrection or Advocacy? Chicago Mayor Lightfoot Issues “Call to Arms” After Leaked Abortion Ruling”
For two years, Democrats have been trying to disqualify dozens of Republicans from appearing on ballots for supporting the challenge to the certification of the 2020 election or declaring the election to be stolen. It is premised on a deeply flawed historical and legal view of a provision under the Fourteenth Amendment. In the name of democracy, these Democrats have demanded that courts prevent voters from being able to vote for incumbent members. Yet, scholars like Harvard Professor Laurence Tribe have endorsed this sweeping interpretation. It has been rejected repeatedly in the courts. The latest such ruling comes from the Arizona Supreme Court which ruled that Democrats could not prevent Rep. Paul Gosar (R-AZ) from appearing on the ballot in 2022.
Below is my column in the Hill on the leak and the refusal of President Joe Biden to denounce such conduct. It is a defining moment for his presidency that, even in the face of such a disgraceful and unethical act, the President cannot muster the courage to condemn it. He then magnified that failure by refusing to condemn the doxing and targeting of justices and their families at their homes.
Here is the column:
Senate Minority Leader Mitch McConnell told USA Today this week that it is “possible” that Congress could pass a national ban on abortion if the leaked draft opinion overturning Roe v. Wade is finalized. In the interview, McConnell confirmed that there would be nothing standing in the way of such national legislation. McConnell did not say that he was calling or planning for such a vote. He was stating that it would be legally possible if Roe is overturned. However, such a vote would leave the position of the GOP in an incomprehensible morass on its views in the area. For decades, Republicans have insisted that this issue is a state, not a federal, matter. It could also raise some difficult constitutional questions under federalism.
Continue reading “McConnell: Federal Abortion Ban is “Possible” if Court Strikes Down Roe v. Wade”
According to reports, Elon Musk is now expected to take over as the temporary CEO of Twitter as soon as his financing of the purchase is finalized. It is good news because buying Twitter may prove a mere skirmish in comparison to the coming battle. Political forces in the United States and abroad are already aligning to resist his effort to restore free speech to social media.
If history has shown one thing, it is that it is easier to lose rights than to regain them. Musk has a product in demand but neither governments nor many of his own employees want to be sold. If Musk is to fulfill his pledge, he will need to take five specific steps to secure free speech protections. Given the interests allied against him, Musk must move quickly if he wants to not only reintroduce but to maintain free speech on Twitter. Continue reading “Five Steps to Save Free Speech on Twitter: A Musk Roadmap”
The response to the leaked draft opinion overturning Roe v. Wade has unleashed a torrent of outrage on the left. While many are calling for marches and sweeping new legislation, some are focused on calling out the justices in the majority for alleged “perjury” or “lying” in their confirmation hearings, particularly Justices Samuel Alito, Brett Kavanaugh, and Neil Gorsuch. In reality, they did not lie in testimony in referencing Roe as established precedent. The suggestion of perjury is utter nonsense. Continue reading “No, Justices Did Not Commit Perjury in Their Confirmation Hearings When Asked About Roe”
The leaking of a draft opinion in Dobbs v. Jackson Women’s Health Organization has rocked the Court and Washington. The 98-page draft opinion is dated Feb. 10, 2022 and authored by Associate Justice Samuel Alito. I have two columns (in USA Today and The Hill) today on the opinion and the disgraceful leak from within the Court. Continue reading “Leaked Draft Opinion Rocks the Court and Washington”

Below is a slightly expanded version of my column in The Hill on the appointment of Nina Jankowicz as the new head of the federal government’s announced Disinformation Governance Board. This Sunday, Homeland Security Secretary Alejandro Mayorkas assured CNN viewers that there is nothing to fear from his new Disinformation Governance Board, which will “gather together best practices in addressing the threat of disinformation.” I think we can guess what the “best practice” might be from one of the most vocal advocates of corporate and state censorship.
Here is the column: Continue reading “Biden’s Disinformation Nanny: Why Nina Jankowicz is “Practically Perfect in Every Way.””
There is an old fable of a scorpion who wants to cross a river and convinced a hesitant frog to carry him on its back. After all, if he stung the frog in the river, they both would die. That seemed logical so the frog agreed to do so only to have the scorpion deliver a lethal sting halfway across. When the frog asked why the scorpion would doom them both, the scorpion replies: “I am sorry, but I couldn’t resist the urge. It’s in my nature.”
The story came to mind this week when the new head of the Disinformation Governance Board, Nina Jankowicz, pledged to protect free speech despite a career dissing and dismissing the right. After withering criticism of her appointment, Jankowicz declared the new board at Homeland Security will “maintain the Dept’s committment [sic] to protecting free speech.” She has spent a career denouncing “first amendment zealots” like myself who believe in a robust view of free speech.

Many politicians and pundits are in full panic over Elon Musk’s threat to restore free speech values to Twitter. While Hillary Clinton has called upon Europeans to step in to maintain such censorship and Barack Obama has called for U.S. regulations, the Biden Administration has created a new Disinformation Governance Board in the Department of Homeland Security. It appointed an executive director, Nina Jankowicz, who is literally pitch perfect as an advocate for both corporate and state censorship.
Below is my column in USA Today on how the Musk purchase of Twitter has forced politicians and pundits to move from corporate censorship to calls for good old-fashioned state censorship. Indeed, Sen. Elizabeth Warren (D., Mass.) has declared Musk’s pledge to restore free speech values on social media as threatening Democracy itself. She has promised that “there are going to be rules” to block such changes. She is not alone. Former President Obama has declared “regulation has to be part of the answer” to disinformation. For her part, Hillary Clinton is looking to Europe to fill the vacuum and called upon her European counterparts to pass a massive censorship law to “bolster global democracy before it’s too late.”
Here is the column:

In response of Elon Musk buying Twitter with a pledge to restore free speech values to the company, Senator Elizabeth Warren (D., Mass) joined many on the left in declaring that our very democracy is now in danger. However, last night Warren went further with MSNBC’s host Ari Melber to pledge to hit Musk and others with a wealth tax and “new rules” limiting what he can do with his new company.
The choice of interviewers was notable since Melber has been under fire for warning that Twitter could be used to “secretly ban” or “turn down the reach” of a political party or candidate. That is apparently worse than Twitter openly banning candidates and suspending accounts of conservatives for years. Melber emphasized “this thing matters a ton.” That is a ton more than it mattered for the last six years. Continue reading ““There are Going to be Rules”: Warren Pledges Wealth Tax and Social Media Regulations After Musk Twitter Deal”


