Category: Society

Columns, Congress, Constitutional Law, Courts, Criminal law, Politics, Society

The Prestige: How Trump Could Pull Off The Ultimate Trick in Shutting Down The Mueller Investigation

Below is my column in The Hill newspaper on a novel way that President Donald Trump could use the Whitaker appointment to achieve what he has long sought: freezing or even ending the Mueller investigation.  As strange as it may seem, it could actually work if played correctly by the White House.  The White House could theoretically get a court to enjoin the Mueller investigation and keep Mueller frozen in amber until Trump’s final year when impeachment would practically impossible.

Here is the column: Continue reading “The Prestige: How Trump Could Pull Off The Ultimate Trick in Shutting Down The Mueller Investigation” →

Bizarre, Media, Politics, Society

Fifty-Six Percent Of Democratic Voters Do Not Want Pelosi To Be Speaker . . . Democratic Members Move To Make Pelosi Speaker

During the election, the potential of Rep. Nancy Pelosi being made speaker was a constant drag on close races with many members and candidates assuring voters that they will not support her return to the office.  Despite those assurances (and many of the Democratic leadership remaining silent on Pelosi), the Democratic establishment is now pushing to put Pelosi right back into the chair. Obviously, when all voters (including Republicans and independents) are considered, the opposition to Pelosi is overwhelming.  None of matters (including to the media which barely mentioned the opposition and does little on the many polls showing the position of voters).

This is despite a new Gallup poll showing that 56 percent of Democratic voters are opposed to the move as well as past polls saying that Pelosi and the establishment are driving younger voters away from the party.  The reason is simple: the Democratic members do not view these elections about the party and certainly not the voters.  It is about them and Pelosi can deliver key positions and benefits to them for support.  This is precisely why I have been long critical (here and here) of both party establishments and how voters continue to be played like chumps in this duopoly of power in our country. Continue reading “Fifty-Six Percent Of Democratic Voters Do Not Want Pelosi To Be Speaker . . . Democratic Members Move To Make Pelosi Speaker” →

Academia, Constitutional Law, Politics, Society

Turley To Debate Toobin On Impeachment in Dallas On Monday

maxresdefaultturley-captureThe National Constitution Center and the Old Parkland Debate Series has announced that a debate will be held on November 12th between George Washington Professor Jonathan Turley and CNN senior legal analyst Jeffrey Toobin on impeachment.  The debate will occur a week after the 2018 midterm elections and many have called for the impeachment of both President Donald Trump and Judge Brett Kavanaugh following a Democratic takeover of the United States House of Representatives.  The debate question is: Resolved, the framers designed impeachment as a political, rather than a legal process.  Toobin will argue that the Framers intended impeachment to be a political judgment while Turley will argue that the Framers intended more of a legal judgment. Turley was the last lead counsel in an impeachment trial in the Senate and Toobin previously worked for Independent Counsel Lawrence E. Walsh.

Continue reading “Turley To Debate Toobin On Impeachment in Dallas On Monday” →

Congress, Constitutional Law, Lawyering, Politics, Society, Supreme Court

Is The Whitaker Appointment (and the Federal Vacancies Reform Act) Constitutional?

Yesterday, I addressed arguments that the appointment of Matt Whitaker as Acting Attorney General violates federal law.  The arguments based on the Federal Vacancies Reform Act, in my view, are unpersuasive. As I noted, however, there remains a different and more fundamental question of whether the Act itself is unconstitutional by allowing an official without Senate confirmation to assume, even temporarily, the office of a “principal officer.”  If standing can be found to challenge the Act on that basis, the constitutional  arguments are compelling.  The constitutional question could be difficult to litigate if a nomination is made in January.  However, these constitutional concerns again raise the logic of firing Jeff Sessions immediately after the election as opposed to having him serve until the confirmation of his successor. Nevertheless, this is an issue that is somewhat untested in the courts and challengers would need to establish standing as well as raise a “ripe” issue to argue that Whitaker is lawful under the Act but the Act is unconstitutional under Article II.

