Academia, Bizarre, Constitutional Law, Free Speech, Media, Politics, Society

Trump Again Calls For Changing Libel Laws After NYU Professor’s Faked Quote [Updated]

President Donald Trump has previously — and unwisely — called for changing libel laws to combat what he calls “fake news.” I have previously criticized  Trump for his calls for greater liability of the media for its coverage of the controversies surrounding his Administration, including his desire to sue Saturday Night Live.  Now, due to the publication of a false quote from Trump by New York University Professor Ian Bremmer, Trump is again calling for a change in the law and ignoring that our defamation standard is anchored in the first amendment. Ironically, Trump himself was recently accused of posting a doctored clip of Nancy Pelosi and has repeatedly retweeted false or defamatory statements.

Continue reading “Trump Again Calls For Changing Libel Laws After NYU Professor’s Faked Quote [Updated]” →
Courts, Lawyering, Politics

Utah Judge Suspended Six Months For Anti-Trump Comments

We recently discussed a federal judge who gave a public speech excoriating President Donald Trump. While we discussed how the comments of Judge Carlton Reeves would violate judicial ethical rules, no discipline has been brought for the comments. Indeed, Reeves is back in the news for his ruling to enjoin the Mississippi anti-abortion law. Taylorsville Justice Court Judge Michael Kwan received a six-month suspension for his anti-Trump comments last week.

Continue reading “Utah Judge Suspended Six Months For Anti-Trump Comments” →
Columns, Constitutional Law, Criminal law, Free Speech, Justice, Media, Politics, Society

The Assange Case Could Prove The Most Important Press Case In 300 Years

Below is my column for BBC on the Assange espionage charges. As I have written, I believe that Attorney General Bill Barr is dead wrong on these charges — a view apparently shared by at least two of the prosecutors on the team. Until now, President Donald Trump’s disturbing rhetoric against the media has been disconnected from actual moves against the media with the exception of suspending press passes or changing rules for the White House press corp. This is a quantum leap in the wrong direction. Indeed, this prosecution could easily become the most important press case since John Peter Zenger.

Here is the column:

Continue reading “The Assange Case Could Prove The Most Important Press Case In 300 Years” →
Environment

More Photos Along a Green Dot Road

By Darren Smith, Weekend Contributor

A few days ago brought me another business trip comprising six hours of driving to facilitate one hour of actual work. It did nevertheless provide an opportunity to visit another green dot road within country I haven’t seen in nearly thirty-seven years.

For me it brought a few quick memories of places, memories that were occasional and fleeting as I drove past. It made for a convincing argument that we must as individuals return to what we found as hobbies during our teen years as something that can remind us of whom we were then–that was, in fact, the person from whom we evolved.

Continue reading “More Photos Along a Green Dot Road” →
Bizarre, Criminal law, Justice

Most Hapless Felon Ever

By Darren Smith, Weekend Contributor

Every year in reading of the human experience, individuals continue to reinforce the notion that while intelligence has its limits, stupidity knows no bounds. But today’s case-study  imports an existential question into the latter element: Stupidity can be so self-actualized, that it succeeds in preventing procreation, thus constraining the bounds of inheritable haplessness.

It all began simply enough–a felon reportedly stuffed a pistol into the front pocket of his pants and shot himself in the testicles. And yes, the story does get worse for him.

Continue reading “Most Hapless Felon Ever” →
Constitutional Law, Criminal law, Free Speech, International, Media

Bill Barr Is Wrong On Assange

Bill Barr has been (in my opinion) wrongly attacked for many of his actions with regard to the Special Counsel Report. Indeed, I defended his decisions in print and I testified in favor of his confirmation. I still believe that he is an excellent choice for Attorney General. However, on the charges against Julian Assange, he is wrong. Dead wrong. As I stated in a recent column, the use of the Espionage Act strikes at the heart of the First Amendment. Now, the Washington Post is reporting that two prosecutors involved in the Wikileaks case argued against the new charges.

Continue reading “Bill Barr Is Wrong On Assange” →
Uncategorized

Trump Holds Press Conference And Asks Staff For Testimonials Of His Calm Demeanor

In a truly cringe-worthy moment, President Donald Trump called on staff at a press conference yesterday to attest to his being calm and measured in a controversial meeting with Speaker Nancy Pelosi. Pelosi described Trump as throwing a “temper tantrum.” I am perfectly willing to accept that the portrayal was unfair, but the solution was not to have awkward testimonials of five staffers lined up like a firing squad. It took seconds for media around the world to portray the event as an American version of an impromptu moment with “the Dear One.”

Continue reading “Trump Holds Press Conference And Asks Staff For Testimonials Of His Calm Demeanor” →
Bizarre, International, Politics, Society

Juncker: Nationalists and Populists Are “Stupid” And “Are In Love With Their Own Countries”

We have previously discussed President of the European Commission Jean-Claude Juncker and his controversial statements. Juncker for many is the face of the detached and arrogant bureaucracy that dictates policies and practices in various nations. While the EU has long tried to assure people that it is not replacing their national identity or self-determination, Juncker has always been dismissive of such concerns, even with growing anti-EU movements. That dismissive attitude was evident this week when Juncker said on CNN “These populist, nationalists, stupid nationalists, they are in love with their own countries.”

