The Case Against Bill Barr: A Response To Professor Turley From Ralph Nader, Lou Fisher, and Bruce Fein

440px-William_BarrI recently received a letter contesting my statements concerning Attorney General Bill Barr in columns (here and here and here and here) and congressional testimony (here and here).  The letter is from Ralph Nader, Lou Fisher, and Bruce Fein. I have known all three signatories for many years and I have the utmost respect for them.  They offer detailed and thoughtful disagreements with my past statements and the record of Attorney General Bill Barr. I asked them if they would allow me to share their arguments with the blog and they have agreed to do so.  As with the prior posting of Professor Morrison, I strongly encourage you to consider the analysis from three of the most influential minds in Washington.

These are figures who require little introduction.  They are well known throughout the world for their contributions to the law and public policy.  Ralph Nader is as legendary figure who has fought his entire life for consumer protection, environmental protection and good government. He has run for president repeatedly (indeed I voted for him) and is widely viewed as one of the most influential figures in the world on public policy.  Lou Fisher spent four decades at the Congressional Research Service and is widely regarded as one of the most influential figures in the shaping of congressional legislation and policies.  He is widely regarded as one of the foremost experts on constitutional and congressional issues.  Bruce Fein was a high ranking Justice Department figure in the Reagan Administration and has been one of the most influential conservative voices in print and television for decades. He is known for his independent and principled analysis of legal and constitutional issues.

As I stated in Attorney General Barr’s confirmation, he comes to this position with long-established and robust views of executive privilege and powers.  While I have long disagreed with him on many of these issues, I view many of the current controversies to reflect policy and interpretative differences, not ethical or criminal or impeachable misconduct.  I do not agree with presumptions made about his improper motivations or designs in carrying out his duties, for a second time, as Attorney General of the United States. Despite my many friends on the other side, my view has not changed. Nevertheless, people of good-faith can disagree and that is precisely what is offered by Messrs. Nader, Fisher, and Fein (sounds like a great law firm!)

Here is their letter for your consideration:

Continue reading “The Case Against Bill Barr: A Response To Professor Turley From Ralph Nader, Lou Fisher, and Bruce Fein”

Sen. Hawley Calls For Federal Civil Rights Probe Over McCloskey Investigation

downloadUS-DeptOfJustice-Seal_svgMissouri GOP Sen. Josh Hawley has called upon Attorney General Bill Barr to launch a federal civil rights investigation of the St. Louis couple who wielded guns outside of their house during a protest in their gated community.  I have previously written about the possible charges against Mark and Patricia McCloskey and expressed my skepticism over the apparent effort of St. Louis Circuit Attorney Kim Gardner to find a criminal charge.  However, Attorney General Barr should decline this request from Sen. Hawley.  There is no civil rights violation in this investigation.  Indeed, while I thought the charges could be defeated in trial or on appeal, I previously wrote that the vague criminal provisions could be used to bring a charge.  The issue turns on how the guns were used.  While I find the criminal provisions to be vague and the application in this case to be unwarranted, it is not a civil rights violation to advance such an interpretation of the law.

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Joy Reid Loses To La Liberte: MSNBC Host Creates New Precedent Binding Media

MSNBC’s Joy Reid has two notable developments this week. She was named as the new nightly anchor to replace Chris Matthews and was lost a major appeal in a defamation lawsuit tied to her prior position.  Reid has a history of controversial statement including her insistence that her posts on her blog with homophobic comments were fabricated by hackers.  She later apologized for the postings that she claimed that she made. She acknowledged “I can definitely understand, based on things I have tweeted and have written in the past, why some people don’t believe me.”  She was sued in one of the most notorious postings on social media by Roslyn La Liberte, a Trump supporter, who was trashed by Reid for comments that she never made and an account that proved to be untrue.  Reid relied on California’s Anti-Slapp statute and immunity arguments to try to force La Liberte out of court, even though she again later apologized. Now the United States Court of Appeals for the Second Circuit has handed down a major ruling against Reid that could undermine future defenses by media figures. Continue reading “Joy Reid Loses To La Liberte: MSNBC Host Creates New Precedent Binding Media”

Leading Curator Resigns After Being Denounced As A “White Supremacist” For Refusing To Bar Acquisitions By White Artists

{{PD-US}}We have been discussing the campaigns to remove faculty who voice dissenting views on the current protests or underlying issues.  The art world has now been swept into this disturbing trend where critics label any opposing views as racist and demand the removal of anyone who questions their demands.  That was the case with Gary Garrels the long-standing senior curator of painting and sculpture at the San Francisco Museum of Modern Art (SFMOMA). He resigned after museum employees circulated a petition that accused him of racism because he simply stated that, while seeking to diversify the artists featured in the collection, he would not bar acquisitions of artists simply because they are white.  That would not only decouple ignore the inherent value of the art but apply a racial discriminatory rule.

