Columns, Constitutional Law, Society

Pilgrim’s Progress: How Thanksgiving Should Be A Celebration Of Nonconformity

Below is my column in The Hill on the attacks on the Pilgrims this Thanksgiving and why they embodied a critical characteristic in our country’s history: nonconformity. Indeed, the first major act that these courageous people did upon their arrival on these shores was the signing of a compact of rights that affirmed:

 

 

“solemnly and mutually, in the Presence of God and one another, covenant and combine ourselves together into a civil Body Politick, for our better Ordering and Preservation, and Furtherance of the Ends aforesaid: And by Virtue hereof do enact, constitute, and frame, such just and equal Laws, Ordinances, Acts, Constitutions, and Offices, from time to time, as shall be thought most meet and convenient for the general Good of the Colony; unto which we promise all due Submission and Obedience.”

Here is the column: Continue reading “Pilgrim’s Progress: How Thanksgiving Should Be A Celebration Of Nonconformity” →

Bizarre, Criminal law

LAPD Searches For Three Drivers in Successive Hit-And-Runs Involving Same Victim

A deeply disturbing case in Los Angeles could raise some difficult legal questions. The police have released a video of three vehicles hitting that same man in the middle of a road and then fleeing the scene. The question is how to charge the drivers once they are apprehended. Continue reading “LAPD Searches For Three Drivers in Successive Hit-And-Runs Involving Same Victim” →

Criminal law, Torts

TURKEY TORTS (2020)

In celebration of Thanksgiving, I give you our annual Turkey Torts of civil and criminal cases that add liability to libations on this special day (with past cases at the bottom). Many criminal defense attorneys and torts attorneys give special thanks for a holiday that can involve copious amounts of alcohol, strained family relations, over-the-hill amateur football players, “Black Friday” sale stampedes, and novice cooks.  These cases are why Johnny Carson said “Thanksgiving is an emotional holiday. People travel thousands of miles to be with people they only see once a year. And then discover once a year is way too often.”

Best wishes for a happy and safe holiday.

Continue reading “TURKEY TORTS (2020)” →

Society

HAPPY THANKSGIVING!!!

Happy Thanksgiving to everyone. Like many families, we are having a smaller gathering this year due to the pandemic guidelines with just our immediate family.  We have had to make some changes in size but not in spirit.  We are cooking up a feast and enjoying our holiday together. I ran a column this morning on my take on the Pilgrims in light of recent criticism of the holiday.

Continue reading “HAPPY THANKSGIVING!!!” →

Constitutional Law, Courts, Politics, Religion, Supreme Court

The Supreme Court Bars Cuomo’s Pandemic Limits On Houses of Worship

The U.S. Supreme Court delivered a surprising blow to pandemic restrictions on house of worship in a late night order barring the enforcement of New York Gov. Andrew Cuomo’s Oct. 6 “Cluster Initiative” limiting attendance at religious services.  Five justices (including newly installed Justice Amy Coney Barrett) blocked the limits while allowing the United States Court of Appeals for the Second Circuit to hear the merits in the case. Notably, Chief Justice John Roberts voted with the liberal justices but only because he felt that the order was not needed since the plaintiffs were not currently subject to the most severe limits. Continue reading “The Supreme Court Bars Cuomo’s Pandemic Limits On Houses of Worship” →

Constitutional Law, Criminal law, Justice, Lawyering

The Best Case For A Flynn Pardon May Be The Conduct Of The Court Rather Than The Defendant

President Donald Trump is reportedly considering a pardon for his former National Security Adviser Michael Flynn this week. As someone who has long opposed Trump’s pardons of Trump associates like Roger Stone and  Joe Arpaio, I do not come easily to the idea of pardon for someone like Flynn. However, the strongest case for a pardon for Flynn was not made by his lawyers as much as his judge, the Honorable Emmet Sullivan. Sullivan’s continued controversial actions in the case could be cited as a credible, if not a compelling basis, for a pardon of Flynn. Continue reading “The Best Case For A Flynn Pardon May Be The Conduct Of The Court Rather Than The Defendant” →

Constitutional Law, Courts, Politics, Supreme Court

Barrett Reloaded? A New Third Circuit Decision Could Prove The Perfect Base For A Second Amendment Blowout

The Third Circuit has issued an opinion that has received little attention over the right to bear arms, but it should. The decision in Folajtar v. The Attorney General of the United States may be one of the most perfectly tailored case for major Supreme Court decision. Indeed, the only thing lacking from the 2-1 decision is a mailing label directly to Justice Amy Coney Barrett. In ruling that a non-violent tax conviction can result in the denial of gun ownership, the panel presents a clean case to further define the contours of the individual rights recognized in District of Columbia v. Heller, 554 U.S. 570 (2008). It is also an opportunity that any new justice would relish: after being the lone dissenter on a similar case, Barrett could be the critical vote (and even the author) on the opinion changing the area in line with her prior position.

