Columns, Criminal law, Media, Politics

Rorschach Redactions: What Did Not Happen with the Release of the Mar-a-Lago Affidavit

Below is my column in the Hill on the release of the affidavit leading to the raid on Mar-a-Lago. The redacted affidavit did confirm key points, but the most interesting elements could be what did not happen. That may change now that a federal judge has finally indicated that a special master may be appointed. Since the start of the controversy over the Mar-a-Lago raid, I have called for the release of a redacted affidavit and the appointment of a special master to sort through the seized material, including alleged attorney-client privileged material. (Indeed, the Justice Department just admitted that it may have collected attorney-client privileged material). Such an appointment could result in additional material being returned to the Trump team and a release of additional information on what was seized under this exceptionally broad warrant.

Here is the column:

Continue reading “Rorschach Redactions: What Did Not Happen with the Release of the Mar-a-Lago Affidavit” →

Academia, Congress

Wharton Study: Biden Tuition Debt Forgiveness Could Cost $1 Trillion

The alleged cost of $300 billion for the Biden tuition debt forgiveness plan was challenged by the White House as too high. Then the figure went up to $500 billion. Now the respected University of Pennsylvania’s Wharton School of Business estimates that it will cost up to $1 trillion. Putting the merits of such debt forgiveness aside, the unilateral plan to waive up to a trillion dollars without congressional approval is a dangerous and unconstitutional violation of our system of the separation of powers. Those Democrats applauding this plan in Congress are celebrating their own institutional obsolescence. Continue reading “Wharton Study: Biden Tuition Debt Forgiveness Could Cost $1 Trillion” →

Academia, Free Speech, Politics

Marquette University Students Shut Down Convocation in Protest of Racial “Oppressions and Hardships”
Recently, Marquette University faced criticism over the removal of the image of Father Jacques Marquette and a Native American from its seal after protests. Now the University is facing another controversy after black student activists shutdown its convocation to protest the “oppressions and hardships” faced at the university. This includes the alleged elimination of  the Office of Engagement and Inclusion, which officials have denied as simply false. Continue reading “Marquette University Students Shut Down Convocation in Protest of Racial “Oppressions and Hardships”” →
Courts, Criminal law, Politics

Federal Judge Indicates Intent to Appoint Special Master to Review Seized Documents in Mar-a-Lago Raid

Since the start of the controversy over the Mar-a-Lago raid, I have called for the release of a redacted affidavit and the appointment of a special master to sort through the seized material, including alleged attorney-client privileged material. Indeed, I felt that this was one of the four failures of Attorney General Merrick Garland in not taking proactive steps to assure that public that this was not a pretextual raid to collect sensitive material for other investigative purposes. Now, District Judge Aileen Cannon has indicated an intent to make such an appointment. It was a belated request from the Trump team but, as I wrote yesterday, it would still have considerable value in the case.

Continue reading “Federal Judge Indicates Intent to Appoint Special Master to Review Seized Documents in Mar-a-Lago Raid” →

Academia, Bizarre, Criminal law, Society

Denver Public Schools Show Video Telling Kids to Avoid Police “as Perpetrators of Violence”

Some advice given to students was to not report attacks to the police.

There is a controversy in the Denver Public School system as students were shown a video telling them not to call police if they see a violently racist or homophobic incident because police are perpetrators of such violence. What is particularly shocking, however, was the response of the school district to the showing of this insulting and dangerous film. The district said that nobody at Denver South High School actually watched the video before showing it to the students under their charge. Continue reading “Denver Public Schools Show Video Telling Kids to Avoid Police “as Perpetrators of Violence”” →

Academia, Bizarre, Politics, Society

Poll: Over Sixty Percent of Democratic Students Oppose Sharing Dorm Rooms With Republicans

It is a sign of our times. It used to be that the key criterion for college roommates was whether you are a “partier v. non-partier.” Now, it is just your party.

A new NBC and Generation Lab study of the class of 2025 showed that roughly half of college students refuse to live with someone who voted for a member of a different political party. That percentage is notably much higher with Democrats rather than Republicans.

