Academia, Media, Politics, Torts

Mary Trump Releases Recording Of Trump Sister As Source For SAT Allegation
Bizarre, Criminal law, Free Speech

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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Lawyering, Politics, Society, Uncategorized

Court Orders President Trump To Pay Stormy Daniels’ Attorneys Fees

donald_trump_president-elect_portrait_croppedThere is an interesting ruling in the ongoing saga over Stormy Daniels and the Trump Non-Disclosure Agreement (NDA). A California court ordered President Donald Trump to pay $44,100 to Stephanie Clifford, aka Stormy Daniels, to cover her legal fees regarding her nondisclosure agreement.   The amount is trivial but the symbolism could not be greater. The decision is based on the view that not only was Daniels the prevailing party in the dispute but that President Trump cannot claim that he was a non-party to the NDA or by extension the controversy. Continue reading “Court Orders President Trump To Pay Stormy Daniels’ Attorneys Fees” →

Bizarre, Uncategorized

This Is Microsoft: Typo Produces Mountain-High Obelisk In Australia

On the lighter side, I had to share a story that brought back fond memories of “This is Spinal Tap” and the famous Stonehenge scene.  Microsoft Flight Simulator players have been noting a giant mountain-high obelisk is now present in Australia.  The unique structure was the result of an edit by University student Nathan Wright who meant to type in 2 for the floors of a structure but ended up specifying 212 stories, making the tallest Obelisk ever built and an engineering marvel.

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Politics, Society, Uncategorized

$26,578,000,000,000: U.S. Debt Passes Redline at 106 Percent Of GDP

ist2_141437_arrow_graph_down_rev_mediumPoliticians are continuing to promise trillions of dollars in free education, housing subsidies, universal health care and other programs. Recently, BET founder Robert Johnson called for $14 trillion in reparations alone. Kamala Harris has a $10 trillion climate plan. On the Republican side, President Trump has shown little restraint in spending throughout his term while cutting revenue (and borrowing at a record rate).  It is not surprising therefore that, last month, the United States passed the long-discussed red line for economists.  Our debt is now greater than than our gross domestic product.  In June, we passed $25.5 trillion in debt and this figure may be overly conservative. It is now roughly $27 trillion. Yet, neither party seems a bit concerned as this political ship of fools floats toward a collision with economic reality.

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Bizarre, Criminal law

Three Florida Men Allegedly Commit A Series Of Burglaries While Wearing Ankle Monitors

CT3K243MK5AYXCKQFNVY7GXJ6Q We have previously discussed crimes that are just dumbfoundingly dumb like the thieves who stole a hundred tracking devices. However, Zion Odain Denvor Hall, 21, Tyrek Davontae Williams, 19, and Tremaine Raekwon Hill, 18, did that guy three times better. They all allegedly wore ankle monitors during a series of burglaries. They did have competition this week as the most criminally inept felons in Florida. A man first stole lottery tickets from a convenience store and then returned to cash in a couple winning cards.

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Uncategorized

Res Ipsa Hits 44,000,000

crowd vj dayLast night, we passed the 44,000,000 mark in views on the blog. The blog continues to grow at a record and accelerating pace. The continued growth is due primarily to our loyal readers who return every day to discuss contemporary legal, political, and occasionally bizarre stories. We have used these moments to give thanks for our many regular readers around the world and give you an idea of the current profile of readers on the blog. We continue to rank with the top legal blogs in the world  and I am particularly proud of our growing international readership. As always, I want to offer special thanks for Darren Smith who has continued to help manage the blog and help out folks who encounter posting problems. Continue reading “Res Ipsa Hits 44,000,000” →

Criminal law, Politics, Uncategorized

“We Build The Wall”: Bannon Charged With Federal Charges Over Online Fundraising Campaign

1600px-Donald_Trump_signs_orders_to_green-light_the_Keystone_XL_and_Dakota_Access_pipelines

Steve Bannon, a former adviser to President Trump, was arrested today with three other suspects after the Justice Department charged fraud connected to an online fundraising campaign worth hundreds of thousands of dollars. The campaign, “We Build the Wall,” was said to have raised over $25 million. It is worth noting that the Justice Department has continued to investigate or prosecute various Trump supporters under Attorney General Bill Barr despite calls by Democratic members and commentators to impeach him.

 

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Criminal law, Uncategorized

Main Suspect In Brutal Attack At BLM Protest Seeks Donations While Evading Police

download-1When I testified on the violence in current protests in cities like Portland, most of the Democratic senators insisted that violence in Portland was due to the arrival of federal officers to protect the federal courthouse and that the violence subsided after the federal officers were withdrawn.  As other witnesses pointed out, the violence had been raging for weeks and a riot was declared by the Portland police the very night before.  The violence has indeed continued though the coverage has been light, including the arson at a county government building yesterday. One of the most shocking incidents involve the attack at a Black Lives Matter demonstration of a man who was beaten after people filmed and mocked him. Police say one of the chief attackers was Marquise Love, 25, and he is someone already familiar to police. In an interesting twist, Love is now reportedly raising funds while on the run from police.

