Constitutional Law, Free Speech, Politics, Society

Cuomo Signs State Law Barring Sale and Display of “Symbols Of Hate”
C-Span Screenshot

New York Gov. Andrew Cuomo signed legislation this week that would ban the the sale of Confederate flags and other symbols of “intolerance and hate” on public property and limit the display of such symbols. As a long-standing free speech advocate, you must often defend speech that you find offensive. However, the First Amendment is not designed to protect popular speech. We do not need protection for speech that people support.  The test of free speech is to support those with whom you disagree and speech that you oppose. This is one such case. In my view, the Cuomo legislation is a violation of the First Amendment. Continue reading “Cuomo Signs State Law Barring Sale and Display of “Symbols Of Hate”” →

Columns, Justice, Politics, Uncategorized

Bill Barr’s Family Time: How The Justice Department Has Lost One Of Its Staunchest Defenders

Below is my column in the Hill on the early departure of Attorney General Bill Barr.  The move will give Trump the record on Attorneys General.  That is not good.  A President cannot selected too many Supreme Court justices or too few Attorneys General. Reports indicate that, with Barr leaving, Trump is openly discussing appointing a special counsel for the Hunter Biden investigation.  At this point, that appears entirely unnecessary and would further tarnish the image of Trump as someone who is interfering with the internal decisions of the Justice Department. What is clear is that Barr proved a critical fire wall for the Department at one of its most chaotic and challenging periods. As I have previously said, Barr remains more sinned against than sinner and history will vindicate his tenure at the Justice Department.

Here is the column: Continue reading “Bill Barr’s Family Time: How The Justice Department Has Lost One Of Its Staunchest Defenders” →

Bizarre, Media, Military, Politics

Former DNC Official: “We Should Give Eric Swalwell The Congressional Medal Of Honor For His Conduct”

There continues to be a virtual news blackout on coverage of the scandal involving House Intelligence Committee member Rep. Eric Swalwell reportedly having a long intimate relationship with a Chinese spy named Fang Fang.  Some however were not content to simply ignore the story.  In a more worthy of Shakespeare’s Julius Caesar, Brad Woodhouse, the former DNC Communications Director, went on Fox News not to bury Swalwell but to praise him.  Asked whether Swalwell should have been left on the House Intelligence Committee after an alleged intimate relationship with a Chinese spy, Woodhouse declared Swalwell did everything right after being notified by the FBI. He then added “we should give Eric Swalwell the congressional medal of honor his conduct.” As a military history buff, the comparison did not sit well with me, but it was particularly odd coming from Woodhouse. Continue reading “Former DNC Official: “We Should Give Eric Swalwell The Congressional Medal Of Honor For His Conduct”” →

Media, Politics, Society

Cuomo v. Cuomo: Did The New York Governor Make The Case Against Himself With Kavanaugh?
C-Span Screenshot

There remains a blackout on the sexual harassment allegations against Democratic Gov. Andrew Cuomo by most major media outlets. Putting aside the striking lack of interest in comparison to the allegations raised against Justice Brett Kavanaugh, the controversy from that confirmation fight could raise difficult questions for Cuomo who not only insisted that Dr. Christine Blasey Ford must be believed but demanded that Kavanaugh take a polygraph examination.  It is not clear if Cuomo will now follow his own standard and take a polygraph examination arranged by others. Continue reading “Cuomo v. Cuomo: Did The New York Governor Make The Case Against Himself With Kavanaugh?” →

Academia, Bizarre, Politics, Society

“We Did Not Belabor The Point”: San Fran Committee Calls For Renaming Abraham Lincoln High School

“We did not belabor the point.” No words better capture the lack of intellectual and historical content of much of the cancel culture sweeping the nation. It was the response of Jeremiah Jeffries, the Chair of the San Francisco School Names Advisory Committee. The Committee has recommended the renaming of Abraham Lincoln High School as well as targeting the George Washington High School, Herbert Hoover Middle School and Paul Revere K-8.  Even an elementary school named after Dianne Feinstein is being targeted. This is not the first such effort around the country that focused on Lincoln. We recently discussed the effort of University of Wisconsin college students to remove the prominent statue of Lincoln on campus as not sufficiently “pro black”and a single-handed symbol of white supremacy.” 

