Bring on the Generals: Roughly 60 Percent of Polled Democrats Would Support a Military Coup

Federal Court Orders Reinstatement of CNN, MS NOW, and Politico at White House

Judge Timothy Kelly, a Trump appointee, issued a Temporary Restraining Order yesterday in CNN, Inc. v. Trump to restore the access of CNN, MS NOW, and Politico to the White House. As I previously explained, it was the only decision that he could make in light of controlling precedent from the D.C. Circuit in Sherrill v. Knight (D.C. Cir. 1977). The White House will have to get either the D.C. Circuit to overturn the long-standing precedent or get the Supreme Court to do so. Neither is likely. Continue reading “Federal Court Orders Reinstatement of CNN, MS NOW, and Politico at White House” →

Second Shot at the Second Amendment: Could Heller Be Undone by an Errant Qualifier?

Many of us are gearing up with columns previewing the Court’s October term and have highlighted the upcoming arguments over bans on AR-15s and semiautomatic weapons out of the Seventh Circuit in Chicago (Viramontes v. Cook County) and the Second Circuit in New York (Grant v. Higgins). In a recent column, Professor Rory Little suggests that these cases will strike at what he considers a glaring flaw in the Heller decision that recognized the individual right under the Second Amendment. Professor Little repeats a common claim about Heller that some of us have challenged. I wanted to briefly address that controversy again. Continue reading “Second Shot at the Second Amendment: Could Heller Be Undone by an Errant Qualifier?” →

From Holdout to Hunted: Kevin Reddington Seeks Phone Records and Interview with Holdout Clancy Juror

Defense attorney Kevin Reddington appears to be moving from zealous advocacy to virtual stalking in the Lindsay Clancy case. Reddington is seeking phone records, surveillance, and criminal records of Michael Desronvil, the now-identified juror who held out in the 11-1 hung jury decision. Reddington’s demand follows his unprofessional attack on the juror on the courthouse steps after the trial. Continue reading “From Holdout to Hunted: Kevin Reddington Seeks Phone Records and Interview with Holdout Clancy Juror” →

Fake News or Viewpoint Discrimination: Can the President Ban Disfavored Media?

The Trump Administration is rushing to prepare for a fight that few knew was coming after President Donald Trump banned Politico, CNN, and MS NOW from the White House for spreading “fake news.” I understand the President had been planning this step for over a year, but he announced it with little notice to his staff. What will follow could be one of the most consequential fights over press rights in decades… and the odds are against the President. Continue reading “Fake News or Viewpoint Discrimination: Can the President Ban Disfavored Media?” →

Unpacking the Narrative: The Supreme Court Remains a Court of Consensus

Below is my column in the New York Post challenging the narrative of the Supreme Court as hopelessly ideologically divided. As the Court heads into the October Session, it remains a court of consensus on the vast majority of cases. While this false narrative is central to the push to pack the Court, the statistics belie the claims of critics.

Here is the column: Continue reading “Unpacking the Narrative: The Supreme Court Remains a Court of Consensus” →

Palestinian Activist Defaces Churchill Statue and Boasts About it in Court…British Jury Finds Him Not Guilty

Winston Churchill, an avid painter, always said that “audacity” is the key to every artist. If so, Caspar San Giorgi, 39, has a good start on an artistic career in Great Britain. The Palestinian activist, who is reportedly Dutch and also goes by the name of Olax Outis, took a ladder and a box of spray paint in February to deface the famous statue of Churchill in Parliament Square. Despite his admitting to the crime and rejoicing in it, a British jury just found him not guilty in a blatant act of jury nullification. Continue reading “Palestinian Activist Defaces Churchill Statue and Boasts About it in Court…British Jury Finds Him Not Guilty” →

The Purge: Princeton Faculty Reach Perfect Zero in Support for Republicans

We recently discussed how Yale faculty reached academic nirvana after years of purging departments of conservatives and Republicans. The university finally showed zero political donations to Republicans. Now Princeton can claim that it has succeeded in a similar cleansing, according to a new study by Princetonians for Free Speech (PFS). The study shows that 98% of political donations went to Democrats or Democrat-affiliated groups and 0% went to Republicans or affiliated groups. Continue reading “The Purge: Princeton Faculty Reach Perfect Zero in Support for Republicans” →

F— Around and Find Out”: Krasner Referred to U.S. Attorney for Criminal Investigation

Below is my column in the New York Post on the referral of Philadelphia District Attorney Larry Krasner for possible criminal prosecution by a federal judge. Judge Paul Diamond is only the latest jurist to reach the breaking point with Krasner, who has used a mix of rage and race politics to stay in office.

Here is the column: Continue reading “F— Around and Find Out”: Krasner Referred to U.S. Attorney for Criminal Investigation” →

Sen. Paul Introduces Birthright Citizenship Amendment

Yesterday, I had the pleasure of speaking at the Constitution Day event at James Madison University about “Rage and the Republic.” and various constitutional issues. During the event, organized by the James Madison Center on Civic Engagement, one student asked me what I would change about the U.S. Constitution. I said that I would amend the Constitution to eliminate birthright citizenship, as have other nations who once followed this ill-considered practice. Well, Sen. Rand Paul (R., Kentucky) has wasted no time. He just reintroduced his bill to ban birthright citizenship. Continue reading “Sen. Paul Introduces Birthright Citizenship Amendment” →

Self-Defense or Reckless Homicide? Indiana Homeowner Arrested After Shooting Alleged Felon

In my torts class, we just discussed the privilege of self-defense, the Castle Doctrine, and statutory Stand Your Ground laws. There is a new case out of Indiana where Martell Pickens, 30, is facing reckless homicide charges for the shooting of Khadolphee Taylor, 25, outside his Fort Wayne home. The case shows the conflicts that arise in the application of both common law and statutory privileges in the use of lethal force.
Continue reading “Self-Defense or Reckless Homicide? Indiana Homeowner Arrested After Shooting Alleged Felon” →

The Dangerous Evolution of Gavin Newsom

Continue reading “The Dangerous Evolution of Gavin Newsom” →

A Stunning Case in the Making? The Supreme Court Orders New York to Respond in Second Amendment Case

Res ipsa loquitur – The thing itself speaks