The Biden Administration has racked up a long line of losses in federal courts in what is one of the worst records in the first six months of any modern presidency. While most Administrations tend to minimize such test cases to avoid creating bad precedent, the Biden Administration has litigated with an utter abandon — elevating political over legal considerations in litigation. The latest is one of the most disturbing. This week the Supreme Court ruled 6-3 to strike down President Biden’s renewal of the controversial eviction moratorium. It was the second time that a majority of justices declared the moratorium as unconstitutional but, as in other areas, the Biden Administration has become openly and chillingly dismissive of such legal considerations. Continue reading “Supreme Court Delivers New Rebuke to the Biden Administration in Reinstating the “Remain in Mexico””
Category: Politics
“Who watches the watchmen”? That question from a federal judge this week came in a confrontation with the Justice Department over its targeting or charging journalists. At issue is the prosecution of a controversial host of a far-right website called Infowars. Owen Shroyer was charged with trespass and disorderly conduct during the Jan. 6th riot. However, Shroyer claims to have been present as a journalist while the Justice Department insists that he is an activist. When U.S. Magistrate Judge Zia Faruqui asked for the basis of that distinction, the Biden Administration refused. The conflict exposes the problem with new regulations protecting journalists without clearly defining who is a journalist.
We have been following a slew of defamation lawsuits by political figures over the last few years. (See, e.g., here and here and here and here and here and here and here). As a torts professor, it has been a bonanza for my students to see different issues raised in such cases involving public officials and public figures. The latest such case is between two well-known Republican women and commentators: Kimberly Klacik and Candace Owens. Former Republican congressional candidate Klacik is suing commentator Candace Owens for defamation in alleging that she has committed criminal acts, money laundering used drugs, and workers at a strip club. Klacik is seeking $20 million in damages. The filings raise some interesting questions for tort actions between two public figures. Continue reading “Klacik v. Owens: GOP Congressional Candidate Sues Conservative Commentator For Defamation”
There is a new legal challenge over academic freedom and free speech brought by former University of Miami Law School Professor Dan Ravicher. Ravicher filed an Equal Opportunity Employment Commission complaint. Such complaints can be the precursor for litigation and there is every indication that Ravicher is intent on a showdown with Miami Law School. Continue reading “Former Miami Law Professor Files Federal Challenge Over Alleged Race and Gender Basis” 
We previously discussed the controversial career of Marc Elias, a partner at Perkins Coie, who featured prominently in the alleged concealment of the Clinton campaign’s funding of the Steele Dossier. Elias later gathered donors in challenging elections for Democratic candidates and fighting voting reform bills, including some controversial comments. Now the role of Elias and Perkins Coie could be raised in the investigation (and expected report) of Special Counsel John Durham. However, he and the firm have finally separated. Elias is now opening a legal group that purportedly will focus on, among other areas, ethics and campaign disclosures. That irony may not be lost on Durham who is looking into the origins of the Russian investigation, including not just the dossier but another controversy linked to Perkins Coie. Durham is reportedly investigating whether individuals or groups knowingly created or passed along false information or tips to the FBI to start the Russian investigation. Continue reading “Clinton Lawyer Featured In Steele Dossier Scandal Opens Firm With Focus On Ethics and Campaign Disclosures”
Yesterday I wrote a column in the Hill about the FBI reportedly finding no evidence a planned insurrection at the Capitol on January 6th. In a related story, the Capitol Police has now entirely cleared the still unnamed officer who shot and killed Ashli Babbitt despite her being unarmed. The decision was marked by the same lack of information that characterized an earlier decision from the Justice Department. There is little media coverage of the obvious disconnect in the handling of this shooting and other uses of force against protesters in recent riots. Even law professors are largely silent on the implications of a finding that the shooting of an unarmed protester is justified. Babbitt seems to be treated as “fair game” because she was part of the January 6th riot.
During the Trump Administration, we regularly discussed Democratic members and writers calling for the impeachment of Trump for everything from criticizing NFL kneelers to obnoxious tweets. Not to be outdone, many Republicans have been demanding the impeachment of Joe Biden for an array of missteps or controversies. Most recently, Rep. Majorie Taylor Greene called for the impeachment of Biden for the disastrous withdrawal from Afghanistan. (This is the second such motion for Greene). It is the same misuse of impeachment as a type of “no confidence vote.” The failure to properly plan and execute the withdrawal from Afghanistan has been an appalling failure by the Biden Administration. However, negligence is not an impeachable offense. Indeed, the lowering of the standard to cover such negligence would create great instability and dysfunction in our constitutional system.