Continue reading “Juncker: Nationalists and Populists Are “Stupid” And “Are In Love With Their Own Countries”” →
Criminal law, Society

Teen Arrested In Attack On Elderly Couple and Firefighter

The NYPD is still looking for all but one of these teens. This picture shows a group of teenagers who allegedly were harassing and abusing an elderly couple. A 38-year-old firefighter was driving by and stopped to tell the group to stop harassing the elderly couple. The teenagers proceeded to attack the unidentified firefighter, resulting in several broken teeth and a concussion. Yesterday, the police arrested Damir Johnson, 17, was charged with one count of second-degree assault. They are looking for the other five.

Continue reading “Teen Arrested In Attack On Elderly Couple and Firefighter” →
Politics, Society

Massachusetts Moves To Strike Its Flag As Offensive To Native Americans

We have been discussing the various statues, memorials, and dedications being struck around the country. I have been critical of some of these moves as erasing history that should be part of a broader understanding of all citizens. Now leaders are lining up to strike the Massachusetts flag because of its depiction of a Native American. Cambridge declared the flag recently as “offensive” and demanded its replacement. There appears however some disagreement on what is offensive with some pointing to the depiction of a Native American while others say the problem is the arm holding a sword.

Continue reading “Massachusetts Moves To Strike Its Flag As Offensive To Native Americans” →
Congress, Constitutional Law, Criminal law, Media

Pelosi Reaffirms No Impeachment . . . Because Trump Wants To Be Impeached

Speaker Nancy Pelosi held a press conference today that left far more questions than she answered . . . except for some members of the press. While CNN asked the more obvious question of why Pelosi keeps saying that Trump is committing impeachable acts but barring impeachment, the other reporters quickly moved to softball questions and the short time ran out, as did Pelosi. However, Pelosi did reaffirm that Trump should not be impeached because he wants it too much. That is consistent with those other principled stances like (1) serial killers should not be arrested if police think that they really want to be caught; (2) suicide jumpers should not be stopped if they really want to be rescued; and (3) bulimia victims should be given more food if you think that they just want you to intervene. The original question is still the operative question: if Trump is committing crimes and a cover up, as Pelosi alleges, why does it matter what Trump wants as opposed to what the Constitution says.

Continue reading “Pelosi Reaffirms No Impeachment . . . Because Trump Wants To Be Impeached” →
Constitutional Law, Criminal law, Free Speech, Media, Society

France Continues Crackdown On Journalists

France appears to be launching a crackdown on the free press with the same vigor it has shown in destroying free speech guarantees in the nation famous for its 1784 Declaration of the Rights of Man and of all the Citizen. Recently, we discussed how the French government was criminally investigating journalists who uncovered false statements by French officials on the country’s role in the war in Yemen. Now, a senior reporter at the renowned French Le Monde has been called in for questioning after Ariane Chemin revealed that a security aide to President Emmanuel Macron has been summoned for questioning by the domestic intelligence service.

Continue reading “France Continues Crackdown On Journalists” →
Environment, International, Politics

China Found In Massive Violation Of Montreal Protocol

A study in Nature shows a massive violation by China in the release of ozone-depleting gases like chlorofluorocarbons. China agreed to the Montreal Protocol to stop such CFC pollution. However it now appears that the Chinese regime is violating the Protocol. A concentration of increased CFC pollution was traced to the northeastern provinces of Shandong and Hebei.

Continue reading “China Found In Massive Violation Of Montreal Protocol” →
Animals, Bizarre, Society

Virginia Dog Euthanized Pursuant To The Will Of Its Deceased Owner

Emma, a Shih Tzu mix, was a much loved pet . . . and that apparently proved her demise. Her owner passed about on March 8th in Virginia and Emma was brought to the Chesterfield Animal Shelter. The shelter was then surprised on March 22 when the executor of the estate informed it that the dog was to be handed over because the owner wanted her pet to be euthanized upon her death. The shelter pleaded that it could find many new families for Emma but the dog was taken away to be killed per the request of its owner.

Continue reading “Virginia Dog Euthanized Pursuant To The Will Of Its Deceased Owner” →
Congress, Constitutional Law, Courts, Justice, Lawyering

Trump Administration Ignored Internal Legal Opinion In Withholding Tax Records

I recently testified in the House Judiciary Committee that the Congress must challenge the refusal of the Trump Administration to turn over certain records and to bar certain witnesses from oversight investigations. While I also disagreed with some of Congress’s actions, the Trump Administration has cannot withhold material from oversight authority on the basis of undeclared privileges or ill-defined objections. This is the case in the refusal to turn over tax records demanded by Congress. As I stated earlier, the House has made only generalized claims of a legislative purpose for such records. Nevertheless, the law clearly favors Congress in seeking such material. Notably, the Trump Administration has not claimed executive privilege but only that the Committee lacks a legislative purpose. That is not enough. Now, it appears that the Administration was warned by its own confidential Internal Revenue Service legal memorandum that it would be violating the law by withholding the records without an executive privilege claim. It ignored the legal memorandum and refused the congressional demand.

Continue reading “Trump Administration Ignored Internal Legal Opinion In Withholding Tax Records” →