Academia, Free Speech, Society, Supreme Court

The Berkeley Files: Faculty Applicants Were Ranked on Their Support for DEI Policies and Practices

After years of resisting demands under the Public Records Act (including alleged violations), UC Berkeley has finally turned over documents to the Foundation for Individual Rights in Education (FIRE) on its hiring criteria. The files show that Berkeley has been grading faculty on their commitment to DEI, including viewpoints that should be protected by free speech or academic privileges. Continue reading “The Berkeley Files: Faculty Applicants Were Ranked on Their Support for DEI Policies and Practices” →

Criminal law, Media, Politics

Harvard Poll: 55 Percent of the Public View the Trump Indictment as “Politically Motivated”

A Harvard/Harris poll is bad news for Attorney General Merrick Garland and the Justice Department. The poll shows that 55% of Americans believe Trump’s indictment is politically motivated and 56%  believe that it constitutes election interference.  The poll captures the level of distrust for the Justice Department and further demonstrates what I described yesterday as the failure of Merrick Garland at the midpoint of his tenure as Attorney General.

Continue reading “Harvard Poll: 55 Percent of the Public View the Trump Indictment as “Politically Motivated”” →

Free Speech, International

“We are Restricting Freedom … for the Common Good”: Irish Green Party Calls For Limiting Free Speech

The Irish Green Party followed many on the left around the world, including our own Democratic Party, this week and came out for censorship and speech controls. Indeed, the party went full Orwellian as its chairwoman Pauline O’Reilly called for “restricting freedom” to protect it. Continue reading ““We are Restricting Freedom … for the Common Good”: Irish Green Party Calls For Limiting Free Speech” →

Columns, Criminal law, Justice

Trump Card: The Use of the Espionage Act Revives Long-Standing Concerns

Below is my column in the Daily Beast on the use of the Espionage Act against former president Donald Trump in the federal prosecution by Special Counsel Jack Smith. The statute is currently being used against Julian Assange and has a long and troubling history.

Here is the column: Continue reading “Trump Card: The Use of the Espionage Act Revives Long-Standing Concerns” →

Constitutional Law, Media, Supreme Court

Poll: Public Overwhelmingly Rejects Calls for Court Packing and Attacks on Supreme Court

Despite the reversal of Roe v. Wade and unrelenting attacks in the media and by Democratic members of Congress, the Supreme Court still has the overwhelming support of the American people. While figures like Sen. Elizabeth Warren (D., Mass.) have called for court packing, the public in a just-released Mason-Dixon poll show that 68% of Americans oppose her efforts and those of various law professors.  There were also a couple of surprises. Continue reading “Poll: Public Overwhelmingly Rejects Calls for Court Packing and Attacks on Supreme Court” →

Academia, Animals, Bizarre, Criminal law

Penn State Professor Arrested for Alleged Sex Crimes with Dog

We often follow academics in the criminal justice system, but few are likely to be as memorable as Penn State Professor Themis Matsoukas, 64.  The Penn State chemical engineering professor was arrested in a parking lot near Rothrock State Forest for allegedly having sex with a collie. He later told police  “I do it to blow off steam.”  What is notable (beyond the obvious) is the overlap and lack of severity of the charges.

Continue reading “Penn State Professor Arrested for Alleged Sex Crimes with Dog” →

Constitutional Law, Torts

Chopped: Seattle’s Molly Moon Sues Over Autonomous Zone that the Ice Cream Shop Once Heralded

Seattle-based ice cream company, Molly Moon’s Homemade Ice Cream, is in a dilemma. It wants to continue to support Black Lives Matter but it wants to recoup loses from the “CHOP” zone created by BLM activists and others in 2020. It is suing the city over the abandoning of part of the city to the groups to form the Capitol Hill Autonomous Zone (CHAZ) but was later renamed the Capitol Hill Occupied protest (CHOP). While first supporting the autonomous zone as part of a “summer of love,” Democratic politicians like then Mayor Jenny Durkan later distanced themselves from the massive damage and crime in the zone. Continue reading “Chopped: Seattle’s Molly Moon Sues Over Autonomous Zone that the Ice Cream Shop Once Heralded” →

Columns, Criminal law

Have You Seen This Man? Biden Special Counsel Robert Hur Appears to Have Vanished

Below is my column in the Messenger on the ongoing (but still largely unknown) efforts of Special Counsel Robert Hur. In fairness, Hur could be doing what Jack Smith and his predecessors failed to do: run a leakless investigation. However, for the roughly half of Americans who view the Trump impeachment as “politically motivated,” the lack of any indication of an equally aggressive investigation is concerning. People  should not view this as a competition between “our” and “their” special counsels. However, the public wants to see a balance of effort. Those citizens are asking if you have seen this man because they want their special counsel back.

