Yesterday, I addressed arguments that the appointment of Matt Whitaker as Acting Attorney General violates federal law. The arguments based on the Federal Vacancies Reform Act, in my view, are unpersuasive. As I noted, however, there remains a different and more fundamental question of whether the Act itself is unconstitutional by allowing an official without Senate confirmation to assume, even temporarily, the office of a “principal officer.” If standing can be found to challenge the Act on that basis, the constitutional arguments are compelling. The constitutional question could be difficult to litigate if a nomination is made in January. However, these constitutional concerns again raise the logic of firing Jeff Sessions immediately after the election as opposed to having him serve until the confirmation of his successor. Nevertheless, this is an issue that is somewhat untested in the courts and challengers would need to establish standing as well as raise a “ripe” issue to argue that Whitaker is lawful under the Act but the Act is unconstitutional under Article II.
Some 144 Turkish mosques in the Netherlands are demanding that Twitter bar any tweets from conservative politician Geert Wilders due to what they alleged are hateful and disparaging comments. As many on this blog know, I hold to a robust view of free speech protections. I tend to oppose censorship through both governmental and private means. This is no exception. It has nothing to do with Wilders’ views. I remain committed to the view that the best way of dealing with bad speech is good speech — not the censorship or criminalization of case. Continue reading “Mosques Demand Twitter Bar Any Tweets By Geert Wilders”
The family of Turki Bin Abdul Aziz Al-Jasser is alleging that the jouranalist was tortured to death by the Saudi government just as the government is dealing with an investigation into the murder of Washington Post Journalist Jamal Khashoggi at its Istanbul consulate. Continue reading “Did The Saudis Just Kill Another Journalist?”
In a major escalation of President Donald Trump’s war with the media, the White House today suspended the access of CNN’s Jim Acosta from the White House “until further notice.” I have been highly critical of the President’s attacks on the media and, as many might expect, I am equally critical of this move. I felt Acosta was out of line in refusing to give up the mike at the press conference this week. However, he did not manhandle a female aide as suggested by White House Press Secretary Sarah Sanders and the appropriate response would be to make it clear to CNN that its reporters are not allowed to defiantly retain a mike or yell over the President in such conferences. Continue reading “White House Suspends Access For CNN’s Jim Acosta”
Today I have two columns in USA Today and The Hill on the sacking of Jeff Sessions and appointment of Chief of Staff Matthew Whitaker as Acting Attorney General. The Hill column challenges arguments that Whitaker must recuse himself. However, this morning some members and commentators have declared that Whitaker cannot serve as an Acting Attorney General under federal law. I have to disagree. While not getting into the merits of the selection, it seems clear to me that, under 5 U.S.C. 3345, that Whitaker does indeed qualify. (This of course does not address the long-standing debate over the constitutionality of such laws. A challenge can be made under the Appointment Clause of the Constitution, mandating that a “principal officer” in the federal government may not be appointed without Senate confirmation).
Below is my column in The Hill newspaper on the mutual threats from Nancy Pelosi and Donald Trump to use investigations in a tit-for-tat struggle with the new Congress. In his press conference after the election, Trump said that he is prepared to adopt the same “war-like” stance and “They can play that game, but we can play it better.”
This promises to be long and intense two years, but there does not appear to be much hope for actually addressing some of the important issues that divide this country.
Here is the column: Continue reading “Politics By Other Means: Both Trump and Pelosi Suggest Using Investigations For Political Purposes”
In an annual tradition, yesterday saw the appearance of visiting canine academic Luna to my torts class to teach (and demonstrate) elements of animal liability in torts. Shown here with a few of our students, Professor Luna was met with great acclaim and copious treats. Continue reading “Professor Luna Teaches Animal Liability At GW”
Below is my column in The Hill newspaper on strange relationship of mutualism that exists between President Donald Trump and his favorite nemesis, the media.
