“Don’t Let Them Vaccinate You”: Farrakhan Warns Africans That Dr. Fauci Is Trying To Kill Them

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It is bad enough when you become a political rally cry for the right as a man trying to destroy our economy or instill fear into the nation.  Now, Dr. Anthony Fauci is being called a mass murderer who, with the cabal of Bill and Melinda Gates, are seeking to “depopulate the Earth.” That is hardly the most deranged thing that Nation of Islam leader Louis Farrakhan, 87, has uttered, but it may be the most dangerous. Farrakhan is encouraging people to refuse vaccinations, a problem that is already causing world health leaders concerns in Africa.  This is viewed as the new “epicenter” for the pandemic with Africans facing a threat with the need to protect hundreds of millions of Africans.  Health officials will need their cooperation but they have now heard from Farrakhan who has declared that, if they want to live, “Do not take their medication.”

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Driver Using “Autopilot” Technology Criminally Charged After Collision

By Darren Smith, Weekend Contributor

A driver reportedly relying on the “Autopilot” function of a vehicle was cited for driving with criminal negligence after his passenger car struck a legally standing police patrol car. Though anecdotal, I believe this incident demonstrates what I believe to be a legal fatal flaw in the foundational concept for vehicles equipped with autonomous navigation and driving technology–that they can cause either the “driver” or vehicle owner into criminal liability for essentially the passive act of allowing the car control over the journey.

Ars Technica reported this most recent collision where a Massachusetts driver was cited for driving with criminal negligence after his autonomously operating vehicle crashed into the rear end of a patrol car on a traffic stop. Though the officer was outside his SUV at the time of the collision, he suffered minor injuries when his patrol car was pushed forward into the stopped vehicle. State Troopers said the driver of the colliding vehicle was “not paying attention”. The mechanics of the collision showed the officer was lucky to have escaped death.

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HAPPY FOURTH OF JULY!

2560px-Declaration_of_Independence_(1819),_by_John_TrumbullThe Fourth is one of my favorite holidays as a time when citizens should put aside our differences and focus on the freedoms that unite us.  After weeks of protests and calls for reform, there is much that must be done to heal this country.  However, the American Republic was always meant to be a work in progress.  We have the ability to change our society but our constitutional system remains the greatest vehicle of justice and equality in the world.  This holiday unfortunately shows how our differences threaten to overwhelm our common article of faith in this representative democracy. There is more than unites us than divides us and this holiday is a reminder of that transcendent fact. Many of us will join today to celebrate these United States and its history and values.  My family will celebrate with a cookout and, of course, lots and lots of fireworks. Continue reading “HAPPY FOURTH OF JULY!”

“The Movement Is Winning”: Alleged Ringleader In Statue Attacks Claims Victory In Public Comments

download-5We have been discussing the case of Jason Charter, the George Washington University student who is alleged by the government to be the “ringleader” of the attack on the statue of Andrew Jackson near the White House. He is also accused of participating in the destruction of the statue of Confederate leader Albert Pike in Washington on June 19th.  This case raises some difficult questions over the admissibility of his political views. However, he may be making that issue easier (and harming his case) with continued comments on an unverified Tweeter account where he continues to support Antifa and claim victory.  The public comments raise the possibility of an effort to trigger a politically-infused case like the “Chicago Eight” prosecution after the 1968 Democratic National Convention.  These comments have greater value in rallying supporters than building a defense.

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Elderly Florida Man Charged With Committing Aggravated Battery On Elderly Man To Maintain Social Distancing

images-1There is a truly bizarre criminal case out of South Beach in Miami.  Nachem Gross, 72, is charged with aggravated battery for an attack on Gerald Steiglitz, 86, in an elevator.  Putting aside the fact that both are elderly, the battery was an effort of Gross to maintain social distancing to avoid Covid-19.  The incident was caught on video. The world has gone completely mad.

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“I’ma Stab You”: Connecticut Woman Fired Over Pro-Black Lives Matter TikTok Video

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We have been discussing the free speech issues raised by efforts to terminate professors who criticize the Black Live Matter Movement or aspects of the protests following the killing of George Floyd.  However, there is another such controversy with the inverse fact pattern.  Claira Janover has been fired as an “incoming government and public business service analyst” at Deloitte after posting a video that suggested that she would stab people who said “all lives matter.”  Yesterday, we discussed a dean at the University of Massachusetts who says that she was fired for using such a line in an email. Ironically, Janover shows the same intolerance for anyone with an opposing view, but the case still raises some of the same free speech issues that we have previously discussed, including the punishment of individuals for their social media postings.

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GWU Student Accused Of Leading Attack On Jackson Statue [Updated]

Federal prosecutors have charged Jason Charter who is believed to be the alleged ringleader involved in vandalizing the statue of former President Andrew JacksonWe recently discussed the release of photos of suspects by the FBI of individuals connected to the attack on the statue of Andrew Jackson outside of the White House. One of those arrested is Jason Charter who is described as the “ringleader.”  He is also a George Washington University student and a professed supporter of Antifa.  Charter is likely to be a priority prosecution for the Administration. However, his criminal case could raise some challenging issues on admissibility of evidence of his affiliations and political views.

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Epstein Confidante Maxwell Arrested In New Hampshire [Updated]

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Epstein and Maxwell (SDNY)

In a surprising move, Ghislaine Maxwell, the British heiress and confidante to the late financier Jeffrey Epstein, has been arrested in New Hampshire. Maxwell’s arrest  could have a ripple effect on both criminal and civil matters ranging from the still uncertain status of Prince Andrew to a number of defamation lawsuits.  One of Maxwell’s principal accuser was Virginia Roberts Giuffre who has filed lawsuits against Maxwell as well as figures like Harvard Professor Alan Dershowitz.  It appears that the charges derive from the U.S. Attorney for the Southern District of New York, another indication that the recent controversy of the replacement of the U.S. Attorney has not impacted underlying investigations.

