Constitutional Law, Society, Torts

Did The Lincoln Project Just Advertise Its Own Defamation Liability?

In this election, the Lincoln Project has been arguably the most prolific anti-Trump organization in running scathing and often personal attacks on Trump, his family, and his associates. The ads have ranged from the genuinely funny to the shockingly vicious. Now however, the Project may have added openly defamatory. The Project has erected a pair of billboards in Times Square that slam Jared Kushner and Ivanka Trump as callous and mocking figures in the fast of the rising death toll from Covid-19. The Project has received a letter of intent to sue from the family’s lawyer and, while these actions by public official or public figures are extremely difficult to maintain, the claim could have merit. I have updated the column below to add the statement from the Lincoln Project.

Continue reading “Did The Lincoln Project Just Advertise Its Own Defamation Liability?” →

Academia, Free Speech, Politics, Society

“We Are Tired”: Duke Law Students Demand George Mason Professor Be Barred From Virtual Panel
“We are tired.” Those three words sum up a great deal of the anti-free speech movement growing on our campuses. Students and faculty have grown tired of free speech. Opposing views are now treated as threats and intolerable for students. A case in point is the effort by half of the law students at Duke to ban Helen Alvaré, a George Mason University law professor, from appearing on a virtual panel discussion about family law. The letter is both well-written and chilling in its call for censorship on campus. It dismisses any notion of free speech protection in allowing dissenting views to be heard on campus. Indeed, it does not even consider such values worthy of discussion. Instead, the students insist that the mere ability of an academic to speak on a panel is an endorsement of her views and a threat to current and future Duke law students. Continue reading ““We Are Tired”: Duke Law Students Demand George Mason Professor Be Barred From Virtual Panel” →
Bizarre, Criminal law, Lawyering, Society

Business Litigator Charged As Serial Bank Robber In Florida

When a detective on October 20th spotted a man who looked like a serial bank robber being pursued by police, they quickly deduced that they had the right man from prepared notes for bank tellers and a ball-peen hammer in his waistband. They also learned that the suspect, Aaron Patrick Honaker, 41, is a lawyer who previously represented parties in business and creditor cases. Continue reading “Business Litigator Charged As Serial Bank Robber In Florida” →

Academia, Bizarre, Politics, Society

Ridiculox: Schools Are Adopting Gender Neutral Alternative To The Gender Neutral “Alumni”
Most colleges and universities have committed themselves to being more inclusive environments in recent years, including the replacement of certain terms with gender neutral alternatives. This effort however appears now to be changing terms that are already gender neutral. Schools like Loyola University, California Institute of the Arts, Rutgers University, the University of California-San Diego, the University of Michigan, College of the Atlantic, Drew University in New Jersey, Swarthmore College, and the Vermont College of Fine Arts have reportedly dumped the word “alumni” to replace it with “alumnx” – much like the move to drop Latino or Latinx. The problem is that “alumni” is already gender neutral but that does not apparently matter in claiming a new gender reform. Continue reading “Ridiculox: Schools Are Adopting Gender Neutral Alternative To The Gender Neutral “Alumni”” →
Congress, Criminal law, Politics

Witness: Joe Biden Was “The Big Guy” [Updated]

A former business partner to Hunter Biden, Tony Bobulinski, has made a bombshell statement that not only are the emails on the Biden laptop authentic but the reference to giving a cut to “the big guy” was indeed a reference to former Vice President Joe Biden. More emails are emerging that show Hunter Biden referring to his family as his asset in these dealings. Continue reading “Witness: Joe Biden Was “The Big Guy” [Updated]” →

International, Justice, Media, Politics

Biden Laptop Was Subpoenaed By The FBI in 2019 As Part Of A Money Laundering Investigation

Last night, Fox News reported that the laptop allegedly belonging to Hunter Biden was subpoenaed last year by the FBI in a money laundering investigation. While the status and the targets of the investigations are unknown, the subpoena would appear to support the fact that these emails are authentic and that the laptop was Biden’s. While House Intelligence Committee Chair Adam Schiff and roughly 50 “intelligence experts” have assured the public that this is just Russian disinformation, both the FBI and the Director of National Intelligence have now confirmed that they do not believe the laptop and its contents are Russian disinformation. Now it appears that the laptop was viewed as sufficiently connected to possible federal crimes to be subpoenaed as evidence by the FBI a year ago. Continue reading “Biden Laptop Was Subpoenaed By The FBI in 2019 As Part Of A Money Laundering Investigation” →

