CNN Criticized For “Fiery But Mostly Peaceful” Reporting On Violent Protests

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Yesterday, we discussed the personal attacks against speakers at the Republican National Convention by CNN analysts, including a false attack on former U.N. Ambassador Nikki Haley. The concern is the increasingly personal attacks against anyone who seems to counter a narrative in the media. That adherence of a story line was evident in a much ridiculed graphic from last night where CNN national correspondent’s Omar Jimenez was reporting live from Kenosha, Wis. with a raging fire in the background over a chyron reading, “FIERY BUT MOSTLY PEACEFUL PROTESTS AFTER POLICE SHOOTING.”  Not to get “all mavericky,” but claiming these protests are  “fiery [but] peaceful” seems a tad oxymoronic.

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Do The New George Floyd Documents Constitute A Defense For The Accused Former Officers?

downloadNew documents in the George Floyd investigation have been released and it is likely that they will be key to the criminal defense of the accused officers in that case. The documents contain accounts of extremely high levels of fentanyl in Floyd’s blood that could have contributed to his death. The documents are likely to feature significantly in the criminal defense of former officers Tou Thao, Derek Chauvin, J Alexander Kueng and Thomas Lane.  While admissibility can be challenged, they reflect findings that will be raised at trial on the impact of these drugs in Floyd’s system. However, the documents in my view do not conclusively establish that the drug use was the cause of the death. Indeed, some reaffirm the view of prosecutors.  I do not believe that these documents should not be treated as determinative evidence by the court in pre-trial motions. In other words, this should go to a jury.

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”Nobody Outside of the Beltway Really Cares”: The Trump Administration Faces New Allegations Of Hatch Act Violations [Updated]

donald_trump_president-elect_portrait_croppedPresident Donald Trump has always demonstrated an almost mocking disregard for the Hatch Act, the 1939 law barring officials from using their official powers or positions to engage in partisan political activities. It is a core protection of good government but it has been primarily honored in its breach in this Administration, including violations by top White House staff that were barely acknowledged, let along addressed, by the President. The White House now faces a series of alleged violations over events and speeches used at the Republican National Convention. Mark Meadows, President Trump’s chief of staff responded that, while no one should violate federal law, ”Nobody outside of the Beltway really cares.” No statement better captures the culture at the White House in erasing the line of separation between official and political work by executive branch officials.

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Could Jerry Falwell Receive $10.5 Million In Severance From Liberty University After Scandal?

download-2We recently discussed the scandals surrounding Jerry Falwell Jr. from his use of a personal yacht of a Nascar mogul to the sordid allegations stemming from an affair by his wife, Becki. After resigning from his position at Liberty University, Falwell quoted Martin Luther King: “The quote that keeps going through my mind this morning is Martin Luther King Jr: ‘Free at last, free at last, thank God almighty I’m free at last.'” It may be a moment of freedom for Falwell but it will hardly be free for Liberty University which promised “full compensation” that could reportedly reach $10.5 million. Continue reading “Could Jerry Falwell Receive $10.5 Million In Severance From Liberty University After Scandal?”

CNN Analysts Unleash Personal Attacks On RNC Speakers In Twitter Storm

This-is-cnn-We have previously discussed the case of former Covington Catholic High School student Nick Sandmann who was repeatedly and falsely called a racist in an encounter with a Native American activist in front of the Lincoln Memorial. Various media organizations have apologized or settled cases with Sandmann for their unfair coverage, including CNN. However, when Sandmann spoke at the Republic National Convention, CNN’s political analyst Joe Lockhart again attacked him personally after he criticized how the media got the story wrong.  CNN’s Jeff Yang also attacked the teenager and even suggested that his speech proved that he was not innocent. Fellow CNN analyst Asha Rangappa attacked former United Nations Ambassador Nikki Haley as yielding to a racist America for not using what Rangappa suggested was her real name as opposed to “Nikki.” It turns out that Nikki is her lawful middle name and the Hill’s Saagar Enjeti noted it is “a Punjabi name.” That however is an appeal to reason not rage which seems to have little place in our national discourse or media coverage.

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Texas A&M Professor Under Investigation For Anti-Trump and Anti-Republican Postings

download-1Texas A&M anthropology professor Filipe Castro has triggered a firestorm of controversy after postings calling President Donald Trump a “fat klansman” and saying that is a “good thing” that Rep. Louie Gohmert (R-Texas) contracted Covit-19. The Texas A&M Board of Regents issued a statement condemning the statements which is fine.  However, there is also an investigation that raises free speech concerns over a faculty member being able to express political views — even highly offensive views — outside of his teaching responsibilities or role.

