Bizarre, Criminal law, Media, Politics

The Corona Commutation: Michael Cohen Calls On Trump For The Immediate Release of Prisoners . . . Like Michael Cohen
C-Span/YouTube Screenshot

Michael Cohen, the former personal attorney and “fixer” for President Donald Trump, is calling on his former client to order the release of non-violent prisoners to avoid imposing a “death sentence” on him and others. The petition is a “plea to the President of the United States to save lives” to avoid a threat of lethal exposure for inmates like Cohen. Of course, given the extreme animosity that exists between Trump and Cohen, that may not be the optimal spin for inducing presidential action.

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Bizarre, Politics, Society

Nationalization Now: De Blasio Calls For Curtailing Capitalism To Fight Corona

I admit to being no fan of New York City Mayor Bill de Blasio who achieved the distinction of a zero popularity polling with a 58 percent unpopularity rating in New York city for his presidential run. De Blasio failed to generate support despite his effort to unleash class warfare with such pledges as “we will tax the hell out of the rich.” Now, de Blasio appears to have gone full for Gosplan with his call for nationalizing certain industries to combat the spread of the novel coronavirus. Capitalism again appears to be the problem; fueling the spread of corona by preventing decisive action. Call it coronalism and de Blasio is here to end it.

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Constitutional Law, Media, Politics

Connecticut’s Gun-Control Law Triggers New Challenge Under Heller

The Supreme Court has still not dismissed a New York gun case where New York City officials passed, in my view, a clearly unconstitutional gun control measure. Then, after proclaiming that they would defend the law to the Supreme Court, they tried desperately to withdraw the case after review was granted. That creates a serious question of mootness in New York State Rifle & Pistol Association Inc. v. City of New York. However, they may have pushed this game too far with the Court, which clearly did not like being played by politicians using the courts for grandstanding. Yet, there is a case out of Connecticut that could prove equally, if not more, important in defining the edges of the Second Amendment.

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Academia, Bizarre, Constitutional Law, Politics

American University Professor Calls For Trump Impeachment Over The Coronavirus Response

Professor Chris Edelson, assistant professor of government at American University, has penned an opinion column calling for President Trump to resign or be impeachment for his handling of the coronavirus crisis. It is just the latest in a long line of such impeachment theories that reflect a fundamental misconception of the function and standard for the removal of an American President.

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International

I Know Why The Caged Bird Sings: A Song In Sienna Shows The Irresistible Spirit Of The Italian People

As many of you know, I adore Italy (the land of my roots) and I have specifically written about my love for Sienna. This videotape of people spontaneously singing in Sienna is really quite moving. Asked to stay indoor due to the raging virus, the beauty of this culture seems irrepressible. There is a Pagliacci feel to this sorrowful but strong song that spontaneously broke out in the deserted streets of Sienna.

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Bizarre, Media, Politics

A Family Or Corporate Matter? CNN Contributor Andrew Gillum Found Inebriated In Miami Hotel Room With Illegal Drugs

It is less than 24 hours since the story broke but CNN contributor and former Democratic candidate for Florida governor, Andrew Gillum is already being referred to as a “former rising star of the Democratic party.” That is not a good sign. Gillum was found “inebriated” early Friday morning in a hotel where meth was also recovered. The story may rekindle a long controversy over “morals clauses” in media contracts.

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Constitutional Law, Courts, Criminal law

Court Finally Releases Chelsea Manning After Suicide Attempt

I have previously objected to how the Justice Department uses grand juries to punish certain individuals who refuse to cooperate with federal investigations. This concern was heightened during my representation of Dr. Sami Al-Arian who signed a plea bargain with the understanding that, after serving his time, he would be allowed to leave the country. Instead, he was forced before a grand jury and remained in jail for years as a matter of contempt. The Justice Department often prolongs the incarceration while piling on fines to ruin individuals who refuse to cooperate. That was the case with Chelsea Manning. Like Al-Arian, she had already served time for her role in the Wikileaks controversy but the remainder of her sentence was commuted by President Barack Obama. The Justice Department proceeded to pull her before another grand jury where she refused to testify (like Al-Arian). After a long incarceration and an equally excessive 256,000 in fines, she finally tried to kill herself this week by hanging in the Alexandria jail. Only then did U.S. District Judge Anthony Trenga finally order her release.

