A Fool To Your Lawyer: Dual Murder Defendant Represents Himself Into Rapid Conviction

YouTube ScreenshotIt is frequently said that”He who represents himself has a fool for a client.” This adage was most evident this week at Florida as Ronnie Oneal III represented himself to some rapid double murder conviction. Judge Michelle Sisco reportedly told Oneal”I need to inform you, I believe in another life, you’d happen to be an outstanding attorney.” But, it had been difficult to discern that natural gift after Oneal shouted at jurors in his opening statement and went on to acknowledge open court .  In fairness to Sisco, she had been attempting again to convince Oneal to accept counsel, especially because he moves to the sentencing phrase where he could be sentenced to death.

Oneal lashed out at the authorities in front of the prosecution for the things he said “some of their most vicious, lying, fabricating, fictitious authorities you ever seen.” He assured that the prosecution”I seem alone. However, I’m backed by a powerful God.”
The evidence against Oneal was overwhelming and chilling. Then he allegedly used a hatchet to kill his 9-year-old daughter and wounded his son, then 8, using a knife. His daughter had cerebral palsy and could not speak.  Then he set the house on fire.
His son saw that the murders committed. When he had been pulled from the house, he informed authorities”My daddy killed my mum.”
The most gut-wrenching moment in the trial came after Oneal cross examined his son, who a police officer has reportedly adopted. Oneal asked”Can I hurt you the night of the incident?” He son said”Yes.”  Oneal subsequently asked”How did I hurt you?” The boy just replied,”You chased me.”
There was likewise a 911 call from Barron in which she sought aid as Oneal yelled in the background.
1 key element to your criminal defense isn’t to announce your customer’s guilt in open court.  However, Oneal did precisely that if he informed the jury”I want you to understand the real facts. I did kill Kenyatta Brown. However, I want you to tell it as it is, if you’re going to tell it.”
After that he was quickly convicted, Judge Sisco tried valiantly to convince Oneal to accept a Attorney, including an appeal to his own vanity:

“As you’re aware, it gets no more serious for practically any defendant in any criminal court in this country than what it is that you’re facing now. I’m going to strongly encourage you to look at allowing counsel to now step in and reflect you. I need to inform you, I believe in another life, you’d happen to be an outstanding attorney. … But, as we move into penalty phase, I really am going to strongly encourage you to allow counsel to now step in and reflect you.”

Oneal may nevertheless choose to do so but his decision to represent himself might shorten any appeals according to his own trial mistakes. The Constitution rarely protects against untoward impacts and admitting that you just had an incompetent attorney is harder when you are that attorney.…

“Your Unethical Nature”: Northwestern Journalism Professor Trashes Columnist For Waiting For Your Facts On Police Shooting

There’s an Intriguing Struggle playing out on the pages of the Chicago Tribune on the coverage of Murdering Adam Toledo. 

We previously discussed the shooting Toledo after police responded to a shooting and the suspension using a prosecutor who noticed that Toledo had been armed. In a June 18 column,  Tribune columnist Eric Zorn defended his policy in April that it”was too soon to draw conclusions” He especially responded to Steven Thrasher, the Daniel H. Renberg Chair of societal justice in reporting at Northwestern, who trashed him to get his circumspection and insisted he had been excusing the murder of a kid and it’s’never too early’ to presume they’re worthy of murder”  Thrasher’s opinion of ethical journalism was on screen in Fort Lauderdale this week after its mayor declared that a tragic accident involving an older driver was a act of murder and terrorism by anti-LGBT forces. In addition, he thought that it is never too soon to announce murder.
Many people who grew up in Chicago are knowledgeable about the Latin Kings, that will be a massive criminal association which often uses children to hold guns since they’re subject to lower potential criminal penalties. Roman is facing felony charges of reckless discharge of a firearm and illegal use of a weapon by a felon as well as child endangerment and violating probation.
This incident occurred around 3 a.m., when two Chicago police officers confronted 13-year-old and Roman when exploring gunshots in Little Village.  According to prosecutors, Roman had fired a gun at a passing car. Roman was rumored to be a part of the Latin Kings.  Even the Chicago Police Union president also alleged that Toledo has been a famous member of the Latin Kings.
After Zorn composed that we will need to analyze the evidence, including the videotape, he”was also once branded a racist and a creature whose own children ought to be killed so I would know how it feels” He specifically discusses the strikes from Thrasher who tweeted that he was canceling his Tribune subscription because”there is no area in a newspaper for asserting to the murder of a kid, and that it’s’not too premature’ to think they’re worthy of murder”
When Zorn later wrote to Thrasher regarding the unfairness of his opinions and the calls from many that he should be fired for attempting to find the signs, Thrasher reacted:”Your voice create the murder of children more prone, and I have no interest in youpersonally, your unethical nature, your cynical worldview, or in communicating with you”
This really can be a journalism professor who is referring to Zorn’s”unethical character” for wanting to await the facts of a narrative to grow before announcing that it had been murder.
The column ran following a similar controversy unfolded in Fort Lauderdale, Florida by which an individual was killed and others injured with a Dodge Ram that turned into a crowd at a homosexual pride event. Without waiting for any facts, Ft. Lauderdale Mayor Dean Trantalis rushed to the nearest camera to announce a”terrorist attack against the LGBT community.” Although most mayors seek to voice the demand for investigation and calm, Trantalis desired to be the first to denounce anti-gay dread.
As was immediately verified, the motorist was a 77-year-old man who had been physically not able to walk in the parade and has been permitted to push because the direct vehicle. Since the parade was going to begin when the 2011 white Dodge Ram unexpectedly accelerated to the audience.
Consider this: Trantalisa politician, is closer to that which Thrasher considers a real and ethical journalist compared to the …

Biden’s Bad Run: Why Is Your Biden Administration Doing Worse Than The Trump Administration In The Courts?

Below is my pillar at the Hill on the rising quantity of losses by the Biden Administration in courts across the nation, including a particularly embarrassing reduction ahead of the United States Supreme Court. What’s notable is that such reductions in the early days of the Trump Administration resulted in coverage declaring a war on the”rule of law” and even signs of authoritarianism. The Biden declines have received little coverage despite what might be a worst record in the early days of his Administration. The simple fact is that such adverse decisions are not uncommon as Administrations try to quickly track fluctuations. On the other hand, the Biden Administration has had any very severe declines, including a number which have been appealed. However, many formerly outspoken legal experts have either blamed conservative judges  simply discounted the losses . It’s a continuation of an interesting pattern in which Democrats are adopting the rationales that they denounced.
Here is the pillar:

President Biden repeatedly styled his effort and his government as protecting”the rule of law” following what he and others depicted as the lawless reign of President Trump. The picture of Biden as restoring the Justice Department right into the good graces of this law enforcement and the courts is reinforced frequently in the press.
What’s not being as fully reported is that Biden really has awakened a litany of noteworthy court losses that may now exceed those of his predecessor in his initial six months. Indeed, the Biden government was proven to have violated the Constitution in a surprising selection of instances in a very short time period.
Across the nation, trial courts have been discovering constitutional violations by the Biden government in regions ranging from immigration to the environment to pandemic relief. The government actually started with the identical court record as the Trump government, which lost a historical obstacle for the travel ban. Biden also lost a critical immigration fight when a national court enjoined his 100-day moratorium on deportations.  Within an 105-page view, the court found that the administration omitted”any logical explanation grounded in the details reviewed and the factors known as” and abandoned just”a random and capricious choice” of the president in this early immigration arrangement. Sound familiar? It should: This was the identical argument used against Trump.
Back in Wisconsin, a national court stopped Biden’s contentious $4 billion race-based national relief program for farmers following discovering that he was participating in systemic racial discrimination. The court found that”the only factor in determining whether a person or rancher’s loans ought to be totally forgiven is the individual’s race or national origin” As such, farmers have been also found to be more”experiencing discrimination in the hands of their government.”

Back in Louisiana, a federal court enjoined the government from carrying out its stopping of oil and gas leases, discovering that Biden’s unilateral actions violated the separation of powers under the Constitution.
The court rejected the administration’s sweeping claims of crab jurisdiction, a view taken by additional (although not all) courts in a dispute that could go to the Supreme Court.
This week, a federal judge in Florida ruled against the government and held that the CDC cannot dictate principles for cruise ships. The court found the administration is exceeding its constitutional authority.
These rulings contrary to the Biden government came in the exact regions covered extensively by the media during the Trump government, including indications of constitutional violations and discriminatory practices. When early rulings were issued against Trump, legal and media experts announced that a war on the rule of law originated, or even the onset of tyranny. …

New Emails Show Unsuccessful and Unrelenting Pressure on Barr and Rosen from Trump to Intervene in the Election

What’s astonishing is the degree to which these pressures continued in the brief interval in which Rosen served as acting Attorney General in the final days of the Administration.
The emails given to the House Oversight Committee show how Barr refused to give credence to the electoral fraud claims of people like Rudy Giuliani prior to Trump compelled him out in the waning days of the Trump Administration. The strain was then caused Rosen to perform exactly what Barr refused to perform including submitting a complaint drafted by the Trump legal group. The stress has been highly unsuitable and Rosen continued the position of Barr in denying particular attempts.
When Barr was pushed by Trump after general strikes, it appeared entirely unnecessary and unworthy.   After all, there were only a couple of days left to the Administration. However, it currently seems that Trump counselor used the substitution to resume the strain for an intervention. A number of the emails reference the concept which Dominion Voting Systems were used to change votes and the more recently discussed concept which Italy was using satellites and military technology to change votes.
The strain Rosen came from a number of sources, including Trump’s chief of staff, Mark Meadows, who requested about investigating the satellite allegations.   He advised them to utilize the FBI tip line — a proposal that Rosen recounted was viewed as”insulting” by Giuliani.   It was a crystal very clear message that there would be no back channel to the DOJ.
What’s troubling is that the strain on Rosen began as soon as Barr declared his resignation for later that month.   This included the shipping of a draft complaint for the Justice Department to file to”declare that the Electoral College votes cast” in both battleground states that Trump lost”can’t be counted.”   The draft has been reportedly sent to Acting Solicitor General Jeffrey Wall and can be exceptionally uncommon and, in my opinion, highly unsuitable.   1 email leaves no matter where the pressure is coming from, saying”As I said in our call, the President of the United States has witnessed this complaint, and he led me to brief AG Rosen in person now and talk bringing this activity,” he wrote in 1 email. “I’ve been instructed to report back on the President this day after this assembly”
Not merely do the emails further vindicate Barr within this protection of the ethics of the Department but also the disclosures follow Attorney General Merrick Garland embracing some of the Barr positions formerly denounced as uncooked political abuses by authorized experts on networks like CNN and MSNBC.
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Father’s Day With Mother Nature About The Billy Goat Path

I did my habitual sunrise increase this afternoon on Billy Goat Path and it was like walking through a Monet using a thick fog over the river and rocks.  It was truly enchanting.  I expect all our dads have a terrific time now.  We started our parties early night (and watched the movie”Eddie the Eagle”) and will continue now.  Leslie is making me one of my favorite Pasta Carbonara (with pancetta) dishes together with tonight.
Listed below are a Couple of images this sunrise out of Billy Goat trail:…

E Pluribus Unum: The Supreme Court Continues to Defy along with Debunk its Founders

Below is my column from USA Today on the unusually united and non-ideological line of cases handed down by the Supreme Court.  As Democratic leaders need to package the Court to create a liberal majority, the Court itself seems to be talking through those cases.
Here’s the pillar:

The Supreme Court has finally handed down two of the five”blockbuster” remarks of the phrase with rulings about the Affordable Care Act and religious rights. The most striking feature of the choices was the lack of ideological divisions. Indeed, the case on religious rights is yet another unanimous decision from a Court which President Joe Biden has declared”out of whack” and Democratic leaders have declared hopelessly divided along ideological lines.
This week reflected the final collapse of this false narrative that has been endlessly repeated as a headline in Congress and the press.
During the circus-like verification hearing of Amy Coney Barrett, Democratic senators surrounded the room with giant pictures of people who’d lose their healthcare as a result of her nomination. Many senators and legal analysts insisted Barrett was clearly chosen to kill the ACA.Democratic senators pummeled Barrett with stories of people who might die as a result of her nomination and portrayed her as a craven, heartless ideologue selected to take away health care for millions.
It was not a matter of whether but when according to members like Sen. Mazie K. Hirono (D., HI) who announced she’d vote against Barrett since”she’ll vote to fall down the Affordable Care Act.”

At the moment, I objected that the storyline was wildly off-base and there was small chance that the majority of the justices would utilize the case to strike down the act. On the opposite, the act was likely to be decided on technical grounds on either status or severability. Additionally, I mentioned that, if anything, I’d expect Barrett to rule contrary to striking the act in this case.She did so and combined in the 7-2 decision.
This was never a plausible narrative but it didn’t matter to the Democratic members. They wanted that Barrett assure them that she’d vote for the ACA from case — a dangerous and raw demand for a warranty on a pending case for a condition for confirmation.  Despite treating her as a virtual judicial serial killer, none will likely apologize or even comprehend the unfair treatment in the confirmation hearing. It was after all just politics in an age of anger.
Arguablythe most important of the”large ticket” instances was Fulton v. Philadelphia about whether a Catholic adoption agency might be forced to help LGBT couples when these adoptions countermand religious beliefs. The Court delivered a 9-0 decision in favour of the Catholic charity and held that Philadelphia had been breaking up the free exercise clause of this Constitution in requiring adherence to the town’s non-discrimination policy.
Spiritual liberty maintained in court
Writing for the Court, Chief Justice John Roberts held”The refusal of Philadelphia to Deal with CSS for the provision of foster care providers unless it succeeds to certify same-sex partners as foster parents…violates the First Amendment.”
It is a significant win for religious rights and the Court spoke as you in reversing the lower courts having a strong majority opinion and concurring opinions. It also adds strength to other pending cases, such as yet another instance between the Masterpiece Cakeshop from Colorado to create biscuits celebrating LGBT occasions.
After winning a narrow choice before the Supreme Court in 2018, Jack Phillips was chased by critics to earn additional cakes and create the foundation for one more challenge.  They could regret that choice when Phillips …

In Front of the Shih Tzu: Professors Call for Hate Speech Protections to be Dull to Hens (Upgraded )

Drs. Josh Milburn and Alasdair Cochrane insist that such protections can help attain a”more benign human–animal relations in the society.”  The need for language criminalization is based on the view that”some animals do seem to have their social confidence eroded because of their awareness of the danger of violence”

We previously discussed the effort from PETA to terminate the use of animal references in pejorative comments. It involves the close of the usage of pig, chicken, rat, pig, snake and other references to”stand up for justice from rejecting supremacist language”

These two academics go further to demand actual speech crimes and controls to protect animals:

But, they don’t offer protection to nonhuman animals. Utilizing racist hate speech as our main example, we explore the discrepancy between the legal response to hate language targeting human groups and what could be called anti-animal or even speciesist hate speech….We therefore conclude that, absent a persuasive alternative argument, there’s no in-principle reason to support the censure of racist hate speech but not the censure of both speciesist hate speech”

What was striking me in the work is the reliance in the writings of NYU Professor Jeremy Waldron who I chased a couple years back at Rice University over his work in establishing address codes and crimes. That danger is obvious in this latest work.  The professors embrace Waldron’s notion of”group defamation” and the injury it causes to individuals in society. They then extend that notion to animals:

“the very best reading of Waldron’s theory must include specific animals within its own protective remit…several countries have enacted constitutional provisions for the interest of animals, a few of which explicitly recognise the’dignity’ of animals.But, again, none of these provisions admits that animals possess the Waldronian awareness of civic dignity: none views animals as possessing equal social status, membership, status, and rights. No community actually sees its animal residents as members of the society, and none recognises them as equals.”

