Former Secretary of Homeland Security Jeh Johnson has withdrawn from being the next commencement speaker at Vassar College following protests over his enforcement of border laws under former President Barack Obama. It is only the latest example of rising intolerance on our campuses. Continue reading “Jeh Johnson Withdraws as Vassar Commencement Speaker After Protests” 
Below is my column in the Hill on the new NUDGE Act, proposed by Sen. Amy Klobuchar to reform social media. It is, in my view, a Trojan horse bill that threatens core free speech values.
Here is the column:
Continue reading “Tech Trojan Horse: How the Senate is Poised to Codify Censorship of Social Media”
In an earlier column, I wrote about what I saw as an insurmountable conflict of interest for Judge Ketanji Brown Jackson if she is confirmed to the Supreme Court. One of the most important cases on the Court’s calendar is a racial discrimination case involving Harvard admissions policies. I was surprised, therefore, to read that Harvard Law Professor Noah Feldman and others believe that Jackson has strong arguments against any recusal in the case. I wanted to address those arguments in greater detail.
This week, the Supreme State Attorney Igor Striz of the Czech Republic announced that the country is moving to criminalize speech supporting Russian President Vladimir Putin or the Russian invasion with sentences of up to three years. It is a curious way to fight tyranny . . . with tyrannical measures against free speech.
Below is my column in the Hill on the possible conflict of interest faced by Judge Ketanji Brown Jackson if she is confirmed to replace Justice Stephen Breyer. If Judge Jackson becomes Justice Jackson, her service on a Harvard governing board will be a barrier to her sitting on one of the most significant cases of the term. While the Harvard Crimson quotes Professor Noah Feldman as saying that there is a “strong argument that she would not need to recuse,” I cannot see how she could ethically sit in judgment on the case given her board position.
Here is the column:
Continue reading “The Crimson Tie: Why Judge Jackson May Have An Ethical Problem To Address”
“I just find those words offensive frankly.” Those words of Sen. Amy Klobuchar (D., Minn.) on Fox Sunday were telling and timely. Klobuchar was responding to my column referring to the nomination of Judge Ketanji Brown Jackson as a “political deliverable” by President Joe Biden. Even before Jackson’s appearance on Capitol Hill, it appears that any acknowledgement of her nomination as fulfilling Biden’s express pledge is already being called “offensive.”
Continue reading “Taking the Offense: Is the Jackson Nomination “Beyond Politics”?”
For those of us who have covered the Hunter Biden scandal for years, one of the most prominent figures in his alleged influence peddling efforts is Devon Archer, his close friend and partner. Archer was sentenced yesterday by federal District Judge Ronnie Abrams to a year in jail. Archer is shown (far left) in this 2014 picture with Joe Biden and Hunter Biden.
Continue reading “Hunter Biden’s Ex-Partner Sentenced to Federal Prison for Fraud”
Below is my column in the Hill on the nomination of Judge Ketanji Brown Jackson. What is most notable of the statements of support for Judge Jackson is how little is said about her judicial philosophy or approach to the law. The fact is that we have a comparably thin record of opinions in comparison to recent nominees. While she obviously has opinions as a district court judge, there are few opinions that shed light on her judicial philosophy. That is not surprising for a trial judge who issues hundreds of insular decisions on trial issues or outcomes. This is not about the years of experience on the bench, which I have repeatedly noted is a great strength in the nomination. It simply means that we have fewer opinions offering substantive insights into her approach to legal interpretation. The question is whether we will learn substantially more in this confirmation.
Here is the column:
Below is my column in the Hill on the acceptance of a major new case by the Supreme Court on the issue of free speech and anti-discrimination laws. The nomination of Judge Ketanji Brown Jackson of the United States Court of Appeals for the District of Columbia (the subject of today’s Hill column) and the Ukraine war took attention from this addition to the docket. However, this case has the makings of a major course change for the Court.
Here is the column:
The prosecutors, Carey R. Dunne and Mark F. Pomerantz, submitted their resignations this week to Manhattan District Attorney Alvin Bragg in the investigation into former President Donald J. Trump and his business practices. The resignations came after Bragg reportedly questioned the case against Trump. The challenge in such cases is that companies regularly manipulate the stated value of their assets for tax or loan purposes, particularly in the real estate area. [Update: Bragg denies dropping case and has appointed Susan Hoffinger to lead a squad of about 25 lawyers, paralegals and analysts, according to the Washington Post).
Continue reading “Trump Prosecutors Resign After Grand Jury Case Stalls in Manhattan”
From Hunter Biden’s laptop to influence peddling to financial dealings, the media has presented a fairly unified front dismissing allegations and blacking out coverage. As I previously wrote, the Biden family made an elephant disappear on stage and the media was invested in the trick. The media has largely allowed President Joe Biden to repeat without challenge that that his son did “nothing wrong” . . . despite many of us writing for years that what he did was very wrong indeed. Yet, it is becoming increasingly hard to spin out of this scandal as David Weiss, the U.S. attorney for the District of Delaware, continues to call people before a federal grand jury to testify on Hunter Biden.
Below is my column in USA Today on the investigations into the finances and tax status of Black Lives Matters. As these inquiries expand, co-founder Patrisse Cullors is scheduled to speak in favor of defunding school police in Los Angeles. Many, however, are still seeking answers from Cullors’ time at BLM and what happened to millions in donations given by corporations and citizens. Cullors previously called capitalism a tragedy worse than Covid, but this is one tragedy that could have been avoided.
Here is the column:
Continue reading “A “Tragedy of Capitalism”? BLM Faces Growing Questions Over Millions in Donations”
Abby Broyles, a candidate for Congress, is embroiled in a bizarre controversy where she is accused of verbally abusing teenage girls at a slumber party and throwing up in a laundry basket and a girl’s shoe. That is not exactly a “chicken in every pot” type of political pitch. However, I am more interested in the legal than the political aspect of this case. My students and I often use such controversies to discuss the scope or application of torts theories. This one raises a couple of novel elements. Broyles initially called these girls and their parents liars behind a political hit job. She also allegedly threatened to sue a media outlet for running the allegations. The question is whether she could now be sued for defamation.
Public Health Scotland (PHS) is upset that critics are using its data to oppose Covid mandates and policies. PHS believes that the anti-vaxxers are seizing on the data to undermine its case for continued mandates. One official is quoted as saying that “[t]he case rates, hospitalization rates, the death rates are very simple statistics” and critics are misreading the data “inappropriately and sometimes willfully.” The solution? PHS will reportedly stop sharing the data with the public. It appears that it is not enough for companies like Twitter to ban critics from social media. Now, citizens will be protected not just from opposing views but information that will only confuse them. Continue reading “Public Health Scotland Stops Releasing Covid Data to Protect The Public From Reaching Bad Conclusions”
