Category: Uncategorized

Penn Professor Faces Calls For His Removal After Questioning An Anti-Racism Statement [UPDATED]

download-10We have been discussing efforts to fire professors who voice dissenting views of the basis or demands of recent protests including an effort to oust a leading economist from the University of Chicago as well as a leading linguistics professor at Harvard.  It is part of a wave of intolerance sweeping over our colleges and our newsrooms.  Now, an effort has been launched to fire University of Pennsylvania Professor Carlin Romano and to kick him off a prestigious literary group because Romano questioned the language of a proposed statement on racism in the publishing industry and even spotted an embarrassing typo.
Update: After posting the original blog, Professor Romano sent me a kind note. He then in true form (given his original email on the proposal) noted a long list of typos in my column. (Many on this blog routinely point out such typos, which are something of an embarrassing signature for me. I usually get up around 5 am to write blogs before caffeine fully takes hold). I thought it was hilarious and asked if I could mention his edits. He gracefully agreed and then pointed out two more typos. I still do not think that he should be fired.

Can President Trump Really Send In The Troops To Chicago And Other Cities?

donald_trump_president-elect_portrait_croppedWe have previously discussed how President Donald Trump has repeatedly asserted constitutional authority that he does not have in dealing with the pandemic.  The President routinely ignored the principles of federalism in such claims of control over states in their internal health and policing decisions. He is not alone.  Cities like Portland have demanded that federal officers leave the city and stop making arrested.  While there are legitimate questions raised about the conduct of federal officers in putting people into custody and the use of force in Portland, those concerns related to the use of federal powers, not the basis for those powers. The federal government has full authority to protect federal buildings and to carry out arrests for federal crimes in any city. Current reports coming out of the White House appear to refer to surging law enforcement personnel, not sending military personnel.  That would be constitutional if used for protect federal assets or enforce federal laws. That is the flip side of federalism.  But how about the recent claims that the President is about to take over policing from cities like Chicago? The answer is that such a federal deployment without a request from the governors would be unwise but would be legal.  However, there are practical and legal reasons why such any massive deployment is unlikely.

Continue reading “Can President Trump Really Send In The Troops To Chicago And Other Cities?”

Turley To Testify Before The Presidential Commission on Law Enforcement and the Administration of Justice

US-DeptOfJustice-Seal_svgToday, I will be testifying before Presidential Commission on Law Enforcement and the Administration of Justice on the legal and policy implications of biometric and facial recognition technology.  I have a forthcoming law review article on privacy in the age of biometrics. Much of my testimony will focus on that research.  The testimony is public and will be held at 2 pm (ET). This will be the final meeting of the Commission and, due to the pandemic, it will be handled telephonically rather than the planned culmination in Tampa, Florida.

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Son of Federal Judge Killed And Husband Wounded In Attack At Home [Updated]

download-2In a murder that has shocked the nation, the son of federal judge Esther Salas was killed and her husband wounded in their home in North Brunswick, New Jersey.  Daniel Anderl, 20, was a student at Catholic University with hopes to go to law school.  His father is a criminal defense attorney. Such attacks on federal judges are thankfully rare and there is much speculation about high-profile cases that Judge Salas has handled or taken on recently, including a lawsuit related to Jeffrey Epstein and another past case involving “The Real Housewives of New Jersey” star Teresa Giudice. While the crime had the markings of premeditation and even professional elements, police are looking into a body found after the shooting as possibly linked. The apparent suicide in another town involved a lawyer who was being contacted reportedly about a connection to the gun recovered near the scene.

Continue reading “Son of Federal Judge Killed And Husband Wounded In Attack At Home [Updated]”

“This Man, If Nothing Else, Has Been Watered Down”: John Wick Reference Leads To Loss Of Cocaine

Roasted_coffee_beansSometimes flashes of wit or irony can be costly.  When a drug cartel in Medellín, Colombia decided to ship cocaine inside the shell of coffee beans, someone decided it would be funny to label the sender “Santino D’Antonio.”  Apparently, Italian police also like the John Wick series and recognized the name of the mafia boss from “John Wick: Chapter 2.”  The cost of the joke was the cocaine shipment and methinks there is a some avid movie lover in hot water with Medellín. To paraphrase the mafia character Santino D’Antonio, now “you have no [coke], no [beans], no [sale]. You have nothing. Vengeance is all you have left.”

