Ninth Circuit Reverses Lower Court Injunction And Restores Most Of Travel Ban

ninth-circuit-logoOn Monday, the United States Court of Appeals for the Ninth Circuit restored the latest travel ban imposed by President Donald Trump. I previously criticized (here and here) the challenges to the travel ban and I believe that the Ninth Circuit is on solid ground in ruling the government can bar entry of people from six Muslim-majority countries with no connections to the United States. In my view, the injunction issued in Hawaii ignored the significance of not only critical differences in the third travel order but also the prior decision of the Supreme Court to vacate the prior injunction.

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Yale Agrees To Restore Pictures Of White Pierson College Masters After Removal In the Interests of Diversity

PiersonshieldAfter removing the portraits of his white predecessors from the dining hall of Pierson College, Pierson College head Stephen Davis is now saying it was all a terrible misunderstanding.  Davis earlier proclaimed the removal of the portraits in the interest of the “campus-wide conversations about diversity and inclusion in public art and representation.”  All of the prior “Masters” were white. Now, after a backlash, Davis is saying that the portraits will be returned.

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The Roy Moore Scandal: Someone’s Lying But No One Is Suing [UPDATED]

Last week on this blog and in television interviews, I noted that in scandals like the one surrounding Roy Moore I often wait to see who sues for defamation first.  What is clear in that someone is lying. It is either numerous women who were tracked down by the Washington Post or Roy Moore himself.  Moore has called the women liars and “evil” while they have described a man with alleged pedophilic tendencies.  As I mentioned on Friday, Moore’s responses are suspiciously labored and narrow for someone accused of deeply disturbing allegations.  While I did not agree that Moore should simply withdrawal solely because someone made an accusation, the record is getting worse by the day.  If he is innocent, I can understand a refusal to be chased from the race but there are new accounts that are making the situation untenable for Moore to remain in the race.  Notably, Moore has been calling these women liars but he has not sued for defamation or announcing his intention to do so.  That would put all parties under the bright light of discovery.

Update:  Moore has announced that he will sue for defamation. However, he did not mention suing over the allegations of dating young girls but only “being with” a 15-year-old girl.  He also mentioned only suing the Washington Post and not the various women who spoke on the record or his former colleague who spoke on the record.  As noted below, the lawsuit against the Post would likely face the greatest challenge for Moore to prevail.

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Fresno State University Professor Remains Defiant After Court Ordered Fine and First Amendment Training

download1We previously discussed the case of Fresno State University Public Health Professor Dr. Gregory Thatcher recruited students to destroy pro-life messages written on the sidewalks and wrongly told the pro-life students that they had no free speech rights in the matter.  As I stated earlier, I find it extraordinary that the university did not seriously discipline or terminate Thatcher, but he still remains on the faculty.  A district court has now ordered Thatcher to pay $17,000 and undergo First Amendment training.  However, Thatcher remains defiant and the university appears complicit in his actions by the lack of disciplinary action.

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A Senator’s Privilege: How Menendez Declared His Own Conduct To Be Corrupt In A 2010 Senate Trial

220px-Robert_Menendez,_official_Senate_photoBelow is my column in the Hill newspaper on the ongoing jury deliberations over the alleged crimes of Senator Robert Menendez (D, N.J.).  An alternate juror has said that she would have voted to acquit.  It is a surprising result given the significant gifts showered on Menendez.  The best witness against Menendez might have been Menendez himself.

Here is the column:

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Defendant Appears In Court on Drug Charge When Cocaine Drops From His Hat

Juan Jose Vidrio Bibriesca, 43, was already in a bad position in the Eagle County District Court in Colorado for violating the bond on a drug charge.  It became a lot worse when he removed his hat and a packet of cocaine fell on the floor of the courtroom in front of the judge.

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Chipotle Worker Recognizes Customer As Man Who Allegedly Burglarized Her Home

1510490955070.jpgThis may prove the ultimate take out.  A Chipotle employee in New York was serving a man when she realized he was the same guy who broke into her apartment on May 18th with accomplices in a burglary crime.  She confronted the man who ran from the restaurant . . . after grabbing his order.