Continue reading ““We Did Not Belabor The Point”: San Fran Committee Calls For Renaming Abraham Lincoln High School” →

Justice, Media

“Portion Control”: CNN’s Stelter Slams Coverage of Hunter Biden Scandal As CNN Buries Both The Biden And Swalwell Stories

CNN’s media reporter Brian Stelter appeared to answer my question from a couple days ago on whether the media would bury that scandal involving Democratic Rep. Eric Swalwell. The answer is now clearly yes. Indeed, Stelter was critical of coverage on Fox as excessive on the Biden scandal as his network continues to downplay or bury both the Biden and the Swalwell stories. To cover the Biden story would expose CNN’s own failure to honestly report a major story before the election in order to protect Biden. This is scandal that not only raises the possible criminal prosecution of the son of the incoming president but involves emails and evidence that directly contradict Joe Biden’s past denials of knowledge or involvement. Stelter however views the problem as covering the story too much.  It seems that it is not Biden controlling the media but the media simply controlling its “portions.”

Continue reading ““Portion Control”: CNN’s Stelter Slams Coverage of Hunter Biden Scandal As CNN Buries Both The Biden And Swalwell Stories” →

Columns, Criminal law, Media, Politics

“Largely Unnoticed”: Hunter Biden Is On The Roof Again And The Media Just Noticed

Below is my column in the Hill on the Hunter Biden scandal and how the media is attempting to cover a story that was dismissed as Russian disinformation throughout the campaign. The media like the Daily Beast is spinning the sudden disclosure of one and possible two related investigations as based on details that were “largely unnoticed” before the election. They were of course noticed. They were largely ignored.

Here is the column:

Continue reading ““Largely Unnoticed”: Hunter Biden Is On The Roof Again And The Media Just Noticed” →

Society

Remembering Francis Salvador, The Jewish Person To Be Elected And To Give His Life For the United States

Last night we continued our Hanukkah celebration with a big dinner with the kids (as a mixed Jewish/Catholic couple we celebrate both sets of holidays).  I thought that this was a good time to honor one of the least known early American heroes, Francis Salvador who holds the distinction of being the first Jewish person elected in the United States and the first Jewish person to die for American freedom.  We previously discussed the story of Commodore Uriah Levy, another figure often overlooked in early historical accounts. Our history is rich with such early Jewish figures at the founding and rise of the American Republic. As with this picture of Navy personnel celebrating Hanukkah, this nation continues to rely on patriotic Jewish Americans who answer the call of duty.

Continue reading “Remembering Francis Salvador, The Jewish Person To Be Elected And To Give His Life For the United States” →

Bizarre, Lawyering, Politics

The Lincoln Project Moves From Doxxing To Trolling With Recent Commercial

I have previously criticized the Lincoln Project which has not only sought to dox Trump attorneys but fund a campaign of harassment targeting Republican lawyers, their firms, and their clients. The project was not only founded in part by lawyer George Conway but is funded by hundreds of lawyers who have remained silent as the Project engaged in such abusive conduct. Now, the Project has been reduced to open trolling with a commercial that literally has no value or purpose other than mocking President Trump. It is now an open trolling operations funded by lawyers around the country.  To do so in the name of Abraham Lincoln is a particular disgrace.

Continue reading “The Lincoln Project Moves From Doxxing To Trolling With Recent Commercial” →

Justice, Politics, Society

No Good Deed Goes Unpunished: Trump Attacks Barr On Not Disclosing Ongoing Biden Investigations

This morning, Brian Kilmeade did an excellent interview with President Donald Trump and pressed him on issues like a possible floor challenge to the certification of the 2020 election under what I have called a “Death Star” strategy.   Trump notably refused to answer that question and whether he would attend the inauguration by saying “I don’t want to talk about that.”  What he clearly wanted to talk about was Attorney General Bill Barr, who is facing calls to be fired for his maintaining confidentiality over ongoing federal investigations linked to Hunter Biden. Kilmeade pressed Trump on the attacks on Attorney General Bill Barr and quoted me as saying that Barr acted correctly in declining to reveal ongoing investigations related to Hunter Biden.  Trump responded that he is only asking for what Special Counsel Robert Mueller did in correcting a false news story in 2019. I disagree with the analogy with that clarification, which presented a very different ethical and factual situation.  Barr did exactly what he had to do to protect not just the integrity of these investigations but the integrity of the Justice Department as a whole.