Continue reading ““This Man, If Nothing Else, Has Been Watered Down”: John Wick Reference Leads To Loss Of Cocaine”

NBC’s Chuck Todd Repeatedly Airs Clip Previously Denounced As Misleading And Wrong

Chuck Todd
Screenshot/Youtube

We recently discussed the false tweet sent out by CNN’s White House reporter Jim Acosta that mocked White House press secretary Kayleigh McEnany for saying that “the science should not stand in the way of this.”  That quote was artificially clipped to leave the diametrically opposite impression from what actually said.  The clip suggests that McEnany was dismissing science when she was actually highlighting scientific work supporting the position of the White House.  While Acosta later sent out another tweet noting the real meaning and his colleague Jake Tapper corrected the false narrative on the air, Chuck Todd on Meet the Press decided to play the misleading clip not once but twice on Sunday. It was not just running an overtly misleading clip but defiantly doing so after other journalists have challenged the erroneous impression left by the clip.  The misleading quality of the clip clearly was not the problem but the appeal for Meet the Press.

Continue reading “NBC’s Chuck Todd Repeatedly Airs Clip Previously Denounced As Misleading And Wrong”

Criminal or Comical? Investigation Finds An Antifa Supporter Behind Hoaxes Triggering The Extreme Right

The_ScreamThe Washington Post recently made an interesting find when it sought the person responsible for recent extreme right actions like the appearance of heavily armed citizens at Gettysburg on Independence Day.  Two members of the House Intelligence Committee, Rep. Raja Krishnamoorthi, D-Ill., and Rep. Peter Welch, D-Vt., demanded that government investigate and identify who was behind the Gettysburg hoax and similar false claims in nine other cities this summer. While there has been evidence of extreme right groups fueling violence in the recent protest, the Post found instead Adam Rahuba, a part-time food-delivery driver and supporter of Sen. Bernie Sanders.  Rahuba said he supports the ant-fascist movement Antifa, a loosely organized group that I have criticized in the past for its anti-free speech agenda. Rahuba, 38, was trying to make chumps out of the far right but some have suggested possible criminal liability for the hoaxes.

Continue reading “Criminal or Comical? Investigation Finds An Antifa Supporter Behind Hoaxes Triggering The Extreme Right”

RES IPSA HITS 43,000,000

crowd vj dayLast night, we passed the 43,000,000 mark in views on the blog. The blog continues to grow at a record and accelerating pace. The continued growth is due primarily to our loyal readers who return every day to discuss contemporary legal, political, and occasionally bizarre stories. We have used these moments to give thanks for our many regular readers around the world and give you an idea of the current profile of readers on the blog. We continue to rank with the top legal blogs in the world  and I am particularly proud of our growing international readership. As always, I want to offer special thanks for Darren Smith who has continued to help manage the blog and help out folks who encounter posting problems. Continue reading “RES IPSA HITS 43,000,000”

The Case Against Bill Barr: A Response To Professor Turley From Ralph Nader, Lou Fisher, and Bruce Fein

440px-William_BarrI recently received a letter contesting my statements concerning Attorney General Bill Barr in columns (here and here and here and here) and congressional testimony (here and here).  The letter is from Ralph Nader, Lou Fisher, and Bruce Fein. I have known all three signatories for many years and I have the utmost respect for them.  They offer detailed and thoughtful disagreements with my past statements and the record of Attorney General Bill Barr. I asked them if they would allow me to share their arguments with the blog and they have agreed to do so.  As with the prior posting of Professor Morrison, I strongly encourage you to consider the analysis from three of the most influential minds in Washington.

These are figures who require little introduction.  They are well known throughout the world for their contributions to the law and public policy.  Ralph Nader is as legendary figure who has fought his entire life for consumer protection, environmental protection and good government. He has run for president repeatedly (indeed I voted for him) and is widely viewed as one of the most influential figures in the world on public policy.  Lou Fisher spent four decades at the Congressional Research Service and is widely regarded as one of the most influential figures in the shaping of congressional legislation and policies.  He is widely regarded as one of the foremost experts on constitutional and congressional issues.  Bruce Fein was a high ranking Justice Department figure in the Reagan Administration and has been one of the most influential conservative voices in print and television for decades. He is known for his independent and principled analysis of legal and constitutional issues.

As I stated in Attorney General Barr’s confirmation, he comes to this position with long-established and robust views of executive privilege and powers.  While I have long disagreed with him on many of these issues, I view many of the current controversies to reflect policy and interpretative differences, not ethical or criminal or impeachable misconduct.  I do not agree with presumptions made about his improper motivations or designs in carrying out his duties, for a second time, as Attorney General of the United States. Despite my many friends on the other side, my view has not changed. Nevertheless, people of good-faith can disagree and that is precisely what is offered by Messrs. Nader, Fisher, and Fein (sounds like a great law firm!)

