Academia, Free Speech

New Mexico Students Shutdown Conservative Speaker in Latest Attack on Free Speech
We have another anti-free speech incident involving liberal protesters shutting down an event. Fox News pundit Tomi Lahren was cancelled at the University of New Mexico by students who refused to let others hear her remarks.  There is, however, a major (and hopeful) difference in this incident: the school is actually pledging to hold the students accountable. Some of us have called for such action for years to quell the anti-free speech movement sweeping across campuses. Continue reading “New Mexico Students Shutdown Conservative Speaker in Latest Attack on Free Speech” →
Columns, Criminal law, Politics, Society

Democrats Allege Crimes Ranging from Kidnapping to Human Trafficking to “Crimes Against Humanity” in Migrant Transfers

Below is my column in the Hill on the claims that Florida Gov. Ron DeSantis (R-Fla.) and other governors are committing crimes ranging from kidnapping to human trafficking in shipping undocumented immigrants to other states. The claims are legally baseless. While MSNBC regular Elie Mystal said this week, “kidnapping is a thing,” it is just not “this thing.” While insisting that migrants should be seen as a “blessing,” Alexandria Ocasio-Cortez (D-N.Y.) has declared the free trips to be “crimes against humanity.” Gov. Gavin Newsom (D-Cal.) has also demanded criminal investigations even though Newsom, as mayor of San Francisco, shipped homeless people “back home” to other cities with free bus tickets. There are now threats of some blue states suing as well as New York City but those lawsuits are likely to fail absent evidence of systemic fraud or coercion.  These migrants are allowed to engage in interstate travel and other states can facilitate such travel.

Here is the column: Continue reading “Democrats Allege Crimes Ranging from Kidnapping to Human Trafficking to “Crimes Against Humanity” in Migrant Transfers” →

Media, Politics

Biden Declares Pandemic “Over” Despite Continued Use in Policies and Programs

There were a couple of eye-raising moments this weekend during an interview of President Joe Biden on CBS’ “60 Minutes.” One was his continued blanket denial that his son Hunter had done anything that had any impact on him or the country. However, it was the President’s sudden announcement that the pandemic “is over” that may have taken some people by surprise, including Administration lawyers still using the pandemic as a basis for policies and programs.  This includes a major appellate case this week. Continue reading “Biden Declares Pandemic “Over” Despite Continued Use in Policies and Programs” →

Constitutional Law, Criminal law, Media, Politics

“Kidnapping is a Thing”: MSNBC Continues False Claim that DeSantis is Kidnapping Migrants

I have been writing about the claim of Hillary Clinton and others that the transportation of migrants to places like Martha’s Vineyard is “literally human trafficking” and other crimes. Despite the utter lack of legal basis for these allegations, major media has continued to air such claims. This weekend, MSNBC’s Tiffany Cross and MSNBC regular (and past writer for Above the Law and the Nation) Elie Mystal repeated the false claim that the trips constitute kidnapping. Continue reading ““Kidnapping is a Thing”: MSNBC Continues False Claim that DeSantis is Kidnapping Migrants” →

Constitutional Law, Courts, Criminal law, Justice, Lawyering

DOJ Filing Before Eleventh Circuit Only Seeks to Stay of Part of Special Counsel Order

This image contained in a court filing by the Department of Justice on Aug. 30, 2022, and redacted by in part by the FBI, shows a photo of documents seized during the Aug. 8 search by the FBI of former President Donald Trump's Mar-a-Lago estate in Florida. On Thursday, a federal judge appointed a special master to review the documents. 

Late Friday, the Justice Department filed its long-awaited appellate filing related to the special master order of United States District Judge Aileen Cannon. While the Administration previously argued that the appointment itself is a threat to national security and unsupportable, it notably dropped its opposition to the appointment on appeal and only appealed one aspect of the order.  In its motion for a stay pending appeal, it is only asking the 11th Circuit to allow it to continue using classified documents seized from former President Donald Trump’s Mar-a-Lago property in a criminal investigation. The filing may reflect that time is running out for the Administration since a special master is now in place and is likely to prioritize (and release) these very documents. The motion pending appeal does not prevent the DOJ from later challenging the whole appointment but it will come after the special master has begun his work.

Continue reading “DOJ Filing Before Eleventh Circuit Only Seeks to Stay of Part of Special Counsel Order” →

Constitutional Law, Events

Turley to Give Keynote Address at the California Lawyers Conference on Constitution Day

This morning, I have the honor of addressing the 2022 California Lawyers Conference in San Diego. The keynote address will cover “Emerging Cases and Controversies Before the Roberts Supreme Court.” It is a particular privilege to address the conference on Constitution Day. We are experiencing a crisis of faith in our Constitution, including attacks on the Court and individual justices.  There has also been a rise of opposition to “constitutionalism” as well as attacks on the Constitution as “trash.”

The late Justice Ruth Bader Ginsburg once said “We have the oldest written constitution still in force in the world, and it starts out with three words, ‘We, the people.'” It was a simple and powerful statement. It is incumbent on each of us to defend a constitution that not only defines us as a people but has served us well through hundreds of years of political, social, and economic upheaval.