The argument illustrates how language controls and crimes become an insatiable appetite for more and more regulation in maintaining what Waldron calls for a much better society. An increasing number of speech has been pulled into this vortex of criminalization and law.
As many know about that site, I’ve long known for greater protections for animals and the recognition wider of animal rights. This includes better standing to assert for relief in court on behalf of these animal pursuits. But, I’m also a free speech advocate. Indeed, academics like Waldron probably see me as something of a extremist in my right. I admit I oppose many regulation and criminalization of language. I’m a free speech dinosaur in which sense. Conventional free speech worth are certainly out of trend among academics.  I believe in largely unfettered free speech, especially for statements created off campus or outside of a classroom. I seriously don’t feel that these creatures are hurt by such comments but I know that free speech will probably be further hurt by their own criminalization.
The danger is really not a lineup of awakened Weimaraners since this actually protects the sensibilities of people.  Indeed, it may be an odd type of anthropomorphism in supposing hurt feelings which people might have. Animals can clearly feel anger and disapproval.
There’s a point about such phraseology but I favor Dr. Doolittle’s variant:

You can read the analysis here.
Update:
Soon following this column has been published, I got a pragmatic and qualitative response from Professor Milburn.  Together with his approval, I could including that response to this posting so that readers know the place of the writers. I love his …

Confounding Its Critics: The Supreme Court Issues A Line Of Inconveniently Non-Ideological Opinions

Fred Schilling, US Supreme CourtBelow is my column in The Hill on decisions issued by the Supreme Court in recent weeks and the way in which they’ve functioned as a retort to people who are calling for court packing or significant changes from the institution. As mentioned below, we hope to see additional ideological branches emerge and next week in some of the exceptional”large ticket” choices. However, the Court appears to get front-loaded a lineup of cases refuting the arguments it is dysfunctionally and hopelessly divided along ideological lines.  Todaythe Supreme Court issued two more nearly unanimous decisions (with only Justice Sotomayor concurring and dissenting in part in both conclusion ). The choices had been Terry v. United States and Greer v. United States.
Here is the pillar:

Truly, the court is supposedly so dysfunctionally split that several, such as Democratic leaders, who have called for sweeping changes — from packing the court with new justices into changing its voting principles or even making an alternative court.
That’s exactly why these weeks have frustrated individuals who insist that the court is a hopeless situation of rigid ideologues. While next week could well bring some welcomed ideological divisions, the court is not making it simple on its critics.
Liberal Justice Stephen Breyer lately chafed at the claim that the court is”conservative” and condemned the calls to pack it with a liberal majority. A liberal bunch,”Demand Justice,” reacted with billboard ads calling Breyer’s resignation and warned him that he was risking his legacy. But, Breyer looks favorably in judgment together with his conservative colleagues once he considers that to be correct.
In the latest choice, Borden v. United States, the lineup of justices was strikingly nonideological.
Last week, the decision in Van Buren v. United States has been a majority of 3 liberals and 3 conservatives. If that’s the case, the senior justice was Breyer; he imputed to his conservative colleague Justice Amy Coney Barrett, who wrote for Justices Breyer, Sotomayor, Gorsuch, Kagan and Brett Kavanaugh.  Though he was on the other side in Van Buren, Justice Thomas joined his liberal colleagues at Borden.
These decisions follow a litany of unanimous conclusions from the court, which appears to be sending out a message in the timing of the launch of its own opinions: The justices do not rule on cases to send messages to Congress, but they really do control what instances are approved and if those decisions are released. It’s hard not to see the last few weeks as a type of judicial”harrumph” into the ongoing calls for court packing. While we expect more ideological splits in a few upcoming cases, these circumstances reaffirm that they’re not so stiff or”hopelessly divided” as Allied leaders and other critics have implied.
Within a op-ed for The New York Times, the scientist Kent Greenfield argued that”the Supreme Court has become overly stern and unbalanced to trust it with choosing the most important issues of the day.” Greenfield involves the institution of a constitutional court that will strip the Supreme Court of their capability to rule on these questions because”that the Supreme Court needs a breather.”  That breather would last only 20 years — just enough time to shift the court’s bulk.
That fate may still expect the court. The telephone call to pack today’s seat was not about reforming but regarding rigging the institution. Former Rep. Joe Kennedy III (D-Mass.)  Once tweeted,”If [Mitch McConnell] holds a vote in 2020, we pack the court in 2021. It’s that easy.”
Harvard professor Michael Klarman and many others have not been subtle about the necessity to pack …

Fairfax Board Member Rails Against The Dangers Of”Excessive Individualism” In High School Graduation Speech

There has been a great deal of controversy over the graduation address of Fairfax County school board member Abrar Omeish into the Justice High School in Falls Church on June 7th. In her remarks to the scholars, Omeish commended a teacher that left social activism part of her class and warned that the graduates that they are going into a world filled with racism and white supremacy. But what really struck an authentic libertarian chord was that the third threat that she cautioned:”excessive individualism.”  Like free speech, individualism is currently being presented as a threat as opposed to a power in our society.

Omeish is a powerful speaker that moved between English, Spanish, and Arabic in her address. But many parents whined in Fairfax (in which I live) into the material of their remarks. She labeled those who don’t agree with all the activism schedule as efficiently opposing anti-racism values:”You know that social justice isn’t only political for those that could afford to dismiss it. You know that’neutral’ is just another phrase for complicit. And you’ve made a decision to take a stand” She encourage the students to remain activists and chase”jihad” because”we battle with human greed, racism, intense variations of individualism and capitalism, white supremacy, developing prosperity gaps, disease, climate catastrophe, intense poverty amidst waste and luxury right next door. And the list continues.”

As we’ve previously discussed,”jihad” in Arabic doesn’t imply violent acts despite the common perspective of the term. It’s a reference to good acts or public service. There’s no reason to imply that this address was encouraging violent activity.  Instead, she declared”Every component of your being may scream in anger in others have wronged you,” but”let compassion for the fellow human beings, not anger or rage — and believe me this is tough to do — fuel you”
What stood out to me was that the reference to”intense variations of individualism.”  There was a time in which individualism had been viewed as a heart protection and worth from our society. Now it is often denounced because of damaging significance which frees more collective and communal priorities from fighting Covid-19 to racial justice.
For years, academics have lashed out in individualism as a barrier for people policy goals for example health care. On study over the”excesses of individualism” reasoned, for instance,”Libertarian individualism has produced political isolation and prevents the growth of democratic decision making and actual partnerships in healthcare.” Writers like Nick Romeo insist:

Radical individualism today retains this highly circumscribed notion of government’s function; the entire body politic — above all — serves to protect the security and the land of the individual. It’s a radical doctrine that suggests the political collective must not have any function beyond the protection of the individual.

The old belief of”rugged individualism” has become reactionary individualism for people fighting for a new collective consciousness.  The move from individualism brings to mind a quote from Pasternak’s Doctor Zhivago:

“The main misfortune, the root of all the bad to come, was that the loss of confidence in the worth of a person’s own opinion. People guessed that it was out of date to trace their own ethical sense, so they should all sing in chorus, and dwell by other people’s thoughts, ideas that were being crammed down everybody’s throat.”

Few could argue that there is no significance in collective actions and policies.  Individualism isn’t anarchy. The concern is that the strikes on individualism are coinciding with strikes on values like free speech.  There is a movement to induce adherence to accepted standards or values — and also a corresponding term for conflicting …

Rob Riggle Accuses Estranged Wife Of Potential Criminal Conduct

There is an interesting controversy in the information associated with preceding Daily Show”correspondent” Rob Riggle who appears to be in the middle of a divorce that produces the Depp-Heard divorce seem like an amicable split. The current reported discovery by Riggle of a surveillance camera raises a few interesting criminal and tort measurements to a divorce that seems to be snowballing out of control.

Riggle’s estranged spouse Tiffany is staying at the family’s big home with both kids during the divorce.  Riggle lately confronted her on $28,000 in emergency cash that was missing from his home office and she refused taking it.  He also says that he noticed that she was reporting solitude discussions along with his girlfriend and others.
Riggle said that he decided to make a false flag operation by saying things that were untrue in his home to see if they had been replicated in anonymous texts and emails that he had been receiving. They had been he searched his house. He says that he found a surveillance device hidden in a smoke alert and over 10,000 videos on the camera’s memorycard. Those recordings supposedly include among Tiffany installing the device in addition to sitting on the ground and counting cash that he asserts was the missing $28,000.
First and foremost, this could be a whale of a defamation case, if any of this is false.  He’s alleging potentially criminal behavior that could constitute per se defamation under law.
If true, the behavior would constitute both criminal and tort violations. Tiffany could argue that the currency was still part of the joint assets of the union. But if the cash is associated with his business or clearly part of the sole assets or estate, it would clearly constitute a significant felony of theft.
The camera would surely allow for a couple of torts. The first would be determined by if that information had been made public to satisfy the element of the tort of public disclosure of embarrassing private facts:

One who gives publicity to a matter concerning the private life of another is subject to liability on another for invasion of his privacy, if the matter publicized is of a kind that (a)  would be highly offensive to a reasonable individual, and (b)  isn’t of legitimate concern to the general public.
There is little question concerning that being highly offensive to any reasonable individual. Additionally, even though Riggle is a public figure, most courts are likely to question this as a matter of legitimate public interest in his talks with his girlfriend.
The second tort is clearly based on these facts if proven true: addition upon seclusion.
Under the Second Restatement, taxpayers could sue for violations of the intrusion on seclusion:

652B Intrusion Upon Seclusion

The house could be a portion of the joint property but Riggle’s house was understood as his secluded space, not available to his estranged wife. This looks likely given presence of the girlfriend. Riggle had an expectation of privacy and likely a right to exclude her out of the space. This could be challenged, obviously, when she’s had keys to the house, but she’s accused of secreting surveilling and videotaping her husband.
Again, the surveillance could be highly offensive to a reasonable individual. There is a division on these privacy torts among the nations. Some nations find a breach in the positioning of a camera or other recording device without anyone else visiting or seeing the plaintiff with the device. Watch e.g. Hamberger v. Eastman (N.H. 1964); Hernandez v. Hillsides, Inc. (Cal. 2009). Other states have taken the view that someone …

Northwestern Students Need Removal Of Trustee Chair By Presidential Search Due To Trump Support

We have been discussing the increasing intolerance for conservatives and Republicans on campuses across the country.  My alma mater, Northwestern University was increasingly intolerant as a college due in large part to the collapse of its own president and the government to protect free speech and diversity of perspectives.  Now the pupil has asked the college to eliminate the chairman of the board of trustees from a presidential search committee.  Especially, the students emphasized that Northwestern is now so overwhelmingly liberal which one conservative on the committee is threatening and offensive.
This was notably not some small minority of students or classes.  The Daily Northwestern reported”the bill with 17 votes in favor and one nay vote in the NU College Republicans senator.”
The objection was due to Martin’s $30,000 donation to Trump’s 2016 presidential election effort. Student senator Jo Scaletty advised the Daily Northwestern”He donated to Donald Trump that has shown significant sexism, racism, xenophobia, homophobia, transphobia.” The resolution specifically says:”time, the 2020 ASG survey shows that the median pupil at Northwestern identifies with a Left political ideology.”
So the students oppose a committee member that represents an opposing view. It is the ultimately example of perspective hegemony and bitterness. These students have been taught they should actively try to exclude opposing perspectives and they have a right to expect the faculty, and presidency, to liberal.
To their creditthey are more honest than many of the faculty.  Many faculty members are still unaware they’re not hostile to conservative or libertarian faculty candidates despite almost purging top faculties of these coworkers. Every time a conservative or libertarian scholar has been proposed, faculty members announce their job is not sufficiently intriguing or probative — precisely the exact same argument once employed against liberal professors. The prejudice against conservatives (such as on academic journals) is shocking and stifling but few faculty members are willing to acknowledge that the few of these faculty members is not a weird injury.
1 recent poll shows the already modest population of conservative and Republican students was cut by approximately half.  The Crimson survey covered over 76 percent of the Harvard College Class of 2024 and found that the class comprised 72.4 percent that self-identify as “very liberal” or”somewhat liberal.” Another Harvard study showed that 35 percent of conservatives believed they could discuss their perspectives on campus. Since faculties continue to obstruct the few remaining Republican and conservative college, there is an open source of these professors in books and conferences. At precisely the exact same time, traditional speakers are banned or opposed in speaking on campuses.  Academics have called for even more spacious and immediate form of universities of Republican faculty.  Others have called for banning these figures from campuses.   Blacklisting and banishments are now in fashion.
This is not the only assault on conservatives on boards lately. A University of Massachusetts Professor composed a column that universities are actually”Right-wing associations” He depended on the fact that many board members are CEOs or MBA holders.
What’s so chilling about this resolution is that it informs the over 70 million Americans who voted for Trump which they’re not welcomed at Northwestern.  In addition, it educates conservative or libertarian alumni they can give money to the college but they will not be taken in playing some part in forming the college.
Martin received a bachelor’s degree along with a J.D. degree from Northwestern. He worked as a lawyer at Kirkland & Ellis and has been chief executive officer of NL Industries. He founded the private equity firm, Platte River Ventures. These students of course don’t object to being the …

Politico Fact Bombs New York Times Over Criticism of Leak Prosecutor

The New York Times faced a stinging contradiction out of Politico this week after it ran a story besmirching the lead prosecutor in the leak investigation found under former Attorney General Bill Barr. The article is based on anonymous sources to claim that Assistant U.S. Attorney Osmar Benevenuto of this District of New Jersey has been brought in by Barr as a portion of his”small circle of trusted aides officials”  In reality, it seems that Benevenuto wasn’t initially selected by Barr and does not seem to have known him.

He moved a reliable prosecutor from New Jersey with little related experience to the primary Justice Department to work on the Schiff-related case and about a couple of others, based on three people with knowledge of his job who did not want to be identified talking federal investigations.
In February 2020, Mr. Barr put the prosecutor from New Jersey, Osmar Benvenuto, into the National Security Division. His background was gang and health care fraud prosecutions.

However, Politico ran a story that indicates that Barr did not know Benevenuto if he picked him February 2020. Rather, it states that Barr requested the U.S. Attorney for New Jersey, Craig Carpenito who advised Politico:

“The attorney general explained that he wanted somebody who was a seasoned prosecutor and was not afraid to make decisions. What he wished to know was whether or not there was anything to these investigations, if they should be closed or attracted,” Carpenito stated in an interview. “I advised him Oz Benvenuto was somebody that I trusted to give him an honest response and he has the expertise to distinguish the wheat from the chaff. … I also advised him Oz had the intestinal fortitude to give him a true answer: He would say,’no or yes. ”’

Benevenuto is a registered Democrat and, although it’s a fact that he did not formerly run a leak analysis, few prosecutors have. Instead, he was a seasoned prosecutor in cases which often involve significant reliance on searches of text and electronic communications.  He was made a federal prosecutor in 2012 by Paul Fishman, U.S. Attorney in New Jersey under Barack Obama.
The Politico article is full of compliments from career prosecutors and many others for Benevenuto’s autonomy and judgment. One of his former colleagues in the U.S. Attorney’s Office in New Jersey,” Andrew Bruck,”scoffed at the notion that his friend was taking out political orders for Barr. ‘The concept that Oz was or is Bill Barr’s stooge is just ridiculous. It is simply ridiculous. ”’  Even Daniel Richman (the law professor who’s a close friend of former FBI Director James Comey and acted as his biography in death notes into the media) praised Benevenuto because of his ruling, intellect and integrity.
So who are those 3 unnamed sources? It seems that career prosecutors and many others (such as Democrats) uniformly deny that even Benevenuto was a part of any internal circle or any ally of Barr’s. Indeed, there was ample reason for Barr to go out the Main Justice because he was wanting to establish a leak investigation which would potentially include many people inside the Trump Administration, including a few political appointees.  It made a excellent deal of awareness to find a experienced prosecutor without the ties to Washington.
However, anonymous sources are used to fulfill narratives from the media. However, there is already that all-too-familiar effort to frame the truth to fit a story.…

Indianapolis Police Officer Sues NFL For Defamation at Anti-Racism Campaign

Screenshot from federal complaintThere is an intriguing lawsuit from Indiana in which Indianapolis Metro Police Department Officer De’Joure Mercer is suing the National Football League (NFL) for defamation after the NFL maintained that his shooting of an African American individual was because of”systemic racism.”  (Officer Mercer can also be African American).The suspect, Dreasjon Reed, reportedly fired repeatedly at Mercer until he murdered him a shooting found to be justified by a review board.  A particular prosecutor also announced that a grand jury rejected any fees against Mercer.
The complaint below details how Reed stole a handgun out of a pawn shop in Texas and livestreamed himself committing a”drive-by” shooting where he chased the stolen handgun blindly to buildings because he drove past.

