A Los Angeles Times opinion column is firing up the Internet after Virginia Heffernan wrote about her anguish in not knowing how to respond to neighbors cleared the snow on her driveway. They problem is that they also voted for former President Donald Trump. The column entitled “What can you do about the Trumpites next door?” explores her struggle with how to respond while comparing all Trump supporters to Nazis and Hezbollah. It is unfortunately hardly surprising to see such unhinged hateful comparisons in today’s age of rage. What was surprising is need to publish such a column containing gratuitous attacks on over 70 million voters as comparable to genocidal murders or terrorists. Continue reading “Thank You For Shoveling My Driveway . . . You Nazi? LA Times Runs Bizarre Column Revealing Liberal Angst And Anger”
“The First Amendment does not apply in impeachment proceedings.” If there is a single line that sums up the sense of legal impunity in the second Trump impeachment, it is that line from a letter sent by law professors to deny any basis for the former president to challenge his impeachment on free speech grounds. The scholars call any such arguments “legally frivolous” but only after misstating the argument and frankly employing a degree of circular logic. While I agree with aspects of the letter, I believe that the thrust of the letter misses the point of those of us who have raised free speech concerns. Continue reading ““The First Amendment Does Not Apply”: A Response To The Letter Of Scholars In Rejecting Trump Arguments Under The First Amendment”
Below is my column in The Hill on the news that Donald Trump will not be charged with campaign finance violations linked to payments made to Stormy Daniels. The report (and the start of the Senate trial) raise another question as to why Trump has not been interviewed, let alone charged, with the crime of incitement. Various members and legal experts have claimed that the case for prosecution is clear on its face. The crime occurred in public over a month ago, but there is no indication of a move to prosecute. Why? It is presumably not because prosecutors feel it would be too easy.
Here is the column:
Continue reading “Why Has Trump Not Been Charged With Criminal Incitement?”
Alison Collins, the Vice President of the San Francisco Board of Education, has declared meritocracy to be racist even in the selection of students at advanced or gifted programs. As we have previously discussed, this has been a building campaign in academia as educators and others denounce selection based on academic performance through testing. At issue in San Francisco is Lowell High School where top students were selected through testing and grades. Most cities have such gifted programs or institutions, though we have discussed calls for the elimination of all gifted and talented programs in cities like New York. Lowell had a majority of white and Asian students and only two percent of its student body were African-Americans. Collins and other board members want to abolish the merit-based selection in favor of a blind lottery system. Continue reading ““We Cannot Mince Words”: San Francisco Education Official Denounces Meritocracy As Racist”
There is a bizarre case out of Charleston, West Virginia where Julie M. Wheeler has been given an additional year in prison after trying to fake her death to avoid sentencing for health care fraud. That secured an added conviction for conspiring to obstruct justice. Her husband will also now spend time in prison.
Below is my column in the Hill on the trial briefs filed by the House and the Trump team for the second Trump impeachment trial. The brief of the House promises an emotionally charged but legally insufficient case for conviction. Indeed, there is no evidence that the “prosecution” is designed to win the trial since the House offers little on the issue of intent. Conversely, if Donald Trump insists on arguing election fraud, he could conceivably engineer his own conviction. Rather the strategy on both sides seems to be to enrage the emotions of viewers rather than prove an actual case for incitement to insurrection.
Here is the column: Continue reading “A Question Of Intent: How The Trump Trial Is Designed To Enrage But Not Convict”
It appears that Marc E. Elias is back. The Perkins Coie lawyer was the focus of stories related to the Steele dossier and the long-denial of the Clinton campaign that it actually funded investigation. Despite such false statements by the campaign before the election, the money was found to have been paid out as a legal expense through Elias as counsel for the campaign. Elias also reportedly was present when this funding was denied to the media and to Congress. The Biden campaign enlisted Elias to lead efforts in election challenges despite that history. He is now making a curious argument in New York for a Democratic lawyer: he is alleging that thousands of votes may have been switched or changed by Dominion voting machines. Continue reading “The Return Of Marc Elias: The Lawyer Implicated In The Clinton Dossier Scandal Is Back In The News”
Over the last four years, we have seen an alarming trend of law professors and legal experts discarding constitutional and due process commitments to support theories for the prosecution or impeachment of Donald Trump or his family. Legal experts who long defended criminal defense rights have suddenly become advocates of the most sweeping interpretations of criminal or constitutional provisions while discarding basic due process and fairness concerns. Even theories that have been clearly rejected by the Supreme Court have been claimed to be valid in columns. No principle seems inviolate when it stands in the way of a Trump prosecution. Yet, the statement of House manager Rep. Jamie Raskin, D-Md., this week was breathtaking. A former law professor, Raskin declared that the decision of Trump not to testify in the Senate could be cited or used by House managers as an inference of his guilt — a statement that contradicts not just our constitutional principles but centuries of legal writing. Yet, it appears a signature of this team of House managers. Rep. Eric Swalwell earlier insisted that the failure to then President Trump to turn over documents should be cited as evidence of guilt on any underlying claims.