Continue reading “Turley to Give Keynote Address at the California Lawyers Conference on Constitution Day” →

Criminal law, Politics

No, Transporting Undocumented Migrants to Martha’s Vineyard is Not “Literally Human Trafficking”

Hillary Clinton today agreed with MSNBC host Joe Scarborough that  Florida Gov. Ron DeSantis sending 50 undocumented migrants to Martha’s Vineyard is “literally human trafficking.”  There are good-faith reasons to oppose the transportation to migrants to the island, but, as a legal matter, this is legally nonsense. Continue reading “No, Transporting Undocumented Migrants to Martha’s Vineyard is Not “Literally Human Trafficking”” →

Academia, Free Speech

UChicago Ranked as Top Free Speech School While Columbia, Georgetown, Penn Rank at the Very Bottom

The Foundation for Individual Rights and Expression (FIRE), in partnership with College Pulse, has released the third annual College Free Speech Rankings, ranking the speech climates of 203 of America’s largest campuses. I am happy to report that my alma mater, the University of Chicago, took the top position in protecting free speech. At the bottom of the list is Columbia university. George Washington University does not fair well. It is 171 out of 203 near the bottom of the ranking. Continue reading “UChicago Ranked as Top Free Speech School While Columbia, Georgetown, Penn Rank at the Very Bottom” →

Constitutional Law, Courts, Supreme Court

Turley Speaks to the 2022 Ohio Judicial Conference

Today I have the honor of speaking to the judges and lawyers in the 2022 Ohio Judicial conference on the Supreme Court in Columbus, Ohio.  I will be discussing the last year of cases and controversies for the Court from leaks to threats as well as the recent and upcoming decisions.

Continue reading “Turley Speaks to the 2022 Ohio Judicial Conference” →

Criminal law, Justice

Durham: The FBI Had Danchenko on Payroll as An Informant During the Russian Collusion Investigation

Yesterday, a filing by Special Counsel John Durham revealed that Igor Danchenko, who worked as a key contributor to the discredited Steele dossier funded by the Clinton campaign, was later put on the FBI payroll as an informant. The disclosure rocked Washington and raised additional questions of the FBI’s eagerness to pursue any allegations against Donald Trump despite being warned that the dossier appeared to be a vehicle for Russian disinformation.

Continue reading “Durham: The FBI Had Danchenko on Payroll as An Informant During the Russian Collusion Investigation” →

Columns

A Farewell to Kenneth Starr, a Great Lawyer and a Decent Man

With the passing of Kenneth Starr this week, the legal profession lost one of its most enduring and impactful figures of the last century. As someone who was able to work with Starr in litigation, I can honestly say that Starr was one of the best lawyers that I have seen in court. He not only had a brilliant legal mind but brought a sense of extraordinary clarity and precision to the law. It was that penetrating intellect that repeatedly led to his being called upon to handle some of this nation’s most intractable and controversial matters. He was often repaid with partisan hostility by the media and Congress. However, he never stooped to the level of his critics. He remained one of the most modest, respectful, and kind individuals that I have ever known. Continue reading “A Farewell to Kenneth Starr, a Great Lawyer and a Decent Man” →

Criminal law, Politics

“Stand the F**k Down or Get Shot”: Texas Woman Arrested for Threatening the Life of Judge Cannon over Mar-a-Lago Order

A Texas woman, Tiffani Gish, has been arrested after leaving an unhinged diatribe message for U.S. District Judge Aileen Cannon (left) that threatened to kill the judge if she continued to order an independent review of seized material from Mar-a-Lago. According to the federal complaint, Gish used the fake name of Evelyn Salt to tell Cannon “stand the f**k down or get shot.” Gish appears unstable but she is precisely the reason why the use of “rage politics” is so dangerous on both sides in this election.[Warning: this story contains vulgar or offensive language]. Continue reading ““Stand the F**k Down or Get Shot”: Texas Woman Arrested for Threatening the Life of Judge Cannon over Mar-a-Lago Order” →

Columns, Constitutional Law, Politics

The Return of “The Reign of the Witches”: Biden and Trump are Not the First to Use “Rage Rhetoric” for Political Gain

Below is my column in the Hill on how history appears to be repeating itself in the rise of rage politics by the two major parties.  Both President Joe Biden and former president Donald Trump have made headlines in labeling each other as enemies of the state. We have seen this before…

Here is the column:

Continue reading “The Return of “The Reign of the Witches”: Biden and Trump are Not the First to Use “Rage Rhetoric” for Political Gain” →

Constitutional Law, Courts, Politics, Supreme Court

“Badly Misses the Point”: Post Columnist Hits Roberts after his Defense of the Court’s Integrity

Last week, I had the honor of addressing the judges and staff of the United States Court of Appeals for the Tenth Circuit. Chief Justice John G. Roberts Jr. also spoke at the conference and I was in attendance when he made his comments defending the legitimacy of the Court. Those comments took on added significance when, the following day, Vice President Kamala Harris lashed out at the justices as “activists” and questioned the integrity of the Court. Now, Washington Post columnist Ruth Marcus has criticized Chief Justice Roberts as missing the point in his defense of the Court. I wanted to briefly respond on why the column replicates the historical and legal flaws of the Harris comments.

Continue reading ““Badly Misses the Point”: Post Columnist Hits Roberts after his Defense of the Court’s Integrity” →

Res ipsa loquitur – The thing itself speaks