Congress, Constitutional Law, Courts, Politics, Supreme Court, Uncategorized

The Barrett Boycott: Democrats Struggle To Get An Empty Sack To Stand Up
I recently wrote about how the Barrett confirmation hearing is proof that Benjamin Franklin was right when he wrote that “it is hard for an empty sack to stand upright.” Now that analogy is becoming reality as Democrats plan to leave actual empty seats in today’s hearing to vote on the nomination. It is all an effort to convince Democrats voters that the senators are really angry over the nomination and fighting like the dickens to stop it. It is, of course, pure theater with no real impact on the nomination but voters seem to demand little more from politicians today than visceral distractions.

Continue reading “The Barrett Boycott: Democrats Struggle To Get An Empty Sack To Stand Up” →

Media, Politics, Society

Will Adam Schiff’s Claims Now Be Blocked On Twitter?

Twitter LogoJust a day after more than 50 former senior intelligence officials signed on to a letter declaring that the recent disclosure of emails from the Hunter Biden laptop is likely Russian disinformation, the FBI reportedly confirmed that the material does not appear to be Russian disinformation. While former officials like John Brennan insisted that the story “has all the classic earmarks of a Russian information operation,” the FBI appears to have found no such evidence thus far. This followed a similar conclusion from the Director of National Intelligence in response to House Intelligence Committee Chair Adam Schiff saying that the story was pure Russian disinformation. The question is whether Twitter and Facebook will now bar access to Schiff’s statements pending further review since the actual intelligence agencies are suggesting that this could be democratic disinformation. After all, a former Twitter executive is calling for President Trump to be barred from all social media until after the election to prevent “misinformation.” The burden of being a free speech advocate is the the answer is clearly no. Those, like Schiff, who have called for censoring material on the Internet still should benefit from the protections of free speech. Continue reading “Will Adam Schiff’s Claims Now Be Blocked On Twitter?” →

Free Speech, Media, Politics, Society

“Time To Mute The President”: Former Twitter and Google Executive Calls For Trump To Be Banned From Social Media Until After The Election
YouTube Screengrab (CNN)

Peter Greenberger, a former Twitter and Google executive, is calling for the social media accounts of President Donald Trump to be shutdown for the remainder of the election. For those of us who have criticized calls for censorship from Democratic leaders for years, the demand is yet another example of the slippery slope of censorship that awaits this country with increasing regulation of speech on social media. Continue reading ““Time To Mute The President”: Former Twitter and Google Executive Calls For Trump To Be Banned From Social Media Until After The Election” →

Columns, Congress, Free Speech

The Rise of The Corporate Censors: How America Is Drifting Toward The Chinese Model Of Media

Below is my column in The Hill newspaper on the censorship of the Hunter Biden controversy by Facebook and Twitter. The response of the Biden campaign and figures like Rep. Adam Schiff has been to dismiss the story as the likely product of Russian intelligence. Notably however they do not address the underlying emails. As many of us have written, there is ample reason to suspect foreign intelligence and the FBI is reportedly investigating that possibility. However, that does not mean that the emails are not authentic. Hillary Clinton was hacked by Russia but the emails were still real. It is possible to investigate both those responsible for the laptop’s disclosure and what has been disclosed on the laptop. The censorship by these companies however has magnified concerns in the controversy, particularly with the disclosure of close connections between some company officials and the Biden campaign. Continue reading “The Rise of The Corporate Censors: How America Is Drifting Toward The Chinese Model Of Media” →

Academia, Bizarre, Free Speech, Society, Supreme Court

A Tale of Two Amys And One Sorority: Kappa Delta Profusely Apologizes For Congratulating Judge Amy Coney Barrett

We have discussed the growing intolerance for opposing views of politics or the law on our campuses. The most recent example is small but highly illustrative. The sorority Kappa Delta has issued an abject apology. The reason is that the sorority committed the unforgivable sin of tweeting out a congratulations to Judge Amy Coney Barrett, a member of the sorority at Rhodes College, on her nomination to the Supreme Court. One should not have to agree with Barrett’s judicial philosophy to offer a simple attagirl to a sorority sister for her extraordinary accomplishment. However, other members protested that this simple act of civility was “hurtful” and traumatic to them as fellow members. The most notable however was feminist writer Amy Siskind who previously was attacked on Twitter for her own views opposing Black Lives Matter and supporting such political figures as John McCain and Sarah Palin.  It is a tale of two Amys and one is being shunned for defending her long-held views and one is being celebrated for dispensing with them.