He also livestreamed his experience with authorities on May 6, 2020 with the gun observable.

In the movie, Reed talks about not”moving back to jail,” which may be a reference to the three outstanding warrants for his arrest. Reed was driving recklessly and struck a few vehicles.  Adams was concerned about the security of the public in virtually any high speed chase but Mercer continued to observe Reed at a distance. Reed, as shown in the movie, then pulls into a local business and attempts to flee . Mercer chased him and eventually shot him with a taser.  Mercer subsequently returned fire and killed him.
Using force in such a circumstance is justified under Indiana Code 35-41-3-3(b):

A law enforcement officer is justified in using reasonable force if the officer reasonably believes that the power Is Essential to effect a lawful arrest.   Nevertheless, an officer is justified in using deadly force only if the officer:

(1) has probable cause to believe that that deadly force is required:

(2) has provided a warning, if feasible, to the individual against whom the deadly force is to be utilized.

Really , a private citizen would be guarded in the use of such force under Indiana Code §35-41-3-2.
This was the conclusion of a grand jury along with a detective and a police review board.
It wasn’t apparently the finish of tens of thousands of protesters who took to the roads after the shooting or finally the NFL. Throughout the movie, the NFL also said the NFL would honor the”victims of social injustice” by wearing their titles on their hats and helmets and tell their stories such as Reed.
What is striking is that the NFL understood all this. Likewise, numerous law enforcement officials objected to the inclusion of Reed among the”honored” as a casualty of systemic racism.
The NFL under Commissioner Roger Goodell dismissed the objections or the injury to Officer Mercer. On Dec. 16, 2020, the NFL tweeted that a caption and photo of Reed, noting Reed was”one of the many individuals being honored by players and coaches this year throughout the NFL’s helmet sticker application.” A Facebook post with exactly the identical photo and caption was also posted to the NFL’s page about precisely exactly the exact identical moment.

As a result of this ill-informed effort, Mercer received death threats, including a”wanted” poster with Mercer’s image on it. His picture was circulated online.

We’ve discussed the NFL and other corporate campaigns in this field.  However, this is presently a defamation action which could pose substantial challenges depending on the elements for the tort.

The complaint alleges per se defamation. Those per se categories generally include (1)”imputation of particular crimes” to the plaintiff; (2)”imputation… of a loathsome disease” into the plaintiff; (3)”imputation… of all unchastity to a lady;” or (4) defamation”influencing the plaintiff from his business, trade, profession, or office.” …

The Leak Investigation: Should We Want To Protect Journalists, We Need To Define Them

Below is the column in USA Today on the controversy between the purchase of metadata evidence on members of Congress and the media in the leak investigation launched during the Trump Administration. We discussed the questionable reporting from the New York Times regarding the direct prosecutor, but much more significant questions remain if we will achieve any resolution on shielding journalists, including the question of what is a journalist.
Here is the pillar:

The disclosure of the Justice Department’s targeting of members of Congress and journalists together who have covert subpoenas has caused a firestorm in Washington. The targeting of recipients of the advice in Congress and in the media constitutes direct strikes on Article I and the First Amendment of the Constitution. It will not be the first time that this type of meeting was held in part because there is no resolution on the meaning of the crucial term for any coverage. As another administration seeks to fight the targeting of journalists, the question remains: what is a journalist?
There continue to be many questions that will need to be answered about the requirement for companies like Apple to provide”metadata” associated with both journalists and members of Congress. There are various reasons to investigate the grand jury subpoenas used in the analysis and how to protect not just journalists and politicians, but the overall public. Grand jury subpoenas can be accessed without probable cause that the issue has committed a crime, and companies have been gagged from telling customers their advice was passed to the Justice Department. This leaves little protection against misuse past self-regulation.
Reverse technology leaks
But if we want to make progress, it is going to require both clarity and precision in our public discussion. For instance, the issue is not that an investigation into the leaks revealed emails or other data linked to members of Congress. Few folks dispute that the national government has a valid interest, or even an obligation, to investigate the leak of sensitive or classified information. These escapes are criminal acts under national law.
The real concern is if the analysis aimed the recipients of these flows, rather than the leakers themselves. Prosecutors and investigators are usually enticed to reverse engineer a leak, starting with getting the advice and reworking to identify the senders. The government often understands the recipients only by looking at the touch on those items. It’s a lot simpler for the analysis and much more detrimental for the Constitution.
This isn’t the first such attack on the media in the last several years. Throughout the Obama administration, Eric Holder’s Justice Department ordered a complete investigation targeting subsequently Fox News reporter James Rosen. Rosen was researched for just speaking with an origin in a story involving classified info. The phone numbers of Rosen’s parents were not spared in an operation that was stated to have been approved by Holder.
Garland will seek to assure the information media, once more, the Justice Department will not target its communications or contacts. But he can not promise not to capture this info when targeting possible leaks — he would like to guarantee to end the leak investigations altogether.
While Congress is (logically ) asking for replies on the targeting of its own members and journalists, it’s also calling for a fresh investigation into the leaks following the billionaires’ tax records were published. The leak of these tax records is a federal offense, and the escape would likely appear to have originated from a hack on IRS records or an actual IRS employee or contractor. If the Justice Department finds a …

“Only Blind Chance”: The Growing Telephone For”Random Selection” For College Admissions

Random selection is not generally an approach that the majority of men and women opt for in the selection of physicians or even restaurants or even a film. However, it appears to be the newest model for some in higher education. Former Barnard College math professor Cathy O’Neil has written a column calling for”random selection” of all college students to guarantee racial diversity. It’s ever so easy:”Never mind optional standardized evaluations. She’s not the only one contending for blind or random entries.
Others also have denounced standardized testing as vehicles for white supremacy. Education officials such as Alison Collins, vice president of the San Francisco Board of Education, have declared meritocracy itself to become racist. There is a growing criticism that the issue with higher education is the fact that it relies on merit rather than status as the driving standards for admissions.
O’Neil and many others are arguing not only for blind but actually random selection to achieve true diversity.
Others have called for just random selection. In 2019, the liberal New America foundation argued that highly selective universities and colleges must admit students by lottery. Amy Laitinen, Claire McCann, and Rachel Fishman  argued that not only should admissions be random but colleges”would eliminate all qualification not just to Title IV aid but also to federal research dollars” They argued that this”This could eliminate admissions tastes that overwhelmingly favor white and wealthy applicants, such as for athletes and legacies.”
In her column, O’Neil admits there is a”drawback” like the fact that”programs to the most selective colleges would soar, causing approval rates to plunge and departing the’strongest’ candidates with minimal probability of getting in their chosen schools.” But she treats the disadvantage of eliminating the worth of actually doing well in high school and evaluations as only a matter of privilege:”The kids who fought to find great grades, who invested their high school years getting really good at obscure yet in-demand sports, the legacies and the offspring of large donors, could lose their benefits.”
In an earlier column, I noted that the movement by California to get rid of standardized evaluations happened after California voters rejected a costly campaign to reintroduce affirmative action in school admissions. The Supreme Court is also considering whether to take the case of Students for Fair Admissions v. President and Fellows of Harvard College. Litigants cite a research finding that Asian Americans needed SAT scores that were roughly 140 points higher than white students; the gap with both admitted African American and Hispanic students is even greater.
The case could allow for opinions about the problem following years of conflicting 5-4 decisions that have mastered both for and against such race standards admissions. There is a concern among universities that the Court could be moving toward a clear decision against using race as a standard. Even the author of the 2003 majority opinion in Grutter v. Bollinger, Associate Justice Sandra Day O’Connor, said that she expected”the 25 years from today, the use of racial preferences will no longer be essential to further the interest approved today.” That was approximately 25 years ago.
I noted:
“From the Harvard instance, the scores are especially significant because the litigants allege that abstract variables were systemically used to disfavor them on issues such as likability and personality. While the lower courts ruled for Harvard, the trial judge did note that there may have been prejudice in favor of minority admissions and also invited Harvard to deal with such”implicit bias” while tracking’some substantial race-related statistical disparities in the evaluation procedure.’ But what if there aren’t any’statistical disparities’ because there aren’t …

The McCloskeys Plead Guilty To Minor Misdemeanors in Conclusion of St. Louis Protest Case

YouTube ScreenshotA year ago, we discussed that the charges from Mark and Patricia McCloskey of St. Louis following their armed standoff with protesters.  I was skeptical of the charges brought by Circuit Attorney Kim Gardner, who was afterwards removed from the case due to ethical issues. The couple has been allowed to plead to two small misdemeanors at the ending of an extremely politicized case.

The fourth-degree assault includes a violation for placing somebody into”reasonable apprehension”:

565.076.   Domestic assault in the fourth degree, punishment. — 1 ).   A Individual commits the offense of domestic assault in the fourth degree if the action involves a domestic victim, as the term”domestic victim” is defined under section 565.002, and:
(1)  The Individual attempts to cause or recklessly causes bodily injury, physical harm, or illness into these domestic victim;

(3)  The Individual intentionally places such domestic sufferer in fear of immediate physical harm by any way;
(4)  The Individual recklessly engages in conduct which creates a substantial danger of death or serious bodily harm to these domestic victim;
(5)  The Individual knowingly causes physical contact with such domestic victim knowing he or She’ll regard the contact as offensive; or
(6)  The person knowingly attempts to cause or causes the isolation of these domestic victim by unreasonably and substantially limiting or limiting their access to other persons, telecommunication apparatus or transportation for the purpose of isolation.
2.   The offense of domestic assault in the fourth degree is a class A misdemeanor, unless the person has been found guilty of the offense of domestic assault, of any assault offense under this chapter, or of any offense against a domestic victim committed in violation of any county or municipal ordinance in any condition, any state regulation, any other national law, or any military law which if committed within this state two or more times would be a violation of the division, in which case it’s a class E felony.   The offenses described in this subsection could be against the identical domestic victim or against different domestic victims.

Notably, they agreed to give up the guns brandished in the confrontation, presumably as tools of this offense. Nevertheless, this would not bar them from buying extra guns including another AR-15.
Gardner spent a huge amount of money and time on this effort to be able to secure these misdemeanors. However, there seems to be little pushback about the over-charging of this bunch and her own questionable conduct for a prosecutor in the case. Meanwhile, the case has made McCloskey popular with several in the state and he’s currently running for the Senate.…

Will The Senate Democrats Now Apologize To Justice Barrett?

Throughout the confirmation hearings of now Justice Amy Coney Barrett, I objected to the obviously false narrative that she was nominated for vote to strike down the Affordable Care Act from the pending case of California v. Texas. The case was highly unlikely to result in such a determination and the Democrats understood it. The case was  concentrated on a highly technical and restricted issues of severability. It would be resolved on this limited basis or ignored for status. While Barrett might see the ACA as unconstitutional (as most do), I noted that she was more likely to discount the challenge or sever the person mandate compared to fall down the Act from the case. That is what she did joined the 7-2 decision to dismiss the case.
Throughout the verification, the Senate Democrats besieged the room with giant images of people who would lose their healthcare when Barrett was confirmed and struck down the Act. They were depicted as her future victims as members pummeled Barrett with accusations that she was only an ACA-killing shill. Barrett retained her composure and did not state the obvious — that she was more likely to vote to dismiss the case than to strike down the Act. She also refused to take the lure in reacting to President Trump’s phone for the Act to be struck down.
The black attacks were unrelenting. Democrats insisted there was no doubt that Barrett would vote in the event to strip off health care for the millions.
Senate Democratic Whip Dick Durbin, D-M.D., claimed that Barrett was in an”mission” by Trump to Eradicate Obamacare:

“We only waited for a moment, and I really wanted to attempt to comprehend her experience as a person as it came to healthcare since she’s being sent on mission to the Supreme Court by President Trump. And we all know what that mission is, remove the Affordable Care Act.”

Sen. Sheldon Whitehouse, D-R.I., referred to Barrett as a”judicial torpedo” aimed at destroying Obamacare:”This Supreme Court nominee has signaled from the judicial equivalent of all caps she believes the Affordable Care Act needs to go, and the precedent shielding the ACA does not matter,” Whitehouse said. He claimed the”influences behind this unseemly hurry see this nominee as a judicial revamp that they’re firing at the ACA.”
Sen. Mazie Hirono, D-Hawaii, claimed in a meeting through Barrett’s confirmation hearings that Republicans”need her on that court to listen to the Affordable Care Act case… so she can strike it down. This nominee poses a clear and present threat, an immediate threat, to the health care of over 20 million Americans who’ve health care as a result of the Affordable Care Act.”
Sen. Elizabeth Warren (D-Mass.) Announced that Barrett would”work to gut” the ACA and called Barrett that a”right-wing ideologue who does not represent the majority of Americans.”
Sen. Bob Casey, D-Penn., believed Barrett’s nomination has been”fast-tracked” because of the pending case:

“This nominee has been fast-tracked, to start with, since this nominee has been vetted by the 2 groups that thing: the Federalist Society and the Heritage Foundation,” Casey explained. “Both groups totally committed to undoing, striking down the Affordable Care Act. So she has passed this test, and that she seemingly passed with flying colors as she moved quite quickly to a probable confirmation”

tweeted. “Make no mistake, a vote to confirm a Supreme Court nominee who fulfills President Trump’s checks will be a vote to remove people’s healthcare and vital rights.”
Legal and press experts echoed the narrative that confirming Barrett meant no healthcare for Americans.  Professor Charles Tiefer composed with complete assurance …

Recent Developments in Medical Malpractice Law

There have been recent developments in the area of malpractice law. The most recent of these recent developments is that a plaintiff’s burden of proof has been restructured. In some states, the burden of proof now shifts to the defendant to prove that they were not negligent in their conduct of the medical treatment. This change was not intended and was implemented in an effort to bring about a more subjective standard of liability in malpractice actions.

Another recent development is that personal injury lawyers are now able to recover damages for pain and suffering. This is primarily because the old rules where victims were required to prove that they were “in extreme pain” no longer apply. Now, medical malpractice lawyers must establish that the victim suffered an impairment leading to, or likely resulting from, the alleged medical malpractice. If the victim can’t prove this, he or she may not be compensated for pain and suffering.

A recent development also affects the amount that can be awarded by a medical malpractice lawyer. Historically, in instances involving medical malpractice, the jury had the final say as to the amount of compensation awarded. However, in recent years, juries have been increasingly awarding greater sums of money to plaintiffs. This is likely due to a growing awareness that juries aren’t always fair and that they are more likely to award bigger settlements to people who are guilty of the malpractice.

One of the latest developments that may have a significant impact on the cost of malpractice insurance is the fact that it can now be used in civil cases. Previously, a medical malpractice lawyer could only pursue a case in his or her individual state. However, in 2021, the US House of Representatives passed a bill that would allow doctors to be compensated for malpractice outside of their state. Currently, seven states have medical malpractice laws that provide the same rights to patients. However, if a doctor is found liable for malpractice in a different state, he or she must move to establish a new medical malpractice lawyer for the case.

A second recent development that could have an effect on the cost of medical malpractice insurance is that of private liability insurance. Private liability insurance allows doctors to be protected against lawsuits that occur as a result of negligence on the part of a healthcare provider. As medical malpractice lawsuits have been increasing, attorneys have been looking to these policies as a means of protecting themselves from large malpractice settlements. Private liability insurance is currently not available in all states but is expected to become available in the near future.

A third development has to do with the role that medical professionals play in creating patient safety. In recent years, medical professionals have developed more sophisticated methods of keeping patients healthy without placing themselves at risk for litigation. The result has been safer procedures, less medication errors, and fewer patient death or disability cases. While these developments have improved the safety of medical practices, they have also increased the costs of malpractice suits. If medical malpractice lawyers want to take advantage of this situation, they are going to have to find a way to convince a jury that doctors are not held responsible for the actions of their staff members.

