Columns, Free Speech, Media, Politics

Washington’s ‘Whoo-Hoo’ Moment: Trump Indictment Coverage Borders on the Indecent

Below is my column in The Messenger on the celebrations after the fourth indictment of former president Donald Trump — and the dismissal of any concerns over the implications of these prosecutions for free speech. Some Democrats are warning that they need to avoid the public displays of joy. The danger is that Democrats just might conga their way into another 2016 backlash against the establishment.

Here is the column:

Continue reading “Washington’s ‘Whoo-Hoo’ Moment: Trump Indictment Coverage Borders on the Indecent” →

Academia, Free Speech

“Persons are Either Anti-Racist or Racist”: California Sued Over New DEI Regulations

There is a potentially significant new filing over free speech by the Foundation for Individual Rights and Expression (FIRE) in California on behalf of six California community college professors. In Palsgaard v. Christian (E.D. Cal.), the professors are challenging the new “diversity, equity, and inclusion” (DEI) regulations governing all of the more-than-54,000 professors who teach in the California Community Colleges system. Continue reading ““Persons are Either Anti-Racist or Racist”: California Sued Over New DEI Regulations” →

Constitutional Law, Courts, Free Speech, Politics

“A Monopoly in Expressing its Views”: D.C. Circuit Hands Down Major Free Speech Victory for Pro-Life Group

The U.S. Court of Appeals for the D.C. Circuit has handed down a major victory for free speech against the District of Columbia.  In Frederick Douglass Foundation v. District of Columbia, Judge Neomi Rao reversed district court judge James E. Boasberg who dismissed the challenge by pro-life protesters who alleged that they were treated differently from Black Lives Matter (BLM) protesters. The selective enforcement of city ordinances gave what Judge Rao called “a monopoly in expressing its views . . . the antithesis of constitutional guarantees.” Continue reading ““A Monopoly in Expressing its Views”: D.C. Circuit Hands Down Major Free Speech Victory for Pro-Life Group” →

Columns, Constitutional Law, Criminal law, Politics

The Jackson Pollock School of Prosecution: Why The Latest Trump Indictment is Both Serious and Dangerous

Below is my column in the Daily Beast on the fourth indictment of former President Donald Trump by Fulton County District Attorney Fani Willis.  While I have said that this indictment presents a serious threat to Trump, I am still troubled by the implications of the indictment for free speech and future election challenges.

Here is the column: Continue reading “The Jackson Pollock School of Prosecution: Why The Latest Trump Indictment is Both Serious and Dangerous” →

Criminal law, Justice

DOJ: Hunter Deal on Gun Charge is Dead

After the collapse of the Hunter Biden plea bargain, it was telling that the Biden Team seemed most insistent on one demand: the gun charge agreement was still in full effect. Many of us noted that Hunter’s placement into the pre-trial diversion program not only contradicted the position of his father and the Biden Administration on such charges, but was sharply in contradiction with similar contemporaneous cases. Perhaps for that reason, the Biden attorneys were apoplectic in maintaining that the gun charge was inked and sealed. The Justice Department just declared, however, that it is dead as Dillinger. That is the problem when your counsel tells the prosecutor in open court to “just rip up” the plea deal. Continue reading “DOJ: Hunter Deal on Gun Charge is Dead” →

Media, Politics

No, I Did Not Just Change My View of the Georgia Call

Being a legal analyst in this rage-filled age often invites criticism, particularly if you challenge widely held narratives. I rarely respond to such stories, which falls into the category of complaining about the weather in Washington. Unfortunately, even stories that I view as manifestly distorted, tend to be replicated on hostile sites. In that vein, I thought that I would respond to a misleading story at Mediaite, which suggested that I recently changed my view of Donald Trump’s call to Georgia. (The site was founded by ABC Legal Analyst Dan Abrams). The article by Alex Griffin compares my comments this week with a tweet that I sent out on January 2, 2021.  The suggestion is that my view of the call evolved after Trump was indicted. The original story omitted the fact that I stated the current position the next day when the transcript became available and that the tweet was based on an erroneous article in the Washington Post. I have maintained the same position since the release of the transcript. Continue reading “No, I Did Not Just Change My View of the Georgia Call” →

Columns, Criminal law

“Oh Georgia, No Peace I Find”: The Fourth Indictment of Donald Trump and the Criminalization of Election Controversies

Below is my column in The Messenger on the Georgia indictment. As expected, the indictment is a sweeping racketeering based prosecution involving former president Donald Trump and the 18 other defendants. The scope of the alleged conspiracy is massive.  “The call” is one of those steps but the famous line that has occupied hours of coverage (and led to the investigation) is not the central allegation. Indeed, every call, speech, and tweet appears a criminal step in the conspiracy. District Attorney Fani Willis appears to have elected to charge everything and everyone and let God sort them out.

