Academia, Constitutional Law, Free Speech

Trinity Students Protest Western Civilization Club Named After Churchill

Students at Trinity College voted recently to block a club purportedly dedicated to the discussion of the values and works underlying Western Civilization. The 10-member club is named after Winston Churchill as “dedicated to the preservation, dissemination and extension of the Western moral and philosophical tradition.” The group met the underlying criteria of the school but was still blocked by the student government. It is another example of intolerance shown rivaling values by many students and faculty today. To her credit, President Joanne Berger-Sweeney overruled the vote of the student government. However, that decision was met with the same unhinged, intolerant protests that we have seen on too many colleges and universities.

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Constitutional Law, Politics

Swalwell Laments Absence of A Single Reference To “Women” . . . In Constitution Without Single Reference To “Men”

I recently wrote about the announcement by Democratic presidential candidate Eric Swalwell that he would only consider women for vice president — refusing to consider a man regardless of his credentials for the second highest position in the country. Now Swalwell has publicly lamented that the United States Constitutional does not have a single reference to “women” as an “unacceptable” exclusion of women. Swalwell appears to have dismissed the fact that “men” is also absent to the document which refers to “people” and “person.” Sometimes it is as hard to find a noun in a constitution as it is a breakout issue in an election.

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Constitutional Law, Criminal law, Free Speech, International, Politics, Society

Israeli Ambassador Calls For The Criminalization of Antisemitic Speech

In the aftermath of another tragic shooting at another synagogue, Israel’s Ambassador to the United Nations Danny Danon has again called for the criminalization of antisemitic speech. I have previously written about such international efforts to criminalize speech, including a proposal supported by the Obama Administration. The implications of such laws for free speech are easy to dismiss amidst the sorrow of another attack. However, the free speech community must remain firm that free speech is not the cause of hate, it is solution to hate.

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Bizarre, Constitutional Law, Politics

Alabama Rep: “Some Kids Are Unwanted, So You Kill Them Now Or You Kill Them Later.”

The Alabama House of Representatives passed a bill designed to test the new conservative majority on the Supreme Court on the issue of abortion. The bill would ban abortion with the sole exception for protecting the life of or health of the mother. The bill is clearly unconstitutional under cases after Roe v. Wade but that is the point. Members want to force a new review of the fundamental question of Roe v. Wade. They could not have asked for more help from Alabama State Rep. John Rogers (D) who opposed the bill with a shocking statement that left many speechless: “Some kids are unwanted, so you kill them now or you kill them later. You bring them in the world unwanted, unloved, you send them to the electric chair. So, you kill them now or you kill them later.” The bill passed 74-3.

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Congress, Criminal law, Lawyering, Media, Politics

Barr Testimony: Mueller May Have Some ‘Splainin’ To Do

One of the big takeaways from the first day of the testimony of Bill Barr concerns a number of failures that may be attributed to Special Counsel Robert Mueller. The most significant failure concerns his decision not to reach a conclusion on obstruction, as I discussed in today’s column. With an hour of the release of the Report, I criticized Mueller for his decision not to reach a conclusion which has no basis in law or policy. The only question was whether Mueller had been told not to reach such a conclusion. Barr answered that questions today in no uncertain terms. Not only could Mueller reach a conclusion, both Barr and Rosenstein pressed him to do so. Mueller’s decision remains both unsupported and incomprehensible. And that is not all that Mueller will have to explain.

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Bizarre, Criminal law, Lawyering, Media, Politics

“How Come I’m The Only One?” Cohen’s Claims Victim Status Before Heading To Prison

Michael Cohen has never been a figure who generated much sympathy in others. Cohen spent his career as a legal thug for Trump — threatening everyone from college students to journalists with ruin. He ran shady business deals for himself and taped his own clients without their knowledge. For many of us, his three-year prison sentence was incredibly light given his confessed criminal acts. There is however one person who has unlimited sympathy of Cohen: himself. In a pathetic interview, Cohen laments how he has been singled out and unfairly sent to prison. He previously contradicted his prior sworn confessions to crimes.

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Bizarre, Media, Politics, Torts

The Sliming Of Pete Buttigieg

Fox News reported on a disturbing allegation of an alleged effort by conservative activists to push a false claim that Democratic presidential candidate Pete Buttigieg sexually assaulted another man. The man denies the published account and says that he was coerced into signing a statement as part of an effort by lobbyist Jack Burkman and blogger Jacob Wohl. The story appears entirely false and represents a new low for this town even after such disgraceful stories as the Pizzagate.