This can be difficult. Many doctors feel that their staffs have done nothing wrong and therefore are not responsible for their actions. However, if a medical malpractice lawyer is able to show that a doctor has misconstrued the instructions of a surgical procedure or other medical procedure or has failed to follow …

The Supreme Court Fails To End Your Feres Doctrine… Now It Is Up To Congress

Below is my column in The Hill about the Supreme Court’s rejection of the case of a former West Point cadet who had been barred from suing over the handling of her alleged rape. The situation would have allowed a reconsideration of the Feres Doctrine, one of the most damaging and pernicious doctrines actually made by the Supreme Court.
Here is the pillar:

The often-divided Supreme Court reached a nearly unanimous choice on Monday. It had been the wrong choice.
The court refused to review the case of a rape victim who had been barred from having her case heard in federal courts since”Jane Doe” had been working in the military. Just one justice demanded justice for its former West Point cadet: Clarence Thomas.
The injustice of this court’s decision, but goes past”Jane Doe” and goes to every member of the military.
The courtroom missed the opportunity to overturn one of the most notorious, indefensible doctrines. Created over 70 years ago, the Feres Doctrine has victimized countless thousands of service members and their households.  The court’s failure should now put pressure on Congress to finally act to end the tragic heritage of the Feres decision.
I have been a vocal critic of Feres for decades and composed a three-part study of the military legal system 20 years ago that detailed this doctrine started in 1950 with a clearly incorrect reading of this Federal Tort Claims Act (FTCA). The doctrine is named after Army Lt. Rudolph Feres, who died in a fire allegedly brought on by an unsafe heating system in his New York barracks. It had been one of three instances combined for inspection by the court, such as a soldier who uttered after an Army doctor left with a 30-by-18-inch towel (indicated as”Medical Department U.S. Army” property) in him.
These should have been simple instances of magnificent negligence.  The FTCA only bars suits against the military for”combat-related” accidents — a logical and clear exclusion.  On the other hand, the court set out to make a sweeping new immunity for the military and announced that any lawsuit by military personnel could be regarded as”combat related.” It had been entirely nonsensical since there would be no reason to refer to fight if Congress wanted to grant total immunity for the military.
The West Point situation shows the lawful lunacy and lethality of this doctrine. Jane Doe was also a cadet who was allegedly raped by a fellow cadet and, according to court documents, came ahead to bring charges. But, West Point didn’t follow military regulation and she later dropped out of the academy.
Those lower courts could be excused for dismissing the situation. After all, this is really a controlling Supreme Court precedent. However, the Supreme Court itself has no such excuse.
The former cadet is not alone in regards to neglect in handling criminal cases.  A federal court dismissed their lawsuit under Feres.
My study found an array of these circumstances. For instance, soldier Julius Pringle was seriously injured in a pub in a military reservation in Kansas that served both civilians and military personnel; a gang had effectively taken over the pub. After Pringle exchanged words with all members of this gang who were harassing his girlfriend, bar managers had him thrown outside into the middle of waiting gang members. He had been beaten so severely that he suffered brain damage. Yet, he had been barred from suing.
I found many deaths brought on by contractors who failed the most basic obligations in keeping or using gear, along with negligent acts that were significantly addressed in civilian companies and …

Protesters Deface Billy Goat Trail With Anti-Police Graffiti

I often do dawn hikes around the Billy Goat trail along the Potomac, among the most cherished and beautiful places in the Washington metropolitan region. This afternoon, I decided to celebrate my birthday with one of my sunrise hikes and it was magnificent. I had the trail to myself because the sun was coming over the Potomac.  It turned out to be a perfect hike until I left it to the close of the trail (one the Angler’s finish ) in which the beautiful rock face is now defaced with anti-police graffiti.

Folks ruin these natural areas to reach a kind of infamous notoriety. Despite being among the most beloved and used trails in this region, there’s been practically no graffiti for decades.  I guess it was too much to expect our age of anger would not achieve such pristine locations. Someone hiked down the trial using a spray can to deface character to convey their hatred to the authorities. 
There’s a disagreement as to the source of the common anti-police phrase but some believe was popularized in Atlanta, Georgia as an anti-police motto and refers to police radio “10-12” and the 1968 TV series Adam-12.
As someone who has improved the trial for years, the overall look of the graffiti was crushing. I often believed that character stays common ground for people from each cultural and political group.  Whatever anger we encounter in our lives, nature offers us a discharge as a place of contemplation and inspiration.  The notion was bolstered by the way the trail remained free of artwork and largely free of any litter. It was reassuring that we all looked to be linked with our shared connection to nature.

For those who still value natural attractiveness and its particular parts, here are a Couple of images in my sunrise hike:

Like this:Like Loading……

If Congress Really Allergic Our Troops, It Has to End The Feres Doctrine

Below is my column in The Hill about the Supreme Court’s rejection of the case of a former West Point cadet that had been barred from suing over the managing of her alleged rape. The case would have let a reconsideration of the Feres Doctrine, among the most damaging and pernicious doctrines ever created by the Supreme Court.
Here is the column:

The often-divided Supreme Court reached a virtually unanimous decision on Monday. It had been the wrong decision.
The court refused to review case of a rape victim that had been barred from getting her case heard in federal courts since”Jane Doe” had been also operating in the military. Only one justice demanded justice to its former West Point cadet: Clarence Thomas.
The injustice of this court’s conclusion, however, goes beyond”Jane Doe” and goes to every member of the army.
The court missed the opportunity to overturn one of the most notorious, indefensible doctrines. Created more than 70 decades ago, the Feres Doctrine has victimized hundreds of thousands of service members and their families.  The court’s failure should now place pressure on Congress to finally act to terminate the tragic legacy of the Feres conclusion.
I’ve been a vocal critic of Feres for years and also wrote a three-part study of the military legal system 20 years ago that detailed this philosophy started in 1950 with a clearly erroneous reading of this Federal Tort Claims Act (FTCA). The philosophy is named after Army Lt. Rudolph Feres, that perished in a fire allegedly caused by an unsafe heating system in his New York barracks. It had been one of three cases combined for inspection by the court, including a soldier who sued following an Army doctor left with a 30-by-18-inch towel (indicated as”Medical Department U.S. Army” property) inside him.
These should have been simple cases of spectacular negligence.  The FTCA just bars lawsuits against the army to”combat-related” accidents — an honest and obvious exception.  However, the court set out to create a new resistance to the army and declared that any suit by army personnel could be considered”combat related.” It had been entirely nonsensical as there would be no reason to consult with combat when Congress wished to grant complete immunity to the army. He was joined in his condemnation in the left by the late Justice John Paul Stevens.
The West Point case indicates the legal lunacy and lethality of the philosophy. Jane Doe was a cadet that was allegedly raped by a fellow cadet and, according to court records, came ahead to bring costs. But, West Point failed to trace army regulation and she later dropped out of the academy.
Those lower courts can be excused for dismissing the case. After all, this is a controlling Supreme Court precedent.
The former cadet isn’t alone when it comes to neglect in handling criminal cases.  In Illinois, eight girls sued the Army for”harassment and retaliation, including rape, rape, sodomy, unwelcome sexual advances and touching, requests for sexual favors, sexual innuendos, including telephone calls, and threats of physical harm, non-consensual sex and duress.” A federal court dismissed their suit under Feres.
My study found an collection of these cases. By way of instance, soldier Julius Pringle was seriously injured at a bar on a military reservation in Kansas that served both civilians and military personnel; a gang had effectively taken over the bar. After Pringle exchanged phrases with all members of this gang that were harassing his girlfriend, bar managers had thrown outside into the middle of waiting gang members. He had been beaten so badly that he suffered brain damage. …

“Kierstien Hening Refused To Kneel”: Virginia Tech Sued By Student Who Alleges Abuse On Her Refusal To Service BLM and Diversity Displays

The litigation of Virginia Tech student Kierstien Hening starts with a simple announcement:”Kierstien Hening denied to kneel.”  The suit filed this week against Virginia Tech football trainer Charles”Chugger” Adair (in his official capacity) alleges that when Hening refused to kneel and support Black Lives Issue, she had been benched, harassed and ultimately forced off the team. In the event the allegations are true, she would have not only a winning situation however a situation that may set important precedent for the freedom of speech.
Adair implemented changes after a mandated diversity training order in the Atlantic Coast Conference. We have seen such mandated training programs from colleges and corporations — applications which can increase concerns over forced speech and viewpoint discrimination. As a state college, Virginia Tech is subject to the limitations imposed on the government under the First Amendment.

Through meetings, Hening flocked into the modifications as forced speech and said that she disagreed with aspects of the BLM motion. She was then supposedly labeled a”racist” by a few on the team.
The complaint states that only two pupils flocked to kneeling however their other student was about a scholarship along with her parents known as Adair to frighten him not to frighten their kid because of their political views. Rather, Hening alleges, Adair out her as well as speaking about some people who think”all lives matter.” She states that her refusal to kneel led for her benching and ultimate removal from the team. Additionally, it supposedly resulted in a torrent of abuse and on interpersonal media.
The complaint alleges that, during the halftime at a match with Virginia, Adair singled out Hening and denounced her in front of the team as being greedy and”bitching and moaning” instead of being a team player in supporting the diversity exhibits. She has been pulled as an starters within another game against Clemson and again Adair allegedly berated her openly. She was also left the starters within another game against North Carolina.  She asserts that the misuse and shunning became so great that she had been forced to resign.
One issue might be that she chose to resign. The school can argue that she had been allowed to refuse to take part in the screens and that the choice to use players is based on a trainer’s discretion.  She did in fact play, although not as a starter or not for very long in such games. Moreover, she stepped only after a couple of games rather than raise the issue with the university and permit time for resolution.
Nonetheless, the complaint alleges apparent forms of retaliation and harassment against a student for her social and political perspectives. If true, Adair has been using his position to stress and misuse a student for not sticking to the preferred opinion of BLM and diversity displays.
We have been discussing teachers and students that disagree with aspects of BLM while supporting the movement for racial alike. There has been an increasing intolerance for such dissenting viewpoints. At Berkeley, even an anonymous letter from a faculty member (who feared retaliation) was condemned by coworkers. At UChicago, a respected academic has been the subject of a effort to his conclusion because he criticized BLM and questioned claims regarding police abuse.  A University of Pennsylvania professor faced calls for his conclusion when he questioned an anti-racism announcement. A Harvard professor was the subject of such a effort for questioning the support for a number of claims of police abuse. A UCF professor was put under police protection after challenging particular claims as far as”black privilege.” A Cornell professor …

Facebook Upholds Trump Ban But Admits Permanent Ban Lacked Any Objective Standard

Facebook’s Oversight Board simply voted the firm may want to give Trump his boots back.
The decision of this board to maintain the decision to prohibit Trump but reconsider his lifetime ban might appear transparently convenient for most. However, there is precedent. One of my favourite trial reports would be from Ireland in which an Irishman was enticed with an Englishman of stealing a pair of eyeglasses. The guilt of the suspect was totally clear however, the Irish jury couldn’t get itself to rule to the Englishman. Instead, it disturbs the Irishman however included a line,”We really do believe O’Brien should give the Englishman his boots back.” Case closed.
Few people thought that, after enlarging the censorship of political characters such as Trump for years, Facebook could summon the guts to announce itself incorrect in the ban imposed on January 7, 2021. Instead, the board ruled that it was completely right to suspend Trump however, it may need to rethink that the permanent ban given the lack of any objective standard to encourage it. Thus Trump will still get the boot for now.
It might be too cruel to expect anything more out of a plank which literally monitors one of the world’s biggest censorship programs. Facebook, Twitter, and other businesses now publicly participate in what they like to euphemistically call”content alteration.” The conclusion reflects the convoluted sense of censor’s free speech review board. The organization — and also the Board — begin from the premise that it may and should censor viewpoints deemed”misinformation” or dangerous. The beginning position therefore is that censorship is warranted and that material neutrality is dangerous.
The Board’s standing on the standardless policy on permanent bans ignores that its temporary suspension policy is equally standardless. The business cited the response to Trump’s address by third parties rather than a particular call by Trump to perpetrate violence. It doesn’t take the same position when similar phrases are used by characters such as Rep. Maxine Water (D., Cal.) During protests. The plank worries that the permanent ban isn’t grounded in a state policy and such infinite authority should concern everybody.  Indeed it does. As we’re worried by the limitless authority imposed on suspensions.
Lately, Facebook prohibited not only the postings but also the very voice of Donald Trump. In what might be known as Zuckerberg’s”He Who Must Not Be Heard” standard, Facebook obstructed a meeting of Trump using his daughter-in-law Lara Trump.  That isn’t believed exactly what the Board requires for an”indeterminate and standard less penalty”
What is alarming is that Facebook, Twitter, and other businesses have been defended by Democratic leaders, authors, and academics. They declared that”from the excellent debate of the previous two decades about independence versus management of their network, China was largely right and also the United States was largely incorrect” and”significant observation and speech management are inevitable elements of a mature and flourishing net.”

The common rationalization is that these firms are not subject to the First Amendment so there is not any free speech issue.  The First Amendment isn’t synonymous with wider merits of free speech. Private businesses can still destroy free speech through personal censorship. This is especially true with businesses who not only run programs for communications but received immunity from suit below the view that they would be impartial providers of such platforms. Imagine if a telephone company took it on itself to intervene in telephone calls to object to some thing that you just said or prohibit you from further calls for spreading misinformation. A number people believe free speech is a human right which is defined …

The Biden Administration Drops Dozens of Charges Against Violent Protesters at Portland

We discussed the way the plea arrangement using a BLM protester (who attempted to cut the brake lines on a police vehicle) may indicate a significant change from the Trump Administration in prosecuting violent protesters.  New figures from Portland would suggest that there is such a major change occurring.

I previously criticized that the federalization of those protest cases. Local authorities were certainly relying on the federal government — as opposed to their own local prosecutors — to address violent protesters. Yet I was also critical of the role of local officials in ignoring and in some cases fueling such violence by using their rhetoric or even inaction.  There is obviously a reluctance by most local officials to prosecute violent protesters. The majority of the charges brought for violent protests in the aftermath of the killing of George Floyd have been disregarded.
One of these defendants who saw their charges dropped in Portland was David Bouchard who admitted that he place a Customs and Border Protection officer at a chokehold. Furthermore, the Justice Department ignored the complaint from Charles Comfort who was indicted by a grand jury of civil disorder for double charging at Portland Police Bureau officers and hitting them with a makeshift shield and kicking a third officer.
Yet again, I remain opposed to utilizing federal fees in many of these local circumstances, however, the choice was to chase these folks in the federal system. Now they will walk without any prosecution. There are allegedly 31 deferred settlement agreements (DRA) signed from the U.S. Attorney’s Office in Portland, including 19 charged with felonies and a number involving alleged assaults on federal officers.

We saw a belated change at the rhetoric of some leaders such as Portland’s Mayor Ted Wheeler finally condemning anarchists (though he prevented specifically mentioning Portland’s homegrown Antifa band ). While these leaders previously imputed the Trump Administration for the protests, they have continued unabated after the election, including continued rioting in Portland.…

Evolving With Big Tech: Facebook’s New Campaign Must Have Free Speech Advocates Nervous

Back in 1964, Stanley Kubrick released a dark Humor classic Branded”Dr. Strangelove orHow I Learned to Stop Worrying and Love the Bomb.”

