International, Media, Military

Does the Filming of the Russian POWs Violate the Geneva Conventions?

I recently wrote a column on why I believe that the Russians are now committing flagrant war crimes. Ukraine is the victim of those crimes and the images from that country are truly sickening.  Vladimir Putin and his government now stands as not just a pariah among nations but criminal actors who have shattered the most basic principles of international law and the Law of War. In that context, it is difficult to raise questions about the response of Ukraine, which is facing annihilation at the hands of a tyrant. However, Ukraine is reportedly showing videotapes of Russian POWs. While it pales in comparison to what is being done by the Russians, the practice may violate Article 13 of the Geneva Conventions. Despite my strong and ongoing support for Ukraine in this struggle, it is important to flag such potential violations when they occur. It also has bearing on the media in using such images.

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Constitutional Law, Courts, Torts

“A Bit Unusual”: Federal Judge Rejects Palin Motion For New Trial

Senior U.S. District Judge Jed Rakoff has issued a stinging rebuke to former Alaska Gov. Sarah Palin in seeking a new trial. A new trial was unlikely given Rakoff’s ruling that he would dismiss the case regardless of the verdict of the jury. However, in my view, Rakoff made an utter mess of this case and this decision will only magnify the novel issues for appeal.

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Academia, Free Speech

“Abolish White People”: Berkeley Faces New Free Speech Controversy

The University of California at Berkeley has been ground zero for some of our most heated fights over free speech. Conservative speakers have been blocked or cancelled. A Berkeley physicist resigned after faculty and students opposed a presentation by a UChicago physicist due to his questioning the impact of Diversity, Equity and Inclusion (DEI) programs. Faculty and students denounced a history professor who anonymously called for greater academic freedom protections. Now, conservatives are objecting after the discovery of a speech by Berkeley Professor Zeus Leonardo in which he discussed the need “to abolish whiteness.” As will come as little surprise to regulars on the blog, I oppose calls for Leonardo to be fired and believe that this is protected under principles of free speech and academic freedom.  Yet, it is the response of the Berkeley faculty and students that is most notable. Continue reading ““Abolish White People”: Berkeley Faces New Free Speech Controversy” →

Congress, Politics, Supreme Court

Taking the Offense: Is the Jackson Nomination “Beyond Politics”?

“I just find those words offensive frankly.” Those words of Sen. Amy Klobuchar (D., Minn.) on Fox Sunday were telling and timely. Klobuchar was responding to my column referring to the nomination of Judge Ketanji Brown Jackson as a “political deliverable” by President Joe Biden. Even before Jackson’s appearance on Capitol Hill, it appears that any acknowledgement of her nomination as fulfilling Biden’s express pledge is already being called “offensive.”

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Criminal law, Politics

Hunter Biden’s Ex-Partner Sentenced to Federal Prison for Fraud
Joe Biden, second right, and his son, Hunter, right, pictured golfing in the Hamptons with Devon Archer.
Fox/Tucker Carlson Tonight

For those of us who have covered the Hunter Biden scandal for years, one of the most prominent figures in his alleged influence peddling efforts is Devon Archer, his close friend and partner. Archer was sentenced yesterday by federal District Judge Ronnie Abrams to a year in jail. Archer is shown (far left) in this 2014 picture with Joe Biden and Hunter Biden.

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International, Military

Is Russia’s “Meat Grinder” Multiplying War Crimes?

Vladimir Putin may be the greatest proof of John Steinbeck’s claim that “war is a symptom of man’s failure as a thinking animal.” For most of us, there seems no plausible endgame for Putin in his invasion of Ukraine other than death and destruction for both countries. Putin seems to be thinking in a different century but using this century’s weapons.

For criminals, there is often a calculus of risk that is done in looking at the costs and penalties of a crimes. The same is true for most war criminals and Putin is clearly now in that class of criminals. There is mounting evidence of war crimes, particularly in attacks on civilian areas.

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Columns, Media, Politics, Supreme Court

Who Really is Ketanji Brown Jackson?
Whitehouse.gov

Below is my column in the Hill on the nomination of Judge Ketanji Brown Jackson. What is most notable of the statements of support for Judge Jackson is how little is said about her judicial philosophy or approach to the law. The fact is that we have a comparably thin record of opinions in comparison to recent nominees. While she obviously has opinions as a district court judge, there are few opinions that shed light on her judicial philosophy. That is not surprising for a trial judge who issues hundreds of insular decisions on trial issues or outcomes. This is not about the years of experience on the bench, which I have repeatedly noted is a great strength in the nomination. It simply means that we have fewer opinions offering substantive insights into her approach to legal interpretation. The question is whether we will learn substantially more in this confirmation.

