Criminal law

Bailing on the New York Prison System: Murder Suspect Released Due to Lack of Security at Rikers Prison

A murder suspect, Darius Mungin, 20, has been released on bail. That alone is not necessarily new but it is the reason that is alarming. Mungin was released due to the utter lack of security at Rikers Island where he was attacked repeatedly by gang members. Mungin is charged with attempted murder in an Aug. 30 shooting that happened outside a Manhattan deli where a man was shot in the chest. The office Manhattan District Attorney expressed sympathy for his situation in agreeing to lower his bail to allow him to be released. I am less opposed to the bail as I am to the fact that New York officials cannot maintain a prison with a minimal level of security.  The lack of control over the prison is now a basis for release — a disgraceful admission by officials who continue to show utter incompetence and zero accountability. Where bail was once determined on the basis of the threat posed by a prisoner to society, it is now based on the threat posed by a prison to the prisoner.

Continue reading “Bailing on the New York Prison System: Murder Suspect Released Due to Lack of Security at Rikers Prison” →

Columns, Media, Politics

Free Speech Becomes Roadkill in the Crackdown on Canadian Truckers

Below is my column in the Hill on the government and media campaign against the Canadian truckers. The Canadian government has now cleared the Ambassador Bridge. However, there was lasting damage done to the rights of free speech and association after an alliance of the government, corporations, and the media sought to isolate the protesters politically and financially. The most disturbing element was the freezing of donations by companies and the courts. Most recently, the TD Bank joined in blocking support from thousands of citizens. The organized effort to cut off access to donations is alarming, particularly in conjunction with efforts to curtail social media and other informational avenues for the protesters.

Here is the column:

Continue reading “Free Speech Becomes Roadkill in the Crackdown on Canadian Truckers” →

Politics, Supreme Court

Poll: Only 36 Percent Support Biden’s Pledge To Exclude Supreme Court Candidates on the Basis of Race and Gender

We previously discussed the ABC poll showing that 76 percent of Americans opposed President Joe Biden’s pledge only to consider black women for the seat being vacated by Justice Stephen Breyer on the Supreme Court. The pledge was unnecessary as it was unprecedented as a categorical exclusion of any candidates on the basis of their race and gender.  While many in the media and academia have attacked those raising concerns over such a threshold exclusion, the public continues to oppose the pledge according to a new poll.  Only 36 percent stated that they thought that the pledge was “a good idea.” 
Continue reading “Poll: Only 36 Percent Support Biden’s Pledge To Exclude Supreme Court Candidates on the Basis of Race and Gender” →
Media, Politics

Advocacy Journalism 101: Howard University Professor Hannah-Jones Criticizes MSNBC for Covering Shoplifting Stories

New York Times writer (and now Howard University Journalism Professor) Nikole Hannah-Jones, went public this week with a call for journalists not to cover shoplifting crimes, even criticizing MSNBC’s Al Sharpton for his discussion of a viral video of a man who recently stole steaks from a New York City Trader Joe’s. Hannah-Jones is a leading voice for advocacy journalism and her public criticism of the coverage of the rise in shoplifting vividly shows what such journalism means for the profession.

Continue reading “Advocacy Journalism 101: Howard University Professor Hannah-Jones Criticizes MSNBC for Covering Shoplifting Stories” →

Free Speech, Media, Politics

Incitement or Free Speech? CNN Analyst Calls For Slashing Tires as Critics Call for Action Against the Canadian Truckers

I have previously lamented what I call “the age of rage” and how many seem addicted to rage in our society. That was evident this week as many vented against groups ranging from the Canadian truckers to the unvaccinated. CNN analyst Juliette Kayyem seemed to suggest vigilantism as a proper response to the Canadian protesters while James Carville said that he wanted to punch the unvaccinated. I do not view either Kayyem or Carville as seriously advocating or condoning violence. However, the heated rhetoric highlights the danger of past demands from the left for censoring or prosecuting others for violent speech.

Continue reading “Incitement or Free Speech? CNN Analyst Calls For Slashing Tires as Critics Call for Action Against the Canadian Truckers” →

Criminal law, Politics

Trump Accused of Taking Top Secret Material To Mar-A-Lago

According to a new report by The Washington Post, the National Archives had to retrieve a large number of boxes from Mar-a-Lago that were unlawfully removed by President Trump or his staff upon leaving the White House. There are strict laws on the preservation of presidential documents, laws that President Trump was repeatedly accused of flaunting during his presidency. However, the most serious element of this latest allegation is that the removed material included clearly marked classified information, including some at the Top Secret level. Continue reading “Trump Accused of Taking Top Secret Material To Mar-A-Lago” →

Uncategorized

Res Ipsa Hits 56,000,000

crowd vj dayRes Ipsa yesterday passed the 56,000,000 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. (I have to note that my original line thanking Kristin had a typo that she corrected). 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 56,000,000” →

Columns, Constitutional Law, Politics, Supreme Court

The Democratic Case Against The Biden Nominee: Will Republicans Apply the “Barrett Rule”?

Below is my column in the Hill on  the expected fight over the Supreme Court seat to be vacated by Justice Stephen Breyer. The Democrats are calling for a confirmation process strikingly different from their own approach in the last three Supreme Court nominations.