Continue reading “A Tale of Two Amys And One Sorority: Kappa Delta Profusely Apologizes For Congratulating Judge Amy Coney Barrett” →

Congress, International, Politics

Schiff v. Ratcliffe: DNI Reports That Hunter Biden’s Laptop Is Not Believed To Be Part Of A Russian Disinformation Campaign

Recently, we discussed how House Intelligence Committee Chair Adam Schiff stated publicly that the recently disclosed laptop information from Hunter Biden was clearly part of a Russian intelligence operation. Schiff said that “we know that this whole smear on Joe Biden comes from the Kremlin.” This morning, John Ratcliffe, Director of National Intelligence, stated categorically that Hunter Biden’s laptop was not part of a Russian disinformation campaign.  What is most notable is that Ratcliffe has stated that Schiff and his Committee have not been given any intelligence to support Schiff’s conclusion.  The incident has raised lingering criticism of Schiff who previously told the public that he had clear evidence of collusion between the Trump campaign and Russia after that allegation was rejected in repeated investigations, including Special Counsel Robert Mueller. Schiff never produced the incriminating evidence and later it was shown that the widely cited Steele dossier was based on a source who was considered to be a Russian agent. Continue reading “Schiff v. Ratcliffe: DNI Reports That Hunter Biden’s Laptop Is Not Believed To Be Part Of A Russian Disinformation Campaign” →

Columns, Congress, Constitutional Law, Courts, Media, Politics, Supreme Court

Barrett Unmodified: Moments of Clarity Emerge From The Confirmation of Judge Amy Coney Barrett

Below is my column in the Wall Street Journal on nomination of Amy Coney Barrett. While the confirmation hearing often seemed weirdly disconnected to the nominee, there were important moments where the jurisprudential views of Judge Barrett were expressed with striking — and rare — clarity.

Here is the column: Continue reading “Barrett Unmodified: Moments of Clarity Emerge From The Confirmation of Judge Amy Coney Barrett” →

Bizarre, Criminal law

“My Swagger For EDD”: Rapper Charged After Boasting on YouTube About Defrauding The Government

We have previously discussed bizarre cases of self-incrimination from tattoos to rap lyrics.  A federal case out of California is based on another rap-song-to-rap-sheet scenario.  Fontrell Antonio Baines, 31, of Memphis, Tenn. (aka “Nuke Bizzle”) cut a music video posted on YouTube that bragged about getting rich from an unemployment scam. What is interesting is that, while he allegedly defrauded California Employment Development Department (EDD) and sang about his “my swagger for EDD,” he was actually charged in the federal system with fraudulently applying for more than $1.2 million in jobless benefits.

Continue reading ““My Swagger For EDD”: Rapper Charged After Boasting on YouTube About Defrauding The Government” →

Bizarre, Media, Politics

Chuck Todd: The Michigan Supreme Court Did Not “Cite Any Law” In Ruling Whitmer’s Actions Unconstitutional
Screenshot/Youtube

Chuck Todd interviewed Michigan Gov. Gretchen Whitmer this morning and turned to the recent decision of the Michigan Supreme Court that ruled that she had violated the Michigan Constitution in her extended pandemic orders. Todd did not challenge Whitmer stating falsely that the opinion was a “partisan” decision. It was not. The “Democrat justices” agreed that Whitmer violated the Constitution. They only disagreed on the remedy.  However, that untruth was quickly lost in what was a flagrantly untrue statement by Todd himself. He told NBC viewers that the justices did not cite any law to support their decision against Whitmer. Todd stated as fact that the Court did not “cite any Michigan law, they didn’t cite any law in deciding that you didn’t have this power.” The roughly 50 page opinion contains over 60 cases discussed in support of the decision. It does not seem to matter anymore at Meet The Press or NBC.  NBC is not alone. I previously noted how the Washington Post also has failed to correct openly false accounts of cases.  Not only is there no apparent inclination to be accurate but even less expectation to do so.

Continue reading “Chuck Todd: The Michigan Supreme Court Did Not “Cite Any Law” In Ruling Whitmer’s Actions Unconstitutional” →