Columns, Criminal law, Justice, Lawyering

“We’re Here to Help”: The Justice Department Makes The Case . . . for a Congressional Investigation

Below is my column in the New York Post on the Wall Street Journal report that the Justice Department declined an offer to conduct the searches for the Biden classified documents after the discovery on Nov. 2. There is a new report this morning that Justice Department officials did go to the residence in Delaware to collect the documents. That in itself is not surprising since the transport of classified documents triggers its own security protocols. It generally required a certified courier or someone else with authority to transport such documents. The question is whether the officials were present for the search. There is no investigatory reason why such facts remain the subject of speculation and leaks. The Justice Department can simply state that the White House is not prevented from giving a full account of what transpired in each of these searches.

Here is the column: Continue reading ““We’re Here to Help”: The Justice Department Makes The Case . . . for a Congressional Investigation” →

Free Speech, International, Media

Sulzberger: Disinformation is the “Most Existential Problem” Facing the Planet Today

There has been much coverage over the resurfacing of former CNN host Brian Stelter as the host for a panel at the World Economic Forum on alleged disinformation and “hate speech.” Stelter previously called for censorship under a “harm reduction model” and led a panel at a conference where Democrats discussed how to shape the news. He was confronted over his own dissemination for false stories targeting Republicans on CNN. Yet, I was most struck by a statement from New York Times publisher A.G. Sulzberger who described “disinformation” as the “most existential” problem the world is facing today. Sulzberger insisted that disinformation is the reason why there is a loss of “trust” today. He ignores his own history in eroding that trust in the media through flagrantly biased decisions at the New York Times.

Continue reading “Sulzberger: Disinformation is the “Most Existential Problem” Facing the Planet Today” →

Politics, Torts

Former Walker Campaign Worker Sues Matt Schlapp for Defamation . . . Anonymously

Recently, Matt Schlapp, the head of the Conservative Political Action Conference (CPAC), was accused by a former Hershel Walker campaign worker of “aggressively fondling” him during the campaign. The man is described as “a Republican strategist, a male in his late 30s. Schlapp and his wife Mercedes Schlapp have vehemently denied the allegations and raised issues from the man’s past to question his veracity and motivations. Now, the worker has filed a lawsuit alleging four counts battery, defamation (2), and conspiracy. However, it was the anonymous element that stood out in the filing. Continue reading “Former Walker Campaign Worker Sues Matt Schlapp for Defamation . . . Anonymously” →

Media, Politics

Word from the Wise? Former Intelligence Official Admits That They Always Assumed the Hunter Biden Emails Were Genuine

Douglas Wise, a former Defense Intelligence Agency deputy director and former senior CIA operations officer, is back in the news this week. In an interview with The Australian, Wise admits that he and others always knew that the emails on the Hunter Biden laptop were likely genuine. It was a remarkable admission from one of more than 50 former intelligence officials who signed a letter dismissing the Hunter Biden laptop story before the 2020 presidential election as likely “Russian disinformation.” Yet, Wise still maintains that, while true, he and the other officials were right to call it out as likely “disinformation.”  Arguing that something is true, but still constitutes disinformation sounds a lot like . . . well . . . disinformation.

Continue reading “Word from the Wise? Former Intelligence Official Admits That They Always Assumed the Hunter Biden Emails Were Genuine” →

Congress, Constitutional Law, Free Speech

House Bill Would Criminalize Social Media Postings Supporting “White Supremacy” or “Replacement Theory”

The anti-free speech movement in the United States continues to grow with alarming speed among writers, journalists, academics, and most importantly Democratic members of Congress. Members now openly call for censorship and the manipulation of what citizens see and read. Yet, even in this environment, a recent proposed by Rep. Sheila Jackson Lee (D., Tx.) is a menacing standout. Jackson has introduced a bill that is an almost impenetrable word salad of convoluted provisions. However, what is clear (perhaps the only clear thing) is that the “Leading Against White Supremacy Act of 2023” would gut the First Amendment and create effective thought crimes. Continue reading “House Bill Would Criminalize Social Media Postings Supporting “White Supremacy” or “Replacement Theory”” →

Columns, Criminal law, Lawyering

All The President’s Men: Biden’s Use of Lawyers Raises Additional Concerns Over Handling Classified Material

Below is my column in the New York Post on the curious use of lawyers by President Joe Biden in the classified document controversy. There was a clear decision made to rely on his own counsel rather than the FBI or security officers after the discovery of highly classified documents in a closet in a private office. The decision clearly brings greater control and protection for the President, but it can itself be viewed as additional evidence of gross mishandling of classified material. In the movie “All The President’s Men,” Woodward chastises his colleague Bernstein that “I don’t mind what you did; I mind how you did it.” President Biden may face the same objection in his decision to use counsel to search for classified material.