Continue reading “Barrett Reloaded? A New Third Circuit Decision Could Prove The Perfect Base For A Second Amendment Blowout” →

Constitutional Law, Politics

Kentucky Attorney Files Challenge To Kentucky Governor’s Closure OF Religious Schools

There is an interesting fight brewing in Kentucky between Attorney General Daniel Cameron and Gov. Andy Beshear. Cameron has filed in support of a challenge to Beshear’s latest executive order closing religious schools to combat the pandemic. Beshear has correctly cited a major victory recently before the Kentucky Supreme Court — an unanimous decision in favor of his authority to issue pandemic orders. However,  Cameron is seeking a higher standard of review by focusing on religious schools that could change the result. Continue reading “Kentucky Attorney Files Challenge To Kentucky Governor’s Closure OF Religious Schools” →

Constitutional Law, Criminal law, Media, Politics

Michigan Attorney General Resumes Threats Of Criminal Prosecution Against Those Alleging Voter Fraud

We have been discussing the use of the criminal code by Michigan Attorney General Dana Nessel (D) to threaten people who post videos on alleged voter fraud or legislators who raise such objections in the state. These threats are coercive and abusive, particularly when targeting opponents of your party who are challenging the victory of your candidate for president. Yet, as shown by a congressman seeking to disbar dozens of Trump lawyers, such threats are popular in today’s rage-filled politics.  So, Nessel continued her threats of prosecution on Monday in warning that a former state senator could be prosecuted for alleging possible voter fraud at a meeting of the Michigan Board of State Canvassers.  So, raising voting fraud at the board overseeing voting is now a possible basis for prosecution in Michigan. Continue reading “Michigan Attorney General Resumes Threats Of Criminal Prosecution Against Those Alleging Voter Fraud” →

Columns, Congress, Constitutional Law, Media, Politics, Society

The Death Star Strategy: Is Trump Contemplating The Ultimate Constitutional Trick Shot?

Below is my column in The Hill on the possibility of contesting electoral certifications by key states. With the adverse ruling in Pennsylvania, the Trump legal team is still pledging new evidence of massive fraud as certifications are completed. The options for the team seem more and more reduced to the ultimate constitutional trick shot in engineering a fight on the floor of Congress.

Here is the column:

Continue reading “The Death Star Strategy: Is Trump Contemplating The Ultimate Constitutional Trick Shot?” →

Congress, Lawyering, Media, Politics

Democratic Member Seeks To Disbar Two Dozen Lawyers Challenging Election Results

We have been discussing the campaign of harassment and threats against Republican lawyers to get them to drop election challenges. New Jersey Democratic Rep. Bill Pascrell expanded that campaign this week with a malicious and frivolous demand for New York and other states to disbar roughly two dozen lawyers for representing Trump, the Republican party, or the Trump campaign in the litigation.  While Democratic members and the media discuss attacks on democracy and the rule of law, they appear to have little problem with campaigns to threaten and harass both lawyers and legislators for raising questions about the election.

 

Continue reading “Democratic Member Seeks To Disbar Two Dozen Lawyers Challenging Election Results” →

Bizarre, Media, Politics

Say It Ain’t So, Joe: CBS Reporter Draws Ire Of Biden For Asking Substantive Question
Constitutional Law, Courts, Politics

Uncured: Federal Judge Dismisses Trump Challenge In Pennsylvania

On Saturday, U.S. District Court Judge Matthew Brann dismissed the challenge filed by the Trump campaign to stop the certification of the vote in Pennsylvania. The court acknowledged that vote negation may have occurred due to different “curing” rules, but balked at the legal and logical basis for blocking certification of the state electoral votes to remedy to such claims. The scathing order described the argument of Trump counsel Rudy Giuliani as a “Frankenstein monster” composed of disparate parts of different legal claims. Notably, the court did find that the “Individual Plaintiffs have adequately pled that their votes were denied.” However, that island of support is lost in a vast ocean of countervailing and caustic findings by the court. Continue reading “Uncured: Federal Judge Dismisses Trump Challenge In Pennsylvania” →

Constitutional Law, Criminal law, Lawyering, Media, Politics

Michigan Legislators Face Calls For Possible Criminal Charges After Meeting With President Trump On Certification

We have been discussing the campaign of The Lincoln Project and others to harass and abuse lawyers who represent the Trump campaign or other parties bringing election challenges. Similar campaigns have targeted election officials who object to counting irregularities.  Now, the Michigan Attorney General and others are suggesting that Republicans who oppose certification or even meet with President Donald Trump on the issue could be criminally investigated or charged. Once again, the media is silent on this clearly abusive use of the criminal code target members of the opposing party in their raising objections under state law.

Continue reading “Michigan Legislators Face Calls For Possible Criminal Charges After Meeting With President Trump On Certification” →

Academia, Free Speech

Harvard Students Demand That Trump Officials Be Preemptively Barred From Campus

We have been discussing the call for blacklists and the campaign of harassment against Trump supporters, lawyers, and officials after the election. Now Harvard students are asking for the university to establish a preemptive bar on former Trump officials and consultants from entering the campus until they are reviewed and vetted. Rather than see universities as an opportunity for dialogue and understanding of our deep divisions, the students seem to be following the lead of Democratic leaders like Rep. Alexandria Ocasio-Cortez (D-N.Y.) who are calling for lists of anyone “complicit” with the Trump Administration.  The students demand that any Trump officials be barred pending a review of their record to “hold them fully accountable for that complicity.”

Continue reading “Harvard Students Demand That Trump Officials Be Preemptively Barred From Campus” →

Res ipsa loquitur – The thing itself speaks