I have a column today in the Hill on the indictment of former Clinton campaign lawyer Michael Sussmann by Special Counsel John Durham. The indictment fills in a great number of gaps on one of the Russian collusion allegations pushed by the Clinton campaign: Alpha bank. Sussmann and others reportedly pushed the implausible claim that the Russian bank served as a conduit for communications between the Trump campaign and the Kremlin. The indictment removes the identity of key actors like a “Tech Executive” who used his connections with an Internet company to help the Clinton campaign (and said he was promised a top cyber security position in the widely anticipated Clinton Administration). One of those figures however may have been identified: “Reporter-2.” Atlantic staff writer Franklin Foer wrote an article for Slate that seems to track the account of the indictment and, as such, raises questions over his role as a conduit for the Clinton campaign’s effort to spread the false story. Continue reading “The Atlantic’s Franklin Foer Allegedly Identified as “Reporter-2” in the Sussmann Indictment”
Not long after the ratification of our Constitution, the great Justice Joseph Story marveled “How easily men satisfy themselves that the Constitution is exactly what they wish it to be.” The Constitution is designed to be a type of waltz with a three rather than six-step pattern in our tripartite system of government. Many today however treat it more like an interpretative dance, an invitation for expressive individual moves. Indeed, in the last few months, President Joe Biden often seems to be dancing alone. The improvisational element to constitutional interpretation reflects more than mere political opportunism. It reflects a crisis of faith on the Constitution Day.
Today at 11:15 a.m. to 12:30 p.m. (PDT), I will have the pleasure of speaking as the Constitution Day speaker for Santa Monica College. It will be on a crisis of constitutional faith in our country, particularly in the abandonment of free speech principles. The moderator for the event, which will be shown by Zoom, is Professor Hari Vishwanadha. Continue reading “Turley Speaks At Santa Monica College on Constitution Day”
Michigan state Rep. Jewell Jones is facing an array of criminal charges, including two new serious felonies after he was found in possession of a handcuff key after he was arrested. There is little basis for much sympathy for Jones who has shown little regard for the criminal code in his past conduct. However, I have a serious concern over the new charges brought down after the key discovery.
Continue reading “Michigan State Rep Found With Handcuffs Key After Arrest For Violating His Bond”
Rep. IIhan Omar (D., Minn.) lashed out at Hennepin County District Judge Jamie Anderson for blocking a ballot measure that would replace with Minneapolis Police Department with a new department of public safety. Omar alleged that Anderson was part of a “network” working to frustrate “progress.” Underlying this dispute is an interesting question of the court’s role on the ballot question and, while she is wrong in her attack on the court, Omar may have a legitimate objection if the ballot question is blocked despite revisions.
The still unraveling story of Alex Murdaugh, the once powerful South Carolina lawyer, became even more bizarre this week with reports of the arrest of a man, Curtis Edward Smith, 61, accused of shooting him in the head . . . at the request of Murdaugh. Months ago, both his wife and son were gunned down at his home in a still unsolved double murder case. His late son Paul was accused of negligence and drunk driving in the boating death of a young woman, a case that many said was riddled with undue influence by the powerful family. What is interesting is the charge profile on both men in this latest development.
Continue reading “Southern Gothic: Alex Murdaugh to Turn Himself in Bizarre Criminal Conspiracy”
A New Mexico State University professor is the latest professor to pledge to challenge COVID mandates after a strident anti-vaccine lecture that contained comparisons to the Nazis and concentration camps. Business law Professor David Clements had just received the teaching excellence award but could not attend the ceremony over his refusal to wear a mask. The video shows students leaving the lecture, which I felt was inappropriate and over-the-top for making this point. Professor Clements has every right to challenge the mandate but I was astonished by the length and intensity of this lecture that became a diatribe before the students who came for a business law class. Clements was later put on paid administrative leave. Continue reading ““I Will Not Wear a Mask”: New Mexico Professor Placed on Leave After Refusing To Take Vaccine or Wear Mask” 
It is now common for faculty to include diversity statements with their syllabus. Indeed, such statements are encouraged at most schools. However, a statement by a human development and family science assistant professor at Virginia Tech University has triggered a debate over academic freedom and free speech. Crystal Lynn Duncan Lane reportedly added a “Who I Am” section to her syllabus that has drawn criticism on sites like Campus Reform and from some of her students over an apology for being white and middle class. While Lane states that dealing with her own latent racism is “work [that] terrifies me,” her statement has outraged others who felt that it was itself racist against white students and colleagues. As will come as little surprise to regulars on this site, I believe this is protected speech by Lane. The question for me is whether the university would tolerate a statement denying such inherent racism from a professor. That is the true test of free speech and academic freedom.