Here is the column from yesterday before the release of the indictment:

Continue reading ““Oh Georgia, No Peace I Find”: The Fourth Indictment of Donald Trump and the Criminalization of Election Controversies” →

Politics

Age of Rage: UChicago Report Finds 30 Million Americans View Violence as Justified To Keep Trump from Power

I recently asked, in light of the free speech implications of the second federal Trump indictment, when the price is too high for those who seek to jail the former president. The chilling answer is found in a new report out of the University of Chicago showing that almost 12 percent of the population, representing 30 million people, believe that violence is warranted to prevent Trump from assuming the presidency. That is almost double the number who believe that violence is warranted to ensure that Trump does become president. Continue reading “Age of Rage: UChicago Report Finds 30 Million Americans View Violence as Justified To Keep Trump from Power” →

Columns, Criminal law, Justice, Politics

“Shoeless Joe” and the Fixing of the Biden Scandal

Below is my column in The Hill on the appointment of David Weiss as special counsel. Despite my enthusiastic support at this nomination, I have come to view Attorney General Merrick Garland as a failure as Attorney General. This decision captures why I have lost faith in his leadership — and why his department is at one of the lowest levels of public trust.

Here is the column: Continue reading ““Shoeless Joe” and the Fixing of the Biden Scandal” →

Constitutional Law, Free Speech, Politics

Arizona Gov. Katie Hobbs Secretly Sought the Censorship of Political Critics
Office of the Governor

Various news sites are now reporting that Arizona Gov. Katie Hobbs (D) is the latest politician who has sought blatant censorship of political critics by social media companies. Shortly before the 2020 election (when many of us were writing about the expanding censorship calls by Democratic politicians), Hobbs allegedly sought to silence her critics on Twitter. Many were criticizing 2017 posts in which she claimed former President Donald Trump had a “neo-nazi base.” Hobbs considered such criticism to be intolerable and demanded that these citizens be censored.

Continue reading “Arizona Gov. Katie Hobbs Secretly Sought the Censorship of Political Critics” →

Columns, Congress, Criminal law, Politics

“Illusion of Influence”: The Media Moves the Goalpost Again on Biden Corruption Coverage

With the new disclosures in the Biden corruption scandal, the media has, again, pivoted to avoid acknowledging the obvious. It now has a new demand before it will fully recognize or report on the scandal. Of course, after long repeating denials of Joe Biden that he ever knew about his son’s foreign business deals, the media must now recognize that Hunter was selling influence and access. So they have added yet another task: show Joe Biden actually accepting money. Continue reading ““Illusion of Influence”: The Media Moves the Goalpost Again on Biden Corruption Coverage” →

Academia, Free Speech

Too Right to Write? Leading Law Reviews Accused of Blackballing Conservative Student

There is a disturbing article out this week at the independent student newspaper at the University of Chicago, The Chicago Thinker. The article by Ben Ogilvie addresses growing allegations of ideological prejudice at law reviews that has effectively blackballed conservative students from the prestigious journals. The three top journals cited are Columbia (#8), Northwestern (#10), and Stanford (#1). For full disclosure, I graduated from both University of Chicago and Northwestern University. While at Northwestern, I served as a Chief Articles Editor and the Symposium Editor handling the acceptance and production of all faculty publications. (One of the first pieces that I solicited was by a young academic named Cornell West, his first law review article).

Continue reading “Too Right to Write? Leading Law Reviews Accused of Blackballing Conservative Student” →

Columns, Politics

The Illusion of Scandal: How Washington is Attempting to Dismiss $20 Million as an Illusion

I previously wrote a column marveling at the success of the Bidens in pulling off one of the neatest tricks in political history. I analogized it to how Houdini used to make his 10,000-pound elephant Jennie disappear on a stage in front of a live audience. The media and political establishment is now striving to top that performance by declaring $20 million in payments to Biden family members as an “illusion” of influence. At the heart of this scandal is the BFF, the Biden Family Fund.

Here is the column: Continue reading “The Illusion of Scandal: How Washington is Attempting to Dismiss $20 Million as an Illusion” →

Courts, Criminal law

Federal Court Declares Trump a Flight Risk in Secret Subpoena Decision

The disclosure of a subpoena of Twitter by Special Counsel Jack Smith was surprising in a number of respects, including the hefty $350,000 fine imposed by U.S. District Court Beryl Howell (left) for a three-day delay as the company sought to address the demand. However, the two most surprising, and concerning, elements were that the subpoena was secret and Howell justified it, in part, on Trump being a flight risk. Neither seems warranted in this case even assuming that the subpoena was in other respects warranted. Continue reading “Federal Court Declares Trump a Flight Risk in Secret Subpoena Decision” →

Columns, Congress, Constitutional Law, Criminal law

How Donald Trump’s Indictment Could Backfire on Joe Biden

Below is my column in The Messenger on how the second indictment could prove damaging for President Joe Biden. Ironically, both Trump indictments have blowback potential for Biden on the retention of classified material and the dissemination of false claims. Notably, the New York Times has reported that Biden has had his own Thomas Becket moments in telling aides that he wanted Trump indicted and criticizing the Attorney General Merrick Garland for the delay. It is not clear if Smith will “rid [Biden] of this meddlesome president,” but his theory of criminality could prove costly to Biden himself. Indeed, it could be used as a basis for an impeachment inquiry.

Here is the column:

Continue reading “How Donald Trump’s Indictment Could Backfire on Joe Biden” →