The movie came to mind recently with the public effort of Facebook calling for individuals to modify her attitudes about the net and rethink issues like”content alteration” — the new Orwellian expression for censorship.
Joshan mocks just how much computers have changed and then asks why our regulations privacy and censorship cannot evolve as much as our technology. The ads are obviously aimed at younger users who might be more willing to take censorship compared to their parents who cling to conservative notions of free speech.  Facebook understands that it cannot exercise more control on satisfied unless it may get people to quit worrying and love that the censor.
There was a moment when this would have been seen as frightening: a corporate giant conducting commercials to have folks to support new regulations impacting basic values such as free speech and privacy. After all, Joshan reveals of his very first pc was a”giant behemoth of a system” but that had been before he knew”the mixing of the actual world and the online world”
The Facebook effort is terrifying in its reference to”privacy” and”content alteration” given the present controversies surrounding Large Tech. On the other level, the commercial only calls for rethinking regulatory controls after 25 decades. On the other hand, the origin of the effort is a company that has been widely accused of rolling back on core values such as free speech. Big Tech corporations are working increasing amounts of control on what people write or see online. While these businesses like immunity from many lawsuits based on the idea of being neutral communication platforms (akin to telephone companies), they censor ideas deemed deceptive or dangerous on subjects which range from climate refusal to alcoholic criticism to election fraud.
In addition, Facebook understands that there’s considerable support for increasing censorship and address law in Congress and around the globe. Free speech is under attack and losing earth — and Facebook understands it.
The development of the corporate censor has contested long-standing assumptions of the free speech community. Our Constitution and much of free address writings are concentrated on the classic version of government censorship and state media. What we have seen in the past couple of decades is that businesses have much greater ability to control speech which you’re able to have a type of state media with no condition.
Free speech advocates aren’t the only ones to notice. Authoritarian figures have established these firms as competitions. Lately Russian President Vladimir Putin denounced Big Tech because of threat to”Democratic institutions” — a farcical objection from one of the planet’s most blood-soaked, anti-democratic figures.
Other leaders have just sought an alliance with all the firms for mutually beneficial censorship. Nations such as India appear to have out-sourced censorship responsibilities to Big Tech. Twitter admitted recently that it is actively working together with the Indian government to control criticism of its handling of the pandemic. There are conflicting reports that the Indian government has misrepresented the amount of deaths along with the true rate of instances might be as much as 30 times higher than reported.  Thousands are dying each day due to a shortage of beds, oxygen, and other essentials. Twitter is stating that it had the power to”withhold accessibility to the material in India just” if the firm determined that the content to be”prohibited in a specific jurisdiction.” Thus, criticism of the government within this context is prohibited therefore Twitter has consented to become the arm of …

Juror 52: Can Chauvin Have A New Challenge Over Juror Brandon Mitchell?

The conviction of former Minneapolis police officer Derek Chauvin was sabotaged this week after the formerly anonymous Juror #52 went people with interviews to talk about his experience on the jury and support the motion to curtail police abuse. The problem wasn’t the general disclosure of his individuality (which jurors could opt to do) but what his self-identification triggered on the Internet. A picture soon emerged showing Brandon Mitchell wearing a Dark Lives Matter T-shirt using some reference to the passing of George Floyd. The image had been increased as contradicting his replies from voir dire and raising an appellate question regarding juror bias that could be utilized to challenge the conviction.
The photograph trending on interpersonal media was initially posted on Facebook in August 2020 and shows Mitchell wearing a hat that says”Dark Lives Matter” and a T-shirt that states”BLM” with the words,”Get Your Knee Off Our Necks,” a more common reference to the passing of Floyd.
There’s , of course, nothing wrong with the picture and it reflected the pride of his uncle if they moved to march in Washington to commemorate MLK’s famous 1963″I have a dream” speech. The march highlighted the campaign against police abuse and clearly several protested the killing of Floyd. Mitchell claims that he did not go to protest the Floyd killing.
The issue is really how Mitchell replied the voir dire questions.  By Way of Example, Mitchell replies in the negative to 2 questions:

“Can you, or someone near you, participate in any of those demonstrations or marches against police brutality that took place in Minneapolis later George Floyd’s departure?” One question read, according to the paper.

On March 15, Mitchell was also asked by the judge on March 15  if he had been aware of the Chauvin situation and George Floyd. He responded by stating that he’d heard”some basic advice about trial dates, etc from the news”, but perhaps not the kind of information”that would prevent him from working as an impartial juror.”
I am not sure why the shield could not have found this film on the world wide web, which may increase a collateral issue in almost any obstacle. However, this is still a plausible foundation for additional investigation and potential challenge.
In Irvin v. Dowd, 366 U.S. 717, 722 (1961), the Supreme Court said”the minimal standards of due procedure” require a fair hearing before competent and impartial jurors. See also United States v. Tegzes, 715 F.2d 505, 507 (11th Cir. 1983) (citing Murphy v. Florida, 421 U.S. 794, 799 (1975)(“inherent standard of fairness requires that the criminally accused have’a panel of impartial, indifferent jurors. ”’).  In cases such as Pena-Rodriguez, the Supreme Court has held that statements from the jury area showing racial prejudice justifies reversal. The lineup is much more blurry on political prejudice, but a few cases involve a juror who formerly discussed the suspect and his case.
YouTube ScreenshotThe controversy is similar to discoveries made about Juror 1261 from the trial of Trump partner Roger Stone. I composed a number of columns about Tomeka Hart who certainly gave false or misleading responses in voir dire.   She not only participated in undisclosed protests and published anti-Trump statements on the Internet but specifically spoke with the Stone case.
However, District Court Judge Amy Berman Jackson engaged in willful blindness to justification Hart’s conduct and avoid ordering a new trial.  I called that the court would dismiss the motion as opposed to shield the suspect’s right to an unbiased jury. The court brushed aside these clear examples of prejudice.  Jackson wrote:

“The defendant has not shown that the …

BYOC: Teacher’s Racist Diatribe Highlights Failure To Equip Officers With Body Cameras

For many years, I and many others have contended for human camera (and authorities interrogation cameras) to be used in every jurisdiction. Regardless of the obvious value of these cameras, jurisdictions like Los Angeles County have resisted and still do not have this simple protection for the two officers and citizens alike. Likewise, prosecutors in cities like Chicago long opposed the filming of officers by taxpayers. The recent controversy over a traffic stop at L.A. shows the value of these body cameras. The officer was just able to show his side in the encounter because he compensated for his own camera. It’s absurd that Los Angeles County forces officers to cover their own cameras to ensure a listing of these encounters.  In LA County, it’s bring your own camera (BYOC) or engage in policing at your own risk.

The African-American teacher is shown in the video instantly assaulting the hispanic officer using a litany of racist slurs and insults from calling him a”murderer” and”Mexico racist” to telling him that he will”constantly being Mexican” and”never whitened .” Police say the girl is well known for bringing excellent charges against officers.
Here’s the body cam video of the April 23 incident in San Dimas:

My anger at the video wasn’t only over the racist slurs but the fact that this officer had to equip himself at Los Angeles.
As a lot people have claimed for 20 years, these cameras shield officers and the people alike. If this officer didn’t have this videotape, this could have been an incident in which there are two wildly different accounts involving the driver and the officer. If a harassment claim is filed, the issue will probably be treated as unproven rather than untrue. It would stay on the officer’s album that he was accused for racism and harassment.
Still, there’s absolutely not any anger at the governmental leaders in Los Angeles County for the failure to supply this simple item of equipment. This past year was the first deployment of human anatomy cameras in town for LA sheriffs. Los Angeles police officers began using body detectors in 2015.
When many politicians are now calling for human anatomy cams, it wasn’t long ago that they stayed silent on the matter or failed to object (or joined) as police departments needed delays in the launch of these documents.  In April 2018, the LAPD began releasing body cam footage into the public out of officer-involved shootings.
Among those issues delaying such setup has been the insistence of officers to get better control in turning on and off cameras. There should be no such debate concerning the cameras functioning as all times in people movements and encounters.
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Chopped: Can Seattle Officials Now Claim Immunity From Lawsuits After Allergic Such Defenses For Police Officers?

Below is my column in The Hill about the new suit against Seattle for its permitting the establishment of an autonomous zone inside the city named CHOP.  According to the compliant, what Mayor Jenny Durkan called”a summer of romance” proved rather to be a couple of mayhem resulting in deaths, robberies and sexual assaults. Now the city could possibly be emphasizing an immunity defense despite leaders conflicting these defenses for individual police officers.
Here’s the column:

Rioters took over a police station which so were allowed to occupy an whole section of the city.  At the moment , I wrote that if somebody sued over the resulting mayhem, Durkan and Seattle may find themselves relegated to the very legal doctrine they denounced in police brutality cases: resistance.
That has now happened with lots of state and federal lawsuits. From the most recent, a lawsuit by the mom of a young man murdered during the reign of CHOP, the city is very likely to assert that it has immunity for its discretionary decision-making, such as abandoning portions of the city into a mob.
Donnitta Sinclair dropped her son, Horace Lorenzo Anderson, around from Cal Anderson Park, that was a focus of the mob’s”re-imagining” government.  City officials did nothing as the playground and surrounding region became entangled with crime and drugs. On June 20, Anderson, who’d graduated the day earlier from an alternate youth-education software , was allegedly gunned down by Marcel Long, 18, following an altercation.
As a result of autonomy given to CHOP by Durkan and the city, emergency remedy for Anderson was postponed since medical crews have been treated as”overseas” in the zone. Finally, the expiring Anderson was put in a personal car to attempt and get him from CHOP. Sinclair’s lawsuit alleges a”Medic One ambulance was about a block and a half off from where Anderson put bleeding” and its crew repeatedly radioed for consent to enter the autonomous zone. When police and healthcare teams attempted to obtain entry, they reported being met by protesters claiming their rights.
The violence in CHOP lasted.  A bit over a week later in a different shooting, a 16-year-old boy had been murdered, along with also a 14-year-old was seriously wounded.
While very first celebrated in the press as a fun”block party” with vibrant art and collecting areas like the”No Cop Café,” the fact about CHOP soon became clear and less popular. Durkan then belatedly ordered the police to reestablish charge of the region.
For police officers, the city’s shield may seem as familiar as it is frustrating. That is the flip side to lethal-force instances like last month’s shooting of Ma’Khia Bryant, 16, at Columbus, Ohio, in which Officer Nicholas Reardon used lethal force to prevent the stabbing of another girl.  In the instance of CHOP, Durkan and other Seattle officials chose to not act even deaths, sexual assaults and other offenses. They will now assert that their inaction was a well-intended but admittedly ineffective effort at de-escalation.
The gap, however, is that they left their choice over weeks, as sufferers while, at Columbus, Officer Reardon literally had seconds to decide.
Since Seattle council members and Durkan were praising CHOP, there were predicts from council members to defund law enforcement, to flame white officers, and also to counter the immunity doctrine protecting police officials. , Seattle City Council President Lorena González, council members Teresa Mosqueda, Tammy Morales and Kshama Sawant, along with other elected officials at the state all known for an end to the resistance defense for police officials.
They are not alone.  New York City’s council voted to terminate …

Learning To Love”Content Modification”: Facebook’s New Campaign Should Have Free Speech Advocates Nervous

The title captured the absurdity of getting people to adopt the idea of weapons of mass destruction. The film came to mind recently with the public campaign of Facebook calling for individuals to modify her attitudes regarding the web and rethink issues like”content alteration” — the new Orwellian word for censorship.
Joshan mocks just how computers have transformed and asks why our regulations privacy and censorship cannot evolve as much as our technology. The advertisements are clearly aimed at younger users who may be readier to take censorship than their parents who cling to old-fashioned thoughts of free speech.  Facebook knows that it cannot exercise more control on satisfied unless it could get folks to stop worrying and enjoy the censor.
There was a time when this would have been seen as chilling: a corporate giant conducting commercials to get individuals to encourage new regulations affecting basic values like free speech and privacy. After all, Joshan reveals of his very first computer was a”giant behemoth of a machine” but that was until he understood”the mixing of the real world and the online world”
The Facebook campaign is terrifying in its reference to”solitude” and”content alteration” given the present controversies surrounding Large Tech. On one level, the firm simply calls for rethinking regulatory controllers following 25 decades. However, the source of the campaign is a business which has been widely accused of rolling on core values like free speech. Big Tech corporations are exercising increasing levels of control on what people write or see on the Internet. While these companies enjoy immunity from many lawsuits based on the thought of being impartial communication platforms (akin to telephone companies), they censor thoughts deemed deceptive or dangerous on topics ranging from climate refusal to alcoholic complaint to election fraud.
Moreover, Facebook knows that there’s ample support for increasing censorship and speech regulation in Congress and across the globe. Free speech is under assault and losing earth — and Facebook knows it.
The rise of the corporate censor has challenged long-standing assumptions of this free language community. Our Constitution and a lot of free speech writings are all focused on the traditional version of government censorship and say media. What we have observed in the past couple of decades is that corporations have far greater capacity to control speech which you can have a sort of condition media with no condition.
Free speech advocates are not the only ones to detect. Authoritarian figures have established these companies as competitors. Lately Russian President Vladimir Putin denounced Big Tech because of danger to”Democratic associations” — a farcical objection from one of the world’s most blood-soaked, anti-democratic statistics.
Other leaders have just sought an alliance with the companies for mutually beneficial censorship. Countries like India seem to have out-sourced censorship duties to Substantial Tech. Twitter admitted recently that it is actively working with the Indian authorities to control criticism of its handling of this outbreak. There are widespread reports that the Indian government has misrepresented the number of deaths and the real rate of cases may be as much as 30 times greater than reported.  Twitter is saying that it had the power to”withhold access to this articles in India just” if the company determined that the content to be”prohibited in a specific jurisdiction.” Thus, criticism of the authorities in this circumstance is prohibited so Twitter has agreed to become an arm of the government in censoring information.
Sikh bands last year objected that Facebook censored Sikh posts during #SikhGenocide remembrance movements. They also succumbed to these censorship by Instagram and Twitter, was centered on stifling anything linked …

Police Groups Ask The University of Minnesota To Investigate Student’s Telephone To Produce Life”Hell” For Teens

Minnesota Police and Peace Officers Association and the Law Enforcement Labor Services has taken the odd (if not unprecedented) step of requesting the University of Minnesota to investigate a student for her phone to make the lives of campus police a dwelling”hell.”
The videoconference followed a decision from student leaders to deliver a letter to University of Minnesota administration requiring the resignation of the Chief of Police of the University of Minnesota Police Department (UMPD). The letter threatens”direct action” when”our demands aren’t met.”
Here is the crucial exchange:

UofM Position At-Large Representative Andy Knuppel: You say disrupt UMPD. What exactly do you mean ?”
Meyers:”Create their lives hell.”
Knuppel:”Yes.”
Meyers:”Annoy the shit from these”

Meyers:”I am saying, what are they over? I really don’t know Amy would you understand? Morgan, you mentioned things with UMPD. [End ] Just like, use up their tools. Make their officers show up to something. Um.”

The police organizations are alleging the potential violation of law. Specifically, they mention daddy 609.78 (shown below) on coping with the emergency phone calls and communications of both police departments. That provision contains these offenses as”plac[ing] an emergency call and reports that a fictitious emergency with the intent of prompting an emergency response by law enforcement, fire, or emergency medical services personnel.”
Moreover, the call to tie up campus police could lead to harm to other pupils who might discover the police unable to respond quickly to actual crimes or threats on campus.
The college rules of conduct for pupils prohibits:

Subd. 8. A student or student group aids or abets prohibited conduct when the student or student group: (a) helps every other person engage in misconduct as defined by the Student Conduct Code; and (b) intends the misconduct to occur or understands that their activities are likely to aid another person to engage in the misconduct.