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New York Professor Faces Latest Termination Petition Over Allegedly Falling Asleep During Anti-Racism Meeting

KDgxhmwQMzAuTJG-800x450-noPadFor many professors, a story out of New York may seem like an academic sequel to the 1982 horror film “Don’t Go To Sleep.” Students are seeking the termination of Marymount Manhattan Theater Arts Associate Professor Patricia Simon after she appeared to briefly fall asleep during an anti-racist meeting held on Zoom.  Simon denies the allegations but Marymount Manhattan student Caitlin Gagnon started a petition which features this picture and also accuses her of “ignoring … racist and sizeist actions and words of the vocal coaches under her jurisdiction.” The petition has roughly 2000 signatories. It is an ironic twist on the woke movement where literally not being awake is now cause to be terminated. Continue reading “New York Professor Faces Latest Termination Petition Over Allegedly Falling Asleep During Anti-Racism Meeting”

“A Digital Thunderdome”: Another Times Editor Leaves Under Fire For Opposing Views

Yellow journalismWe have been discussing the shocking abandonment of journalistic principles by the New York Times in its recent apology for publishing a column by a United States Senator and forcing out an editor who had the audacity to publish an opposing view of the current protests.  The newspaper effectively declared echo-journalism to be its new mission.  Now another opinion writer and editor, Bari Weiss, has resigned after what she called an “illiberal environment” where she has been harassed and abused by other reporters without any intervention from the management. In a scathing resignation letter, Weiss called the Times a “Digital Thunderdome.”

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China Sanctions U.S. Senators For Criticizing China

130px-Mao_Zedong_portraitChina has a long and authoritarian history of suppressing free speech even though some academics now believe that it has been right all along on such suppression on the Internet.  Just when you thought China could not get more bold and outrageous in its anti-free speech actions, it surprises you.  This week China sanctioned Sens. Marco Rubio and Ted Cruz for criticizing its treatment of minority Uighur Muslims in Xinjiang. Continue reading “China Sanctions U.S. Senators For Criticizing China”

Princeton Student Reportedly Denied Job After Signing Letter Defending Free Speech

220px-Princeton_shield.svgRecently, we discussed how a Georgetown University student was denounced as a racist by the Student Government for writing an opinion column criticizing the Black Lives Matter organization — an attack on a student that did not prompt even a statement of caution or concern from the university.  While we have been following attacks on faculty who state opposing views of police shootings or aspects of the current protests, the risk is even greater for students.  As the Georgetown student senators knew, the labeling of a student as a racist can cause long-standing problems for educational and employment opportunities. Now, the site College Fix is reporting that a Princeton student was denied a job and his fellow students submitted to a campaign of harassment after they signed a letter supporting academic freedom and free speech on campus.  Again, the university has not issued a statement.  Universities and faculties have felt no obligation to protect such students as they are subjected to abuse and harassment for expressing their views . . . even of the value of free speech. Continue reading “Princeton Student Reportedly Denied Job After Signing Letter Defending Free Speech”

Creighton Professor Triggers Outcry After Labeling Supporters Of Police “White Supremacists”

downloadNow for some good news.  We have been following efforts to have professors stripped of academic positions or outright fired for voicing opposing views of police shootings, Black Lives Matter movement or aspects of recent protests from the University of Chicago to Harvard to Cornell to other schools.  Now we have a professor at Creighton University who has triggered an outcry by calling support for police officers an expression of white supremacy. The University later issued an apology on behalf of Associate Professor of Theology Zachary Smith but no one has called for his termination.  Today, that is progress.  We can only hope that if Smith’s comments were directed at groups or issues associated with the current protests, the university and his colleagues would have the same measured or muted response.

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Top Mueller Aide Andrew Weissmann Calls For Stone To Be Called Into Grand Jury

Andrew-Weissman
Andrew Weissman

One of the most controversial figures selected by Special Counsel Robert Mueller for his investigative team was Andrew Weissmann. While some criticized Weissmann for perceived bias, many of us focused on his record of prosecutorial excess. Now a law professor at New York University, Weissmann appears eager to fulfill both criticisms.  After the commutation of Roger Stone, Weissmann called for Stone to be pulled in front of a grand jury. It did not matter that there was no crime under investigation or likely criminal charge based on the use of a presidential power that is virtually absolute.  Weissmann seemed to call for the use of the grand jury for a fishing expedition — precisely the type of alleged excessive use of prosecutorial power that he faced at the Justice Department. Weissmann is reportedly writing a book on the investigation with the reported titled “Where Law Ends: Inside the Mueller Investigation.”

