Criminal law, Lawyering, Media, Politics

In Like Flynn: Clinton Lawyer Adopts a Familiar Defense Against Durham Charge

This week, a former Clinton campaign lawyer was in court with his counsel to fight the indictment by Special Counsel John Durham alleging a false statement to federal investigators. At points, however, Michael Sussmann sounded more like Michael Flynn in arguing that, even if he gave false information, it was trivial and did not warrant a criminal charge. The one missing element, however, was the prior host of liberal legal experts shouting down the defense as frivolous and heralding the prosecution. Continue reading “In Like Flynn: Clinton Lawyer Adopts a Familiar Defense Against Durham Charge” →

Lawyering, Media, Politics

FEC Fines the Clinton Campaign and DNC for Conduct Related to Steele Dossier
(MSNBC/via YouTube)

We have previously discussed allegations that Marc Elias, the former general counsel for the Clinton Campaign and partner at the firm Perkins Coie, lied to conceal the campaign’s funding of the infamous Steele Dossier. The Federal Election Commission (FEC) has now fined the Democratic National Committee and Hillary Clinton’s 2016 campaign for violating election rules in hiding that funding. Elias has previously been sanctioned for his conduct in litigation and recently lost an effort to gerrymander the Maryland voting districts.  The alleged Elias’ lies would ordinarily seem a professional liability for any attorney but they seem an actual professional attraction for Elias. Continue reading “FEC Fines the Clinton Campaign and DNC for Conduct Related to Steele Dossier” →

Academia, Congress, Free Speech, Politics

Senate Democrats Clear Anti-Free Speech Nominee For Floor Vote

At the start of the Biden Administration, I expressed alarm over the anti-free speech figures being brought into the administration by the President. Indeed, President Biden himself has called for greater private censorship and speech regulation. This unease continued to grow as the President turned to figures long criticized for their opposition to free speech, including Dr. Lisa Cook, Professor of Economics and International Relations at Michigan State University. Cook has been nominated for the Federal Reserve. The Democrats just “discharged” Cook from committee on a partisan vote to bring the nomination to a Senate floor vote. Cook has opposed the most basic protections of free speech and academic freedom on campuses during her academic career. Continue reading “Senate Democrats Clear Anti-Free Speech Nominee For Floor Vote” →

Columns, Congress, Constitutional Law

Biden’s Plan to “Tax the Rich” Is Unlikely to Stop with Billionaires

Below is my column in the Hill on President Joe Biden’s new tax on “unrealized gains.” After the President rolled out the new tax, his economic adviser Jared Bernstein went on Fox News and had a moment of uncontrollable honesty. He blurted out to Bret Baier that “it is very much a tax on wealth.” For the White House, it was a cringe-worthy moment. After going through considerable effort to cover this tax in sheep’s clothing, Bernstein ran out of the White House screaming “Wolf, Wolf.” Indeed, the new tax is being framed as a “pre-payment” to avoid the obvious: that it is an unconstitutional wealth tax.  Bernstein’s statement is now likely to feature prominently in court filings challenging this tax if it ever secures congressional approval.

Here is the column:

Continue reading “Biden’s Plan to “Tax the Rich” Is Unlikely to Stop with Billionaires” →

Uncategorized

Res Ipsa Hits 57,000,000

crowd vj dayRes Ipsa yesterday passed the 57,000,000 mark in views on the blog. We have used these moments to give thanks for our many regular readers around the world and give you an idea of the current profile of readers on the blog and our readership around the world. As always, I want to offer special thanks for Darren Smith, who has continued to help manage the blog and help out folks who encounter posting problems.  I also want to thank Kristin Oren who has been proofing posts on a daily basis to remove my embarrassing typos and errors.  Finally, I would like to thank our regular readers who alert me to typos or any violations of the civility or copyright policies on the blog. Continue reading “Res Ipsa Hits 57,000,000” →

Academia, Free Speech

“[We all] Hope Clarence Thomas Dies”: UCLA Faces New Free Speech Controversy Over Social Media

UCLA is facing a new free speech controversy after its Director of Race and Equity, Jonathan Perkins, tweeted that he (like many) hoped Justice Clarence Thomas would die rather than recover from his recent illness. UCLA recently disciplined a student for controversial statements, but has stood by the right of Perkins to express such hateful viewpoints. Ironically, Perkins’ office has long posted anti-free speech positions to justify censorship and speech codes.

Continue reading ““[We all] Hope Clarence Thomas Dies”: UCLA Faces New Free Speech Controversy Over Social Media” →

Congress, Politics

Would the Use of Burner Phones by Trump Violate the Presidential Records Act?

The House Select Committee is reportedly investigating a gap of seven hours and 37 minutes (11:17 a.m. to 6:54 p.m) in telephone calls on January 6th for President Donald Trump. That reported gap led to questions of whether Trump used “burner phones” to evade any record of calls. It is still too early to determine the cause or responsibility for this alleged gap. However, Trump magnified concerns when he claimed to have never even heard the term “burner phone,” let alone knew what it means. The far more serious question, however, is whether Trump or his aides or allies actively sought to conceal communications during that critical period. There have been claims that the use of such phones would violate the Presidential Records Act. I do not believe that it would be a technical violation of the PRA.

Continue reading “Would the Use of Burner Phones by Trump Violate the Presidential Records Act?” →

Columns, International, Politics

Yacht or Not? It is Easier to Seize an Oligarch’s Than it is to Keep it.

Below is my column in USA Today on the continuing push to seize the yachts and other property of Russian oligarchs. While enormously popular, it is easy to take a yacht. It is far more difficult to keep it. Indeed, the public could end up footing the bill for not just litigation but possible repairs to these opulent vessels.

