The Supreme Court turned down the effort of the Trump Administration to circumvent the United States Court of Appeals for the Ninth Circuit and hear the challenge over the termination of the Deferred Action for Childhood Arrivals (DACA) program. The decision not to grant review is clearly a victory for challengers of the Trump policy but it is also important not to read too much into the decision given the procedural posture of the appeal. Notably, on Tuesday the Supreme Court ruled in another immigration case and adopted the type of narrow interpretation sought by the Administration in the DACA litigation. In its decision in Jennings v. Rodriguez, the Court overturned the Ninth Circuit and rejected the right to twice-a-year bond hearings. Justice Samuel A. Alito Jr ruled that “[t]he meaning of the relevant statutory provisions is clear—and clearly contrary to the decision of the Court of Appeals.”Continue reading “Supreme Court Declines To Hear DACA Appeal”
Turkey’s President Recep Tayyip Erdoğan is reviled throughout the world for his autocratic rule and denial of the most basic civil liberties. He consolidated power by dismantling secular traditions and interjecting Islamic policies into the government. His latest outrage was caught on tape as he explains to a crying 6-year-old girl that she is expected to die as a martyr and covered with a Turkish flag at her death. The video below captures Erdoğan’s Islamic extremism and his utter lack of empathy in dealing with the child.
On Sunday,Democratic Senator Amy Klobuchar joined the growing call for new regulation of Internet speech, including the imposition of fines on sites that fail to remove posters and comments of suspected “bots.” While the true impact of the Russian trolls and bots is being hotly debated (and I admit that I am skeptical), Democrats are calling for measures that worry many of us in the free speech community.
Below is my column in the Hill newspaper on the Gates plea deal and what Special Counsel Robert Mueller could be hoping to achieve beyond sealing the fate of Paul Manafort. In guaranteeing the testimony of Manafort’s close associate, Mueller may have practically limited the options to a plea or a pardon for Manafort. For the moment, Manafort seems more likely to wait for the latter than the former. He chastised his former aide as lacking “the strength to continue the battle to prove our innocence.” Perhaps, but Mueller clearly believes that whatever strength is lacking in Gates as a person will be made up as a witness facing 48-71 months in prison.
There is an interesting ruling out of Oregon where Charles Hedgpeth was able to successfully challenge his drunk driving charge due to the delay in testing by the arresting officers. Coos County Circuit Judge Richard Barron was reversed in his conviction of Hedgpeth after the Oregon Court of Appeals ruled that the hour and 45 minute delay could have allowed more alcohol to enter his blood in pushing his blood alcohol content (BAC) to .09 — the legal limit is .08. This is a case where time was of the essence for conviction.
Sheboygan driver, David Neese had a novel defense (and even more novel solution) to being 
The father of a Florida teen is in a tough position after turning over the phone of his son in what he thought was an investigation into disturbing images of guns on Instagram and Snapchat. Police however arrested Sean Mesa, 18, a student at Dr. Michael Krop Senior High, not only for the improper display of a firearm but for the more serious change of possession of child pornography based on an examination of the phone.
Breana Rachelle Harmon, 19, has pleaded guilty to filing a false claim that she was kidnapped and raped by three black men Texas. The plea comes 
Colton Haab, a survivor of last week’s mass shooting at Marjory Stoneman Douglas High School in Parkland, Fla., has 
This week was the 75th anniversary of a sad but inspiring moment. On this day, Sophia Magdalena Scholl and her brother Hans Scholl were executed by the Nazi regime on February 22, 1943. These young people were part of the White Rose movement of Germans who resisted Adolph Hitler. They put their lives at risk to oppose Hitler and, in giving their lives, stood for those Germans who refused to yield to madness of the Nazis.
The court order for Special Counsel Robert Mueller to share exculpatory evidence with former National Security Adviser Michael Flynn has raised intriguing questions about whether evidence might have been withheld from Flynn before his plea deal. As I stated on air, I do not believe that the issuance of this order by Judge Sullivan should be assumed as evidence of any second thoughts by Flynn. As I state in my column below in The Hill newspaper, I do not see a real option for Flynn in trying to undo his plea deal. However, the disclosure of the evidence could raise questions for Flynn.