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Casting The Stone: How Many Ignore History To Condemn The Stone Commutation As Unprecedented

Roger-Stone-following-House-Intel-hearing
YouTube Screenshot

Below is my column in the Hill newspaper on the commutation of the sentence of Roger Stone and the objections from various commentators and politicians that it was an unprecedented abuse of this constitutional power.  The political outcry was predictable but it was also accompanied by an ahistorical treatment in Congress and the press. Many leaders lined up to cast the first Stone comment on how it was an unprecedented act despite their own relative silence during past abuses of presidential clemency. Speaker Nancy Pelosi declared that the commutation was “an act of staggering corruption” for someone who “could directly implicate him in criminal misconduct.” House Intelligence Committee Chairman Adam Schiff declared that the commutation left him “nauseous.Of course, Pelosi, Schiff, and other Democrats seemed to have greater stability and intestinal fortitude after Bill Clinton’s pardoning of his own brother (Roger Clinton), a fugitive Democratic donor (Marc Rich), or his longtime friend (Susan McDougal) who was convicted in an investigation that implicated both Bill and Hillary Clinton. Likewise, Mitt Romney seemed to echo Toobin’s view (below) in declaring this an “unprecedented, historic corruption” when “an American president commutes the sentence of a person convicted by a jury of lying to shield that very president.” However, Romney long heralded his respect and support of President George H.W. Bush despite Bush’s executive clemency actions for six former senior government officials implicated in the Iran-Contra scandal, including former Secretary of Defense Caspar Weinberger. Bush himself was implicated in that scandal and some alleged was protected by their silence. Nevertheless, this Society of Historical Revisionism appears to be expanding with members expressing utter shock at the notion of a president abusing the pardon power.  There were no calls for investigations or new legislation from these politicians at the time.  So, to paraphrase John 8:7, let he or she “without sin among you,”  cast the first Stone criticism.

Here is the column:

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When “Awfully Close” Is Just Awful: Nadler Raises Invalid Bribery Theory In Call For Barr Investigation

440px-U.S._Rep_Jerry_Nadler_(cropped)250px-Ford_PintoFifty years ago, Ford Motor Company started production on the Pinto, a car that was billed as the be-all, end-all for the automotive industry. The only problem was that the car seemed to burst into flames if it hit a mid- to large-sized squirrel. The Pinto’s combustibility did not stop its advocates from pushing its use until it finally was pulled from the roads.
     The Pinto came to mind this week with the reappearance of a poorly conceived product from the legal world: the Trump bribery theory. Various legal experts have insisted President Trump could be prosecuted or impeached under bribery laws, including for his dealings with Ukraine. I have written repeatedly that this theory was discredited by controlling case law, and I testified against its use as an article in the House impeachment hearing last year.  As Ralph Nader once said about the Chevrolet Corvair, this theory is “unsafe at any speed” on Capitol Hill. The decision to pull out this discredited theory of bribery is just the latest example of choosing combustibility over credibility in legal analysis.  The difference is that when unstable automotive products are exposed, they are taken off the road.  Unstable legal products just keep rolling along.

Minnesota Dentist Walter Palmer Under Fire For Renewed Trophy Hunting

Walter Palmer (left), whose face was edited out of the picture, holding a rare ram in Mongolia

This week saw the unwelcomed return of dentist Walter Palmer, 60, to international media coverage.  Palmer was widely denounced over his shooting of “Cecil the Lion” for a trophy five years ago.  He is now back with a series of gruesome pictures with a dead ram from Mongolia. The argali ram is considered “near threatened” but are a favorite for trophy hunters including a similar hunting trip by Donald Trump Jr. Continue reading “Minnesota Dentist Walter Palmer Under Fire For Renewed Trophy Hunting”

Slander or Opinion? Claims Of Racism and Defamation Fly After Education Council Member Is Seen Bouncing Black Child On Lap

download-4A New York City education council meeting recent attracted national attention after one member of the council (and its past President), Robin Broshi, accused another member,  Thomas Wrocklage, of racism after he was seen in a zoom meeting bouncing a black child on his lap. The video below is rather breathtaking but the incident has led to countervailing claims of racism and slander.  As is often the case, we tend to jump on any novel torts claims and this is a good example of the tension between opinion and slander, particularly in such overheated (indeed radioactive) moments in public debates.  It is unfortunately an increasingly common legal question in today’s rage-filled politics. The video of his meeting has now been shown throughout the world.  However, it has some interesting elements as a pedagogical tool for understanding the underlying applicability of tort liability, or lack thereof.

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“People Will Do What They Do”: Pelosi Refuses To Condemn Statue Destruction

220px-nancy_pelosidownload-3House Speaker Nancy Pelosi declined to condemn the destruction of a statue of Christopher Columbus in the city of Baltimore (where she was born and raised) yesterday in the latest example of politicians enabling such mob action with their silence.  When asked about a mob pulling down the statue and dumping it in the harbor (with no interference from police), Pelosi simply declared “People will do what they do.”  Indeed, they will when leaders refuse to condemn their conduct. Her comment explains why a recently arrested supporter of Antifa declared that they are winning in the campaign to destroy statues and memorials. Update: Maryland Governor Larry Hogan blasted Pelosi for being out of touch with her comments. Rather than pander to the most extreme elements of these protests, Hogan insisted “while efforts towards peaceful change are welcome, there is no place in Maryland for lawlessness, vandalism, and destruction of public property.”

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