For years, free speech advocates (including myself) have criticized the new rationalization for censorship in the cause of combating disinformation, misinformation, and malinformation. As discussed in my new book, The Indispensable Right: Free Speech in an Age of Rage, there is a burgeoning cottage industry in academia in helping corporations and government agencies to target certain political, social, and scientific viewpoints. One of those centers is located at the Harvard University’s Shorenstein Center on Media, Politics, and Public Policy. Now, however, the faculty are accusing each other of misinformation over the departure of “misinformation and disinformation” expert Joan Donovan. Continue reading “Disinformation Allegations Fly at Harvard’s Disinformation Center”
This weekend, the Hunter Biden team is reportedly debating whether to have him take the stand on Monday, a move rife with risk. Most criminal defendants avoid such appearances given the potential damage of a withering cross examination. Those risks were evident in the recent testimony of Hunter’s daughter, Naomi, which backfired badly on key points. Continue reading “Will Hunter Take the Stand? He May Want to Think Twice Before Checking That Box”
Below is my column in Fox.com on the authentication of Hunter Biden’s laptop in the Delaware trial. The government has denounced the Russian disinformation claims as a “conspiracy theory” and put on evidence that there is no evidence of tampering with the laptop. The FBI declared the laptop to be “real” and “authentic” and the court agreed. It was introduced as evidence before many reporters who previously embraced the debunked “conspiracy theory.” As discussed below, Houdini’s elephant was just revealed on stage and most of the audience looked away.
Here is the column: Continue reading “Laptop Deniers in Delaware: The Media Shrugs as the Biden Laptop is Authenticated in Federal Court”
“Conscience doth make cowards of us all.” Those words from Hamlet captured the moral dilemma for many of us as we face the costs of conscience.
For each of us, there often comes a moment when our principles are put to an undeniable and unavoidable test. It may be as simple as cheating on a test, shoplifting a product, or admitting to a wrong. It is natural to want to avoid such moments, particularly when we cannot even admit to ourselves that we may not be the person we have long claimed to be. Continue reading “Garland’s Moment of Truth: With the Perjury Referral, the Attorney General Faces a Clear Choice Between Principle and Politics”

Just the News is reporting that the January 6th Committee rebuffed repeated efforts from a Secret Service agent to refute the false story related by Cassidy Hutchinson alleging a violent episode with Trump in the presidential limousine during the Capitol riots. The J6 Committee staff repeatedly delayed the testimony of the agent to disprove the widely reported allegation. Continue reading “Report: J6 Committee Delayed Secret Service Driver From Refuting False Limo Story”
Below is my column in The Hill on the start of the Hunter Biden trial and the elements of a classic jury nullification strategy by the defense. It is not clear that it will work in an otherwise open-and-shut case, but it might. What is clear is that it may be all that Biden has short of the Rapture.
Here is the column: Continue reading “Is Hunter Biden Pursuing a Jury Nullification Strategy?”
Winston Churchill once said that “A lie gets halfway around the world before the truth has a chance to get its pants on.” It often seems like the Biden White House and campaign has embraced that warning as an operating principle. The most recent target was the veteran Fox news anchor John Roberts, who was accused of airing “a blatant lie” in questioning Biden’s claim that he was the first president to push through a cap of $35 on insulin treatments. Roberts was entirely correct, but the campaign has still not removed the false attack on his integrity and accuracy. Continue reading ““A Blatant Lie”: The Biden Campaign Falsely Accuses Fox’s John Roberts of Lying About the Insulin Caps”
Washington Post publisher and CEO William Lewis is being denounced this week after the end of the short-lived tenure of Executive Editor Sally Buzbee and delivering a truth bomb to the staff. Lewis told them that they have lost their audience and “people are not reading your stuff.” It was a shot of reality in the echo chambered news outlet and the response was predictable. However, Lewis just might save this venerable newspaper if he follows his frank talk with meaningful reforms to bring balance back to the Post. Continue reading ““Let’s Not Sugarcoat it … People are Not Reading Your Stuff:” Publisher Drops Truth Bomb at Post”
Below is my column in the Hill on the most compelling grounds for an appeal in the Trump case after his conviction on 34 counts in Manhattan. There has been considerable criticism of the defense team and its strategy in the case, including some moves that may undermine appellate issues. However, after the instructions became public, I wrote a column that I thought the case was nearly un-winnable, even for those of us who previously saw a chance for a hung jury. Clarence Darrow would likely have lost with those instructions after the errors in the case by Judge Juan Merchan. At that point, it became a legal canned hunt. So the attention will now shift to the appellate courts. While it may be tough going initially in the New York court system for the former president, this case could well end up in the federal system and the United States Supreme Court. The thrill kill environment of last week may then dissipate as these glaring errors are presented in higher courts.
Here is the column:
Continue reading “Buzz Kill: The Trump Conviction Presents a Target-Rich Environment for Appeal”
We have been discussing the dubious constitutional basis for President Joe Biden withholding the audio tapes of his interview with special counsel Robert Hur. I have previously written that the claim of privilege makes little sense when the transcript of the interview has already been released. It seems curious that Biden is claiming to be the president “who cannot be heard” in withholding the audio version. It just got wackier as the Justice Department seeks to create a new type of “Deepfake privilege” that would effectively blow away all existing limits on the use of the privilege when it comes to audio or visual records of a president. Continue reading “The Deepfake Privilege? The Justice Department Makes Startling Claim to Withhold the Biden-Hur Audiotape”

Below is a slightly expanded version of my column in the New York Post on the verdict in the Trump trial. The Manhattan case, in my view, was a raw political use of the criminal justice system. It is only the latest example of the use of the justice system for political purposes and harkens back to the Adams Administration at the start of our Republic. I discuss that period in my book, The Indispensable Right: Free Speech in an Age of Rage (which is available this month).
Here is the column: Continue reading “The Ghost of John Adams: How the Trump Trial Harkens Back to a Dark Period of American Law”
Below is my column in The Hill on the ongoing deliberations in the Trump trial. The instructions in the case raised concerns that the deliberations could become a legal version of a canned hunt, where the prey is trapped in a cage or fenced in areas to be dispatched. Elements of the instructions are disturbing in reducing what is required to convict the former president.
Here is the column:
Continue reading “A Manhattan Canned Hunt: The Trump Jury is Out But is the Case in the Bag?”
“Democracy is on the ballot.” That mantra of President Joe Biden and other Democrats has suggested that “this may be our last election” if the Republicans win in 2024. A few of us have noted that the Democrats seem more keen on claiming the mantle of the defenders of democracy than actually practicing it. Democrats have sought to disqualify Donald Trump and dozens of Republicans from ballots; block third party candidates, censor and blacklist of those with opposing views; and weaponize the legal system against their opponents. Most recently, in California, democracy is truly on the ballot and the Democrats are on the wrong side. Continue reading ““Democracy is on the Ballot”: California Democrats Seek to Prevent Voters from Approving New Taxes”



