Columns, Criminal law, Lawyering

Spring Break: Christie’s Prediction of a Trump Conviction by Spring Just Hit a Snag

Below is a longer version of my column in the New York Post on the leaking of the interviews of former counsel to Donald Trump. The interviews could magnify the difficulties for both Fulton County District Attorney Fani Willis and Special Counsel Jack Smith in their respective prosecutions.  These cases still represent a serious threat to Trump, but these prosecutors must first overcome a glaring potential contradiction. That does not mean that Christie and the other candidates will not get a “Spring Break” with a conviction, but it could prove more challenging even with highly favorable jury pools.

Here is the column:

Continue reading “Spring Break: Christie’s Prediction of a Trump Conviction by Spring Just Hit a Snag” →

Constitutional Law, Politics, Supreme Court

Colorado Judge Rejects 14th Amendment Disqualification Effort to Bar Trump from Ballot

Colorado Judge Sarah Wallace has become the latest jurist to reject the effort to bar former president Donald Trump from the ballot under the novel 14th Amendment theory. I have long been a vocal critic of the theory, which I view as historically and legally unfounded. I also view it as arguably the most dangerous theory to arise in decades. While Wallace reached the right conclusion, she committed, in my view, fundamental errors in her analysis on the free speech elements of the case. Continue reading “Colorado Judge Rejects 14th Amendment Disqualification Effort to Bar Trump from Ballot” →

Academia, Free Speech

TERF War: Artist Canceled at Northeastern University over Gender Identity Views
Columns, Criminal law

Lying About Lying? Michael Cohen Appears to Confess to Prior False Statements Under Oath
C-Span/YouTube Screenshot

Below is my column on Fox.com on the new allegations of perjury by Michael Cohen after his testimony in the New York fraud trial of his former client Donald Trump. The alleged perjury occurred in testimony before Congress, but it is part of patterns going back decades. For his critics, Cohen has made lying a virtual art form — supported by an ever-changing array of powerful benefactors.

Here is the column: Continue reading “Lying About Lying? Michael Cohen Appears to Confess to Prior False Statements Under Oath” →

Academia, Constitutional Law, Free Speech, Religion

Turley Publication on the Compulsion of Free Speech is Now Available

I am happy to announce the publication of my latest law review article, The Unfinished Masterpiece: Compulsion and the Evolving Jurisprudence Over Free Speech, 83 Md. L. Rev. 145 (2023)  The work not only discusses the recent 303 Creative ruling of the Supreme Court, but an important case now pending before the Court for possible review, Porter v. Board of Trustees of North Carolina State University. The Porter decision was decided by the United States Court of Appeals for the Fourth Circuit and, in my view, represents a major threat to both free speech and academic freedom. Both cases are also discussed in my forthcoming book, The Indispensable Right.

Continue reading “Turley Publication on the Compulsion of Free Speech is Now Available” →

Columns, Free Speech, Media

Should Joe Biden Be Banned?

Below is my column in The Messenger on the view of diplomats in the Biden Administration that the President is spreading “misinformation.” My interest in the story is less the merits than the allegation. The President is facing the same allegation of ignoring fact and spreading disinformation that has resulted in thousands being banned or blacklisted on social media. The Biden Administration has pushed for such censorship in areas where doctors and pundits held opposing views on subjects ranging from Covid-19 to climate control. The question is whether Joe Biden himself should be banned under the standards promulgated by his own Administration.

Here is the column:

Continue reading “Should Joe Biden Be Banned?” →

Constitutional Law, Politics

Michigan Court Rejects Effort to Disqualify Donald Trump

We have been discussing the nationwide effort to disqualify former President Donald Trump from ballots in key states under a novel theory using Section 3 of the 14th Amendment. Yesterday, a Michigan judge was the latest to dismiss the effort to prevent voters from being able to vote for Trump. Continue reading “Michigan Court Rejects Effort to Disqualify Donald Trump” →

Criminal law, Politics, Torts

No, Trump Supporters Cannot “Citizen Arrest” the Judge or James in New York

The Internet has erupted over another reposting by former president Donald Trump. Trump reposted a supporter’s “fantasy” of executing a citizen’s arrest of Judge Arthur Engoron and New York Attorney General Letitia James. It was described as a fantasy but it remains a dangerous (and uninformed) suggestion that some could easily take seriously. That is particularly the case after the reckless attacks of Trump on critics as “vermin” and pledging to go after them if reelected. Continue reading “No, Trump Supporters Cannot “Citizen Arrest” the Judge or James in New York” →

Constitutional Law, Free Speech, Media, Politics

Absolute Nonsense: Obama Again Claims to be First Amendment Absolutist While Supporting Censorship

In an interview with The Verge Editor-in-Chief Nilay Patel, former President Barack Obama once again claimed that he is virtually a “First Amendment absolutist” despite supporting censorship for years, including United Nations efforts to criminalize criticism of religion on a global scale.  There are aspects of the Obama terms that I have praised, but his record on free speech is not one of them.