Continue reading “Raskin: Trump’s Decision Not To Testify May Be Cited As Evidence Of His Guilt”
We have have been discussing how writers, editors, commentators, and academics have embraced rising calls for censorship and speech controls, including President-elect Joe Biden and his key advisers. The erosion of free speech has been radically accelerated by the Big Tech and social media companies, including YouTube. Now YouTube has censored actual testimony given to the United States Senate by Dr. Pierre Kory, who was testifying on different drug treatment. So now these companies are going to censor what was told to the government and decide what viewers will be allowed to consider from the public debate. It is a continuation of the movement to prevent people from hearing opposing views and to control what is shared or discussed in a growing attack on free speech. Continue reading “YouTube Censors Senate Testimony From Doctor On Possible Covid Drug”
Over the last four years, there has been a type of race by politicians and pundits who seek to outdo each other in the most sensational claims of how Donald Trump could be prosecuted or impeached on an ever-expanding list of offenses. Each claim is stated with absolute certainty despite long-standing questions or constitutional barriers. Democratic Rep. Maxine Waters of California has been a standout in this crowd — calling for impeachments and prosecutions from the very beginning of Trump’s term in office. She is now insisting that Trump can and should be charged with “premeditated murder” over the deadly riots at the U.S. Capitol on Jan. 6th. The statement was made on MSNBC which has trafficked in such ridiculous theories without any pushback from the media or legal experts. Continue reading “Rep. Waters: Trump Needs To Be Charged With Premeditated Murder”
We have previously discussed the unhinged and unsupported claims of “My Pillow” CEO Mike Lindell. However, an interview on Newsmax shows just how out of control this debate has become as a host tried to stop Lindell from making unsupported claims. Eventually Anchor Bob Sellers walked off the set in what was a live meltdown on national television. Continue reading “Newsmax Meltdown: Host Leaves Set As “My Pillow” CEO Lindell Continues To Argue Election Fraud”
There has been much press about the New York University study, “False Accusation: The Unfounded Claim that Social Media Companies Censor Conservatives.” It is being touted by the media as establishing that any allegations of bias against conservatives is “disinformation,” the term used by authors Paul M. Barrett and J. Grant Sims of the NYU Stern Center for Business and Human Rights. That term of course is now used as a basis for flagging or censoring material. The problem is that the study is largely conclusory and, though buried in the study, acknowledges that it is not based on any real hard data and is therefore “inconclusive.”
We have seen in the last four years how rage has replaced reason for many experts. Legal experts who long defended criminal defense rights have suddenly become advocates of the most sweeping interpretations of criminal or constitutional provisions while discarding basic due process and fairness concerns. Academics who teach journalism have called for an abandonment of neutrality and objectivity. The Democratic Party itself has become the champion of censorship. Even in this company, CNN’s media expert Brian Stelter is a standout. Stelter has been regularly criticized for alleged bias but this week Stelter offered an argument for limiting both free speech and the free press that would have kept George Orwell up at night. Stelter told his viewers that they really do not have to talk about censorship and simply should refer to reductions of free speech as “a harm reduction model.” Continue reading ““A Harm Reduction Model”: CNN’s Brian Stelter Offers A Perfectly Orwellian Attack On Free Speech And Freedom Of The Press”
An Australian professor of “moral psychology” used Twitter to call for the death of Trump supporters. Neither Twitter nor his colleagues objected to Macquarie University Associate Professor Mark Alfano calling for “more of this please” after reading that a Trump supporter died in the recent Capitol Hill riot. He also called such deaths “comedy.” He is not the first academic to call for such violence or defend killings. We previously discussed Rhode Island Professor Erik Loomis who writes for the site Lawyers, Guns, and Money and declared that he saw “nothing wrong” with the killing of a conservative protester. (A view defended by other academics). Other professors have simply called for all “Republicans to suffer.” What is striking is that such views are neither barred by Twitter nor, according to a conservative site that broke this story, denounced at his university. For my part, I have always maintained an Internet originalist position on free speech opposing censorship, so I would prefer that these academics not be banned. However, there is a stark contrast in how such views are treated by both social media companies and universities. Likewise, there is legitimate condemnation of the social media statements of figures like Rep. Marjorie Taylor Greene and many QAnon figures, but virtually nothing on figures voicing extremist views on the left in the mainstream media or academia.
Continue reading ““More Of This Please”: Professor Calls For The Death of Trump Supporters”
Below is my column in the Hill on the new push to bar former President Donald Trump under the 14th Amendment in a censure resolution. Various commentators and groups have called for dozens of Republican politicians to be barred from office in the same way, including a “how to guide” for “disqualifying insurrectionists and rebels” under the 14th Amendment. Some have even added a call to put the entire Republican Party on a Domestic Terror list. Rage again has overwhelmed reason. The suggested use of the 14th Amendment raises serious constitutional concerns and could present a compelling basis for a court challenge if actually passed. Indeed, Trump could prevail in court shortly before the 2024 presidential race.
Here is the column: Continue reading “The Senate Is Playing A Dangerous Game With The 14th Amendment”
