Columns, Constitutional Law, Criminal law, Free Speech, Politics

Shell Speech: Why the Second Comey Indictment is Likely to Fail

Below is my column on Fox.com on the second indictment of former FBI director James Comey. Despite being one of Comey’s longest critics, the indictment raises troubling free speech issues. In the end, it must be the Constitution, not Comey, that drives the analysis and this indictment is unlikely to withstand constitutional scrutiny. If it did, it would allow the government to criminalize a huge swath of political speech in the United States.

Here is the column:

Continue reading “Shell Speech: Why the Second Comey Indictment is Likely to Fail” →

Columns, Constitutional Law, Courts, Politics, Society

“Incredible, Unstoppable Titan of Terror!”: The Lobster That Devoured Virginia’s Constitution

“Incredible, unstoppable titan of terror!” Those words advertising the 1954 movie Godzilla could be the billing of a new freakish giant stretching across the sleeping farm fields of Virginia. Now in a court near you is The Lobster, a monster over 100 miles long. The only saving grace is that this creature only devours Republicans, leaving roughly half the state with virtually no representation in Congress. Continue reading ““Incredible, Unstoppable Titan of Terror!”: The Lobster That Devoured Virginia’s Constitution” →

Criminal law, Media, Politics, Society

A Nation Divided: The Chilling Embrace of Political Violence in the United States

We are seeing increasing support for violent action across social media, including those lamenting that the recent presidential assassination was not successful. Conservative sites have been featuring teachers and others who were upset that the recent effort failed, including one who has now lost her job. The current violence and violent rhetoric have been building for years as our leaders fuel the rage in the nation.

Continue reading “A Nation Divided: The Chilling Embrace of Political Violence in the United States” →

Columns, Criminal law, Media, Politics, Society

The Moral Malaise: The New York Times Makes the Case for “Microlooting” to Murder

Below is my column in The Hill on the recent New York Times podcast exploring the justifications for crimes ranging from theft to murder. The podcast with radical Hasan Piker, the New York Times Opinion Culture Editor Nadja Spiegelman, and New Yorker writer Jia Tolentino captured the moral relativism that has taken hold of the left in American society. Reading the manifesto of the accused White House Correspondents Association Dinner shooter Cole Tomas Allen shows the ultimate expression of a society where rage has replaced morality and decency.

Here is the column: Continue reading “The Moral Malaise: The New York Times Makes the Case for “Microlooting” to Murder” →

Columns, Constitutional Law, Media, Politics

“Let’s Get Ruthless”: Bulwark’s Bill Kristol Suggests Illiberal Means Are Needed to Save Liberal Democracy

Below is my column on Fox.com discussing the most recent call to be “ruthless” and to pack the Supreme Court. It is only the latest call for fundamental changes in our system on the 250th anniversary of our revolution.

Here is the column: Continue reading ““Let’s Get Ruthless”: Bulwark’s Bill Kristol Suggests Illiberal Means Are Needed to Save Liberal Democracy” →

Columns, Media, Politics, Society

“Racial Profiling” or Race Baiting? Tom Steyer’s Illiterate Take on English Proficiency

Below is my column in the California Post and New York Post on the recent claims made by Democratic candidates in the debate for California’s governorship. As expected, the race-baiting rhetoric flowed from each of the Democratic candidates, including a claim that requiring English proficiency is “racial profiling.”

Here is the column: Continue reading ““Racial Profiling” or Race Baiting? Tom Steyer’s Illiterate Take on English Proficiency” →

Columns, Constitutional Law, Politics

“I Don’t Hear You Answering My Question”: Virginia Attorney General Jay Jones Punts on Whether Redistricting Language Passes Constitutional Muster

As Virginia heads to the state Supreme Court, Virginia Attorney General Jay Jones (D) will have to up his game a bit. For starters, he will have to actually defend the redistricting resolution as constitutional when prompted.  In a recent interview with CNN, even the host of the friendly network expressed frustration that Jones could not seem to get himself to actually defend the dubious language of the ballot measure. Continue reading ““I Don’t Hear You Answering My Question”: Virginia Attorney General Jay Jones Punts on Whether Redistricting Language Passes Constitutional Muster” →

Free Speech, Politics, Uncategorized

More Heat Than Light: UCLA Students Disrupt Federalist Society Event

The slogan of the University of California, Los Angeles (UCLA) may be “Let there be light,” but a recent Federalist Society event produced more heat than light in the law school. Students and faculty wanted to hear from James Percival, general counsel of the Department of Homeland Security, on a host of issues. However, students organized to prevent others from hearing from Percival, who was drowned out by profanity and cellphones at the event. Continue reading “More Heat Than Light: UCLA Students Disrupt Federalist Society Event” →

Constitutional Law, Criminal law, Free Speech, Politics, Torts

The SPLC Indictment: Can Public Interest Groups Run Alleged Black-Bag Jobs and Confidential Informants?

