Category: Politics

Academia, Free Speech, Media, Politics

Former Yale Professor Bandy Lee Sues University Over Termination
I have long been an out-spoken critic of Dr. Bandy Lee, a former faculty member in the School of Medicine and Yale Law School, who has made bizarre and unprofessional statements about the mental fitness of not just former president Donald Trump but his supporters. A favorite expert of MSNBC, Lee never disappointed hosts in declaring that Trump and his supporters are mentally ill and dangerous.  I was one of the first to call out Lee for violating the “Goldwater Rule” in such public diagnosis as she and others laid the foundation for a 25th Amendment removal of Trump within a year of his taking office. After numerous columns denouncing her, I should be relieved by the termination of Lee at Yale, as detailing in her recent  complaint, but free speech and academic freedom tend to make all such controversies more difficult. I actually have serious concerns about the termination.

Continue reading “Former Yale Professor Bandy Lee Sues University Over Termination” →

Free Speech, Media, Politics

Media Misinformation or Protection? Pro-Biden Media Figures Clash Over Pressing Biden On Immigration Surge

In the first White House press conference held with President Joe  Biden, many noted that the second question was given to “PBS NewsHour” correspondent Yamiche Alcindor who has been previously criticized for breathless accounts of Biden and what she called “the super heros” of his cabinet. Alcindor raised the issue of the crisis at the border with a massive increase in unaccompanied minors. However, she framed her question as to whether Biden can resolve the “tension” of having people come to the United States because he is such a “moral” and “decent” person. One critic however objected that the question was unfair to Biden and based on disinformation. That of course was Jennifer Rubin, who has been repeatedly criticized for false postings from congressional hearings to court decisions to even Shakespeare. She even once attacked me  for a theory that I did not agree with in a column that I did not write.  However, during the week of the House hearing on calls for expanded censorship on the Internet of “disinformation and misinformation,” the ensuing disagreement between Alcindor and Rubin shows how fluid these concepts have become where Alcindor could be accused of spreading misinformation for just asking the question.

Continue reading “Media Misinformation or Protection? Pro-Biden Media Figures Clash Over Pressing Biden On Immigration Surge” →

Criminal law, Lawyering, Politics

Michigan AG Nessel Unleashes Political Diatribe Against Defiant Restaurant Owner

We previously discussed the controversial threats of Michigan Attorney General Dana Nessel (D) against those who were raising electoral fraud allegations. She is currently in another controversy involving the arrest of restaurant owner Marlena Pavlos-Hackney. Fox Host Tucker Carlson has alleged that the owner was arrested due to her appearance on his show. (For full disclosure, I am a contributor to Fox News). Nessel can certainly point to a long history of noncompliance to justify the arrest but her statement issued in response to the allegations is, in my view, highly inappropriate and shows raw political bias. Continue reading “Michigan AG Nessel Unleashes Political Diatribe Against Defiant Restaurant Owner” →

Congress, Constitutional Law, Free Speech, Media, Politics, Society

“Tomorrow It Could Be Somebody Else”: Bernie Sanders Comes Out Against Trump Twitter Ban

Twitter LogoSen Bernie Sanders (I., Vt.) came out against the Twitter ban of former president Donald Trump yesterday.  Sanders expressed his discomfort with the role of Big Tech in censorship viewpoints, a sharp departure from his Democratic colleagues who have demanded more such corporate censorship. Continue reading ““Tomorrow It Could Be Somebody Else”: Bernie Sanders Comes Out Against Trump Twitter Ban” →

Columns, Constitutional Law, Politics

Warren’s Wealth Tax: How A New Bill Would Convert The Tax Code Into A Canned Hunt

Below is my column in The Hill on introduction of Elizabeth Warren’s wealth tax.  The bill contains two notable addition: a massive increase in the size of the IRS and what I call a “captivity tax” to try to keep the wealthy from fleeing. The odds are that Democratic leadership will see some of the same problems with this bill, but the danger is that such legislation will be difficult to oppose due to its public appeal. Moreover, there is a lack of honestly about the constitutional and practical issues surrounding a “wealth tax.” Such details are lost as Warren pledges to go after the “Rembrandts … diamonds and … yachts”  of the wealthy.