Here is the column:

Continue reading “The Democratic Case Against The Biden Nominee: Will Republicans Apply the “Barrett Rule”?” →

Congress, Constitutional Law, Criminal law, Free Speech, Politics

North Carolina Board Asserts Right to Disqualify Madison Cawthorn as an “Insurrectionist”

The North Carolina elections board declared this week that it has the power to bar Rep. Madison Cawthorn (R-N.C.) from running for office due to his actions related to the Jan. 6, 2021, Capitol riot. It insists that it can enforce Section 3 of the Fourteenth Amendment and declared that he is an insurrectionist. It is a position that, in my view, is wholly outside of the language and intent of this provision. Cawthorn is right to challenge any such action as unconstitutional.

Continue reading “North Carolina Board Asserts Right to Disqualify Madison Cawthorn as an “Insurrectionist”” →

Bizarre, Criminal law

Florida Man Stole and Demolished Car But Insisted it was Done “In Good Faith” Effort to Find His Own Car

Bradford Weitzel, of Port St. Lucie, has a novel concept of self-help remedies in the law. Weitzel, 33, stole the car of Jose William Ceballos and then left it stuck on a train track where it was subsequently demolished. He later explained that he could not find his own car and stole Ceballos’ Honda Fit “in good faith” to find it. It turns out that that is not a viable criminal defense. Continue reading “Florida Man Stole and Demolished Car But Insisted it was Done “In Good Faith” Effort to Find His Own Car” →

Academia, Free Speech, International

GWU President Triggers Free Speech Fight After Declaring Posters Criticizing the Chinese Government Offensive
Mark Wrighton, the new president of George Washington University, triggered a national free speech controversy when he declared that he was “personally offended” by posters criticizing the Chinese government’s hosting of the Olympics. The posters attacked China for its human rights record, including allegations of genocide against the Uyghur Muslim minority. Wrighton not only declared his outrage at the political posters but suggested that an investigation would be launched. He later back-tracked and issued a statement Monday that the posters are political speech and would not be investigated. Wrighton admitted that “I should have taken more time to understand the entire situation before commenting.” The university came to the correct position but the initial response of President Wrighton was wrong and chilling for free speech on our campus.  The posters are jarring in their stark and violent images. Moreover, I do not think that President Wrighton is dismissive of the human rights allegations. However, the actions taken in this case were dismissive, initially, of the values of free speech. Continue reading “GWU President Triggers Free Speech Fight After Declaring Posters Criticizing the Chinese Government Offensive” →
Columns, Constitutional Law, Courts, Politics

“Dismantling Democracy” to Save it: How Democrats Rediscovered the Joys of Rigging Elections

Below is my column in the Hill on the frenzy of gerrymandering in various states and the selective condemnation of President Joe Biden of such practices in North Carolina.

While denouncing Republicans for gerrymandering as attack on democracy, Democratic figures like lawyer Marc Elias are under attack for raising millions to support Democratic gerrymandering. Elias previously declared “Republicans gerrymander like this because they do not want free and fair elections.” (Elias was previously accused of lying to conceal the Clinton campaign’s funding of the Steele dossier, has sought to reverse election results, and has been sanctioned by the courts). Notably, the raw gerrymandering in New York not only seeks to rig the coming elections but openly flouts the will of the voters who repeatedly demanded that the practice stop in their state. 

Here is the column:

Continue reading ““Dismantling Democracy” to Save it: How Democrats Rediscovered the Joys of Rigging Elections” →

Criminal law

Tennessee Woman Receives Six Years in Prison for Illegally Registering to Vote in 2020

There is a troubling case in Tennessee this week where Pamela Moses has been given six years and one day in prison for illegally registering to vote last November. It is an exceptionally severe sentence, particularly due to the mitigating circumstances in the case.

Continue reading “Tennessee Woman Receives Six Years in Prison for Illegally Registering to Vote in 2020” →

Free Speech, International, Politics, Society

GoFundMe and the Nag’s Head Light: How Crowdfunding Has Become The Latest Battleground Over Free Speech

GoFundMe’s suspension of millions to support protesting truckers in Canada shocked many, particularly when the company initially announced its intention to distribute the money to other charities.  It was less of a surprise for those of us who have criticized the company for years over its use of the platform to target and block funds for conservative and libertarian causes. Indeed, the company has revised an old practice known as the “Nag’s Head light” in luring the unsuspecting into what has become a liberal lockbox on funds. Continue reading “GoFundMe and the Nag’s Head Light: How Crowdfunding Has Become The Latest Battleground Over Free Speech” →

Media, Torts

Palin v. NYT: New Evidence Suggests the New York Times Ignored Internal Objections to Palin Editorial

We have previously discussed the lawsuit of former Alaska Gov. Sarah Palin (R) against the New York Times, a lawsuit that could have far reaching implications for defamation law in the United States. The trial began with the introduction of evidence that the New York Times editorial board ignored internal objections to publishing the 2017 column linking Palin to the 2011 shooting in Tucson, Arizona in which then-U.S. Rep. Gabrielle Giffords, D-Ariz was seriously injured. Continue reading “Palin v. NYT: New Evidence Suggests the New York Times Ignored Internal Objections to Palin Editorial” →

Res ipsa loquitur – The thing itself speaks