Oklahoma Teens Charged With Terrorism For Breaking Windows During Protests

download-9We have previously discussed my reservations about the use of federal charges of arson and other crimes to prosecute individuals accused of rioting offenses in the recent protests. The concern was the federalization of local offenses.  Now, however, I have concerns about state charges out of Oklahoma.  Teenagers are facing terrorism charges after allegedly helping to break in the windows of an Oklahoma City bail bonds business in late May. I have long raised concerns about the broadening of terrorism laws and this is an example of why I still hold such concerns. As the Justice Department explores possible terrorism charges, the Oklahoma County District Attorney David Prater appears to be adopting an exceptionally broad interpretation of that crime. Among those charged was Malachai Davis, 18, who was shown breaking the window of the CJ Bail Bond building using what appeared to be brass knuckles.  That charge has a tragic irony because, according to his attorney, Davis’ father died in the terrorist attack on the World Trade Center in 2001.

Continue reading “Oklahoma Teens Charged With Terrorism For Breaking Windows During Protests”

Was This Michigan Teacher Fired After Tweeting Support For Trump and Reopening Schools?

download-3We recently discussed a Vermont principal who was told that she would have to retire after expressing her opinion of Black Lives Matter on her personal Facebook page. Now, a popular social studies teacher and baseball coach at Walled Lake Western High School in Michigan has been fired after tweeting his support for President Donald Trump and reopening the schools.  For free speech advocates, the firing of Justin Kucera, 28, raises concerns that he might be another teacher terminated for expressing unpopular views outside of the school.  The District denies that it fired Kucera over his support for Trump but that means that someone is lying: either Kucera or the District.  For his part, Kucera said that it was the tweets that were raised by the District, not some other ground for termination. Continue reading “Was This Michigan Teacher Fired After Tweeting Support For Trump and Reopening Schools?”

Starbucks Employee Criminally Charged For Spitting Into Coffee Of Police Officer

download-4Kevin Trejo, 21, of Westwood, New Jersey has been arrested for the disgusting alleged act of spitting into the coffee of a police officer at Starbucks.  What is interesting is the array of the charges fired against the now former barista.  In an interview on Fox, Park Ridge, New Jersey Lt. James Babcock  said that they confirmed that the act occurred and that they were told that Trejo had done it repeatedly with officers. Babcock said that Trejo claimed to have only done it once.

Continue reading “Starbucks Employee Criminally Charged For Spitting Into Coffee Of Police Officer”

Can President Trump Really Send In The Troops To Chicago And Other Cities?

donald_trump_president-elect_portrait_croppedWe have previously discussed how President Donald Trump has repeatedly asserted constitutional authority that he does not have in dealing with the pandemic.  The President routinely ignored the principles of federalism in such claims of control over states in their internal health and policing decisions. He is not alone.  Cities like Portland have demanded that federal officers leave the city and stop making arrested.  While there are legitimate questions raised about the conduct of federal officers in putting people into custody and the use of force in Portland, those concerns related to the use of federal powers, not the basis for those powers. The federal government has full authority to protect federal buildings and to carry out arrests for federal crimes in any city. Current reports coming out of the White House appear to refer to surging law enforcement personnel, not sending military personnel.  That would be constitutional if used for protect federal assets or enforce federal laws. That is the flip side of federalism.  But how about the recent claims that the President is about to take over policing from cities like Chicago? The answer is that such a federal deployment without a request from the governors would be unwise but would be legal.  However, there are practical and legal reasons why such any massive deployment is unlikely.

Continue reading “Can President Trump Really Send In The Troops To Chicago And Other Cities?”

Turley To Testify Before The Presidential Commission on Law Enforcement and the Administration of Justice

US-DeptOfJustice-Seal_svgToday, I will be testifying before Presidential Commission on Law Enforcement and the Administration of Justice on the legal and policy implications of biometric and facial recognition technology.  I have a forthcoming law review article on privacy in the age of biometrics. Much of my testimony will focus on that research.  The testimony is public and will be held at 2 pm (ET). This will be the final meeting of the Commission and, due to the pandemic, it will be handled telephonically rather than the planned culmination in Tampa, Florida.

Continue reading “Turley To Testify Before The Presidential Commission on Law Enforcement and the Administration of Justice”

Son of Federal Judge Killed And Husband Wounded In Attack At Home [Updated]

download-2In a murder that has shocked the nation, the son of federal judge Esther Salas was killed and her husband wounded in their home in North Brunswick, New Jersey.  Daniel Anderl, 20, was a student at Catholic University with hopes to go to law school.  His father is a criminal defense attorney. Such attacks on federal judges are thankfully rare and there is much speculation about high-profile cases that Judge Salas has handled or taken on recently, including a lawsuit related to Jeffrey Epstein and another past case involving “The Real Housewives of New Jersey” star Teresa Giudice. While the crime had the markings of premeditation and even professional elements, police are looking into a body found after the shooting as possibly linked. The apparent suicide in another town involved a lawyer who was being contacted reportedly about a connection to the gun recovered near the scene.

Continue reading “Son of Federal Judge Killed And Husband Wounded In Attack At Home [Updated]”

New Proposals Revive Debate Over “Reverse Discrimination”

Below is my column in the Hill on a variety of proposals that could rekindle the debate over “reverse discrimination” in the federal courts.  Many of the proposals seek to adopt exclusive racial classifications that will collide with existing precedent under both statutory and constitutional law.  If this movement is to result in lasting reforms, these threshold legal challenges should be considered.