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Lawyering, Politics

No, Schumer Did Not Violate Legal Ethics In His Threat Against The Court

I previously wrote about the highly improper threats made against the Supreme Court by Senate Minority Leader Chuck Schumer (D., N.Y.). Schumer is now facing both complaints in the Senate and in the New York bar. The Senate has a legitimate concern about a member threatening the Court with retaliation if it does not rule in the way that he favors. However, as my column noted, Senator Whitehouse and others have made the same type of threats. Any censure or sanction remains a matter for the Senate but it would have to distinguish between Schumer’s statements and past hyperbolic statements of other senators. My main concern is the the bar complaint against Schumer. Despite my stated and strong disapproval of his threats against Associate Justice Neil Gorsuch and Brett Kavanaugh, I do not believe that this is a matter for the New York bar. Indeed, I view the effort as a threat to protected political speech.

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Academia, Free Speech

“I’m Terrified Of Your Organization”: CMU Professor Admits To Tearing Down Fliers For Conservative Group

The site Campus Reform is reporting a disturbing confrontation between student members of the conservative group Turning Point USA and Central Michigan University Professor Sara Moslener. The group posted a videotaped purportedly showing Moslener admitting to tearing down their posters because “I’m terrified of your organization.” While I have defended the right of academics to post and write in controversial and even offensive ways, this does not fall into any category of protected speech. This is the denial of free speech and should be a serious matter for the university.

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Columns, Politics

What Bernie Sanders Has That Joe Biden Doesn’t

Below is my column for BBC on the Sanders campaign and my recent discussion of the election with over a dozen of his supporters at the University of Michigan. Biden is being portrayed as the effective nominee after last Tuesday and at least one Democrat is suggesting the cancelation of the remaining primaries. However, polls show a distinct lack of excitement about Biden as a candidate. His express selling point is that he is better situated to defeat Trump. That leaves an obvious vacuum on positive passion that was so evident at the Sanders rally that I attended.

Here is the column:

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Bizarre, Criminal law

78-Year-Old Texan Survives 40 Foot Drop After Allegedly Being Pushed Off Cliff By Son

Gerald McCants, 49, has been charged in Texas with a particularly heinous crime. He is accused of luring his 78-year-old father to a cliff and then pushing him off. His father amazingly survived and told police that he could hear his son laughing as he fell.

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Travel Blog

Walking Around The Maize and Blue at the University of Michigan

As an academic, I enjoy visiting great universities with the same passion as some have for visiting the great ball parks. Last week, I decided to go to the massive Sanders rally in Ann Arbor and discuss the election with many of his supporters. My son, Aidan, is looking at the University of Michigan for college and tagged along on the trip. The Michigan campus is one of the most beautiful in the country and an excellent addition to our travel blog, including a stellar hotel.

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Columns, Politics, Society

The Curse Of Eugene Debs: Sanders Loses On The 100th Anniversary Of Socialist’s Demise

Below is my column in USA Today on the significance of March 10th as the likely critical blow to Bernie Sanders in his campaign for the presidency. That was the day — 100 year ago — that Eugene Debs, the last major socialist presidential candidate, lost his bid for freedom. He would run his final presidential campaign from jail. Sanders seems to have fallen to the Eugene Debs curse not just in terms of the calendar but the response of the establishment. Liberal icons like Louis Brandeis would join in condemning him to prison and his presidential campaigns were harassed by a wide array of political and police forces. For Sanders, the only thing that has changed is the threat of criminal prosecution. The united front against his campaign remained the same.

Here is the column:

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Politics

Ultra Virus: Hunter Biden Self-Quarantines Himself . . . In Refusing Deposition On Child Support [UPDATED]

We have been discussing the long litigation of the Hunter Biden to first deny that he is the father of a child in Arkansas and then, after DNA testing proved he is the father, to resist efforts to establish child custody. He is now facing a contempt sanction for refusing to answer questions about his net worth and, after repeated court filings, was scheduled for a March 11th with what seemed like no-excuses court order. Now however Biden has a novel claim. Indeed, it is novel coronavirus and the danger of traveling. Thus, he is not acting ultra vires as much as ultra virus. Update: The judge has denounced Hunter Biden’s effort at delay as yet another “duplicitous” filing.

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Uncategorized

A Second Impeachment? D.C. Circuit Orders Justice To Turn Over Mueller Grand Jury Material To Congress

The D.C. Circuit has ruled that Justice Department must turn over grand jury (Rule 6e) material to Congress — affirming a lower court in ruling against the Trump Administration. What was most interesting about the decision was the overriding necessity: to allow the House to decide if it needs to impeach President Donald Trump for a second time.

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