Continue reading “No Good Deed Goes Unpunished: Trump Attacks Barr On Not Disclosing Ongoing Biden Investigations” →

Bizarre, Media, Politics

CNN’s April Ryan Strikes Out At Reporters Disclosing Embarrassing Comments From Joe Biden

We have been discussing the open bias shown by the media in the last four years. It is not clear if we can regain the ground lost for journalism as even journalism professors call for the rejection of objectivity in favor of advocacy. This has included shielding Joe Biden from any challenging questions during the recent election. That includes the news blackout on reporting on the Hunter Biden scandal, the subject of my column today in the Hill. CNN’s April Ryan personifies this trend. Even as the media is facing widespread criticism for burying the Hunter Biden story (and is now doing the same with the Swalwell scandal), Ryan lashed out at confidential sources responsible for leaking a recording of Joe Biden making embarrassing comments about the “defund the police” movement. Ryan is demanding to know who is responsible for allowing the embarrassing comments to be made public despite her past enthusiastic discussion of such leaks against President Donald Trump. Continue reading “CNN’s April Ryan Strikes Out At Reporters Disclosing Embarrassing Comments From Joe Biden” →

Bizarre, Congress, Constitutional Law, Politics

No Friend of Congress: Pascrell Seeks To Block 120 House Republicans From Being Seated For Signing Amicus Brief

It appears that Rep. Bill Pascrell (D., NJ) has a serious problem with Republicans going to court.  We recently discussed Pascrell’s absurd effort to disbar roughly two dozen Republican lawyers for challenging the results of the 2020 election. Now Pascrell is declaring that 120 House Republicans signing a “Friend of the Court brief” (or amicus brief) is tantamount to supporting a rebellion against the United States and that they should be blocked from taking their seats in Congress. I previously denounced Pascrell for his “dangerous form of demagoguery.” This latest call shows the demagoguery has reached a level of utter delusion.    Continue reading “No Friend of Congress: Pascrell Seeks To Block 120 House Republicans From Being Seated For Signing Amicus Brief” →

Free Speech, Media, Politics

Whitmer Defends Democratic Rep Over Violent Rhetoric As Other Democrats Seek diGenova’s Disbarment For His Comments
YouTube Screenshot

There is an interesting contrast developing in two controversies.  We recently discussed how legal experts demanded that Joe diGenova be disbarred for recently saying that Cybersecurity and Infrastructure Security Agency head Chris Krebs should to be “drawn and quartered” for his failure to protect this election.  Krebs has filed a legally dubious lawsuit against diGenova. Yet, in Michigan, Gov. Gretchen Whitmer and other Democrats have defended Rep. Cynthia Johnson who called out for “soldiers” to “make [Trump supporters] pay” for their criticism and harassment of her. Those who insisted on disbarment and other measures for diGenova are conspicuously silent about such overheated rhetoric from the left.

Continue reading “Whitmer Defends Democratic Rep Over Violent Rhetoric As Other Democrats Seek diGenova’s Disbarment For His Comments” →

Criminal law, Politics

“Like A Needle Pulling A Thread”: Kim Gardner Kicked Off McCloskey Case
YouTube Screenshot

I have been skeptical in the past of the charges brought against Mark and Patricia McCloskey by Circuit Attorney Kim Gardner given the countervailing rights of gun possession and home protection in Missouri. I felt that a case could be maintained as a charging matter but I still fail to see how such charges could be proven at trial or sustained on appeal.  Now, a court has removed Gardner as prosecutor for fundraising on the case.

Continue reading ““Like A Needle Pulling A Thread”: Kim Gardner Kicked Off McCloskey Case” →

Bizarre, Criminal law

New York Woman Wearing Python Hits Car, Crashes Through Firehouse, and Damages Firetrucks

A New York woman, Sarah Espinosa, 22, has been arrested for a rather odd offense after crashing her car while under the influence. That is unfortunately not particularly uncommon but she crashed her Prius into a firehouse while wearing a giant python around her neck. Beyond that curiosity, there is one aspect of her case that raises a question about redundant charging by prosecutors. Continue reading “New York Woman Wearing Python Hits Car, Crashes Through Firehouse, and Damages Firetrucks” →

Res ipsa loquitur – The thing itself speaks