Continue reading “Is The Whitaker Appointment (and the Federal Vacancies Reform Act) Constitutional?” →

Congress, Justice, Lawyering, Politics, Society

Yes, Matt Whitaker Qualifies As Acting Attorney General Under the Federal Vacancies Reform Act

Today I have two columns in USA Today and The Hill on the sacking of Jeff Sessions and appointment of Chief of Staff Matthew Whitaker as Acting Attorney General.  The Hill column challenges arguments that Whitaker must recuse himself.  However, this morning some members and commentators have declared that Whitaker cannot serve as an Acting Attorney General under federal law.  I have to disagree.  While not getting into the merits of the selection, it seems clear to me that, under 5 U.S.C. 3345, that Whitaker does indeed qualify.  (This of course does not address the long-standing debate over the constitutionality of such laws.  A challenge can be made under the Appointment Clause of the Constitution, mandating that a “principal officer” in the federal government may not be appointed without Senate confirmation).

Continue reading “Yes, Matt Whitaker Qualifies As Acting Attorney General Under the Federal Vacancies Reform Act” →

Columns, Media, Politics, Society

Politics By Other Means: Both Trump and Pelosi Suggest Using Investigations For Political Purposes

Below is my column in The Hill newspaper on the mutual threats from Nancy Pelosi and Donald Trump to use investigations in a tit-for-tat struggle with the new Congress.  In his press conference after the election, Trump said that he is prepared to adopt the same “war-like” stance and “They can play that game, but we can play it better.”

This promises to be long and intense two years, but there does not appear to be much hope for actually addressing some of the important issues that divide this country.

Here is the column: Continue reading “Politics By Other Means: Both Trump and Pelosi Suggest Using Investigations For Political Purposes” →

Animals, Courts, Environment, Politics, Society

Federal Court Moves To Protect The Red Wolf Population Against The Federal Government

There was an important victory for the environment this week after Chief Judge Terrence W. Boyle excoriated the Interior Department for its management of the the last red wolf population in the wild.  His decision could well have kept the red wolves from extinction — against the best efforts of the Interior Department to allow landowners to wipe out the only remaining members of this incredible breed of wolves.  The orders of the U.S. Fish and Wildlife Service were a disgrace and utterly disregarded their duty in protecting the environment.  The case is Red Wolf Coalition v. United States, 2018 U.S. Dist. Lexis 188522.  Continue reading “Federal Court Moves To Protect The Red Wolf Population Against The Federal Government” →

Academia, Society

Idaho School Staff Suspended After Going To Halloween Party As Trump’s Wall and Mexican Stereotypes

downloadWe have another Halloween costume controversy.  Just yesterday we discussed the order of the College of Charleston for students to take mandatory diversity training for dressing as Mexicans and border police. Now fourteen staff at an Idaho primary school have been put on administrative leave for dressing up as a border wall and Mexicans. Superintendent Josh Middleton  has declared the costumes to be “insensitive” and “inappropriate” costumes.  The costume competition was billed as featuring “the most stereotypical outfits.” Continue reading “Idaho School Staff Suspended After Going To Halloween Party As Trump’s Wall and Mexican Stereotypes” →

Academia, Free Speech, Society

Poll: One In Three College Students Believe Violence Is Justified To Stop “Hate Speech”

Online survey of 800 full-time undergraduates conducted by McLaughlin & Associates and sponsored by Yale University’s William F. Buckley, Jr. Program found that a startling number of colleges students believe that violence is justified to silence what they consider to be hate speech.  Today we discussed an FSU student arrested for battery in a confrontation with conservative students.  I will be having a debate at Rice University over calls for schools and government to outlaw hate speech.  As with many in the free speech community, I have been opposed to such criminalizing of speech. Continue reading “Poll: One In Three College Students Believe Violence Is Justified To Stop “Hate Speech”” →

