Category: Politics

Columns, Congress, Constitutional Law, Courts, Media, Politics, Supreme Court

“We Have Never Had This Moment Before”: The Jackson Confirmation Shows Striking Differences From Prior Confirmations

Below is my column in USA Today on the confirmation hearings for Judge Ketanji Brown Jackson. For the most part, the hearings remained respectful and civil. I criticized some of the questioning from Republican senators on relevance or tone, but the difference with the prior three nominations was striking in a number of respects. Judge Jackson faced tough questioning on her prior decisions, but there were no giant pictures of alleged future victims or attacks on her religion or family that we saw two years ago. Indeed, as Sen. Cory Booker (D., N.J.), stated “This is not a normal day for America. We have never had this moment before.”

Here is the column: Continue reading ““We Have Never Had This Moment Before”: The Jackson Confirmation Shows Striking Differences From Prior Confirmations” →

Columns, Constitutional Law, Media, Politics

No, Judicial Methodology is Not the Same as Judicial Philosophy

Before the start of the confirmation of hearings of Judge Ketanji Brown Jackson, one of greatest outstanding questions concerned Jackson’s approach to constitutional and statutory interpretation.  “Judicial philosophy” was the very basis that Democratic senators cited in voting against Amy Coney Barrett in 2020. However, within minutes of the start of the hearing, it was clear that Jackson would not discuss her views. Instead, when asked about “judicial philosophy” she responded with descriptions of her “judicial methodology.” It is not the same thing but that evasion was shrugged off by members and commentators alike. Continue reading “No, Judicial Methodology is Not the Same as Judicial Philosophy” →

Criminal law, Media, Politics

Justice Department Accused of Assault on Free Speech and Free Press in the Project Veritas Case

I previously wrote about deep concerns over the FBI investigation of Project Veritas over the missing diary of Ashley Biden, daughter of President Joe Biden. The use of the FBI in a case involving a missing diary is itself difficult to square with its priorities, let alone the different treatment given the New York Times.  Now, counsel for Project Veritas has filed a motion detailing what could be a very serious violation of court orders as well as an attack on free speech and free press.

Continue reading “Justice Department Accused of Assault on Free Speech and Free Press in the Project Veritas Case” →

Bizarre, Congress, Constitutional Law, Politics, Supreme Court

Dial H for Homicide? MSNBC Commentator Accuses Sen. Hawley of Trying To Murder Judge Jackson
.

In the movie “Dial M for Murder,” the character Mark Halliday explained how he writes about murders: “I usually put myself in the criminal’s shoes and then I keep asking myself, uh, what do I do next?” He admitted, however, that “I’m afraid my murders would be something like my bridge: I’d make some stupid mistake and never realize it until I found everybody was looking at me.”

That appears to be the fate of MSNBC commentator and the Nation’s Justice Correspondent Elie Mystal, who recently accused Sen. Josh Hawley of trying to kill Supreme Court nominee Judge Ketanji Brown Jackson. His weapon: a question about her prior legal positions.

Continue reading “Dial H for Homicide? MSNBC Commentator Accuses Sen. Hawley of Trying To Murder Judge Jackson” →

Columns, Congress, Constitutional Law, Media, Politics

Will Senate Apply the Ginsburg or the Barrett Rule to Judge Jackson?

Below is my column in the Hill on the confirmation hearings that start today for Judge Ketanji Brown Jackson. The question is whether there will be a substantive discussion of Jackson’s  approach to judicial interpretation and judicial ethics.

Here is the column:

Continue reading “Will Senate Apply the Ginsburg or the Barrett Rule to Judge Jackson?” →

Columns, Congress, Constitutional Law, International, Politics

Choosing Sides: The Congress Should Freeze Aid to Countries Buying Russian Gas

Below is my column in the Hill on a proposal for legislation to address allies supporting Russia through gas contracts. Congress can constitutionally freeze aid to countries undermining sanctions by buying cut-rate gas from the Putin regime. In the meantime, India’s major gas contract pumping money into the Russian economy will not be treated by the Biden Administration as a sanctions violation. Congress can force a bright line on foreign aid that aligns with our public and moral positions on Ukraine. Under its Article I powers, Congress can condition such foreign aid and, if necessary, override a veto from President Joe Biden.

Here is the column: Continue reading “Choosing Sides: The Congress Should Freeze Aid to Countries Buying Russian Gas” →

Criminal law, Media, Politics

White House Mum on Hunter Biden Story as DOJ Acquires Additional Financial Records

In the aftermath of the New York Times admitting that the Hunter Biden laptop was authentic all along, the Biden White House has gone into radio silence — and few reporters are pressing the President for an answer. White House press secretary Jen Psaki  previously spread the false claim that the laptop was Russian disinformation (as did President Biden). She is now saying that it would be inappropriate for her to address her prior comments on the scandal. Thankfully, there has been no run to the local ice cream store but this cone of silence is occurring as reports come out of additional evidence acquired on Hunter Biden in the ongoing criminal investigation.

Continue reading “White House Mum on Hunter Biden Story as DOJ Acquires Additional Financial Records” →

Congress, Constitutional Law, Free Speech, Media, Politics

The War on Free Speech: Politicians and Commentators Label War Critics “Traitors”

It is often said that “the first casualty of War is Truth.” It is a powerful but slightly inaccurate statement. The first casualty before truth is free speech. Lies only triumph when unchallenged. That is why one of the most consistent responses to war, including in the United States, has been an attack on the free speech of dissenters. This anti-free speech impulse rests like a dormant virus in the body politic and it has emerged, once again, like a fever during the Ukrainian War. From Congress to the arts, critics of the war are being labeled “traitors” and “agents of Russia.”