President Joe Biden has long pledged to “build back better” but in the last few months it has become clear that his transformative plans go beyond mere infrastructure and extend to our very structure of government.
From abortions to elections to rents, Biden is seeking to federalize huge areas to displace state law. Not since John Adams and his Federalist Party has the country faced such a fundamental challenge to our system of federalism. Continue reading “The New Federalist Party: Biden Moves Forward With the Greatest Federalization Push Since Adams”
Below is my column in the Hill on the recommendations of the anti-racism task force to “reimagine history” at the National Archives. It appears that the Archives are moving forward with warnings and other reforms.
Here is the column: Continue reading “Bubble Wrapping History: The National Archives Moves To “Reimagine” The Founding”
Occasionally we discuss pieces in student newspapers that reflect the evolving views on our campus toward free speech. One such editorial appeared last week in the Case Western Reserve University (CWRU) student newspaper The Observer. The Observer editorial board wrote that the recognition of a pro-life student group presents an unacceptable risk to the student body. The editorial, which due criticism from sites like Campus Reform, is legitimately a concern over the rising anti-free speech movement taking hold on our campus.
Justice Stephen Breyer has been a target of liberal groups for months as billboards and commentators call for his immediate resignation. It has backfired with Breyer pushing back on such pressure and reaffirming that he will stay on the Court so long as he is capable of carrying out his duties. Breyer has also opposed the same groups and a number of leading Democrats pushing for court packing. Breyer just reaffirmed his position (and that of other justices like the late Ruth Bader Ginsburg) in opposition to court packing.
Continue reading ““What Goes Around Comes Around”: Justice Breyer Again Warns Against Court Packing”
As we discussed yesterday, there are different views of what occurred on 9/11 that are expressed (appropriately) on our campuses. Indeed, while some have criticized the holding of critical forums on the anniversary, it is precisely the type of diversity of viewpoints that sustains higher education. However, a student senator at Washington University in St. Louis has triggered a free speech debate after he allegedly removed American flags from a 9/11 memorial display and threw them into the trash. While condemning the action, the school has taken no action against Fadel Alkilani, vice president of finance for the student union. A common argument on campuses today is that shutting down the speech of others is itself an exercise of free speech — something I have long contested. Continue reading “Flagging Free Speech: Washington University Student Triggers Free Speech Debate by Removing 9/11 Memorial”
Many of us who lived through September 11th terrorist attacks have used today to share the painful memories of that day. In addition to losing a friend on one of the flights, the Pentagon plane hit just after I passed next to the impact side of the Pentagon in my car on the way to work. I ended up being cut off by another car and blowing my front tire and fixing it as the huge plume rose over the Pentagon. For others, the anniversary carries a different meaning from religious extremists murdering thousands in the name of Allah. For Syracuse University political science professor and Washington Post contributor Jenn M. Jackson, the attacks were really about destroying the “heteropatriarchal capitalistic systems” supporting the United States and Western powers. Would that make Osama Bin Laden a champion in intersectional homotransnationalism?
During the debacle in the withdraw from Afghanistan, the Biden Administration claimed to have killed an “ISIS-K Planner” but curiously refused to give his name despite repeated media requests. It was odd because clearly he knew about it as did his colleagues. Ten innocent people (rather than three claimed by the Administration) appear to have also died in the attack. However, now the New York Times reports that we may have vaporized an innocent person who was loading water rather than munitions into his car. Indeed, the newspaper suggests that he is a former U.S. Aid worker. If so, the report could trigger a compensation demand. We just discussed such compensation system in my Torts class. Continue reading “NYT: The “ISIS-K Planner” Killed By The Administration Was A Former U.S. Aid Worker Loading Water Containers”