Here is the column: Continue reading “Warren’s Wealth Tax: How A New Bill Would Convert The Tax Code Into A Canned Hunt” →

Constitutional Law, Media, Politics, Torts

Project Veritas Wins Victory Against New York Times In Defamation Action
While it has received little coverage in the mainstream media, the conservative group Project Veritas won a major victory against the New York Times this week in a defamation case with potentially wide reach.  In a 16-page decision, New York Supreme Court Justice Charles Wood ruled against the newspaper’s motion to dismiss and found that Project Veritas had shown sufficient evidence that the New York Times might have been motivated by “actual malice” and acted with “reckless disregard” in several articles written by Maggie Astor and Tiffany Hsu. The decision will allow the Project access to discovery which can be extremely difficult for a news organization.

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Academia, Politics, Society

“White Supremacist Thinking”: San Fran School Board Vice President Under Fire For Allegedly Anti-Asian Tweets

We previously discussed the controversial position of Alison Collins, Vice President of the San Francisco school board, in her campaign against meritocracy and effort to shut down the gifted programs at Lowell High School.  The Asian community was particularly opposed to Collins’ efforts since Asian students composed 29 percent of the students but 51 percent of the Lowell student body. Now Collins is under fire for prior tweets attacking Asians as promoting “the ‘model minority’ BS” and of using “white supremacist thinking to assimilate and ‘get ahead.’” Continue reading ““White Supremacist Thinking”: San Fran School Board Vice President Under Fire For Allegedly Anti-Asian Tweets” →

Columns, Criminal law, Lawyering, Media, Politics

The Domino Effect: How All Four Cases In The Death of George Floyd Could Collapse With A Chauvin Acquittal

Below is my column in USA Today on the approaching trial of former police officer Derek Chauvin for the alleged murder of George Floyd. Thus far, many in the media have failed to shoulder their own burden to discuss the countervailing evidence in the case.  Indeed, there is a real danger of a cascading failure in the case where a loss in the Chauvin case could bring down the cases against all four officers. This potential domino effect is the result of making the three other cases dependent on the base murder/manslaughter charge against Chauvin.

Here is the column: Continue reading “The Domino Effect: How All Four Cases In The Death of George Floyd Could Collapse With A Chauvin Acquittal” →

Congress, Politics

Condemnation or Commendation? GOP Moves To Strip Swalwell From Intel Committee But The File Remains Sealed

House Minority Leader Kevin McCarthy filed a resolution aimed to remove Democratic Rep. Eric Swalwell from the House Permanent Select Committee on Intelligence. The privileged resolution will force a vote (if only to table to resolution) and members will have to go on record on the scandal. Swalwell reportedly had an intimate relationship with a Chinese spy who raised money for him and helped place individuals in his office. However, he has insisted that he did not reveal classified information and that the FBI found no wrongdoing. Two striking narratives will emerge in the vote.  McCarthy insists that the sealed file shows disqualifying conduct while Democrats have portrayed Swalwell in more heroic terms, including one leading Democrat actually saying that Swalwell deserves to receive the Congressional Medal of Honor for the affair.  Putting aside the manifest ineligibility of Swalwell on both a technical and credible basis, the immediate question is why the file remains sealed in its entirely since the Chinese and its spy already know what happened.  So does Swalwell. The only people in the dark are most voting members and, of course, the voters themselves.  The closed file raises a difficult question balancing the need for an informed vote for members against the need for privacy for an accused member.

Continue reading “Condemnation or Commendation? GOP Moves To Strip Swalwell From Intel Committee But The File Remains Sealed” →

Constitutional Law, Politics

Court: Michigan Secretary of State Broke The Law On Absentee Ballot Guidelines In The 2020 Election

The litigation over the 2020 election seem to be continuing with a ruling this week from Michigan Court of Claims Chief Judge Christopher Murray that Secretary of State Jocelyn Benson (D) broke state law in issuing new rules on absentee balloting before the 2020 election. The orders concerned instructions on what constitutes a “match” for verification signatures — a core issue raised by the Trump campaign in its election challenges. There is no evidence that the violation of state law altered the outcome of the election in the state and the court declined to order a new audit. However, the court found that Murray should not have issued the orders and, in doing so, violated the state’s Administrative Procedures Act. Continue reading “Court: Michigan Secretary of State Broke The Law On Absentee Ballot Guidelines In The 2020 Election” →