As will come as no surprise to many on this blog, I would oppose any criminal charge for Meyers who’s engaged in political language. She did not actually interfere with police calls or engage in this criminal conduct directly. I think that the First Amendment must protect these speech, though it is offensive and reckless.
Furthermore, I would oppose any expulsion or suspension for Meyers for these remarks.  I think however that the college as an obligation to respond, such as the issuing of an official reprimand since Meyers had been phoning for harassment within her official capacity. Her call could undermine both officers along with other pupils.  This type of transgression merit a response but also another chance for Meyers to reveal increased maturity and conclusion. College students frequently make dumb mistakes, particularly when trapped in the passions of protests or societal causes. They can learn from these errors and universities must seek to work with such pupils.
My greatest concern is the different treatment afforded pupils dependent on the material of these statements. I don’t anticipate Meyers to be relegated.  Yet, there’s a need for a clear and proper answer from the college on this dangerous declaration. Honestly I am not sure that the university would be circumspect in cases where such reckless language is aimed at others groups or causes.  The vital security for free speech is that a glowing field of security that’s very clear and most importantly consistent.
The college issued a rather heated announcement , while noting that Meyers may be calling for criminal acts, did not include any indication of a reprimand or other formal sanction:

“The University respects the freedom of the Minnesota Student Association as an independent governance organization for undergraduate students, for …

BLM Protester Pleads Guilty To Attempting To Cut The Brake Lining Of NYPD Van

There is a plea in the event of a Dark Lives Issue protester, Jeremy Trapp, 24, that attempted to cut the brake line using a New York Police Department van last year because he wanted to hurt authorities. What is most interesting is that the car crime was handed in the national rather than the state system. Moreover, the situation may suggest a move away from the more severe charges utilized under the Trump Justice Department in these circumstances.
In accordance with new resources, Trapp attended a BLM protest but determined that he wanted to damage officers. In his criticism, FBI Special Agent David J. Williams said that Trapp reached out into the wrong person about his lethal desire. It was the person was an confidential informant and Trapp told the CI”that the police were homeless, that he wanted to harm police officers along with their assistants, which he had previously been included with destroying property and burning a police car” He also allegedly reported forced threats to attack the Verrazzanno Bridge

Trapp was photographed going beneath the van and attempting to cut down out the brake lining. Considering that the premeditated and documented action, Trapp might have been charged with a more serious charge but was allowed to plead guilty to simply damaging a motor vehicle. He does not appear to have succeeded in cutting out the brake liner entirely but that was obviously an effort to injure or kill NYPD officers.
We previously discussed how state prosecutors have lightly passed over protest cases to national prosecutors. The changing of these cases ordinarily will produce longer sentences and, in some cases, insulates local leaders from backlash over prosecuting protesters.
Despite threats to attack officials and bridges, the Biden Administration failed to pursue attempted murder charges or terrorism charges (that were a focal point of this Trump Administration).  By way of example, the Trump Administration billed two girls who attempted to place”shunts” on railroad tracks . Even breaking windows was billed as terrorism.  I had been critical of the usage of terrorism charges in many of those cases as well as the movement to treat Antifa as a terrorism business.
It is not clear which criminal supply is being used as the basis for the prosecution. One potential supply is 18 U.S.C. 33, but this supply is normally utilized to vehicles used for”commercial purposes” United States v. Lowe, 65 F.3d 1137 (4th Cir. 1995). Moreover, the Justice Department admits that”the normal penalty for a breach of § 33 is a fine under Title 18.” On the other hand, the offense allows for a far higher penalty.
Instead, he may face a sentence for defrauding the government. He claimed that he possessed a car wash which used 10 people and had pulled in $150,000 in the 12 months prior to the rise of the pandemic, federal police said. Based on that application, the Small Business Administration approved a $42,500 loan and a $10,000 grant.

It was that the speech of the alleged car wash was his own apartment building.

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California Professor Triggers Controversy Over Anti-Police Opinions Captured On Videotape

There are increasing complaints regarding faculty using classes for uncooked advocacy or political diatribes. The most recent such criticism appeared at Cypress College where an instructor slammed a pupil, Braden Ellis, later he called police”heroes” The unnamed adjunct scientist insisted that police were made in the South to track down runaway slaves and represent a danger to others and her.  What’s particularly ironic is that the presentation was on cancel culture.
What’s most striking about the video below is that the student looks more balanced and reasonable than the professor. He states that he considers some officials deserve to be punished but that most are good and honorable people — precisely what amounts like President Joe Biden have stated.
The professor’s remark not only look strikingly intemperate but incorrect. The scientist claims (erroneously ) that the police were made to track down runaway slaves. There could be places where the very first official law enforcement bodies were made for such a purpose, but many police departments were obviously not made for such a goal.
The conversation centered on the Nickelodeon series Paw Patrol, that faced criticism since it revealed police in a positive light. From the video, 1 pupil agrees that maybe police should not be included as personalities at a kids’ series — a view clearly preferred by the professor who stated that she would never call police if she were in trouble as”my life’s more at risk in their presence… I wouldn’t call anyone.”

This discussion demonstrates why students feel uncomfortable in talking freely on our campuses.  We discussed a Gallup poll showing Average percent of Pomona students stated that they did not feel free to talk openly or freely. It is an indictment of not just Pomona however many of our colleges. This is not a issue for many students but a small fraction of both self-identified conservatives. One recent poll shows the already modest population of conservative and Republican students has been cut by roughly half. The Crimson poll covered over 76 percent of the Harvard College Class of 2024 and found that the class contained 72.4 percent who self-identify as either”quite liberal” or”somewhat liberal” Just 7.4 percentage self-identify as”very conservative” or”somewhat conservative”  Another Harvard study revealed that 35% of conservatives felt that they may share their views on campus.
The pity is that the professor might have made this discussion a lot more jaded by talking the counter perspective of police not as fact but an alternate perspective. Many do dread the police and we should be able to go over the origin of those feelings.  Conversely, Ellis has been creating a reasoned argument that abuses by a few officers should not result in sweeping condemnations of the full profession.  The professor did not need to talk as much as right the pupil as if her view was based on unassailable facts.
Cypress College published the following statement:

Our community completely adopts this culture; students often defend one the rights to express themselves freely, even if opinions differ.
Any efforts to curb respectful and free expression on the campus will not be tolerated.
This was her very first course at Cypress and she’d indicated her intention to not come back in the autumn.
We’re reviewing the complete recording of this trade involving the adjunct professor and the student and will address it fully in the coming days.

Here’s the video.

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Tennessee Coach Sues After Being Fired For Tweet Insulting Stacey Abrams

We have been discussing disciplinary actions taken against students and faculty for statements made outside of their respective schools.  The most recent involves Chris Malone that was terminated as the offensive line coach at The University of Tennessee in Chattanooga after he published an abysmal discussion about Georgia politician Stacey Abrams. The tweet was sophomoric but the actions taken by the college would be now a legal issue before the Eastern District of U.S. District Court of Tennessee. 
Malone was obviously upset by the Georgia Senate runoff races and wrote”Congratulations into the nation GA and Fat Albert @staceyabrams as you have really shown America the true works of cheating in an election!!! Enjoy the buffet Huge Girl! You earned it!!! Hope that the money was great, still not governor!”
It’s a remarkably moronic and childish tweet and Malone deleted it after some of his former players reacted to it. However, he was fired from the college.
Wright issued a statement that

“Our football program has a very clear set of standards,. Those standards include others. It’s a message that our players hear everyday. It’s a standard I won’t waiver on. Life is bigger than football and as pioneers of young guys we have to set that case, first and foremost. With that said, effectively quickly, that person is no longer a part of my staff…The thoughts in that article do not reflect the values of our football program, our sports department or our college.”

Malone nevertheless did not say that his tweet symbolized the college, football software, or anyone other than himself. That is a core region of protected speech in the United States.
Where does the faculty draw the line? If Malone called Abrams that a”liar” but did not make the sophomoric references to her looks?  Many professors routinely called Trump that the enormous fat orange liar and don’t have any blowback in their own universities. By way of instance, Harvard Professor Lawrence Tribe (that President Biden simply put to the Supreme Court commission) has habitually used juvenile and vulgar attacks against professors and political figures with conflicting viewpoints, such as myself. Tribe has called Trump a”terrorist” and supported a very lengthy litany of highly dubious criminal notions. He previously told CNN that”If you are going to take him, you have to take to kill.” Tribe called Senator Mitch McConnell that a”flagrant dickhead!” And enjoys to use Trump-like insults like”McTurtle” to reference the Senator. He later ridiculed former Attorney General Bill Barr for his Catholic faith. His account was described by critics as a”vector of misinformation and conspiracy theories on Twitter”  in which Tribe frequently participates in vulgar attacks on people holding opposing viewpoints. Tribe excitement his followers by referring to Trump as a”Dick” or even”dickhead in chief.” Such slurs and invectives are all ignored when Tribe is offering consistent certainty that Trump could be prosecuted or impeached  on an ever-expanding collection of offenses. Really, the single time Tribe created a modicum of criticism from the left has been once he called the choice of an African American like Kamala Harris for Vice President as a just”decorative” choice.
If tweeting insulting and juvenile messages about politicians would be grounds for termination, Tribe and countless other professors are standing in the unemployment lines. The choice is to maintain a bright line between views expressed in the duration of employment instead of opinions expressed by people beyond their respective schools.  I don’t have any problem with the school privately reaching out to a academic to express concern or perhaps condemnation over their conduct or statements. But, formal area or official condemnations …

Why Does The FBI Agents Require Hard Drives In Seizing Digital Devices During The Giuliani Look?

I’ve been a lengthy critic of Rudy Giuliani going back years, such as interviews and press conferences that I have hailed for creating unsupported statements (as well as remarks inimical to his customer’s interest). However, Giuliani may have a valid point.  Based on Giuliani, this included computers and cell phones comprising digital files. On the other hand, the agents allegedly refused to carry hard drives that Giuliani said included substance associated with Hunter Biden, the son of our President. If the warrant did call for the seizure of electronic and computer devices, making no sense whatsoever, especially in accepting the term of the target of their search concerning the contents of their apparatus.  As a defense lawyer, I often wonder the reach of seizures in these searches too or too wide. I’ve not ever run into a search where agents refused to take proof that’s ordinarily defined within the scope of the warrant. We’ve yet to observe the warrant itself but this is a curious omission given the seizure of most computers.

Giuliani was about”Tucker Carlson Tonight” Thursday and described the look of his residence at 6 am by seven FBI agents. He said that the agents captured laptops and cell phones in what’s believed to be an investigation into the possible breach of the Foreign Agent Registration Act (FARA). That itself is noteworthy since, until a couple of decades back, FARA violations were rarely prosecuted criminally and many violations were treater as civil or administrative measures.
Giuliani denied these violations:”I never represented a Ukrainian official or national prior to the United States government. I’ve declined it several times.  I’ve had contracts in countries such as Ukraine. In the contract is a clause that says I won’t engage in lobbying or foreign representation.  I don’t do it because I believed it could be too compromising.”
However, it is this statement that stuck out for me:

“By the end of the search, when they had taken around, I’d say, seven or eight electronic items of mine… they weren’t taking the three hard drives, that naturally, are electronic devices.  They simply mimic the pc.  And they said,’Which are they?  Plus then they said’no, no, no”

On one hand, the FBI could assert that they have that proof because the notebook was previously captured. However, how do they realize that hard drives included the exact identical info? Yet, the agents took his word for that which was about the apparatus? For all of the agents knew, Giuliani could have obtained all his incriminating FARA signs and simply hit a”Hunter Biden Stuff” tag on the exterior.
Another explanation might be that the search warrant was written. The Justice Department may exclude hard drives out of concern with privileged communications. However, I haven’t seen that type of constraints in previous searches.  In previous cases, the Justice Department reduces such searches through filtering teams instead of leaving any storage apparatus.  It would also make no sense since the recent cellphones or laptops may not have records from the important interval. However, how would they know exactly what was to the hard drives?
It is also feasible that the FBI might say that Giuliani has been lying and there wasn’t any such hard drives offered. However, if that were the situation, an individual would expect the agents to go back for the promised hard drives missed from the search.
I’ve already written about the Hunter Biden notebook and the digital news blackout of this narrative, such as the strikingly reluctant coverage following the launch of the book. I honestly do not understand why the FBI would not …

Why Didn’t The FBI Agents Require Hard Drives In Seizing Digital Devices During The Giuliani Search?

I have been a lengthy critic of Rudy Giuliani years, including interviews and press conferences that I have hailed for creating unsupported statements (as well as remarks inimical to his customer’s interest). However, Giuliani might have a legitimate purpose.  Based on Giuliani, this comprised computers and mobile phones containing digital files. On the other hand, the representatives allegedly refused to carry hard drives which Giuliani said contained material related to Hunter Biden, the son of the President. In the event the warrant did involve the seizure of computer and electronic devices, that makes no sense at all, especially in accepting the term of the target of the search concerning the contents of the devices.  As a defense lawyer, I often question the reach of seizures in such searches too or overly wide. I have not encounter a hunt where representatives refused to take proof that’s ordinarily defined within the scope of the warrant. We have yet to see the warrant itself but this is a curious omission given the seizure of most computers.
Giuliani was about”Tucker Carlson Tonight” Thursday and explained the search of his house at 6 am by seven FBI representatives. He said that the representatives seized laptops and mobile phones in what is believed to be a research into the possible violation of the Foreign Agent Registration Act (FARA). That itself is noteworthy since, until a couple of years before, FARA violations were rarely prosecuted criminally and many violations were treater as civil or administrative steps.
Giuliani denied such violations:”I never represented that a Ukrainian national or official prior to the United States authorities. I have declined it many times.  I have had contracts in nations such as Ukraine. In the contract is a clause which says I won’t participate in lobbying or overseas representation.  I don’t do it because I believed it would be too compromising.”
But it’s this statement that stuck out to me:

“At the conclusion of the hunt, when they’d taken about, I would say, seven or even eight digital items of mine… they weren’t taking the 3 hard drives, which of course, are digital devices.  They simply mimic the pc.  Plus then they said’no, no, no.”

On the other hand, the FBI may assert that they already possess that proof because the laptop was previously seized. But how do they know that hard drives contained the identical information? However, the representatives took his word for what was about the devices? For all the representatives knew, Giuliani could have obtained all his incriminating FARA signs and simply hit a”Hunter Biden Stuff” label on the outside.
Another explanation may be that the search warrant has been written. The Justice Department may exclude hard drives out of concern with privileged communications. However, I haven’t seen that kind of limitations in prior searches.  In prior cases, the Justice Department reduces such searches through filtering teams instead of leaving some storage devices.  It would also make no sense since the recent cellphones or laptops might not have records in the important interval. But how would they know exactly what was to the hard drives?
It is likewise feasible that the FBI may state that Giuliani is lying and there was no such hard drives provided. Yet, if that were the situation, one would expect the representatives to go back for the promised hard drives missed in the search.
I have previously written about the Hunter Biden laptop and the virtual news blackout of this narrative, including the strikingly reluctant coverage following the launch of his book. I honestly do not understand why the FBI would not unwilling …

Georgetown Professor Under Fire For Reading The”N-Word” In A Class About Free Speech and Racism

We’ve been discussing professors who’ve been researched or sanctioned for the use of their”n-word” in courses or tests in Duquesne, John Marshall, Augsberg, Chicago, DePaul, Princeton, Kansas, and other colleges. What’s noteworthy in this situation is the criticism against Professor Swers indicates she would have the security of free speech and academic freedom if she had been black but no white person might use or read the word in any context for any goal.
In a letter to Swers, the students insist that”we uphold the First Amendment” but demand to control the language of professors in course, including reading from material to racism. They mention the Georgetown University Faculty aids that prohibits harassment and defines that terms as including”verbal abuse or ridicule, including slurs, epithets, and stereotyping; offensive jokes and comments; threatening, intimidating, or hostile actions, and displaying or distributing offensive substances, graffiti, writings, or pictures.” But this is a course on the”U.S. Political Systems” were the slur was a part of the underlying historical material and the students were warned in advance that the course would insure sensitive material.
The removal of these terms and graphics in a course addressing racism can substantially change and undermine a professor’s treatment of the subject. It is analogous to decision of the Yale University Press as it published Jytte Klausen’s”The Cartoons That Shook the World” (on the cartoons that resulted in riots and over 200 killed in protests worldwide). Yale eliminated the 12 cartoons from the book so not to insult Muslims. Thus, you could read the novel but not actually see the cartoons themselves.  In addition, the students are suggesting a black scientist could read in the historical documents in the identical course but not a non-black professor.
Swers was quoting Clarence Brandenburg from Brandenburg v. Ohio (a 1969 case we can discussed much in relation to”violent speech”), the Court struck down an Ohio law forbidding public language that was deemed as encouraging illegal behavior. It supported the right of the KKK to speak even though it is a hateful company.
The correspondence insists white professors cannot read these passages.  The students insist”This word wasn’t only written on the slide with no censoring but said with a hard’r.'” They also object that Swers referred to Brandenburg because”not a terribly sympathetic figure” rather than being more forceful and demonstrative in condemning the historical figure behind the Supreme Court decision. The students also need proof of being reeducated on the racism and approval that whitened professors are barred from using the word:

We request that you take action in the form of: 

A definite, sincere, and direct apology to everybody in the course; 

A meticulous review of demonstration and lecture material to possible bias; 

A demonstrated understanding of the history of the N-word and why it is unsuitable for a non-Black person to state it in almost any context, such as an instructional context.