Here is the column: Continue reading “New Proposals Revive Debate Over “Reverse Discrimination””

“This Man, If Nothing Else, Has Been Watered Down”: John Wick Reference Leads To Loss Of Cocaine

Roasted_coffee_beansSometimes flashes of wit or irony can be costly.  When a drug cartel in Medellín, Colombia decided to ship cocaine inside the shell of coffee beans, someone decided it would be funny to label the sender “Santino D’Antonio.”  Apparently, Italian police also like the John Wick series and recognized the name of the mafia boss from “John Wick: Chapter 2.”  The cost of the joke was the cocaine shipment and methinks there is a some avid movie lover in hot water with Medellín. To paraphrase the mafia character Santino D’Antonio, now “you have no [coke], no [beans], no [sale]. You have nothing. Vengeance is all you have left.”

Continue reading ““This Man, If Nothing Else, Has Been Watered Down”: John Wick Reference Leads To Loss Of Cocaine”

NBC’s Chuck Todd Repeatedly Airs Clip Previously Denounced As Misleading And Wrong

Chuck Todd
Screenshot/Youtube

We recently discussed the false tweet sent out by CNN’s White House reporter Jim Acosta that mocked White House press secretary Kayleigh McEnany for saying that “the science should not stand in the way of this.”  That quote was artificially clipped to leave the diametrically opposite impression from what actually said.  The clip suggests that McEnany was dismissing science when she was actually highlighting scientific work supporting the position of the White House.  While Acosta later sent out another tweet noting the real meaning and his colleague Jake Tapper corrected the false narrative on the air, Chuck Todd on Meet the Press decided to play the misleading clip not once but twice on Sunday. It was not just running an overtly misleading clip but defiantly doing so after other journalists have challenged the erroneous impression left by the clip.  The misleading quality of the clip clearly was not the problem but the appeal for Meet the Press.

Continue reading “NBC’s Chuck Todd Repeatedly Airs Clip Previously Denounced As Misleading And Wrong”

Criminal or Comical? Investigation Finds An Antifa Supporter Behind Hoaxes Triggering The Extreme Right

The_ScreamThe Washington Post recently made an interesting find when it sought the person responsible for recent extreme right actions like the appearance of heavily armed citizens at Gettysburg on Independence Day.  Two members of the House Intelligence Committee, Rep. Raja Krishnamoorthi, D-Ill., and Rep. Peter Welch, D-Vt., demanded that government investigate and identify who was behind the Gettysburg hoax and similar false claims in nine other cities this summer. While there has been evidence of extreme right groups fueling violence in the recent protest, the Post found instead Adam Rahuba, a part-time food-delivery driver and supporter of Sen. Bernie Sanders.  Rahuba said he supports the ant-fascist movement Antifa, a loosely organized group that I have criticized in the past for its anti-free speech agenda. Rahuba, 38, was trying to make chumps out of the far right but some have suggested possible criminal liability for the hoaxes.

Continue reading “Criminal or Comical? Investigation Finds An Antifa Supporter Behind Hoaxes Triggering The Extreme Right”

RES IPSA HITS 43,000,000

crowd vj dayLast night, we passed the 43,000,000 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 43,000,000”

A Tale of Two CNNs: Acosta and Tapper Capture the Worst and Best Moments For A Network Struggling With Objectivity

Continue reading “A Tale of Two CNNs: Acosta and Tapper Capture the Worst and Best Moments For A Network Struggling With Objectivity”

“Anti-American”? House Members Move To Condemn Rep. Omar In Resolution

440px-Ilhan_Omar,_official_portrait,_116th_CongressI have recently been highly critical of reports that Rep. Iihan Omar (D., Minn.) has given up to one million dollars in campaign funds to her own husband’s company, one of the long-standing loopholes for corruption in Washington.  Omar has been highly controversial for her positions and statements but this should be a matter that unifies people across the political spectrum. However, the attention of her colleagues has not been on closing this loophole but instead on lashing out at her recent call for the “dismantling the whole system of oppression” in the United States from its economic to political structures. A resolution, introduced by Rep. Andy Biggs (R., Ariz) would denounce Omar for having “a documented history of expressing anti-American sentiments.”  The resolution is a mistake that undermines both free speech and democratic values.  It should be withdrawn. Continue reading ““Anti-American”? House Members Move To Condemn Rep. Omar In Resolution”

Seattle City Council Member Suggests Firing White Officers In Massive Reduction Of Police Department

Lisa_Herbold_Portrait
Seattle City Council photo

The Seattle City Council is facing something of a dilemma in its popular pledge to cut the police budget by 50 percent. To do so would require firing a significant number of police officers, which is also popular. The problem is that the firing would be done by seniority and many of the less senior officers are black.  The solution according to City Council member Lisa Herbold is simple: fire officers based on their race.  While that would be the definition of racial discrimination, Herbold clearly believes that it is discrimination for a good cause. The federal courts are likely to disagree.  Most notably, Herbold’s call for racial discrimination against white officers would seek to undue the work of Justice Thurgood Marshall who insisted that racial discrimination unlawful and evil regardless of the race you want to disenfranchise or discriminate against.

Continue reading “Seattle City Council Member Suggests Firing White Officers In Massive Reduction Of Police Department”

Res ipsa loquitur – The thing itself speaks