Here is the column: Continue reading “Have You Seen This Man? Biden Special Counsel Robert Hur Appears to Have Vanished” →

Columns, Criminal law, Politics

DOJ Fatigue: Is Special Counsel Smith Singing to an Empty Room?

Below is my column in the Hill on the difficult schedule facing Special Counsel Jack Smith in the prosecution of former President Donald Trump. He is also facing a greater problem of public perception. While critics often speak hopefully of “Trump fatigue” among voters, prosecutors are dealing with a Justice fatigue. A new poll shows that less than a majority of citizens believe Trump was correctly charged. An ABC/Ipsos poll found that 48% of Americans think Trump was rightfully charged while 35% do not think he should have been indicted. Another 17% was unsure. Prosecutors were likely hoping for more than a plurality given the details of the indictment. Worse yet, according to the poll, 47% of Americans think the charges against Trump are politically motivated. These polls indicate that Smith is not exactly singing to an empty room . . . but it is far from full.

Here is the column:

Continue reading “DOJ Fatigue: Is Special Counsel Smith Singing to an Empty Room?” →

Columns, Criminal law, Politics

Donald Trump’s Indictment Case has a Looming 2024 End Date

Below is my column in the New York Post on the Trump indictment and why so many citizens have little interest in its content or charges. The reaction of many citizens vividly shows the costs of years of biased and inconsistent decisions involving Democratic and Republican figures. The result is what you now see. The Justice Department has lost the room.

Here is the column:

Continue reading “Donald Trump’s Indictment Case has a Looming 2024 End Date” →

Free Speech, Lawyering

No, CUNY’s Graduation Speaker Should Not Be Barred From Practicing Law
YouTube

Many of us were appalled but not surprised by the virulent speech of CUNY Law grad, Fatima Mousa Mohammed, at the school’s recent commencement. Many schools (and CUNY in particular) have long cultivated the type of extremist rhetoric and views expressed in the speech. While conservatives are barred or booed at graduations, faculty and students regularly invite far left speakers to attack others for their views. (Indeed, I was attacked by Democratic Rep. Susan Wild at my own school’s commencement who made false claims about my past positions.) However, there is now a call for Mohammed to be barred from practice as a lawyer. Such a move would be an assault on free speech and show the very same intolerance and rage that has been condemned in her speech. Continue reading “No, CUNY’s Graduation Speaker Should Not Be Barred From Practicing Law” →

Criminal law, Free Speech, Religion

“God is Not the Author of Confusion”: Charges Dropped Against Protester Who Read Biblical Passages at Pride Event
YouTube

The Berks County District Attorney’s Office has confirmed that it is dropping charges against Damon Atkins after the preacher was arrested citing the Bible in protest of an LGBTQ Pride event in Reading, Pennsylvania. The only reason that the charges were dropped is that a third party videotaped the scene and disproved the account of the arresting officer. Ironically, Atkins was reciting 1 Corinthians 14:33 that begins “For God is not the author of confusion.” That role appears to rest with the Reading police, which processed a wildly exaggerated account of the encounter. Continue reading ““God is Not the Author of Confusion”: Charges Dropped Against Protester Who Read Biblical Passages at Pride Event” →

Columns, Criminal law, Politics

Trying Trump: Scandal May Be His Element — But This Time May Be Different

Below is the column in the Messenger on the Trump indictment. As expected, Trump is already campaigning on the issue. In a rally in Georgia, Trump declared: “They’ve launched one witch hunt after another to try and stop our movement, to thwart the will of the American people. In the end, they’re not coming after me. They’re coming after you.” Trump may not be the first president to be arrested, but his case is already unprecedented. It could get even more wild in the months to come.

Here is the column: Continue reading “Trying Trump: Scandal May Be His Element — But This Time May Be Different” →