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The Falwell Fiasco and the Curious Absence of a Defamation Lawsuit

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The media coverage of the scandal involving Liberty University President Jerry Falwell Jr. has been overwhelming.  That is to be expected. An evangelical figure leaves his post at a religious university after a photo with his pants unzipped on a yacht owned by a Nascar mogul who received lucrative deals with the university. Then came the allegations of Giancarlo Granda that he had a long time sexual relationship with Falwell’s wife Becki and Rev. Falwell liked to watch the sexual trysts. Falwell has alleged that Granda was extorting money.  Michael Cohen, the thuggish former counsel for President Donald Trump, is even involved. In this tsunami of coverage, the interesting element is the one that is missing: no one has threatened a defamation action. Such a lawsuit could raise some interesting issues under the common law. Continue reading “The Falwell Fiasco and the Curious Absence of a Defamation Lawsuit”

Pelosi Accuses Trump and Colleagues Of Defining Domestic Enemies

220px-nancy_pelosiI have previously condemned both sides in our raging politics for labeling their opponents as “traitors,” “terrorists,” and “enemies.”  That overheated rhetoric is continuing this week with Speaker Nancy Pelosi calling not just President Trump but her own congressional colleagues “enemies of the state.” I have been highly critical of President Trump in his use of such language. I also have long been critical of Pelosi’s conduct as Speaker, including her ripping up the State of the Union. This attack is particularly egregious from a sitting Speaker who represents the body as a whole. If we cannot agree on condemning even this language, we have lost any sense of decorum or decency in our public debate.

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Oregon Professor Arrested in Portland Riot

downloadAmong those arrested this week in Portland is an Oregon professor, OHSU Assistant Professor Daniel Liefwalker. Liefwalker was arrested around 3 a.m. for trespassing, a class C misdemeanor, according the Multnomah County Sheriff’s Department’s website.  We have discussed how universities should respond to faculty engaged in criminal conduct.  I have advocated, including in recent Senate testimony, that faculty members who engage in violence on campus should be fired. I do not believe such a response would be appropriate based on these facts. Continue reading “Oregon Professor Arrested in Portland Riot”

Bakker Calls For Donations In Fighting The Government Over Alleged Covit-19 Fraud . . . Government Awards Bakker Pandemic Relief

Jim_Baker_-_PTL_Broadcast_(1986)We have been following the dubious work of Rev. Jim Bakker after his release from prison, including pitching “cures” for the corona virus. There is now an interesting twist.  While Bakker is being pursued by the government for possible fraud for selling fake cures for Covit-19, the government just gave him a loan to help him continue his work during the Covit-19 pandemic. Ironically, Bakker begged supporters for money to help him fight off the government. The government appears to have responded.

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Biden Should Reject The Harris-Yates Model of Justice

440px-Kamala_Harris_Official_Attorney_General_Photosally_q-_yatesBelow is my column in the Hill newspaper on what stood out in the Democratic National Convention in terms of the future for the Justice Department under a possible Biden Administration. I have been highly critical of President Donald Trump’s treatment of the Justice Department and his disregarding of the principles of separation of the White House from ongoing investigations. Critics however often seem to embrace the seem disregard for core, defining principles of legal process. Highlighting the message of Sally Yates and Kamala Harris on justice issues is discomforting for those of us who want to see the Justice Department’s independence and objectivity respected and reinforced.

Here is the column:

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Prominent Indian Lawyer Accuses Supreme Court Of Destroying Democracies . . . Supreme Court Threatens Imprisonment

downloadWe have previously discussed courts in the United States seeking to punish lawyers for making critical comments about judges or legal commissions on social media. We have also followed such actions taken against lawyers in other countries like Saudi Arabia. As will come as no surprise on a blog emphasizing free speech, I have long been critical of such actions.  However, India is facing a far more serious controversy after the Supreme Court demanded an apology from one of India’s most prominent lawyers for, among other things, blaming the Supreme Court for its role in undermining democracy in India. The justices proceeded to make his point by threatening him with jail unless he offered an unconditional and public apology. Continue reading “Prominent Indian Lawyer Accuses Supreme Court Of Destroying Democracies . . . Supreme Court Threatens Imprisonment”

Two Women Arrested In Delaware After Attacking Family and Stealing 7-Year-Old Boy’s MAGA Hat

amy-winslowWe have previously discussed rising cases of politically motivated violence, including attacks on people wearing MAGA hats. In Delaware, two women reached a particular low point by stealing the hat of a 7-year-old and then screaming profanities, ripping up signs, and one assaulting an individual in a parking lot near the Democratic National Convention on Thursday. The Delaware police hit Olivia Winslow, 21, and Camryn Amy, 21, with an array of well-earned charges, though one charge remains unclear in terms of the relevant conduct. What is remarkable about the videotape is the sense of utter entitlement to attack those with opposing views.

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Mary Trump Releases Recording Of Trump Sister As Source For SAT Allegation

Utah Legislator Under Investigation For Allegedly Paying For Paint Used In Protest

D4-Derek-KitchenThere is an interesting controversy in Salt Lake City this week where police are investigating whether Sen. Derek Kitchen (D., Salt Lake) contributed money to buy paint to use to vandalize the street in front of the Salt Lake County District Attorney’s Office . I have serious reservations on free speech and free association grounds over this type of investigation. It creates a type of “material support” crime for protests involving vandalism or property destruction that could deter many from supporting the demonstrations across the political spectrum.

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