Continue reading “Poll: Over Sixty Percent of Democratic Students Oppose Sharing Dorm Rooms With Republicans” →

Free Speech, Justice, Media, Politics

Zuckerberg Reveals the FBI Told His Company to be Wary of “Russian Disinformation”

Recently, I wrote about the disclosure of an alleged backchannel between the CDC and Twitter on censoring critics of the agency and its recommendations. Now, Meta CEO Mark Zuckerberg discussed how the FBI warned Facebook about “Russian propaganda” before the Hunter Biden laptop story dropped in 2020. This follows reports that the FBI told agents not to pursue the laptop and to slow walk any investigation into Hunter Biden’s alleged influence peddling schemes.

Continue reading “Zuckerberg Reveals the FBI Told His Company to be Wary of “Russian Disinformation”” →

Academia, Free Speech

Cornell Declaration States School Perpetuates “Colonialism, Indigenous Dispossession, Slavery, Racism, Classism, Sexism, Transphobia, Homophobia, Antisemitism, and Ableism.”

We have been following conflicts over official statements or acknowledgements on diversity, colonialism, or privilege at universities. These conflicts often involve concerns over free speech or academic freedom. The most recent controversy has arisen at Cornell University and involves a challenge to an official declaration that the university perpetuates “settler colonialism, indigenous dispossession, slavery, racism, classism, sexism, transphobia, homophobia, antisemitism, and ableism.” The statement was posted on its School of Integrative Plant Science’s website and, according to the site College Fix, one academic has objected: Randy Wayne, associate professor in the School of Integrative Plant Science in the College of Agriculture and Life Sciences. Continue reading “Cornell Declaration States School Perpetuates “Colonialism, Indigenous Dispossession, Slavery, Racism, Classism, Sexism, Transphobia, Homophobia, Antisemitism, and Ableism.”” →

Columns, Criminal law, Justice, Politics

Garland’s Leaky Ship: the Justice Continues an All-Too-Familiar Pattern of Demanding Secrecy While Leaking Information

Below is my column in the New York Post on the opposition of the Justice Department to release of even a redaction affidavit in the ongoing controversy over the raid at Mar-a-Lago. As this litigation unfolds (including a key filing today), the Justice Department has been reportedly leaking some of the very same information to the press. In addition, National Archives and Records Administration released a letter contradicting claims of the Trump team, including refuting claims of cooperation or transparency by the former president. There has never been a more important time for Attorney General Merrick Garland to show leadership in plugging his leaky ship while ordering the release of a redacted affidavit. As discussed below, the release of substantive portions of an affidavit can ordinarily be made without compromising confidential informants or undermining the investigation. It could well support criminal allegations or contradict the former president as being claimed by unnamed sources. However, he has waived objections to the release and there is a clear public interest in greater transparency.

Here is the column: Continue reading “Garland’s Leaky Ship: the Justice Continues an All-Too-Familiar Pattern of Demanding Secrecy While Leaking Information” →

Academia, Columns, Congress, Constitutional Law

“Reclaim America from Constitutionalism”: Law Professors Now Call to “Pack the States” Rather than “Pack the Court”

Below is my column on the increasing condemnations of “constitutionalism” as the root of our problems as a nation. The latest such attack came from two professors in the New York Times in a column titled The Constitution Is Broken and Should Not Be Reclaimed. It is part of a crisis of faith sweeping the nation. There are good-faith objections to such institutions as the electoral college, but the growing attacks on the Constitution reflects a more significant break with our constitutional values and traditions.

