Criminal law

Beware the Eephus: Durham Lowers the Boom on Former Clinton Counsel Michael Sussmann
Last year, I wrote a column titled “Beware the Eephus.” An Eephus is an a high-arching, off-speed pitch . . . or Special Counsel John Durham. I warned that Durham works slow but throws strikes. Former Clinton lawyer Michael Sussmann may have just found that out. He swung and missed at the ultimate Eephus.

In a Monday night filing, Durham revealed that he has an incriminating statement by Sussmann that dramatically undermined his defense. In the text message, Sussmann denied that he was representing anyone before his critical meeting with the FBI. He then repeated the false statement in that meeting as he pushed a false Russian collusion claim against Donald Trump. Continue reading “Beware the Eephus: Durham Lowers the Boom on Former Clinton Counsel Michael Sussmann” →

Congress, Constitutional Law, Criminal law, Testimony

Turley Testifies on the Foreign Agents Registration Act

I will be testifying this morning in Subcommittee on the Constitution, Civil Rights, and Civil Liberties of the House Judiciary Committee in a hearing on “Enhancing the Foreign Agents Registration Act of 1938.” The hearing will be held at 10 am at the Rayburn House Office Building (Room 2141). My testimony is below.

Continue reading “Turley Testifies on the Foreign Agents Registration Act” →

Columns, Criminal law, Justice, Lawyering, Media

Biden’s ‘Absolute’ Defense of Hunter Leaves Media and Justice Department in a Muddle

Below is my column in The Hill on President Joe Biden doubling down on his absolute defense of his son Hunter Biden. The comments only magnify the concerns over Attorney General Merrick Garland refusing to appoint a special counsel despite the clear basis for such an appointment.  It is clear that the President “absolutely” stands by his son and that the media absolutely stands by the President. The question is whether Garland will stand by justice and appoint a special counsel.

Here is the column: Continue reading “Biden’s ‘Absolute’ Defense of Hunter Leaves Media and Justice Department in a Muddle” →

Media, Politics

“We Have a Great Story to Tell”: NBC’s Todd Interviews Clinton Without Asking About FEC Fine on Steele Dossier
Screenshot/Youtube

The media recently has been rushing to admit that the Hunter Biden laptop story is legitimate before any indictment comes down in Delaware. With that amazing flip (after almost two years), some are admitting like Washington Post there is a “reckoning” for the media in the burying of the story before Biden’s election. That moment of reflection, however, has not stopped media from continuing to bury other stories. That was evident this Sunday on NBC when some of us noted that Chuck Todd interviewed Hillary Clinton but decided not to ask her about the Federal Election Commission (FEC)  recently fining her campaign for concealing the funding of the Steele Dossier.  Todd did not consider that relevant when asking Clinton about how the Democrats should approach the next election. Instead, Clinton was able to explain how Democrats “have a great story to tell” without telling the story of the last election (including the recent FEC fine).

Continue reading ““We Have a Great Story to Tell”: NBC’s Todd Interviews Clinton Without Asking About FEC Fine on Steele Dossier” →

Justice, Lawyering, Politics

Report: Biden Wants Attorney General Garland to Prosecute Trump

During the last Administration, the media was (rightfully) critical of President Donald Trump’s repeated public calls for action from the Justice Department or attacking the handling of pending investigations. Legal experts lined up to denounce the damage to the independence of the Justice Department. The media and experts, however, have been largely silent as President Joe Biden has declared the guilt of individuals or promised punishment before even the commencement of investigations. The latest such example is the leaking of Biden’s desire to have Attorney General Merrick Garland prosecute Trump. Continue reading “Report: Biden Wants Attorney General Garland to Prosecute Trump” →

Free Speech, International, Media, Military, Politics

British Man Convicted After Sending Drunk Tweet About Dead Soldiers

There is a new free speech controversy in the United Kingdom after Joseph Kelly, 36, was convicted of posting a “grossly offensive” tweet about a war veteran. Kelly has been sentenced to 150 hours of community service. The conviction is another blow to free speech in the UK in a case of clear political speech.

Continue reading “British Man Convicted After Sending Drunk Tweet About Dead Soldiers” →

Congress, Constitutional Law, Courts, Criminal law

“The Illegality…Was Obvious”: An Analysis of the Carter Opinion on Jan. 6th

“The illegality of the plan was obvious.” Those words of Judge David O. Carter in the U.S. District Court for the Central District of California this week have electrified commentators across the networks and the Internet. Judge Carter was praised for his “simple clarity” in declaring that “it is more likely than not that President Trump corruptly attempted to obstruct the Joint Session of Congress on January 6, 2021.”  The declarations by the court have led to a frenzy in the media and renewed calls for the prosecution of the former president. However, there are elements to the decision that are deeply concerning on issues ranging from free speech to attorney-client privilege.

Continue reading ““The Illegality…Was Obvious”: An Analysis of the Carter Opinion on Jan. 6th” →

Academia, Constitutional Law, Criminal law, Media, Society

Appellate Court Upholds $25 Million Award Against Oberlin in Mob Action Against Family Grocery

Starting in 2017, I have written half a dozen columns on the lawsuit against Oberlin College over its participation in a campaign against a small family-owned business accused of racism. In this case, the college not only joined the mob but helped lead the mob against Gibson’s Bakery. Even after a massive award by the jury, Oberlin President Carmen Twillie Ambar continued to refuse to apologize for the shameful and costly conduct of her administration. Now, an appellate court has upheld a $25 million judgment against the small college and Oberlin earned every penny of that penalty. Ambar still remains the president of the college.

Continue reading “Appellate Court Upholds $25 Million Award Against Oberlin in Mob Action Against Family Grocery” →

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?” →