Here is the column:

Continue reading “All The President’s Men: Biden’s Use of Lawyers Raises Additional Concerns Over Handling Classified Material” →

Constitutional Law, Courts, Religion, Supreme Court

Supreme Court Takes Major Religion Case: Postal Worker Asks Court to Toss Long-Standing Test for Religious Accommodation

The Supreme Court has granted certiorari in a potentially major case on the free exercise of religion.  Groff v. DeJoy involves evangelical Christian postal worker, Gerald Groff, who alleges that the the U.S. Postal Service (USPS) forced him out of his job when he refused to work on Sundays due to his faith. The case could either overturn or reaffirm the earlier ruling in TWA v. Hardison, which stated that employers need not offer religious accommodation if doing so would cause an “undue hardship” to the business. Continue reading “Supreme Court Takes Major Religion Case: Postal Worker Asks Court to Toss Long-Standing Test for Religious Accommodation” →

Columns, Politics

The Importance of Being Biden: How Hunter Reached a New Low in Seeking to Bar Daughter From Using His Name

In Oscar Wilde’s “The Importance of Being Earnest,” the main character’s search for his true name comes to a head when he finally demands “would you kindly inform me who I am?” In an astonishing filing this week, Hunter Biden answered that question for his four-year-old daughter Navy Joan and effectively declared “you are no Biden.” Continue reading “The Importance of Being Biden: How Hunter Reached a New Low in Seeking to Bar Daughter From Using His Name” →

Academia

Colorado College Professor: Astrophysics is Racist Due to Emphasis on Individualism and Exceptionalism

Professor Natalie Gosnell has declared that astrophysics is a racist field. That itself is not unique. We have discussed how professors like Rhode Island professor Erik Loomis have declared math, statistics, and technology as “inherently racist.” However, Gosnell’s reason is that academia continues to focus on “individualism” and “exceptionalism.” Continue reading “Colorado College Professor: Astrophysics is Racist Due to Emphasis on Individualism and Exceptionalism” →

Free Speech

Gaming Free Speech: Company Fires Manager For Criticizing Transgender Policies on Social Media

We have previously discussed free speech concerns over companies firing workers over their political viewpoints expressed on social media or other forums. A most recent controversy arose after the decision of  Limited Run Games to fire community manager Kara Lynne, also known as Kara Gooch, because a trans-rights activist found that she has made critical comments about pro-trans policies. Limited Run Games declared that an employee harboring such views was a threat to a “positive and safe environment.” This entire controversy began over the fact that Lynne likes Harry Potter.

Continue reading “Gaming Free Speech: Company Fires Manager For Criticizing Transgender Policies on Social Media” →

Academia

USC Department Declares the Word “Field” to be “Anti-Black”
We have long discussed the increasing speech regulations and restrictions sweeping across universities in the United States, including mandating the use of pronouns and barring the use of other terms. The latest example comes from the University of Southern California’s Suzanne Dworek-Peck School of Social Work which has declared that the term “field” is racist and “anti-Black.” Thus, you cannot say that you are going to do “field work.” “Field” will be replaced with “practicum,” according to the January 9 memo. The announcement was made by the office not of “field education” but the non-racist “Office of Practicum Education.” Continue reading “USC Department Declares the Word “Field” to be “Anti-Black”” →
Columns, Criminal law

Biden’s Corvette Defense Was a Lemon But His “Inadvertence” Defense Could Prove Worse

Below is my column on Fox.com on President Joe Biden’s comment on his corvette and the unfolding of a defense from his counsel, including the “inadvertence” defense. While this defense is better than the conspiracy theory put forward by Rep. Hank Johnson (D., Ga.) and others that the documents may have been planted, it has some obvious risks and conflicts.

Here is the column:

Continue reading “Biden’s Corvette Defense Was a Lemon But His “Inadvertence” Defense Could Prove Worse” →

Columns, Criminal law, Media, Politics

“Promise Me, Dad:” Biden’s Book Could Become the Focus of the Investigation of his Possession of Classified Material

Below is my column in the New York Post on one possible explanation for the distribution and division of classified documents in a former office, a garage, and the library of President Joe Biden. If evidence links the President’s work in his book to any of these documents, his “inadvertent defense” will be shattered and deepen the danger of the ongoing criminal investigation. There are many who are hoping that Biden with “Promise me” that he was not reckless enough to work of any of these documents on Ukraine, China, and other issues from this time as Vice President.

Here is the column:

Continue reading ““Promise Me, Dad:” Biden’s Book Could Become the Focus of the Investigation of his Possession of Classified Material” →

Congress, Free Speech

“Congressional Trolls”: Democratic Leaders Pushed Refuted Russian Troll Claims

The latest release of Twitter Files from Matt Taibbi shows that Democratic leaders like Rep. Adam Schiff (D-CA) were aware that they were pushing a likely false story of “Russian bots” to discredit a report on FBI abuses. Sens. Dianne Feinstein (D-CA) and Richard Blumenthal (D-CT) are also mentioned by Twitter as part of what staff called “congressional trolls” who did not seem to care if the allegations were true and only wanted Twitter to say they were true. Schiff and Blumenthal have been two of most outspoken advocates for censorship on the social media, often using “conspiracy theories” by Republicans to justify limits on free speech.

Continue reading ““Congressional Trolls”: Democratic Leaders Pushed Refuted Russian Troll Claims” →

Columns, Criminal law, Media, Politics

Biden’s “Surprise” Grows With Reported Discovery of Second Batch of Classified Documents

Below is a slightly modified version of my NY Post column on the discovery of the second batch of classified documents in areas previously used by President Joe Biden. A number of questions remain unanswered by the perplexing response of President Biden that he will not even ask about the identity of these documents on advice of counsel.  However, with the discovery of a second batch of classified documents at a different location, the President’s “surprise” could grow exponentially in the days to come. You might want to find a chair . . . the forthcoming spin from the press and pundits could produce global vertigo. Continue reading “Biden’s “Surprise” Grows With Reported Discovery of Second Batch of Classified Documents” →