The indictment of the Southern Poverty Law Center on federal fraud charges this week is the start of what could become not just a major criminal prosecution but a major constitutional challenge. At issue is whether the Center’s secret operations to enlist and pay informers constituted fraud of its donors. Continue reading “The SPLC Indictment: Can Public Interest Groups Run Alleged Black-Bag Jobs and Confidential Informants?” →

Columns, Free Speech, Lawyering, Politics

The Disbarment of John Eastman: The California Bar Bags a Trump Lawyer and Leaves Troubling Questions

Below is my column in the California Post and New York Post on the disbarment of John Eastman. I criticized the January 6th speeches while they were being given and disagreed with the legal theories presented to stop the certification. However, this action leaves troubling questions of consistency and clarity in the standards used to judge lawyers presenting novel or controversial legal arguments. It also is likely to have a chilling effect on the exercise of free speech by lawyers.

Here is the column: Continue reading “The Disbarment of John Eastman: The California Bar Bags a Trump Lawyer and Leaves Troubling Questions” →

Academia, Columns, Politics

“Civic Action Requires More Than Textbooks”: Chicago to Subsidize May Day Protests By Teachers

The Chicago Public Schools are facing a major truancy problem…among teachers.

The Chicago Teachers Union (CTU) was up in arms over suggestions that classes should be held on May 1 when teachers wanted to be out protesting. Called International Workers’ Day, May Day is a global day of protest for socialist, communist, and unionist groups. Continue reading ““Civic Action Requires More Than Textbooks”: Chicago to Subsidize May Day Protests By Teachers” →

International, Politics

“Use the Momentum”: The EU Moves to Destroy the Last Vestiges of National Sovereignty

Below is my column in The Hill on the defeat of Viktor Orban. There was good-faith criticism of Orban as autocratic. However, the irony is that Hungary may have now cleared the way for the final stage of the European Union in overruling individual nations and their citizens on core policies.

Here is the column: Continue reading ““Use the Momentum”: The EU Moves to Destroy the Last Vestiges of National Sovereignty” →

Columns, Criminal law, Lawyering, Supreme Court

Protecting the Plate: Chief Justice Roberts Faces Two Strikes After New Leak Rocks the Court

The legendary baseball player and manager Ted Williams once wrote a letter to the Angels outfielder Jay Johnstone on improving his hitting. Among his pieces of advice was that “with two strikes, you simply have to protect the plate.”

Williams’s advice on not striking out came to mind this week when another leak of confidential information rocked the Supreme Court. (The prior leak of the Dobbs decision went unsolved). For Chief Justice John Roberts, the message is clear: it is a time like this when you have to protect the plate. Continue reading “Protecting the Plate: Chief Justice Roberts Faces Two Strikes After New Leak Rocks the Court” →

Politics

Spanberger Signs Unconstitutional Bill to Strip Confederacy-Linked Groups of Tax Exempt Status

There has been growing criticism (and falling poll numbers) of Virginia Governor Abigail Spanberger after she ran as a moderate and then immediately veered to the far left after her election.  Once in power, Spanberger and the Democrats unleashed a slew of tax increases, moved to eliminate all but one Republican district in the purple state, passed an array of anti-gun laws, and enacted other controversial measures. One of these measures is a clearly unconstitutional effort to strip pro-Confederate groups of their tax exemption. Continue reading “Spanberger Signs Unconstitutional Bill to Strip Confederacy-Linked Groups of Tax Exempt Status” →

Congress, Constitutional Law, Politics

“F**k It…Just Do It”: Carville Lays Out Democratic Plan to Add States and Pack the Court To Retain Power

Various Democrats have been openly discussing their plans after retaking power to change the system so they never lose power again. Democratic strategist James Carville has been one of the most vocal and returned to the subject this week in laying out how they will make D.C. and Puerto Rico states and pack the Supreme Court with a liberal majority. Continue reading ““F**k It…Just Do It”: Carville Lays Out Democratic Plan to Add States and Pack the Court To Retain Power” →