The Curious Case of Steven Baker: Advocate, Journalist, or Advocacy Journalist?

Below is my column in the Hill on a controversial criminal case involving a conservative journalist who was arrested after the January 6th riot. The prosecution of Steven Baker exposes the growing tensions in the media over the role of reporters as advocates.

Here is the column: Continue reading “The Curious Case of Steven Baker: Advocate, Journalist, or Advocacy Journalist?”

The Recalibration of Colonel Brock: D.C. Circuit Ruling for J6 Rioter Could Impact Hundreds of Cases

In its affidavit supporting criminal charges, the Justice Department showed   Air Force lieutenant colonel Larry Rendall Brock on the Senate floor on January 6, 2021 in a helmet and combat gear.  That outfit only magnified the anger of many of us over the riot and the interruption of our constitutional process of certification. However, while there was little question of the validity of the charges against him, U.S. District Judge John Bates in March 2023 imposed a two year sentence based on a common enhancing factor cited by the government in many of these cases for the “substantial interference with the administration of justice.” A panel on the D.C. Circuit has now ruled against the use of that enhancer in a decision that could compel the resentencing of dozens of defendants from the January 6th riot. Continue reading “The Recalibration of Colonel Brock: D.C. Circuit Ruling for J6 Rioter Could Impact Hundreds of Cases”

Washington Post Reporter Dismisses Shoplifting Stories as the “Panic” of “a Sticky-Fingered Nation Built on Stolen Land”

Washington Post writer Maura Judkis is under fire this week for a column in which she mocks shoplifting stories as the “moral panic” of a nation built on “stolen land.” It is reminiscent of those who excused rioting in past summers “as an expression of power” and demanded that the media refer to looters as “protesters.” Now, the Washington Post is suggesting that it may be just desserts for a nation of colonizers and enslavers. Continue reading “Washington Post Reporter Dismisses Shoplifting Stories as the “Panic” of “a Sticky-Fingered Nation Built on Stolen Land””

No, the Court is Not “Slow Walking” the Trump Immunity Case

Below is a slightly expanded version of my column on Fox.com on the attacks on the Court for granting review of the immunity challenge brought by former president Donald Trump. The scheduling of oral argument has unleashed the familiar voices against the justices and allegations of political machinations. The claims of “slow walking” the appeal ignore the history and culture of the Court.

Here is the column: Continue reading “No, the Court is Not “Slow Walking” the Trump Immunity Case”

MSNBC Legal Analyst: Free Speech Could Be America’s “Achilles Heel”

We have been discussing the alarming shift in higher education in favor of censorship and speech regulations. These voices have been amplified on media platforms like MSNBC which has championed efforts to censor people and groups on social media and other forums. The most recent example is the interview of University of Michigan Law Professor and MSNBC legal analyst Barbara McQuade by Rachel Maddow. In the interview, McQuade explains how the First Amendment is the “Achilles Heel” of the United States and why the public needs to embrace greater limitations on free speech. Continue reading “MSNBC Legal Analyst: Free Speech Could Be America’s “Achilles Heel””

“Craven” and “Insurrectionists”: MSNBC’s Rachel Maddow and Others Denounce the Supreme Court for Granting Review of Presidential Immunity

Yesterday, the Supreme Court granted review of the presidential immunity question, but set an expedited schedule for the review of the question with oral argument scheduled for April. Former president Donald Trump wrote on Truth Social that “Legal Scholars are extremely thankful for the Supreme Court’s Decision today to take up Presidential Immunity.” As I mentioned last night in the coverage, legal scholars are hardly doing a conga line in celebration. Indeed, this morning had the usual voices attacking the Court as “craven” and partisan for granting review in the case.  Despite the Court (including three Trump appointees) repeatedly ruling against Trump and conservative causes in past cases, the same voices declared that the Court was a cabal of politically compromised lickspittles.