Here is the column:

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Academia, Constitutional Law

Federal Court Declares Diversity Initiative at Thomas Jefferson High School to be Unconstitutional

We recently discussed controversies on race criteria from college admissions cases pending before the Supreme Court to the threshold criteria used by President Joe Biden for his Supreme Court nominee. Now, a federal district court in Northern Virginia has handed down a major decision in Coalition for TJ v. Fairfax County School Board, ruling that a new admissions policy at the Thomas Jefferson High School for Science and Technology, in Fairfax, Virginia is unconstitutional.  Recently, the county decided to change the admissions system for the elite school to increase minority enrollment.  Judge Claude Hilton ruled that the county unconstitutionally engineered the reduction of Asian-American students to achieve greater racial diversity.

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Columns, Constitutional Law, Politics

“Eliminating Ideas is [the] Very Purpose”: The Court Accepts Major Free Speech Case Over Same-Sex Marriage

Below is my column in the Hill on the acceptance of a major new case by the Supreme Court on the issue of free speech and anti-discrimination laws. The nomination of Judge Ketanji Brown Jackson of the United States Court of Appeals for the District of Columbia (the subject of today’s Hill column) and the Ukraine war took attention from this addition to the docket. However, this case has the makings of a major course change for the Court.

Here is the column:

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Politics, Supreme Court

The White House Expected to Name Supreme Court Nominee Soon

Washington is abuzz this morning with rumors that President Joe Biden will name his nominee, an announcement that is expected as soon as today. As previously discussed, President Biden announced that he would only consider Black, female candidates — threshold criteria overwhelmingly opposed by the public. The pledge was as unnecessary as it was unfair. The three short listers — each with impressive backgrounds — are Judge Ketanji Brown Jackson, a federal appeals judge; Judge J. Michelle Childs, a federal judge in South Carolina; and Leondra Kruger, a justice on the California Supreme Court. I have previously said that Judge Brown Jackson remains the frontrunner for the position.

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International

As Madness Reigns in Russia, a Voice of Wisdom From Kenya

Russia is now unleashing its massive military assault on Ukraine and shattering every international norm in the process. Putin himself has shocked the world with his authoritarian actions and rhetoric. We are watching the blind rage of megalomania played out on a world stage. The only voice that seems to resonate in this madness is that of Putin himself. There has, however, been one voice that seemed to embody the best of our international and law values. It is the voice of Kenyan U.N. Ambassador Martin Kimani. While many of you have likely heard parts of his incredible address, I thought that this would be an important time to hear his remarks, which include criticism of all of the world powers.

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Criminal law, Politics

Trump Prosecutors Resign After Grand Jury Case Stalls in Manhattan

The prosecutors, Carey R. Dunne and Mark F. Pomerantz, submitted their resignations this week to Manhattan District Attorney Alvin Bragg in the investigation into former President Donald J. Trump and his business practices. The resignations came after Bragg reportedly questioned the case against Trump. The challenge in such cases is that companies regularly manipulate the stated value of their assets for tax or loan purposes, particularly in the real estate area. [Update: Bragg denies dropping case and has appointed Susan Hoffinger to lead a squad of about 25 lawyers, paralegals and analysts, according to the Washington Post).

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Criminal law, Politics

Word to the Weiss: Why the Delaware U.S. Attorney is Still Calling People Before a Grand Jury on Hunter Biden
From Hunter Biden’s laptop to influence peddling to financial dealings, the media has presented a fairly unified front dismissing allegations and blacking out coverage. As I previously wrote, the Biden family made an elephant disappear on stage and the media was invested in the trick. The media has largely allowed President Joe Biden to repeat without challenge that that his son did “nothing wrong”  . . .  despite many of us writing for years that what he did was very wrong indeed. Yet, it is becoming increasingly hard to spin out of this scandal as David Weiss, the U.S. attorney for the District of Delaware, continues to call people before a federal grand jury to testify on Hunter Biden.

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Columns, Politics, Society

A “Tragedy of Capitalism”? BLM Faces Growing Questions Over Millions in Donations

Below is my column in USA Today on the investigations into the finances and tax status of Black Lives Matters. As these inquiries expand, co-founder Patrisse Cullors is scheduled to speak in favor of defunding school police in Los Angeles. Many, however, are still seeking answers from Cullors’ time at BLM and what happened to millions in donations given by corporations and citizens. Cullors previously called capitalism a tragedy worse than Covid, but this is one tragedy that could have been avoided.

Here is the column:

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Academia, Free Speech, Torts

Former St. Joseph’s University Professor Sues Over Termination After Twitter Controversy

We previously discussed the case of Greg Manco, a former St. Joseph’s University professor who was effectively terminated by the university after a controversy over his criticism of reparations demands. He has now filed a federal lawsuit alleging defamation, and other claims against the university and a variety of individuals, including five alumni and one current faculty member.

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Res ipsa loquitur – The thing itself speaks