The correspondence was filed Mirka Sosa using the campus Office of Institutional Diversity, Equity and Affirmative Action. Sosa insisted that Swers be held to”full liability” and highlighted that the dilemma is that she’s white and white professors”should not say that word in any way.”

As will come as little surprise to many on this site, my normal default remains with the free speech and academic freedom principles protecting Swers in studying from historical documents. Thus, I don’t agree that the use of offensive terms similar to this are prohibited in”any context” and whatever the intent behind these references.  In the end, the attempt to bar professors from studying from this a record based on their very own race is …

Project Veritas Sues CNN In Latest Media Defamation Lawsuit

Project Veritas has followed through with the assurance of its creator James O’Keefe to sue CNN over policy of the ban imposed with Twitter (The group also sued Twitter at another litigation ).  There’s been a explosion of such defamation lawsuits including a suit by Dominion from Fox News (For full disclosure, I am a Fox contributor). The suits increase interesting but hard grounds for networking suits.

As in previous controversies, Twitter has vowed to respond to inquiries on the basis of its own suspension or its own countervailing therapy of other information and advocacy organizations. The Project maintains that it was banned after one of its reporters confronted Facebook vice president Guy Rosen out of what appears his dwelling. That is a relatively common encounter with networking.  However, the issue from the CNN lawsuit isn’t foundation for but the reporting of the permanent suspension.
Project Veritas notes both CNN and anchor Ana Cabrera understood the grounds for its suspensions because on February 11, 2021, and in subsequent reports, it noted Project Veritas was permanently banned from Twitter to get a video/tweet that breached”the system’s policies prohibiting sharing–or dangers of sharing–other people’s private information without consent.” Com/2021/02/ / 11/tech/twitter-project-veritas/ / index.html; Ana Cabrera 3 (@AnaCabrera), Twitter (February 11, 2021), https://twitter.com / / anacabrera/status/1359977301312761857? Lang=en.
However, the Project stated that’about February 15, 2021, CNN produced a provably and knowingly false statement of fact concerning the effect which Twitter had banned Project Veritas on February 11, 2021, since Project Veritas breached Twitter’s rules related to’authenticity’ by’promoting misinformation’–not, as Twitter itself had promised, for its violation of Twitter’s policy concerning the honest dissemination of’private information'” It records a report by CNN’s Cabrera about February 15, 2021, on being banned for misinformation when she reported the ban was for an alleged  privacy violation.
The issue is whether reporting a suspension as basis on”misinformation” is defamatory when somebody was suspended for violating privacy guidelines. Both are detrimental to standing but one suggests an attempt to fool. While controversial in its own tactics, the Project maintains it conducts honest videotapes and tales. 

“The differentiation between Defendant’s false statements about Job Veritas’s ban from Twitter and also the announcements Twitter itself made about the ban is exceptionally significant and speaks directly to Project Veritas’s fitness to take part in investigative journalism,” as that phrase has been defined. Until recent times, honest and accurate factual reporting was the hallmark of science fiction, and good journalism was marked by its own neutral portrayal of details rather than its ability to further a preferred narrative. Project Veritas’s mission necessitates its loyal adherence to conventional notions of journalistic integrity, and CNN’s fictitious statement Twitter banned Project Veritas to get”promoting misinformation,” is conducive to Project Veritas’s professional standing.”

The question is whether it’ll be enough to find the Job to detection by defeating a anticipated motion to ignore.  If they can get into discovery, the Project could find depositions with Twitter along with CNN officials — a prospect neither corporation would relish.
Project Veritas has been accused of deceptive edits or accounts. Last September, Stanford University and University of Washington researchers wrote that a Job Veritas video alleging voter fraud using unknown sources was exactly what a”a national, coordinated elite disinformation campaign looks like at the United States.” But, that doesn’t appear to be the main reason behind its Twitter suspension. There remains many questions about the suspension out of Twitter that has revealed little awareness of responsibility to explain its activities against a conservative media outlet.  There are valid concerns that Twitter is using another benchmark in banning the Job as …

University of North Carolina Prizes NYT Reporter Hannah-Jones A Chair At Investigative Journalism

We have been referring to the assault on foundational notions of neutrality in mathematics in academia. This includes academics rejecting the concept of objectivity in mathematics in favour of open advocacy. Columbia Journalism Dean and New Yorker author Steve Coll has wondered just the way the First Amendment right to freedom of speech has been”weaponized” to protect disinformation. Now the University of North Carolina has awarded the Knight Chair at Race and Investigative Journalism to New York Times journalist Nikole Hannah-Jones. While Hannah-Jones was awarded a Pulitzer Prize for her writing on The 1619 Project, she has been criticized (like on this site ) for her role in purging dissenting views in the New York Times pages and embracing absurd anti-police conspiracy theories.

As mentioned earlier, Hannah-Jones was one of those journalists who denounced the New York Times for publishing the opinions of Sen. Tom Cotton to the use of troops to quell rioting from U.S. cities.  After Hannah-Jones and others flocked to the publishing of their views of Cotton, remark editor James Bennet was rustled outside to create a praying apology. That however was not enough. He was later forced to resign for publishing a pillar that advocates an option used previously in history with rioting.
Notably, while the use of national guard troops was convicted from the protests across the White Housethe delay in the use of national guard troops was later criticized in Jan. 6th riot.
Not long after enjoying a leading role in the removal of Bennet,” Hannah-Jones was criticized for advancing an anti-police conspiracy theory. 
In her now deleted tweet, Hannah-Jones promoted a thread that discussed the recent injuries and destruction caused by fireworks wasn’t the fault of protesters but actually part of a conspiracy. These episodes have become increasingly more of an issue for residents both in protests and arbitrary attacks. This comprised an episode involving the victimizing of a displaced guy and attempt of the police to spot the culprit:

The ribbon promoted the opinion of a person named as Robert Jones, Jr. that

“The press is reporting this as if it’s only Black and Brown kids blowing off steam, but that I don’t believe that’s the case. My neighbors and I feel that this is part of a coordinated attack on Black and Brown communities by government forces; an attack meant to disorient and destabilize the #BlackLivesMatter movement”

When confronted with her republishing of this conspiracy theory, Hannah-Jones deleted the conversation and apologized.  That was the proper reaction.  However, the episode doesn’t seem to have prompted any reconsideration of this recent move against the Times or its editors. In that event, they printed not even a conspiracy theory but a pillar onto an electricity held by the national government for decades and used in history.
There wasn’t a great deal of”investigative reporting” shown in Hannah-Jones indicating that police were framing protesters by covertly giving them the fireworks utilized against the general public or displaced individuals. It fit a story and that was adequate.
Contrary to the editor of the Times, but such concepts are not seen as cause of resignation or unacceptable”both sideism.”  
Academics have also criticized Hannah-Jones composing on the 1619 Project. They increased”matters of verifiable fact” that”cannot be referred to as translation or’framing.'” They whined that the job represented”a displacement of historic comprehension by ideology” The Atlantic noted that”given the prestige of these historians involved, the letter is a serious obstacle to the trustworthiness of this 1619 Project, which has drawn its share not only of admirers but also critics”
The problem is that figures such as Hannah-Jones represent a …

University of North Carolina Prizes NYT Reporter Hannah-Jones A Chair In Investigative Journalism

We have been referring to the assault on foundational concepts of neutrality in journalism in academia. Including professors rejecting the very concept of objectivity in journalism in favor of open advocacy. The University of North Carolina has given the Knight Chair at Race and Investigative Journalism to New York Times journalist Nikole Hannah-Jones. While Hannah-Jones was given a Pulitzer Prize for her writing on The 1619 Job, she has been criticized (like on this blog) for her role in purging dissenting views from the New York Times pages along with adopting absurd anti-police conspiracy theories.
As discussed previously, Hannah-Jones was one of those journalists who denounced the New York Times for publishing the views of Sen. Tom Cotton on the use of troops to quell rioting in U.S. cities.  After Hannah-Jones and others objected to the publishing of the views of humor, remark editor James Bennet was rustled outside to create a praying apology. That however was not enough. He was afterwards compelled to resign printing a pillar which urges an alternative used formerly in history with rioting.
Notably, although using national guard troops was condemned in the protests around the White Housethe delay in using national guard troops was criticized in Jan. 6th riot.
Not long after having a leading role in the removal of Bennet, Hannah-Jones was criticized for advancing an anti-police conspiracy theory. 
In her deleted tweet, Hannah-Jones promoted a thread which discussed how the recent injuries and destruction caused by fireworks was not the error of protesters but really a part of a conspiracy conspiracy. This occurred at a time when police are trying to quell the use of these fireworks in New York and other cities. These incidents were becoming more and more of a concern for taxpayers both in protests and random attacks. This comprised an episode involving the victimizing of a displaced man and attempt of the police to identify the culprit:
As criticism of using fireworks climbed so did a conspiracy theory on the Internet is the fireworks are a part of a police plot”to disorient and destabilize the #BlackLivesMatter movement” The thread promoted the opinion of a person named as Robert Jones, Jr. that

“The press is reporting this because if it is just Brown and Black children blowing off steam, however I do not think that is the case. My neighbors and I even think this is part of a coordinated attack on Brown and Black communities from government forces; a attack intended to disorient and destabilize the #BlackLivesMatter movement”

When confronted with her republishing of the conspiracy theory, Hannah-Jones deleted the tweet and apologized.  That was the appropriate reaction.  On the other hand, the episode does not appear to have prompted some reconsideration of the current move against the Times or its editors. In that episode, they printed not a conspiracy theory but a pillar onto a power held by the federal government for years and used in history.
There was not a great deal of”investigative reporting” shown in Hannah-Jones suggesting that police were framing protesters by covertly giving them the fireworks used contrary to the public or displaced individuals. It fit a narrative and that was adequate.
Contrary to the editor of the Times, but such theories are not viewed as cause for resignation or improper”both sideism.”  
Academics also have criticized Hannah-Jones writing about the 1619 Job. According to The Atlantic, Princeton historian Sean Wilentz criticized the work and some of Hannah-Jones’s other work a letter conducted by scholars James McPherson, Gordon Wood, Victoria Bynum, along with James Oakes. They raised”things of fact” which”cannot be described as translation …

University of Rhode Island Condemns Faculty Member For Publishing Criticism Of “Trans-Sex/Gender Ideology”

Last week Women’s Studies Professor Donna Hughes was convicted at the University of Rhode Island for composing an op-ed that criticized what she called the LGBTQ ideology.  The op-ed actually criticized the way right too for exactly that which Professor Hughes calls intense”philosophical dreams” however, the college just items to her criticism of LGBTQ viewpoints from a feminist standpoint. The college also warned that, while”school possess exactly the very exact rights, duties, and responsibilities as other American citizens” under the First Amendment those rights are not”boundless.”
We wrote about academic freedom issues at University of Rhode Island because of its Director of Graduate Studies of History Erik Loomis, that has defended the murder of some conservative protester and stated he saw”nothing wrong” with such acts of violence. Loomis also announced that”Science, data, and technology are all inherently racist as they are developed by racists that live in a racist society, whether they identify as racists or not.”
Hughes actually starts and spends a lot of her op-ed criticizing the way right and its violent history and ideology.  But she then criticizes what she calls similar dreams on the far left. In doing so, Professor Hughes was espousing a view shared with other feminists that aspects of LGBTQ writings undermine feminist values and intentions. She asserts that”The American political left is now increasingly diving headfirst in their very own world of lies and fantasy and, unlike at the imaginary universe of QAnon, actual children are getting to be actual victims. The trans-sex dream, the belief that a person could change his or her gender , either from male to female or from female to man, is spreading largely unquestioned one of the political left”  She added that”[w]omen and girls are expected to give up their places of privacy including restrooms, locker rooms, and even prison cells”
From a free speech and academic standpoint, the issue is not the merits of this debate but the conclusion of the college to issue a public condemnation. The announcement comprises the following:
As stated in the above referenced papers, faculty have a unique duty to show due respect for the views of other people and to”exercise critical self-discipline and ruling” and”appropriate restraint” in transmitting their private opinions.
The University, College of Arts and Sciences and Department of Gender and Women Studies are working to encourage our students and the area as we move throughout — and learn from — that situation.
I’m concerned what students will”learn in this situation.”  The college states that professors don’t like”boundless” rights and they need to”demonstrate due respect for the views of other people and to”exercise critical self-discipline and judgment” and”appropriate restraint” On the other hand, the objection is that Hughes released her views regarding LGBTQ writings.  What would the mandatory”restraint” look like in such a situation? The University says categorically her”perspectives” of LGBTQ bases”can cause pain and discomfort for many transgender individuals” and the college”doesn’t encourage” them.
The only way that Hughes couldn’t cause such injury would be to remain quiet on her criticism of the motion. This is a matter that runs to the core of her writings as an academic and individuality for a feminist. I’m happy that the university hasn’t taken to fire Hughes or Loomis. I don’t have any problem with President David Dooley talking in his personal capacity against Hughes or composing a counter post addressing her different points of criticism.  But he chose to have the college as a complete condemn an academic for expressing her nod to LGBTQ writings from her very own feminist perspective.
The silence of additional faculty at the …

University of Rhode Island Condemns Faculty Member For Publishing Criticism Of “Trans-Sex/Gender Ideology”

Last week Women’s Research Professor Donna Hughes was convicted by the University of Rhode Island for writing an op-ed that criticized what she called the LGBTQ ideology.  The op-ed really criticized the far right as well for what Professor Hughes calls intense”ideological fantasies” but the university just items to her complaint of LGBTQ viewpoints from a feminist perspective. The university also cautioned that, while”faculty have the same rights, obligations, and responsibilities as the American citizens” under the First Amendment those rights are not”boundless.”
We previously wrote about academic freedom issues at University of Rhode Island due to its Director of Graduate Studies of History Erik Loomis, that has defended the murder of a conservative protester and stated that he saw”nothing wrong” with such acts of violence. Loomis also announced that”Science, data, and technology are all inherently racist because they’re developed by racists that reside in a racist society, if they recognize as racists or not.”
Hughes really starts and spends much of her op-ed criticizing the far right and its violent ideology and history.  However, she subsequently criticizes what she calls similar dreams about the left. In doing so, Professor Hughes was espousing an opinion shared by other feminists which aspects of LGBTQ writings undermine feminist values and intentions. She argues that”The American political left is increasingly diving headfirst into their own world of fantasy and lies and, unlike in the fanciful world of QAnon, actual children are becoming actual victims. The trans-sex dream, the belief that a person could change his or her gender , either from male to female or from female to man, is spreading mostly unquestioned among the political left.”  She added that”[w]omen and women are expected to provide up their places of solitude like restrooms, locker rooms, and even prison cells.”
In a free speech and instructional perspective, the issue is not the merits of the debate but the decision of the university to issue a public condemnation. The statement comprises the following:
A faculty member’s First Amendment and academic freedom rights are not boundless, however, and should be exercised responsibly with due regard for the faculty member’s additional obligations, such as their obligations to the University’s students and the University community. As mentioned in the above referenced documents, college have a unique duty to show due respect for the opinions of other people and also to”exercise critical self-discipline and decision” and”appropriate restraint” in distributing their private opinions.
The University, College of Arts and Sciences and Department of Gender and Women Research are working to support our pupils and the area as we proceed throughout — and learn from — this circumstance.
I’m concerned what pupils will”learn from this circumstance.”  The university says that professors do not like”endless” rights and that they must”show due respect for the opinions of other people and also to”exercise critical self-discipline and judgment” and”appropriate restraint.” On the other hand, the fact remains that Hughes published her perspectives concerning LGBTQ writings.  What will the required”restraint” look like in this situation? It sounds like Hughes is expected to”exercise critical self-discipline” by not stating her viewpoints LGBTQ ideology and writing.  The University states categorically that her”viewpoints” of LGBTQ foundations”may lead to pain and discomfort for many transgender individuals” and the university”doesn’t support” them.
The only means that Hughes could not result in such harm is to stay quiet on her complaint of the motion. This is an issue that runs into the very core of the writings as a academic and identity as a feminist. I’m thankful that the university has not taken taken to fire Hughes or Loomis. I have no problem …