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International, Media, Politics

Envoy: Trump Approved The $2 Million To North Koreans For Warmbier

We previously discussed how National Security Adviser John Bolton confirmed the story dismissed by President Donald Trump as “fake news” about the U.S. agreeing to pay North Korean $2 million for student Otto Warmbier. He insisted “We did not pay money for our great Otto” and also denied that they would ever pay money for such a release. The Post reported that, while it was unclear whether the money had been paid, the United States agreed to pay for the release by calling the payment reimbursement for medial expenses — expenses incurred by the abuse of Warmbier at the hands of the North Koreans. Now, former State Department Special Representative for North Korea Joseph Yun has confirmed that it was made clear to him that Trump personally approved the payment.

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Columns, Congress, Constitutional Law, Criminal law, Politics

The Black Jersey: How Trump And Congress Are Competing For Last Place

Below is my column in The Hill newspaper on a curious aspect to all of the posturing taking place in Washington. Putting aside the bluster on both sides, there is strange alliance coalescing between the Democratic Leadership and the White House in running out the clock for impeachment. The only essential element is that they do not look like they are playing for time. Both sides derive political benefit from stirring up their bases with impeachment talk but neither side actually wants to see an impeachment. The rest is classic D.C. kabuki.

Here is the column:

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Animals, Criminal law

“Troll Remorse”: Maryland Man Sentenced For Jumping On Pelican In The Florida Keys

We previously discussed the case of William Hunter Hardesty, 31. Police arrested Hardesty after he was featured in a disturbing video where he jumped on a pelican and manhandled it. He has now been sentenced to a well-deserved 90 days in prison and a $1000 fine.

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Columns, Constitutional Law, Politics, Society

No Men Need Apply: Democrats’ Pledges To Bar Male Running Mates Raise Discrimination Concerns

Below is my column in The Hill newspaper on the expanding number of Democratic presidential candidates pledging to choose a woman as a running mate. What is striking is how these pledges have not even warranted a question in coverage over the propriety of such pledges since they would bar any males regardless of their qualifications to lead the nation. It raises an interesting conflict between the political and legal realms in stating such threshold conditions. What would be strictly forbidden for any business or agency or school is permissible in politics.

Here is the column:

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International, Media, Politics

Bolton Confirms Post Story That Was Declared “Fake News” By Trump

In a striking contradiction of President Donald Trump, National security adviser John Bolton confirmed a Washington Post story that the Trump Administration signed a document guaranteeing to pay North Korea $2 million for the hospital bill of Otto Warmbier. Just a couple days before, Trump declared the story to be “fake news.” While no money has yet to be paid, we agreed to pay a ridiculous amount to North Korea for abusing a U.S. citizen and leaving him near death. It is hard not to see the promise as a payment for an effective hostage.

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Constitutional Law, International, Politics, Society

Brunei: Please Show Tolerance Over Our Stoning Gays To Death
Emblem of Brunei

With Saudi Arabia facing global outcry for execution of gays and display of crucified prisoners, Brunei is facing its own opposition movement over the adoption of Sharia law (including the stoning of adulterers and gays). In a remarkable act of hubris, Brunei is complaining over the lack of “tolerance’ for its intolerance for gays and others.

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Politics

Trump Accuses Fox Legal Analyst of Personal Vendetta

It is rare for legal analysts to garner personal attacks from politicians but President Donald Trump went after Fox News analyst Andrew Napolitano this weekend in surprising tweets accusing him of a personal vendetta. Napolitano has been critical of Trump recently and the President insisted that he is retaliating after asking Trump to nominate him for the Supreme Court and to pardon a close friend. I have known Napolitano for years and I have always respected his professionalism and integrity. I have no reason to believe that his analysis is the result of anything other than honest appraisals of the case for prosecution or impeachment of the President.

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Constitutional Law, Criminal law, Environment, Justice

WA Appeals Court Allows Necessity Defense For Alleged Vandal In Shutting Down Pipeline As Environmental Protest

By Darren Smith, Weekend Contributor

I have been critical of the notion that a defendant may not always be permitted the opportunity to present evidence in their defense, especially the affirmative defenses of necessity and self-defense.  Yet in a case recently before the Washington State Court of Appeals, Division One, The Court held that in a particular case, a defendant charged in shutting down an oil pipeline to draw attention to environmental hazards posed by such industry–he is entitled to argue before the court his actions were necessary to protect the environment and common good of the people. 

While this case received nearly no attention in the recent media, the effects of this ruling can be both of benefit to the defendant and the environmental protection cause, but could also open some doors to those seeking to excuse criminal behavior using specious necessity claims.

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