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Uncategorized

Trump Board Rejects 13 of 14 Proposals For Fetal Tissue Research

downloadDuring the Bush Administration I wrote in opposition to the ban of federally supported research using fetal tissue stem cells. At the time, my father was dying for Parkinson’s — just one of millions of people who were suffering from conditions and diseases that could be cured or relieved with the help of such research. Now, The Human Fetal Tissue Research Ethics Advisory Board, appointed by Health and Human Services (HHS) Secretary Alex Azar, has blocked virtually every application for fetal tissue research to the HHS on ethical grounds. The result is the same. It is an effective ban disguised as an ethics review and the result is the lost of vital time and research for millions who are suffering in this country. It also places a political chokehold on academic work that will put our country at a disadvantage with virtually every other country pursuing new cures and treatments based on fetal tissue research. Continue reading “Trump Board Rejects 13 of 14 Proposals For Fetal Tissue Research” →

Free Speech, Politics, Society, Uncategorized

Rubber Hits The Road: Goodyear Under Fire For Listing Of Unacceptable Symbols

932px-Goodyear_Cord_Tire,_1920Goodyear Tire company is under fire this week for a listing of acceptable and unacceptable symbols or attire in the workplace.  President Trump has railed against the inclusion of MAGA hats as “unacceptable” and called for a boycott.  I do not agree.  I think it is appropriate to ban political endorsements or symbols in a business but there is a legitimate concern over what is deemed “acceptable.” The touchstone of free speech protections is content neutrality and Goodyear appears to be enforcing a viewpoint preference. The question is whether, as a private business, it has an obligation to be neutral. Continue reading “Rubber Hits The Road: Goodyear Under Fire For Listing Of Unacceptable Symbols” →

Congress, Criminal law, Politics, Society, Uncategorized

Senate Intelligence Report Is Long On Pages And Short On Intelligence

senate_large_sealWhere Shakespeare is credited in writing “Much To Do About Nothing,” the Senate may have achieved credit for writing “nothing about much.”  It is remarkable about how comparably little can be said in 1000 pages. The Senate Intelligence Committee released report yesterday on its own Russian investigation. I have been plowing through the report but what was most striking thus far is how little really new material the Senate was able to uncover. Indeed, it notes that it did not even look into the basis for the claims of the Steele dossier, which was used and widely cited for the early allegations of collusion. One of the few notable points is that the Report states that Donald Trump’s 2016 presidential campaign chairman Paul Manafort worked closely with a known Russian intelligence officer and that he “represented a grave counterintelligence threat” due to that relationship with Konstantin Kilimnik.  Yet, the Report is largely descriptive of known allegations with few concrete conclusions or original disclosures.  It confirms and adds details on Russian interference with the election, but it does not materially add new information on key areas where some of us hoped the Committee could gain greater access.

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Academia, Free Speech, Society, Uncategorized

“Giant Warning”: Iowa State Professor Attempts To Ban Students Who Question Black Lives Matter, Abortion, Or Other Forms Of “Othering”

download-1Iowa State University is embroiled in a controversy this week that involves two of the favorite subjects of this blog academic freedom and freedom of speech.  At the center of the controversy is ISU English Professor Chloe Clark who issued a syllabus for her English 250 class that banned students from expressing opposing to Black Lives Matter, abortion, same sex marriage or other causes or groups. She warns students that they will be dismissed and “I take this seriously.” Iowa State has intervened after an outcry and forced Clark to remove the language.

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Academia, Criminal law, Justice

Justice Delayed or Justice Denied? A Response To Andrew Weissmann And Ryan Goodman

US-DeptOfJustice-Seal_svgRecently, I posted a criticism of Andrew Weissmann, one of the top prosecutors with Special Counsel Robert Mueller, who ran a column with Professor Ryan Goodman encouraging Justice Department attorneys not to assist U.S. Attorney John Durham in his ongoing investigation (at least before the election) and dismissing the basis for the plea agreement reached with former FBI lawyer Kevin Clinesmith.  Goodman argues that I was unfair to him and Weissmann in my posting and I wanted to respond.  I did include a longer quote from the column to be sure that their point was better understood in context in an updated posting. However, in my view, the defense of this column only highlights the inherent bias that the original posting sought to address. Rather than append this long discussion at the end of the original column, I felt it deserved its own posting and consideration by readers. The discussion below is a response not just to Goodman’s tweets but their column.

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Academia, Constitutional Law, Free Speech, Politics, Society

“This War Can’t Be Civil”: Berkeley Columnist Calls For “Violent Resistance”
Seal_of_University_of_California,_Berkeley.svgI testified in the Senate about the erosion of free speech and rise of violence on our campuses and in our streets. Antifa and related groups have succeeded in advancing anti-free-speech agendas as students and faculty justify attacks on those with opposing views. An example of the growing intolerance can be found in an editorial at the Daily California by staff writer Khaled Alqahtani. The August 12th column calls for violent resistance and denounced notions of civility in the public debate over racial and economic justice.
Res ipsa loquitur – The thing itself speaks