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University of Massachusetts Nursing Dean Fired After Saying “Everyone’s Life Matters” [Updated]

downloadWe have been discussing the growing fear of professors and students over the loss of free speech on campuses for years, but recently those concerns have been greatly magnified with the investigation or termination of professors for expressing opposing views about police abuse, Black Lives Matter movement or aspects of the protests following the killing of George Floyd.  There is a sense of a new orthodoxy that does not allow for dissenting voices as campaigns are launched to fire faculty who are denounced as insensitive or even racist for such criticism.  The most recent controversy involves the recently installed University of Massachusetts-Lowell Dean of Nursing Leslie Neal-Boylan. Dr. Neal-Boylan had only been in her position for a few months when she was fired.  The reason, according to many reports, is that she sent an email on June 2 to the Solomont School of Nursing on the recent anti-racism demonstrations across the country that include the words “everyone’s life matters.” As a blog dedicated to free speech, it has been difficult to keep up with the rising number of cases of the curtailment of speech or academic freedom on our campuses.  What is equally alarming is the relative silence of most faculty members as individual professors are publicly denounced by their universities, forced into retirement, or outright terminated for expressing dissenting views.  This case however raises an equally serious concern over the loss of due process for academics who find themselves the focus of a campaign for removal — or simply summary dismissal.

I reached out to the University and updated the column with the response, which does not clarify most of these questions but suggests that the Dean may have been terminated for other reasons.  I have also reached out to Dr. Neal-Boylan for a response on both the cause and merits for her termination.

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Federal Court Rules Against Trump Administration On The “Third-Country Asylum” Rule

us district court logoIn Washington, U.S. District Judge Timothy J. Kelly has ruled against the Trump Administration in its important “third-country asylum rule”  — prohibiting undocumented immigrants from claiming asylum in the United States if they did not first try to claim it in a country they passed through on their way to the U.S. border.  The ruling is yet another example of how basic failures to follow procedure or submit supporting evidence has hampered the rollout of major policy initiatives.  Kelly was not questioning the underlying deference to the Administration or the ultimate merits. Rather as in the recent loss before the Supreme Court under DACA (or the Deferred Action for Childhood Arrivals program), the court found that the government had failed to satisfy the minimal requirements of the Administrative Procedure Act, or APA. Since the start of the Administration, there has been a lack of attention to detail and basic procedure that has resulted in a series of technical violations.  It has incurred losses that were not only avoidable but easily avoidable with adherence to the governing case law on the APA.

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Stepmother Of Ex-Atlanta Police Officer Garrett Rolfe Raises Defamation Allegation Over Her Termination

30245586-8476955-image-a-1_1593559010600In a Fox interview last night, the stepmother of ex-Atlanta police officer Garrett Rolfe raised what clearly sounds like a claim of defamation against her former employer Equity Prime Mortgage in Atlanta.  Melissa Rolfe says that she was fired after her step son was charged with the murder of Rayshard Brooks.  Her firing has been in the news, but the legal standing of Rolfe seemed questionable to challenge the termination. She appears to be an “at will” employee who can ordinarily be fired, as it is often said, for “good reason, bad reason, or no reason at all” (absent the violation of a statutory or constitutional protection).  However, it appears that she may be contemplating a lawsuit based not on the termination by Equity Prime Mortgage but how the company explained the termination after it was criticized for allegedly firing Rolfe simply because of her son.  That could present an interesting defamation action and a cautionary tale for companies in dealing with such high-profile matters.

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“A Single-Handed Symbol Of White Supremacy”: Wisconsin Students Demand Removal Of Statue Of Abraham Lincoln

images220px-Abraham_LincolnWe have been discussing the wanton destruction of public memorial and statues across the country, including baffling attacks on abolitionists and those who fought against slavery.  One of the most incongruous targets has been Abraham Lincoln in various cities.  Now, students at the University of Wisconsin, including the Black Student Union and the Student Inclusion Coalition, have demanded the removal of Lincoln’s statue as ‘a single-handed symbol of white supremacy.” The signer of the Emancipation Proclamation, the vocal advocate for the 13th Amendment, and the man assassinated for his war against the South and slavery.  Saying that Lincoln is the “symbol of white supremacy” has about as much foundation as saying Harvey Milk is the symbol of militant heterosexuality.  Both were great leaders who were killed at the height of campaigns for equality.  As I discuss below, there are aspects of Lincoln’s legacy that are worthy of condemnation but even John Wilkes Booth would dispute the claim of Lincoln as the embodiment of white supremacy.

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Yes, The St. Louis Couple Could Be Criminally Charged But It Would Be No Slam Dunk Prosecution

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Two lawyers in St. Louis are in the middle of a firestorm after they were shown outside of their house with guns in a confrontation with protesters en route to the nearby house of Mayor Lyda Krewson. Mark and Patricia McCloskey are shown aiming their weapons at the protestors, including Mark McCloskey’s assault-style rifle.  St. Louis Circuit Attorney Kim Gardner has publicly declared that she is looking for criminal charges to bring against the two lawyers.  That has led to many in the criminal defense field (including many who reached out to me) to speculate on what charges she might bring under these facts.  While many have suggested that this would be a slam dunk prosecution or that the fact easily satisfy criminal definitions, it may be easier to get a charge than a sustainable conviction.

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Twitter Remorse: Deleted Tweets Trigger Backlash At The DNC, Washington Post, CNN, and The White House [Updated]

Continue reading “Twitter Remorse: Deleted Tweets Trigger Backlash At The DNC, Washington Post, CNN, and The White House [Updated]”