Academia, Free Speech, Society

College Students Win Prize For Halloween Outfits . . . And Mandatory Diversity Training

imagesI recently wrote about the growing controversy over Halloween costumes on campuses and beyond over allegations of cultural appropriation.  Various colleges have cracked down on costumes deemed inappropriate or insulting or culturally appropriating. There is little consideration of the free speech concerns over such regulations or the differing views of cultural appropriations theories.  There is little question that many of these costumes are insulting and inappropriate.  The question is the role of universities in policing good taste and punishing those students who fail to meet often ambiguous standards.  The latest such controversy of students facing discipline can be found at the College of Charleston where members of the softball team cross the line of the Halloween etiquette.

Continue reading “College Students Win Prize For Halloween Outfits . . . And Mandatory Diversity Training” →

Society

Anecdotes of Freedom: The Isle of Man TT Races

Isle of Man TT Racer. Photo Credit AgljonesBy Darren Smith, Weekend Contributor

“Without Speed there can be no thrill.”

Freedom comes in many forms. Its essence it engenders the liberty to seek and achieve what we crave and value. A society that fosters and encourages freedom retains for itself the rewards of innovation and happiness. Freedom is not limited merely to abstracts enumerated on paper such as statutes and constitutional promises of control of government. It is the willingness of a government and a society to permit itself the natural rights we retain, that we may pursue our own goals.

I present for you a perspective on freedom, the freedom to seek thrills and challenges in the form of high speed motorcycle racing.

Continue reading “Anecdotes of Freedom: The Isle of Man TT Races” →

International, Society

Syrian National Museum in Damascus Reopens
Sryan National Museum at Damascus
Source: Ministry of Culture, Syrian Arab Republic

By Darren Smith, Weekend Contributor

After six years of closure due to the conflict of civil War, the Syrian Arab Republic’s Ministry of Culture announced the reopening of its national museum. The institution presents welcomed news not only in a sign of normalization within civilian life in Damascus, but a reversal of years of wanton destruction by iconoclastic jihadists and thefts by opportunists claiming spoils of war.

This past Sunday featured a symposium hosted by internationally recognized archaeologists and the arrangement of showcases presented to the general public. The re-opening followed a years long campaign against ISIS and other jihadists plaguing the vicinity of the capital.

Continue reading “Syrian National Museum in Damascus Reopens” →

Bizarre, Justice, Lawyering, Media, Politics, Society, Torts

Mueller Accuser Is A No Show As Criminal and Civil Liability Loom Over The Allegations of Sexual Assault

Conspiracy theorists Jacob Wohl and Jack Burkman, a conservative lobbyist and radio host, are outspoken supporters of President Donald Trump and called reporters to come to a Holiday Inn in Washington to hear from a woman who would allegedly accuse Special Counsel Robert Mueller of sexual misconduct.  Previously, Mueller referred an allegation to the FBI that women were promised money to accuse him of wrongdoing.  With the no show of their accuser, Wohl and Burkman could well be looking at both criminal and civil liability.

Continue reading “Mueller Accuser Is A No Show As Criminal and Civil Liability Loom Over The Allegations of Sexual Assault” →

Academia, Columns, Media, Politics, Society

Cultural Appropriation Is The Scariest Part Of Halloween This Year

vintage-halloween-costumes-2Below is my column in The Hill newspaper on the now annual controversy over Halloween costumes and objections over cultural appropriation.  This week universities mounted campaigns against offensive costumes while commentators lashed out at cultural appropriation.  For example, students at Michigan State University this week were given warnings that a costume of a giant taco was not offensive but becomes offensive if the student puts on a sombrero.  Other colleges threatened discipline for costumes that are culturally appropriating or inappropriate.  These campaigns seem to grow each year even though we have never had a serious debate over the meaning and application of cultural appropriation charges over costumes.

Here is the column: Continue reading “Cultural Appropriation Is The Scariest Part Of Halloween This Year” →