Continue reading “Absolute Nonsense: Obama Again Claims to be First Amendment Absolutist While Supporting Censorship” →

Academia, Torts

Professor Luna Teaches Animal Torts at GWU Law School
Day Class Torts
Evening Class Torts

Yesterday, the students of day and evening torts were honored by a lecture from the leading American expert on animal tort liability, Professor Luna.  Herr Professor taught subjects like the “one free bite rule” and animus revertendi with the insight and intensity expected from a world renown canine academic. Continue reading “Professor Luna Teaches Animal Torts at GWU Law School” →

Politics, Religion, Society

The New Barbarians: Pundits Raise Alarm Over the Sacking of the Beltway by Good Intentions

There is a palpable level of panic that seems to have taken hold of Washington this week. Establishment figures are raising the alarm over the rise of dangerous figures as if they are the barbarians at the gate before the sacking of Rome in 410. The threat is coming from both parties in the form of the new Speaker Mike Johnson and Democratic presidential candidate Robert Kennedy Jr. They may be the worst type of barbarians because they came to this city with the best of intentions. Continue reading “The New Barbarians: Pundits Raise Alarm Over the Sacking of the Beltway by Good Intentions” →

Columns, Criminal law, Politics

The Non-Denial Denial: David Weiss and Prosecutorial Nihilism

Below is my column in The Hill on the long-awaited interview of Special Counsel David Weiss with House investigators. As expected, Weiss refused to answer most of the questions, but seemed perfectly Nietzschean in explaining obvious conflicts between the accounts of whistleblowers and the Attorney General.

Here is the column:

Continue reading “The Non-Denial Denial: David Weiss and Prosecutorial Nihilism” →

Media, Politics

Flight Risk: NBC Warns Viewers that DeSantis Did Not Personally Fly Back Americans from Israel

Yesterday, we discussed NBC’s bizarre comparison of Hunter Biden’s multimillion dollar alleged influence peddling to Nikki Haley’s daughter’s use of TikTok. The comparison was made to hit Florida Gov. Ron DeSantis. That target is notable due to another equally bizarre “fact check” by the network where the company suggested that DeSantis half lied when he claimed to have arranged the removal of hundreds of American citizens from Israel. The network said it was only “half true” because someone else flew the planes, DeSantis only supplied the money. I kid you not.

Continue reading “Flight Risk: NBC Warns Viewers that DeSantis Did Not Personally Fly Back Americans from Israel” →

Columns, Congress, Criminal law, Politics

The House ‘Concentrates the Mind’ of Hunter Biden with a Game-Changing Subpoena

Below is my column in the Messenger on the issuance of House subpoenas to the Biden family, including Hunter Biden. The move dramatically changes the profile of the investigation and the perils for the Biden family. After these subpoenas were issued, the House also subpoenaed an array of Biden associates connected to his alleged influence peddling or his art sales. After following the transfer of millions in foreign money, the Committee is drawing closer to the epicenter of the Biden family.

Here is the column: Continue reading “The House ‘Concentrates the Mind’ of Hunter Biden with a Game-Changing Subpoena” →

Media, Politics

NBC Compares Criticism of Hunter’s Influence Peddling to Haley’s Daughter’s TikTok Posts

We have often discussed (and even marveled at) the determined effort of mainstream media to ignore the evidence of a massive corruption scandal surrounding the Biden family. However, even at this late date, NBC seems to have achieved singular distinction with a comparison between the criticism of the daughter of Nikki Haley for using TikTok and the criticism of Hunter Biden for influence peddling. Continue reading “NBC Compares Criticism of Hunter’s Influence Peddling to Haley’s Daughter’s TikTok Posts” →

Res ipsa loquitur – The thing itself speaks