Continue reading “The War on Free Speech: Politicians and Commentators Label War Critics “Traitors”” →

Academia, Bizarre, Media, Politics

Teachers’ Union Teams Up With Steven Brill’s NewsGuard to Flag “Misinformation” for Children

Under the leadership of Randi Weingarten, the American Federation of Teachers (AFT) has long been criticized by conservatives for its support of far left policies and support for Democratic candidates. Nevertheless, as a union, it is entitled to be political and most unions favor the Democrats due to their pro-union policies. However, the concern over the AFT’s agenda become far greater when it announced that it would team up with NewsGuard to start to flag news sources deemed “misinformation.” NewsGuard is co-founded by Steve Brill who has been accused of bias against Republicans and conservatives. Conservative sites have previously tagged NewGuard as “heavily skewed” in favor of the left. The “misinformation” label has been used extensively by liberal media to kill stories like the Hunter Biden laptop stories as unreliable. Indeed, Brill is under fire for being one of the voices falsely claiming that the Hunter Biden laptop was likely false Russian disinformation. His company will now put “traffic lights” on information for children on what sources they rely upon.

Continue reading “Teachers’ Union Teams Up With Steven Brill’s NewsGuard to Flag “Misinformation” for Children” →

Criminal law, Media, Politics

The New York Times Admits Hunter Laptop was Authentic and Possible Basis for Charges

There are some things that are just painful to watch. For some of us, the Bears offensive line in the last couple of years would force us to look the other way for four quick downs. For others, it is cringeworthy dancing and singing of politicians to appeal to younger voters.  However, there is nothing more painful than watching the media forced to recognize long-buried scandals related to the Biden family.

Continue reading “The New York Times Admits Hunter Laptop was Authentic and Possible Basis for Charges” →

Academia, Criminal law, Media, Politics

Washington Post Column: Jussie Smollett is “Just Another Black Man Serving Time-in a System More Perverted than his Crime.”
Cook County Sheriff’s Office
The Washington Post yesterday ran a column by MSNBC Legal Analyst and Georgetown Law Professor Paul Butler that argued that the incarceration of actor Jussie Smollett for 150 days is a miscarriage of justice fueled by racism. Butler declares that Smollett is “just another Black man serving time — in a system more perverted than his crime.” The Washington Post column repeats a number of legal assertions that have been refuted by the special investigator, prosecutors, the court, and others about the case. Continue reading “Washington Post Column: Jussie Smollett is “Just Another Black Man Serving Time-in a System More Perverted than his Crime.”” →
Congress, Constitutional Law, Politics, Testimony

Turley to Testify before the Senate on Presidential Records

Twenty years ago, I testified in Congress on the Presidential Records Act and the need for reforms to preserve these records for history. This morning I will testify again on this subject before the Senate Committee on Homeland and Governmental Affairs in a hearing entitled “Correcting the Public Record: Reforming Federal and Presidential Records Management.”  

Continue reading “Turley to Testify before the Senate on Presidential Records” →

Congress, Constitutional Law, Politics

Poll: Almost Forty Percent of Americans Say That They Would Rather Flee Than Defend the United States

In World War II, Winston Churchill famously declared that “Never in the field of human conflict was so much owed by so many to so few.” It appears that there may be even fewer to count on if a recent poll out this weekend is accurate. The Quinnipiac University poll asked Americans “what would you do if you were in the same position as Ukrainians are now, stay and fight or leave the country?” Only 55 percent said that they would stay and fight for this country. That included only 40 percent of Democrats. Overall 38 percent of Americans said that they would flee. It appears that this country is facing an existential crisis of faith and we should have a frank discussion about why so comparably few Americans are now willing to pledge their lives in defense of this country. Continue reading “Poll: Almost Forty Percent of Americans Say That They Would Rather Flee Than Defend the United States” →

Congress, Politics

When Pigs Fly: Congress Inserts over 4,000 Pork Earmarks in Spending Bill

For years, Congress has dispensed with the pretense of informed legislative process when it comes to major bills and appropriations. The new $1.5 trillion omnibus spending bill, however, took the notion of blind legislating to a disgraceful degree. Democratic leadership dumped the almost 3,000 page bill on the members (and the public) on Wednesday with only a couple days to review the massive spending. That includes over 4,000 pork projects in earmarks.

Continue reading “When Pigs Fly: Congress Inserts over 4,000 Pork Earmarks in Spending Bill” →

Academia, Free Speech, International, Politics

Should Universities Take a Stand on Ukraine? UChicago is Facing That Question
It has become increasingly common for universities to take political positions in support of everything from Black Lives Matter to D.C. Statehood. As such positions increase, there is more and more pressure for official positions to be taken on other subjects. Now, the University of Chicago is being asked to affirm its support of Ukraine after controversial statements from Professor John Mearsheimer. (For full disclosure, I am a graduate of UChicago and Mearsheimer was one of faculty when I was doing strategic studies research at the department). Continue reading “Should Universities Take a Stand on Ukraine? UChicago is Facing That Question” →
Res ipsa loquitur – The thing itself speaks