Columns, Criminal law, Media, Politics

The Media and The Mayhem: The Chauvin Trial Coverage Follows A Dangerous Pattern

Below is my column in The Hill on the Derek Chauvin trial in Minneapolis. Last week, at least one juror was excused after he expressed fear that he or his family could be attacked after a verdict. (Conversely, another juror called the rioting necessary to advance the Black Lives Matter movement). The man explained that his neighbors had to flee the area after the riots following the death of George Floyd. That fear was shared by various jurors. It is not surprising when the courthouse is ringed in fencing and barbed wire and even police stations in the city are bunkered down. There are already protesters outside of the courthouse and a new “autonomous zone” in the city that is being criticized by police groups.  Once again, the news coverage is highly siloed and divergent in such coverage with vastly different images emerging from the city as it prepares for possible rioting. However, it is the divergent coverage of the case itself that is my greatest concern.

The voir dire responses highlight the concern over venue in the case and the decision not to shift the trial to a different city. There is clearly a fear among jurors that there might be rioting if there is an acquittal for Chauvin. The voir dire selection also magnifies the concern over how the case has been covered in the media with the omission of critical defense arguments and evidence. I believe that there was a legitimate basis for a trial, but this is a stronger manslaughter than a murder case.  The trial will give us a better view of the evidence but the coverage thus far has been dangerously incomplete in my view, as discussed below.

Here is the column:

Continue reading “The Media and The Mayhem: The Chauvin Trial Coverage Follows A Dangerous Pattern” →

International, Justice, Politics, Society

Iraqi Parliament Enacts Recompense Law for Yazidi Genocide Victims

Yazidi Girls wearing traditional clothingBy Darren Smith, Weekend Contributor

After a two year long impasse, the Iraqi Parliament enacted law recompensing Yazidi and other similarly stationed ethnic groups for the genocide and other crimes against humanity they suffered at the hands of the Islamic State of Iraq and the Levant. It is hard to imagine how any human being could be made whole after having suffered such inhumanity prosecuted against these people. The Iraqi Government does deserve praise for making a credible and genuine effort to afford them a promise of compensation and opportunities to earn a more promising and just future within their country and society in general.

Iraqi President Barham Salih tweeted the legislation, “is a victory for the victims [and] our daughters who have been subjected to the most heinous violations and crimes of ISIS genocide.”

The law provides recognition by the Iraqi Government of the genocide, which up until then was only officially so by the Kurdistan Regional Government in the North.

Continue reading “Iraqi Parliament Enacts Recompense Law for Yazidi Genocide Victims” →

Bizarre, Free Speech, Media, Politics, Society

“Vial Of Death”: Farrakhan’s Anti-Vaccine Statements Expose The Fallacy Of Internet Censorship Policies

We have been discussing the expanded censorship on the Internet and the threat to both free speech and free press rights. As stated recently in testimony before the House, I remain an unabashed “Internet Originalist,” favoring the free forum for speech that once defined these Big Tech companies. The expanding censorship of the Internet continues to show bias and contractions as Democratic members push for “robust modification” to silence opposing views of everything from climate change to social justice. A new controversy shows the contradictions as people spread the false claims of Rev. Louis Farrakhan that the Covid-19 vaccines are really the “vial of death.” The continued spreading of his views shows that speech like water has a way of finding a way out, even untrue and hateful speech. The proper response is not less but more (and better) speech. Continue reading ““Vial Of Death”: Farrakhan’s Anti-Vaccine Statements Expose The Fallacy Of Internet Censorship Policies” →

Academia, Politics, Society

LA Teacher’s Union Under Fire For Effort To Racially Classify Critics

United Teachers Los Angeles (UTLA) is under fire after Maryam Qudrat, a mother of Middle Eastern descent, was asked by the UTLA to identify her race after criticizing the union’s opposition to reopening schools despite overwhelming science that it is safe. The response of the UTLA was evasive to the point of incomprehension. However, the controversy is fueled by recent efforts to portray parents demanding a return to school as racist or examples of white privilege, including recent controversial comments from the UTLA President. Continue reading “LA Teacher’s Union Under Fire For Effort To Racially Classify Critics” →