Continue reading “No, The Disaster in Afghanistan is Not an Impeachable Offense”
There was a great deal of criticism of President Joe Biden’s press conference from his refusal to take questions on the Afghanistan situation to his calling for the use of Civil Rights laws to oppose any state laws barring mask mandates. One line however received little attention but contained a breathtaking and troubling pledge: “If a governor wants to cut the pay of the hard-working education leader who requires masks in a classroom, the money from the American rescue plan can be used to pay that person’s salary 100%.” With that line, Biden pledged to indemnify people who violate state laws, including orders upheld by the courts. For the states, one can understand if the line between a federal subsidy and a federal accessory is difficult to discern.
Today Res Ipsa was targeted for a second time in a cyber attack to prevent access to the site. While access for some was restored by WordPress technical support, I could not post or even gain access to the site for much of the day. WordPress confirmed that this was an intentional attack to freeze the site and my ability to post. We do not know when a third attack will occur. Continue reading “Res Ipsa Blog Hit By Targeted Cyber Attack”
Below is my column in The Hill on recent reports of grand jury testimony in the Durham investigation. The implications of the grand jury — and the eventual report — have rattled folks in the Beltway this week . . . for good reason.
Here is the column: Continue reading “Beware the Eephus: Washington on Edge As Durham Prepares Possible Indictments and Report”
After the recent admissions scandal at top California schools (including Stanford), the gifts of Rep. Ted Lieu (D., Cal.) would immediately raise concerns over the same type of academic pay-to-play pattern. However, the $51,046 to his alma mater, Stanford University, was not his own money but his campaign funds. It is like the Lori Loughlin but using someone else’s money. According to reports, the money was transferred just before his son was admitted to the highly competitive university. What is most shocking is that taking money for a campaign and then giving it to a school is not itself illegal. However, Lieu could still face some serious questions even under a law designed by Congress to allow what most donors would view as a bait-and-switch. Continue reading “Lieu’s Largess: Democratic Assistant Whip Accused of Giving Campaign Funds to Stanford Before the Admission of his Son”
We previously discussed the hypocrisy of the D.C. government and the media after D.C. Mayor Muriel Bowser admitted in court that it was the Metropolitan Police Department who used tear gas and stun grenades near the Lafayette Park in 2020. D.C. counsel also insisted that such use was entirely appropriate and sought to dismiss the lawsuit by the Black Lives Matter movement. The media effectively buried the story despite flogging a false narrative against former Attorney General Bill Barr for over a year in non-stop coverage. Barr was even denounced by members of my own faculty. Now, reporters are suing the city for attacking the media. Yet, there is no outcry in the media or from the left against Bowser and her government. Continue reading “D.C. Sued Over Use Of Stun Grenades and Chemicals Against Reporters in Racial Justice Protests”
In the last week, Apple unveiled “NeuralHash,” a tool that will hasten our move toward a dystopian post-privacy world. The company informed the world this week that it would be adding the NeuralHash to its network of over a billion iPhones, storage platforms, and other resources. The NeuralHash will allow it to scan images before they are uploaded to iCloud for child pornography. The user will then be disabled and reported to the National Center for Missing and Exploited Children. Continue reading “The Shadow State: NeuralHash and Apple’s Post-Privacy World”
University of California-Berkeley Dean Erwin Chemerinsky and Professor Aaron S. Edlin have purportedly solved the problem faced by Gov. Gavin Newsom. Despite overwhelming support in the media and massive fundraising on his behalf, Newsom is facing worsening polls in his fight against his recall and could lose in the election. In their guest essay for the New York Times Chemerinsky and Edlin declare any such successful recall would be unconstitutional as a denial of the principle of “one person, one vote.” The reason, however, would seem to suggest a wide array of elections as unconstitutional in the process. Continue reading “Law Professors Claim The Recall Of Newsom Would Be Unconstitutional” 
The media blackout on Hunter Biden’s laptop remains in force this week despite a major new development with the release of a videotape that purportedly shows Biden claiming that one of his laptops was stolen by Russians for blackmail purposes. He allegedly recorded the statement after filming having sex with an alleged prostitute in a Las Vegas hotel. This is major news from any standpoint. Either the President’s son admitted that Russians have blackmail material on him or the media (or others) have created a fake videotape and falsely framed Biden. One would expect, if it is the latter, that the Biden team will be announcing a lawsuit today. However, like the coverage in most major news outlets, there are only the familiar sound of crickets. Continue reading ““It Was F***ing Crazy Sh**”: Videotape Shows Hunter Biden Purportedly Admitting Russians Have Blackmail Material on Him”