Here is the column: Continue reading “Yacht or Not? It is Easier to Seize an Oligarch’s Than it is to Keep it.” →

Travel Blog

Historical Pilgrimage: The World War II Museum in 2022

This week, I was in my old stomping grounds of New Orleans. I still hold a huge amount of affection for the city where I lived and taught as a member of the Tulane Law School. No matter how short a trip is, I always make it over to the World War II museum.  As many on this blog know, I am a military history buff and the museum is nothing short of a pilgrimage. I consider it not just a must-see destination in New Orleans, but the finest military museum in the world. Every time I visit, there is a new exhibit or an entirely new building. Continue reading “Historical Pilgrimage: The World War II Museum in 2022” →

Columns, Congress, Constitutional Law, Courts, Media, Politics

Justice Thomas Faces Calls for Investigation and Sweeping Recusals

Below is my column on the calls for Supreme Court Justice Clarence Thomas to recuse himself from a wide range of cases.  I have previously discussed the  meritless calls for his impeachment over the controversy related to his wife’s emails to the White House after the 2020 election. There are legitimate concerns that Thomas should have recused himself from a January case if he knew that his wife’s messages were included in the material sought by the House investigation. However, experts have gone further to claim that he must recuse himself from a wide array of other cases, including any touching on the 2020 election. I do not agree with that assessment. In the meantime, Sen. Cory Booker (D., N.J.) is calling for an “investigation” into Thomas’ refusal to recuse himself, though he is vague on who would conduct such an investigation.

Here is the column:

Continue reading “Justice Thomas Faces Calls for Investigation and Sweeping Recusals” →

Media, Politics

Biden’s Red Queen Justice: The Border Agents Remain Under Investigation Six Months After Debunked Whipping Scandal
YouTube Screenshot

We have now reached the six-month anniversary of the investigation into border patrol agents that President Joe Biden declared guilty of whipping migrants at the border. Biden and the media spread a false story based on a misleading picture of mounted agents using a whip to guide his horse. While the Administration promised a conclusion to the investigation within days or weeks, it has continued to refuse to release any results and insists that it remains “under investigation.” The concern is that the Administration does not want to contradict the President who proclaimed the guilt of the agents and promised that they would be punished before they were investigated, let alone adjudicated. Six months ago, Homeland Security Secretary Alejandro Mayorkas promised that the investigation would be “completed in a matter of days, not weeks.”

Continue reading “Biden’s Red Queen Justice: The Border Agents Remain Under Investigation Six Months After Debunked Whipping Scandal” →

Columns, Congress, Constitutional Law, Media, Politics

No, Justice Thomas Did Not Commit an Impeachable Offense

It is often said that “if the only tool you have is a hammer, every problem looks like a nail.” In modern American politics, it often seems like the only tool is impeachment and every controversy instantly becomes a high crime and misdemeanor. Donald Trump was impeached not once but twice. Not long after Justice Brett Kavanaugh was confirmed, Democrats like then-Sen. Kamala Harris and Sen. Elizabeth Warren demanded his impeachment.  Others demanded the impeachment of Attorney General Bill Barr and cabinet members.

Associate Justice Clarence Thomas is only the latest addition to that ever-lengthening list. In reality, the calls for his impeachment are entirely disconnected from any constitutional or logical foundation. Rather, the Thomas controversy shows how the impeachment mantra has become a raging impeachment addiction. Continue reading “No, Justice Thomas Did Not Commit an Impeachable Offense” →

Constitutional Law, Media, Politics

Court Rules Democrats Engaged in “Extreme Partisan Gerrymander” in Maryland

I recently wrote a column on the hypocrisy of Democratic activists and members denouncing attacks on democracy as they engage in raw gerrymandering in states like New York. Marc Elias, the former Clinton Campaign general counsel accused of hiding the funding of the Steele Dossier, filed in support the gerrymandered map. The case is Szeliga vs. Lamone.

Continue reading “Court Rules Democrats Engaged in “Extreme Partisan Gerrymander” in Maryland” →

Columns, Congress, Constitutional Law

The Jackson Hearings and the Death of the Confirmation Process

Below is my column in The Hill on the confirmation of Judge Ketanji Brown Jackson and the death of the confirmation process as a meaningful and substantive process of review. The confirmation hearings continued a long trend towards superficiality and jingoism when it comes to the discussion judicial philosophy and doctrine. Nominees have long been prepped to refuse to answer substantive questions and evade direct responses on judicial philosophy. This did not start with Judge Jackson but it is clear now that our confirmation process is a scripted and shallow exercise for all parties.

Here is the column:

Continue reading “The Jackson Hearings and the Death of the Confirmation Process” →

Congress, Politics, Supreme Court

E Pluribus Unum: The Supreme Court Issues Two Major Rulings With Only One Dissenting Vote

We have previously discussed the disconnect between the rhetoric for court packing and the reality of the court itself. As senators like Elizabeth Warren have called to pack the Court with a liberal majority and others have described it as hopelessly and ideologically divided, the Court itself continues to crank out unanimous or nearly unanimous decisions. This week saw two major cases touching on free exercise and free speech with only one dissenting vote.  While justices have publicly condemned the Democratic court packing efforts, the court seems to be again speaking through its opinions. The cases are Ramirez v. Collier and  Houston Community College System v. David Buren Wilson.

Continue reading “E Pluribus Unum: The Supreme Court Issues Two Major Rulings With Only One Dissenting Vote” →

Res ipsa loquitur – The thing itself speaks