Here is the column: Continue reading “A Strange Symbiosis: President Trump and CNN’s President Confirm That They Need Each Other”
There was an important victory for the environment this week after Chief Judge Terrence W. Boyle excoriated the Interior Department for its management of the the last red wolf population in the wild. His decision could well have kept the red wolves from extinction — against the best efforts of the Interior Department to allow landowners to wipe out the only remaining members of this incredible breed of wolves. The orders of the U.S. Fish and Wildlife Service were a disgrace and utterly disregarded their duty in protecting the environment. The case is Red Wolf Coalition v. United States, 2018 U.S. Dist. Lexis 188522. Continue reading “Federal Court Moves To Protect The Red Wolf Population Against The Federal Government”
Hint: Christopher T. Queen, 48, is the face of our times in this midterm election. Continue reading “Can You Guess What This Person Was Charged With?”
I have been highly critical of what I view as the erosion of the line between journalism and advocacy in cable news, including a column this week criticizing CNN for its unrelenting anti-Trump coverage. MSNBC has previously been criticized for its host, Al Sharpton, appearing at campaign rallies. Now Fox is facing an equally serious incident after Fox News hosts Sean Hannity and Jeanine Pirro. Both are known to be close confidants of Trump, but they also work for a news organization that is covering Trump and this election. While many view the journalistic rule of separation as artificial in the age of partisan cable programming, it represents the most glaring breach in the rule that we have seen. The incident raises an increasing conflict with journalistic values and programming. All of the networks now have anchors who are openly partisan but maintain facial neutrality by not contributing or campaigning for parties. The fear is that a departure from that technical rule will lead to a race to the bottom of networks working as an extension of political parties and a return to the age of “Yellow Journalism.” Update: Fox News has rebuked both Hannity and Pirro for their participation.
With all of the criticism of asylum cases at the border, it is easy to forget that there are many worthy applicants for asylum and one that should get priority view is Asia Bibi and her family. After the Pakistani Supreme Court overturned her abusive death sentence for blasphemy, Muslims violently rioted demanding the reimposition of the sentence. Asia Bibi was originally given a death sentence for insulting Mohammad.
Continue reading “The United States Should Grant Asylum To Asia Bibi”
We have another Halloween costume controversy. Just yesterday we discussed the order of the College of Charleston for students to take mandatory diversity training for dressing as Mexicans and border police. Now fourteen staff at an Idaho primary school have been put on administrative leave for dressing up as a border wall and Mexicans. Superintendent Josh Middleton has declared the costumes to be “insensitive” and “inappropriate” costumes. The costume competition was billed as featuring “the most stereotypical outfits.” Continue reading “Idaho School Staff Suspended After Going To Halloween Party As Trump’s Wall and Mexican Stereotypes”
While many Americans are calling for greater unity in the country, anti-Semite Louis Farrakhan is in Tehran spewing his usual hateful message including reportedly leading a chant of “Death to America” and calling America the “Great Satan.” Despite the reprehensible comments in support of a nation that spreads terrorism and oppresses its own people, I still believe that it is protected speech despite the existence of the Logan Act, which makes it illegal for citizens to intervene in disputes or controversies between the United States and foreign governments. That Act is widely viewed as unconstitutional and has never been used to convict a single U.S. citizen since it was enacted in 1799. Continue reading ““The Great Satan”: Farrakhan Finds His Happy Place . . . In Tehran”
Online survey of 800 full-time undergraduates conducted by McLaughlin & Associates and sponsored by Yale University’s William F. Buckley, Jr. Program found that a startling number of colleges students believe that violence is justified to silence what they consider to be hate speech. Today we discussed an FSU student arrested for battery in a confrontation with conservative students. I will be having a debate at Rice University over calls for schools and government to outlaw hate speech. As with many in the free speech community, I have been opposed to such criminalizing of speech. Continue reading “Poll: One In Three College Students Believe Violence Is Justified To Stop “Hate Speech””