Here is the column: Continue reading ““Reclaim America from Constitutionalism”: Law Professors Now Call to “Pack the States” Rather than “Pack the Court”” →

Academia, Criminal law

Protests Arise at UW-Madison After Alleged Assailants of Chinese Student are Charged with Misdemeanors in Brutal Attack

There is a controversy at the University of Wisconsin this week after the Dane County District Attorney’s Office in Wisconsin filed misdemeanor battery charges against three teens suspected in the brutal assault of a UW-Madison Chinese PhD student. The Asian community denounced the crime as race related (which the University denies). Asian students protested the treatment of the case at the university. Many objected to not only the rejection of hate crime charges but the use of misdemeanor rather than felony charges. The reason, however, appears a key distinction in the Wisconsin criminal code. Continue reading “Protests Arise at UW-Madison After Alleged Assailants of Chinese Student are Charged with Misdemeanors in Brutal Attack” →

Free Speech, Media, Politics

Twitter’s “Tricky” Timing Problem: Lawsuit Reveals Back Channel with CDC to Coordinate Censorship
Twitter Logo“Tricky.” Over the course of 110 pages in a federal complaint, that one descriptive word seemed to stand out among the exchanges between social media executives and public health officials on censoring public viewpoints. The exchange reveals long-suspected coordination between the government and these social media companies to manage a burgeoning censorship system. Twitter just reportedly suspended another doctor who sought to raise concerns over Pfizer Covid records. Former New York Times science reporter Alex Berenson is also suing Twitter over his suspension after raising dissenting views to the CDC. In the meantime, Twitter is rolling out new procedures to combat “misinformation” in the upcoming elections — a move that has some of us skeptical. Continue reading “Twitter’s “Tricky” Timing Problem: Lawsuit Reveals Back Channel with CDC to Coordinate Censorship” →
Courts, Criminal law, Justice, Media, Politics

Litigation by Leak: Government Officials Leak New Details on the Mar-a-Lago Raid While Continuing to Oppose Disclosures in Court

One of the most glaring contradictions in the Mar-a-Lago controversy has been the Justice Department demanding absolute and unwavering secrecy over the FBI raid while officials have been leaking details on the raid. The latest example is a report in the New York Times that the Justice Department recovered more than 300 documents with classified markings, citing multiple sources connected to the investigation. Most judges would be a tad annoyed by the contradiction as the government continues to frame the public debate with its own selective leaks while using secrecy to bar other disclosures. That includes sections of the affidavit that detail the communications with the Trump team, information that is already known to the target. Continue reading “Litigation by Leak: Government Officials Leak New Details on the Mar-a-Lago Raid While Continuing to Oppose Disclosures in Court” →

Columns, Criminal law, Media, Politics

How Merrick Garland Missed Four Chances to Earn the Public Trust on Mar-a-Lago

Below is my column in the Hill on the upcoming filing of the Justice Department on proposed redactions to the affidavit that led to the Mar-a-Lago raid. It will be the fifth chance for Attorney General Merrick Garland to take a modest step to assure concerned citizens over the basis or motivation for the raid.

Here is the column: Continue reading “How Merrick Garland Missed Four Chances to Earn the Public Trust on Mar-a-Lago” →

Congress, Criminal law, Media, Politics

The Return of Peter Strzok: How a Fired FBI Official Is Making the Case Against Himself

Peter Strzok is back in the news this week. Career colleagues at the Justice Department previously referred Strzok for possible criminal charges and he was fired for his bias and unprofessional conduct. However, Strzok was immediately embraced by many in the media and establishment for his anti-Trump sentiments. After he was fired, the former special agent was given a lucrative book deal, lionized on the left, featured prominently as an expert by CNN, and given a teaching job at Georgetown. It was an extraordinary recovery from a scandal where he showed flagrant bias, engaged in an affair with another married colleague at the FBI, and fought to continue to investigate Russian collusion claims despite early warnings over the questionable basis of the allegations pushed by the Clinton campaign. (Strzok’s colleague and former paramour, Lisa Page, was given a contract as a legal analyst with NBC and MSNBC). Now, Strzok appears liberated in showing precisely the bias and unhinged hostility alleged by his critics. He has been in the news lashing out at Trump and trolling his objections to the raid on Mar-a-Lago.

Continue reading “The Return of Peter Strzok: How a Fired FBI Official Is Making the Case Against Himself” →

Res ipsa loquitur – The thing itself speaks