Continue reading ““Craven” and “Insurrectionists”: MSNBC’s Rachel Maddow and Others Denounce the Supreme Court for Granting Review of Presidential Immunity”

Meta Adds Censorship Supporter to Board of Directors

Texas billionaire John Arnold has long held a notorious position for many in the free speech community as the financier for efforts to establish massive censorship systems in the United States. While Elon Musk has been attacked for his effort to reduce such censorship at X (formerly Twitter), Mark Zuckerberg and Facebook have long pushed censorship efforts, even funding a commercial campaign to get people to embrace what they call “content moderation.” Now Zuckerberg has put Arnold on the Meta Board of Directors in a blow to efforts to get the company to accept free speech values. Continue reading “Meta Adds Censorship Supporter to Board of Directors”

“Turning the Tables”: Many Appear to Follow the McCaskill Rule on the President’s Use of False Story

We recently discussed the call by MSNBC contributor and former Democratic Senator Claire McCaskill for the media to stop fact checking Joe Biden before the election. Some in the media appear to have gotten the McCaskill memo in running the false story repeated by Biden in his interview this week on NBC.  What is particularly striking is that the President is again being accused of spreading disinformation, the very basis used by his Administration to censor critics and groups. His Administration even pushed LinkedIn to bar those who have spread disinformation.

Continue reading ““Turning the Tables”: Many Appear to Follow the McCaskill Rule on the President’s Use of False Story”

“We Don’t Do That Here.”: Former NY Times Editor Blasts the “Gray Lady” for Bias and Activism

Former New York Times editor Adam Rubenstein has a lengthy essay at The Atlantic that pulls back the curtain on the newspaper and its alleged bias in its coverage. The essay follows similar pieces from former editors and writers that range from Bari Weiss to Rubenstein’s former colleague James Bennet. The essay describes a similar work environment where even his passing reference to liking Chik-Fil-A sandwiches led to a condemnation of shocked colleagues. Continue reading ““We Don’t Do That Here.”: Former NY Times Editor Blasts the “Gray Lady” for Bias and Activism”

Hunter Blows Away His Own Counsel’s Sobriety Defense

There is a lot of chatter this morning about the interview of Hunter Biden with Axios before his appearance in Congress for testimony on the alleged corrupt activities of his family. The interview has powerful moments as Hunter describes his struggle with addiction and the pressure that he feels to stay sober in light of the election. However, one line stood out in the interview where Hunter confirms that he has been sober since June 1, 2019. That is notably after the date that he signed the gun form at the heart of his federal indictment. Continue reading “Hunter Blows Away His Own Counsel’s Sobriety Defense”

Yes, There is a Path for a Third Party Candidate to Win the White House…But it is Narrow

One of the most interesting dynamics in this election is the impact of third party candidates from Robert F. Kennedy Jr. to Cornel West to a yet-to-be-named candidate with the No Labels ticket. Both Democratic and Republican operatives have been actively dismissing the ability of any third party candidate to win, including claims that the No Labels group has waited too long to get on ballots. I do not believe that is true. There is a path for a third party alternative to both Joe Biden and Donald Trump. However, that path is rather narrow and rocky.

Continue reading “Yes, There is a Path for a Third Party Candidate to Win the White House…But it is Narrow”

Before Joe, James and Hunter, There Was Great-Great-Grandpa Moses

Below is my column in new research published in the Washington Post that turned up an interesting case involving the prosecution of the great-great-grandfather of President Joseph Robinette Biden Jr. What was interesting about the account was not the criminality, which can be found in the history of many families. Rather it was the intervention of allies and negating of the conviction of Mose Robinette that was so ironic in light of the current controversies.

Here is the column: Continue reading “Before Joe, James and Hunter, There Was Great-Great-Grandpa Moses”

Friends with Benefits? Telephone Records Raise New Challenge to the Willis/Wade Testimony

In the movie Friends with Benefits, the character Jamie asks Dylan “why do I get the feeling this is the first real commitment you’ve ever made?” Dylan responds “It’s not. T-Mobile. Two years. And f*** do I regret that one!”

The ongoing proceedings involving Fulton County District Attorney Fani Willis and lead prosecutor Nathan Wade seem to be playing out a real-life version of Friends with Benefits, though the benefits may have violated core ethical rules. Now, it appears that Wade may, like Dylan, regret that cellphone plan. Continue reading “Friends with Benefits? Telephone Records Raise New Challenge to the Willis/Wade Testimony”

McCaskill: Media Must Stop Fact Checking Joe Biden

MSNBC contributor and former Democratic Senator Claire McCaskill has been one of the most vocal voices attacking critics of Joe Biden and opposing any investigations into his family or his policies. She attacked journalists and others who spoke in favor of free speech, calling them “Putin apologists” and Putin lovers. Now she is lashing out at the media for fact checking Joe Biden’s false claims . . . any false claims. Continue reading “McCaskill: Media Must Stop Fact Checking Joe Biden”

Res ipsa loquitur – The thing itself speaks