Here is their letter for your consideration:

Continue reading “The Case Against Bill Barr: A Response To Professor Turley From Ralph Nader, Lou Fisher, and Bruce Fein”

Sen. Hawley Calls For Federal Civil Rights Probe Over McCloskey Investigation

downloadUS-DeptOfJustice-Seal_svgMissouri GOP Sen. Josh Hawley has called upon Attorney General Bill Barr to launch a federal civil rights investigation of the St. Louis couple who wielded guns outside of their house during a protest in their gated community.  I have previously written about the possible charges against Mark and Patricia McCloskey and expressed my skepticism over the apparent effort of St. Louis Circuit Attorney Kim Gardner to find a criminal charge.  However, Attorney General Barr should decline this request from Sen. Hawley.  There is no civil rights violation in this investigation.  Indeed, while I thought the charges could be defeated in trial or on appeal, I previously wrote that the vague criminal provisions could be used to bring a charge.  The issue turns on how the guns were used.  While I find the criminal provisions to be vague and the application in this case to be unwarranted, it is not a civil rights violation to advance such an interpretation of the law.

Continue reading “Sen. Hawley Calls For Federal Civil Rights Probe Over McCloskey Investigation”

“A Digital Thunderdome”: Another Times Editor Leaves Under Fire For Opposing Views

Yellow journalismWe have been discussing the shocking abandonment of journalistic principles by the New York Times in its recent apology for publishing a column by a United States Senator and forcing out an editor who had the audacity to publish an opposing view of the current protests.  The newspaper effectively declared echo-journalism to be its new mission.  Now another opinion writer and editor, Bari Weiss, has resigned after what she called an “illiberal environment” where she has been harassed and abused by other reporters without any intervention from the management. In a scathing resignation letter, Weiss called the Times a “Digital Thunderdome.”

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China Sanctions U.S. Senators For Criticizing China

130px-Mao_Zedong_portraitChina has a long and authoritarian history of suppressing free speech even though some academics now believe that it has been right all along on such suppression on the Internet.  Just when you thought China could not get more bold and outrageous in its anti-free speech actions, it surprises you.  This week China sanctioned Sens. Marco Rubio and Ted Cruz for criticizing its treatment of minority Uighur Muslims in Xinjiang. Continue reading “China Sanctions U.S. Senators For Criticizing China”

Princeton Student Reportedly Denied Job After Signing Letter Defending Free Speech

220px-Princeton_shield.svgRecently, we discussed how a Georgetown University student was denounced as a racist by the Student Government for writing an opinion column criticizing the Black Lives Matter organization — an attack on a student that did not prompt even a statement of caution or concern from the university.  While we have been following attacks on faculty who state opposing views of police shootings or aspects of the current protests, the risk is even greater for students.  As the Georgetown student senators knew, the labeling of a student as a racist can cause long-standing problems for educational and employment opportunities. Now, the site College Fix is reporting that a Princeton student was denied a job and his fellow students submitted to a campaign of harassment after they signed a letter supporting academic freedom and free speech on campus.  Again, the university has not issued a statement.  Universities and faculties have felt no obligation to protect such students as they are subjected to abuse and harassment for expressing their views . . . even of the value of free speech. Continue reading “Princeton Student Reportedly Denied Job After Signing Letter Defending Free Speech”

Top Mueller Aide Andrew Weissmann Calls For Stone To Be Called Into Grand Jury

Andrew-Weissman
Andrew Weissman

One of the most controversial figures selected by Special Counsel Robert Mueller for his investigative team was Andrew Weissmann. While some criticized Weissmann for perceived bias, many of us focused on his record of prosecutorial excess. Now a law professor at New York University, Weissmann appears eager to fulfill both criticisms.  After the commutation of Roger Stone, Weissmann called for Stone to be pulled in front of a grand jury. It did not matter that there was no crime under investigation or likely criminal charge based on the use of a presidential power that is virtually absolute.  Weissmann seemed to call for the use of the grand jury for a fishing expedition — precisely the type of alleged excessive use of prosecutorial power that he faced at the Justice Department. Weissmann is reportedly writing a book on the investigation with the reported titled “Where Law Ends: Inside the Mueller Investigation.”

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Minnesota Dentist Walter Palmer Under Fire For Renewed Trophy Hunting

Walter Palmer (left), whose face was edited out of the picture, holding a rare ram in Mongolia

This week saw the unwelcomed return of dentist Walter Palmer, 60, to international media coverage.  Palmer was widely denounced over his shooting of “Cecil the Lion” for a trophy five years ago.  He is now back with a series of gruesome pictures with a dead ram from Mongolia. The argali ram is considered “near threatened” but are a favorite for trophy hunters including a similar hunting trip by Donald Trump Jr. Continue reading “Minnesota Dentist Walter Palmer Under Fire For Renewed Trophy Hunting”