Columns, Criminal law, Politics

Pardon or Prosecute? The 2024 Election and the “Get Out of Jail Free” Vote

Below is my column in the Hill on how the two criminal investigations over classified documents could create an unprecedented constitutional conflict in 2024. We are likely to have two candidates with their own respective special counsels. One or both could be indicted. Either way, the election could protect the winner practically from prosecution either due to a self-pardon or an internal Justice Department rule. A vote for Biden or Trump could therefore literally prove to be a “get out of jail free” card.

Here is the column:

Continue reading “Pardon or Prosecute? The 2024 Election and the “Get Out of Jail Free” Vote” →

Columns, Criminal law, Justice, Politics

The Immaculate Possession: Biden Defense is Fast Becoming Unsustainable

Below is my column at Fox.com on the most recent discovery of classified documents at one of the homes of President Joe Biden. Despite the latest discovery, allies like Sen. Chris Coons were on Sunday shows repeating his assurance that “there is no there there.” The insistence that the record clearly shows innocent “inadvertence” now borders on willful blindness as inadvertent possession occurs over and over again with documents from both Biden’s time as a senator and as vice president. A decade of inadvertence.

Here is the column: Continue reading “The Immaculate Possession: Biden Defense is Fast Becoming Unsustainable” →

Free Speech, Media, Politics

“Fire Dungy Now”: The Left Demands that NBC Sack Legendary Coach After Speaking at the March for Life

For many football fans (including this one) coach Tony Dungy is a legend. Even though his career is marred by beating my beloved Chicago Bears in Super Bowl XLI as head coach for the Indianapolis Colts, I am one of millions who tune into NBC to hear his insights on games. He was the first African-American to win the Super Bowl as head coach and coached for 13 seasons. Now, however, this Hall of Fame inductee is a marked man after a flash mob has formed to force his termination. Why? Because Dungy is a religious conservative who has publicly shared his views against abortion and homosexuality, including a speech at the March for Life this week. Continue reading ““Fire Dungy Now”: The Left Demands that NBC Sack Legendary Coach After Speaking at the March for Life” →

Academia

“Re-imagining Undergraduate Mathematics…with Structural Disruptions”: Vanderbilt Professor Denounces the Math Field as Racist
We recently discussed a professor who declared that astrophysics is racist due to its focus on “individualism” and exceptionalism.” These critiques are part of a larger movement alleging that everything from math to meritocracy is racist. The latest controversy centers around a lecture by Luis Leyva, associate professor of mathematics education at Vanderbilt University entitled “Undergraduate Mathematics Education as a White, Cisheteropatriarchal Space and Opportunities for Structural Disruption to Advance Queer of Color Justice.” In other words, math is a racist field of study advancing white male, straight “conforming-to-assigned sex” individuals.
Columns, Criminal law, Politics

“I Have No Regrets”: President Biden Breaks Long Silence With Shattering Admission

President Joe Biden has something that he wants the public to know. After the discovery of highly classified material in Biden’s former office, his garage and library, the President wanted to make one thing (and only one thing) perfectly clear: “I have no regrets.” Continue reading ““I Have No Regrets”: President Biden Breaks Long Silence With Shattering Admission” →

Constitutional Law, Supreme Court

No, the Supreme Court Did Not Just Rule Against Gun Rights

Much has been made of the decision of the Supreme Court to reject a request for an injunction of a New York law limiting gun rights.  New York Attorney General Letitia James went public to celebrate the “decision” while saying that the “gun safety laws help save lives, and keep our state safer.” In reality, there is less than meets the eye in this action . . . far less. There are ample reasons for the Court to deny in motion even if the majority views the underlying law as likely unconstitutional. The celebrations, therefore, may be a tad premature. Continue reading “No, the Supreme Court Did Not Just Rule Against Gun Rights” →

Academia, Free Speech, Media

Tulane Launches Investigation of Student Who Defended Kanye West and Advised Her to Leave Campus

Tulane University (where I once taught) has opened up an investigation into a student, Sarah Ma, after she wrote an opinion piece defending Kanye West in his wearing a “White Lives Matters” shirt and justifying comments that are widely viewed as antisemitic.  In addition to the university telling Ma that she should leave the campus for her own safety, Erica Woodley, Tulane’s Associate Vice President & Dean of Students, sent out an email announcing that it was investigating the matter. Woodley stated “While the importance of free expression on a university campus cannot be overstated, words that run counter to our core values impact our community.” Perhaps Tulane cannot “overstate” free speech values, but it is clearly under protecting them in taking this action. Continue reading “Tulane Launches Investigation of Student Who Defended Kanye West and Advised Her to Leave Campus” →

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” →