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“In Dread Silence Reposes”: California NAACP Calls For Barring The Anthem As A Way To Resolve Of The Ongoing NFL Protests

JapaneseAmericansChildrenPledgingAllegiance1942-2In the ongoing controversy over the anthem protests by NFL players, today is likely to be one of the most stressful.  On Veteran’s Day weekend, many fans are planning to step up their own counterprotest by boycotting the games.  The NFL has pledged not to change its policy in allowing the protests. ESPN and the networks been working with the NFL to shield the game from such counterprotests by not showing the anthem or the NFL players kneeling (or commenting on the large number of empty seats at many games). It has resulted in much criticism over the relationship of ESPN and the networks to the NFL as well as their uncertain role as journalists/commentators.  In the meantime, the California NAACP has proposed a simple solution: get rid of the anthem.  No anthem, no protests.  It could bring new meaning to the anthem’s reference to “in dread silence reposes.”

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You Have The Right To Remain Silent: Man’s Flatulence Forces Police To End Interrogation

15383038_GDefense counsel often struggle with clients who fail to demand a lawyer in interrogation.  Sean Sykes Jr. however appears to have shutdown his interrogation without uttering a sound . . . well at least a word.  Police say that they were forced to terminate their interrogation by Sykes’ continual flatulence.  He is no doubt now in production to star in the sequel series to “Breaking Bad” called “Breaking Wind.”

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Alabama Auditor Defends Roy Moore: “Mary was a teenager and Joseph was an adult carpenter. They became parents of Jesus.”

Jim-Zeigler-228x300Murillo_immaculate_conceptionAlabama Senate candidate Roy Moore has long been controversial and I will readily admit to being one of his most vocal critics over his defiance of legal authority and extremist views.  However, he is now perfectly radioactive after allegations that he initiated sexual contact with a 14-year-old when he was in his 30s.  Perhaps the strangest defense came from Alabama state auditor Jim Ziegler (right) told the Washington Examiner that, if Moore did engage in pedophilia, it was “much ado about nothing.”: “Take Joseph and Mary. Mary was a teenager and Joseph was an adult carpenter. They became parents of Jesus.” In the meantime, Moore has called his multiple accusers as people engaging in “intentional defamation.”  What is clear is someone is lying.  If Moore is telling the truth, the next step would presumably be a defamation lawsuit.  The same can be said for these four women who have now been called liars.  This is a time when a little litigation would go a long way.

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D.C. City Council Moves To Honor Marion Barry With Prominent Statue In Front Of City Hall

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Graswald Gets Only Four Years In Infamous Kayak Murder Case

kayakpicWe have been following the case of Angelika Graswald who is accused of murdering her fiancé Vincent Viafore by sabotaging his kayak on a river outing on the Hudson. Indeed, we previously heard that she had confessed and said “it felt good” to see Viafore die. Now there is a report that Graswald confessed , saying “All right, I’ll give you a f–king statement . . . I wanted him dead and now he’s gone . . . And I’m OK with it.” The fact that Graswald was sent to prison this week is hardly a surprise, but what was surprising was the term of incarceration. Graswald was given a plea bargain for negligent homicide and given the maximum one-and-a third to 4 years in state prison.

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Professor Luna Teaches Animal Liability At GW Law To Universal Acclaim

IMG_7720As in prior years, Professor Luna Turley (shown here with adoring students) appeared as a visiting scholar yesterday to teach the Torts class on animal liability at GW Law School.  To the chagrin of the assigned professor, she was generally viewed as a significant improvement as she showed the basis for determining domestication or wild characteristics in animals.

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Derigging: Former DNC Chair Denies She Ever Said Primary Was Rigged Despite Book Allegation

220px-donna_brazile_1Donna Brazile’s disclosure of an agreement between the Democratic National Committee and the Clinton Campaign has recreated a firestorm in confirming widely held views that the primary was rigged to guaranty Clinton the nomination.  Even before the disclosure, many of us had reached that conclusion after debates schedules and other conditions during the primary seemed to uniformly favor Clinton.  Brazile however is now insisting that she never said the primary was “rigged,” though she stands by her disclosure of the agreement as well as her statement that the Clinton campaign was “cult-like.” It was a classic Brazile moment — reminiscent of her prior false statements to the media about leaking questions to Clinton before the debate and even suggesting that her emails were altered. Now Brazile is caught in her own Clintonian “meaning of is” distinction on what she wrote in her book.

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Hunter College Prof: White Families Foster White Supremacy

 

 

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Res ipsa loquitur – The thing itself speaks