University of North Carolina Awards NYT Reporter Hannah-Jones A Seat At Investigative Journalism

We have been referring to the assault on foundational notions of neutrality in mathematics in academia. This includes academics rejecting the concept of objectivity in mathematics in favor of open advocacy. Columbia Journalism Dean along with New Yorker writer Steve Coll has denounced the way the First Amendment right to freedom of speech was being”weaponized” to shield disinformation. While Hannah-Jones was given a Pulitzer Prize for her writing about The 1619 Project, she’s been criticized (like on this site ) because of her part in purging dissenting viewpoints from the New York Times pages along with embracing ridiculous anti-police conspiracy theories.
As mentioned previously, Hannah-Jones was among the journalists who uttered the New York Times for publishing the views of Sen. Tom Cotton to the use of troops to quell rioting from U.S. cities.  Hannah-Jones applauded the disgraceful conclusion of the Times to apologize for publishing such an opposing viewpoint and denounced those who engage in what she called”even-handedness, both sideism” journalism. When Hannah-Jones and others objected to the publishing of the views of Cotton, opinion editor James Bennet was rustled out to create a praying apology. That however was not enough. He was later forced to resign for publishing a pillar that advocates a choice used previously in history with rioting.
Notably, while the use of national guard troops was convicted from the protests around the White Housethe delay in the use of national guard troops had been criticized in Jan. 6th riot.
Not long after playing a leading part in the elimination of Bennet,” Hannah-Jones was criticized for progressing an anti-police conspiracy theory. 
In her deleted tweet, Hannah-Jones promoted a thread that discussed the recent injuries and destruction caused by fireworks was not the fault of protesters but actually a part of a conspiracy. This is happening at a time when police are trying to quell the use of those fireworks in New York and other cities. These incidents were becoming more and more of a concern for citizens equally in protests and random strikes. This comprised an incident between the victimizing of a displaced man and attempt of the police to spot the offender:
As criticism of the use of fireworks have grown really has a conspiracy theory on the world wide web is that the fireworks are a part of a police storyline”to disorient and destabilize the #BlackLivesMatter movement” The thread promoted the view of a person identified as Robert Jones, Jr. who

“The media is reporting this as though it is just Black and Brown kids blowing off steam, but I don’t think that’s the situation. My neighbors and I feel that this is part of a coordinated attack on Black and Brown communities by government forces; an attack intended to disorient and destabilize the #BlackLivesMatter movement”

When confronted with her republishing of this conspiracy theory, Hannah-Jones deleted the conversation and apologized.  This was the right response.  On the other hand, the incident doesn’t seem to have prompted some reconsideration of the recent movement from the Times or its editors. In that episode, they published not only even a conspiracy theory but a pillar onto an electricity held by the federal government for years and used in history.
There was not a great deal of”investigative reporting” shown in Hannah-Jones suggesting that police were framing protesters by covertly providing them the fireworks utilized contrary to the public or displaced individuals. It fit a narrative which was adequate.
Unlike the editor of the Times, however, such concepts aren’t viewed as cause for resignation or improper”both sideism.”  
Academics have also criticized Hannah-Jones writing about the 1619 Project. They …

University of Rhode Island Condemns Faculty Member For Publishing Criticism Of “Trans-Sex/Gender Ideology”

The op-ed really criticized the much right too for exactly what Professor Hughes calls extreme”ideological fantasies” but the college only objects to her criticism of LGBTQ views from a feminist perspective. The college also warned that, while”faculty have the exact rights, duties, and responsibilities as the American taxpayers” under the First Amendment those rights are not”boundless.”
We previously wrote in the faculty as the home of University of Rhode Island and Director of Graduate Studies of History Erik Loomis who has resisted the murder of a conservative protester and said that he saw”nothing wrong” with such acts of violence. Loomis also announced that”Science, statistics, and technologies are inherently racist because they are developed by racists who live in a racist society, whether they identify as racists or never.”
Hughes really begins and spends much of her op-ed criticizing the way right and its violent history and ideology.  However, she subsequently criticizes what she calls comparable fantasies on the far left. In doing so, Professor Hughes was espousing a view shared by other feminists which aspects of LGBTQ writings sabotage feminist values and aims. She argues that”The American political left is now increasingly diving headfirst into their very own world of lies and fantasy and, unlike from the imaginary universe of QAnon, actual kids are getting to be actual victims. The trans-sex fantasy, the belief that a individual can change his or her gender from male to female or from female to man, is spreading mostly unquestioned among the political left.”  She added that”[w]omen and girls are expected to provide up their places of privacy like restrooms, locker rooms, and even prison cells.”
From a free speech and academic perspective, the problem isn’t the merits of the argument but the decision of the college to issue a public condemnation. The announcement includes the following:
A faculty member’s First Amendment and academic freedom rights are not boundless, however, and must be exercised responsibly with due regard for the faculty member’s additional duties, including their duties to the University’s students and the University community. As stated in the above referenced papers, faculty have a particular duty to show due respect for the views of other people and to”exercise critical self-discipline and judgment” and”appropriate restraint” in transmitting their personal opinions.

I am concerned what students will”learn from this situation.”  The college claims that professors don’t enjoy”boundless” rights and that they need to”demonstrate due respect for the views of other people and to”exercise critical self-discipline and judgment” and”appropriate restraint.” However, the objection is that Hughes published her views about LGBTQ writings.  What will the mandatory”restraint” look like in this case? The University says categorically that her”viewpoints” of LGBTQ foundations”may lead to pain and distress for most transgender individuals” and the college”does not support” them.
The only means that Hughes couldn’t cause such injury would be to stay quiet on her criticism of the motion. This is a matter that runs to the very core of her writings as an academic and individuality for a feminist. I am happy that the college has not taken taken to fire Hughes or Loomis. I have no problem with President David Dooley speaking in his personal capacity against Hughes or composing a counter essay addressing her different factors of criticism.  However, he decided to have the college as a whole condemn an academic for expressing her objections to LGBTQ writings from her very own feminist view.
The silence of additional school in the college to confirm their student’s rights to free speech and academic freedom is, again, deafening.
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Twitter Suspends Cornell Student For Showing Picture Of Hunter Biden

The conservative site College Repair has an account from a Cornell student that grabbed my eye today in light of this lawsuit against Twitter by Project Veritas for violating ill-defined”privacy principle.”  Joseph Silverstein says he was suspended after demonstrating a widely accessible image of Hunter Biden in his underwear — one of the pictures taken from his laptop. Twitter insists that the image simplifies privacy principles despite being taken from an allegedly abandoned laptop, widely discussed within the public domainand concerning a matter of public debate. It’s also another instance of Twitter’s strikingly conflicted censorship policies where images of Rudy Giuliani allegedly groping himself really are permissible but a media confrontation facing a house having a Facebook a photo attached to the Biden laptop aren’t.
Silverstein recounts posting a tweet above the picture stating”Imagine if this was Don Jr. instead of Hunter Biden?” The film has emerged widely in publications and on different sites.
Twitter nonetheless deleted the tweet, suspended the pupil, and informed him that he had been blocked for”violating our principles against sharing privately produced/distributed romantic media of someone with their express consent.”
The media has tried to press him about the credibility of the contents.
Significantly, a recent research purportedly showing neutral censorship principles by Twitter confessed that the organization doesn’t share real data and any information is actually”inconclusive” on prejudice because of the denial of the provider.
The trouble is that Twitter is taking to center calls from Democratic members to get greater censorship on this stage. CEO Jack Dorsey previously apologized for censoring the Hunter Biden narrative prior to the election. However, rather than addressing the dangers of such censoring of news reports, Senator Chris Coons pushed Dorsey to expand the types of censored stuff to prevent individuals from discussing any viewpoints he considers”climate denialism.” Similarly, Senator Richard Blumenthal appeared to take precisely the opposite significance from Twitter, declaring it had been wrong to censor the Biden narrative. Blumenthal said he was”concerned that both of your companies are, in fact, backsliding or retrenching, which you’re failing to do this against harmful disinformation.” Accordinglyhe wanted an Reply to This question:
“Can you devote to exactly the identical kind of robust content modification playbook in this coming election, including fact checking, tagging, reducing the spread of corruption, along with other measures, even for politicians from the runoff elections ahead?”
“Robust content modification” appears the new Orwellian rallying cry within our society.
What is intriguing about the Twitter decision on this pupil is this type of picture would be the cornerstone for torts of a promise of this public disclosure of embarrassing private facts. But that tort has an exception to newsworthiness:

One who gives publicity to a matter concerning the private life of another is subject to liability to the other for invasion of their privacy, if the matter publicized is of a kind that
(a)  would be highly offensive to a reasonable person, and
(b)  is not of legitimate concern to the public.

The student was using a widely discussed picture of their son of the President — one of several images that critics allege not only demonstrate his period of abusive drug usage (while being paid by foreign firms ) but also images that might have been utilized to influence or blackmail the family until they were revealed through the notebook computer. It’s a component of a nationwide news story regardless of the active effort of many in the media to prevent the narrative. It might by some other measure satisfy the newsworthy exception as would the picture of Giuliani.
There’s absolutely no question this …

“I Do Not Enjoy Barriers”: New York Woman’s Podcast May Be Weighed In Trial Of Killing Of NYPD Officer

An arrest in the departure of NYPD officer Anastasio Tsakos may raise some hard evidentiary inquiries in the analysis of Jessica Beauvais, 32. Before Beauvais raced Tsakos, she posted a podcast which not only revealed her drinking but signing off with”F**K ” The admissibility of that podcast proof is likely to be the topic of a motion by the defense prior to any trial.
Tsakos was directing traffic away from a fatal accident on a freeway in Queens around 2 a.m. when he was hit by a 2013 Volkswagen. The driver fled the scene and also Tsakos later died. In addition, there are reports that she struggled with police when being put in custody.
Once they had her in custody, she is caught on body-worn camera stating”What exactly did I do?” Court documents also estimate her as saying

“I smoke marijuana regularly. I drank 2 glasses of wine earlier today and then dropped my son off in Hempstead. I smoked a joint last night prior to my podcast which I did in Brooklyn; the podcast was from 6:30 to 8:30 p.m. I brought the bottle of wine that I had with me into this podcast. I had two shots of 1800 patron tequila. When I left, I did not understand where I was moving so I used my GPS. I don’t understand the reason why they quit me, even speeding I guess. I did hear a thump, so that I knew I hit something but I did not see exactly what it was.”

Beauvais seemed to admit to running over Tsakos as she was led out in handcuffs.  She told me”I’m sorry that I hit him that he’s dead. I didn’t mean to. I am sorry!”  When asked about what she’d say to his family, like his 6-year-old daughter along with a 3-year-old kid, Tsakos said”I did not mean to, I am sorry. I was coming from the studio. I do a podcast”
That podcast — and that announcement — are likely to feature greatly in any offense.  The entrance may prevent an evidentiary struggle by prompting a plea agreement. But if she goes to a trial, then the defense is likely to assert that the podcast’s evidentiary value is outweighed by its prejudicial effect.
In the podcast, Beauvais is seen smoking and reportedly taking shots of Vodka while playing N.W.A.’s”F**k tha Police”  The accident occurred some time later however, the consumption of the alcohol could be admissible if the time period is shut. Even the Daily Mail reported that the podcast Facebook Live occurred just hours before the fatal crash.
It’s the anti-police rhetoric which would be harder.  I’d assert that this has been protected political speech and that its entrance would be highly prejudicial in this situation. There is not any evidence that this was an intentional act.
Lines like the following would probably inflame the jury:”We can fight the police too. If you’re going to shoot me, then get it on with. What I am saying you’re not likely to try me while I am still breathing. Just like N.W.A say concerning the authorities –if you’re going to kill me, at the least that I expect to take someone with me. I am one of these people. If I’m likely to go, somebody is coming”
She declared:

“Why would you need a weapon to do your task,” she inquires. “If you were afraid for your life, go be a secretary at Walmart. Do us the favor. Go open up a daycare. But stop hitting us with the (expletive) justification which you just felt threatened about something…
I …

“Outraging Public Decency”: Australian Convicted After Filming And Mocking Dying Officers In Crash

Supporting free speech is often a challenging task that demands protecting the most hated individuals or offensive viewpoints in our society. That is definitely the case with Richard Pusey, 42, who turned into a widely hated figure after he filmed and mocked police officers who were dead or dying on the road following a wreck. Pusey was convicted of the crime of”outraging public decency,” an odd crime that would make it possible for the extensive criminalizing of address.
According the BBC, police pulled Pusey, a mortgage broker, at April 2020 for driving his Porsche in 93 miles per hour on Melbourne’s Eastern Freeway. Then he proceeded to carry his phone out to picture that the perishing officers and mock them.  He added”I think everyone has cleaned up” and that I think I will be receiving a… Uber house, huh.”
The videotape is disgusting and, just like most people, I was furious after watching it. The female officer pinned under the truck is believed to have been alive while Pusey celebrated. When a bystander hurried up to leave aid and requested for Pusey to help, he said”They are dead,” and continued filming.
His speech was disgraceful but it was ultimately speech.
In the United States, Pusey could have been shielded from criminal complaint. Indeed, he’d likely be shielded from tort liability. Really, the leading case from the region involved the failure to render aid.
Even though Bigan dared Yania to jump into the hole full of water, the court found that this made no distinction because these taunts have been”directed to an adult in full possession of his mental faculties constitutes actionable negligence isn’t simply without precedent but completely without merit” On the principle , that the Court wrote:

Last, it is advocated that Bigan failed to take all the necessary actions to rescue Yania in water. The mere truth that Bigan saw Yania at a place of peril at the water imposed upon him no legal, even though a moral, obligation or duty to go to his rescue unless Bigan was legally responsible, in whole or in part, for placing Yania in the perilous place: Restatement, Torts, § 314. Cf: Restatement, Torts, § 322. … He voluntarily placed himself in the means of danger, and his death was the result of his own act. … His undertaking was a very reckless and dangerous , the event demonstrates, but there was no one to blame for this but himself. He had the best to try out the experiment, obviously dangerous as it had been, but then also upon him rested the consequences of that experiment, and upon nobody else; he may have been, and probably was, so ignorant of the threat which he had been taking upon himself, or understanding it, and trusting to his skill, he may have seen it as easily superable. However, in either situation, the consequence of his ignorance, or of the mistake, needs to break himself and cannot be billed to the defendants”. The complaint doesn’t aver any details which impose upon Bigan legal responsibility for placing Yania from the dangerous place in the water and, absent such legal responsibility, the law imposes on Bigan no obligation of rescue.
Recognizing the dead Yania is entitled to benefit from the presumption he had been exercising due care and extending to appellant the advantage of each well pleaded fact in this complaint as well as the fair inferences arising therefrom, yet we can reach but one conclusion: this Yania, a sensible and prudent adult in full possession of his mental faculties, undertook to carry out an act which …

Barnard Professor Triggers Free Speech Controversy After Writing About”Detonating” and Gassing White Folks

A book by a Barnard College English teacher named Ben Philippe has generated a firestorm owing to his depiction of a dream of gassing white individuals.  The book passage has led a few to need review in the faculty for possible discipline or conclusion. As will come as no surprise to many on this site, I think such writing should be protected as a matter of free speech and academic freedom.  The episode does however raise another case highlighting the cloudy or conflicting treatment given these writings from universities. It’s doubtful that a book referring to the gassing of minorities could have led to anything besides a quick suspension and ultimate termination in many universities.
Philippe writes in his book”Sure, I’ll be your Black Friend” around”detonating” white folks as neighboring air vents spew out poisonous gas:”If this race war hits its crescendo, I’ll gather you all into a beautifully decorated room under the pretense of unity,. I’ll give a speech to civility and most of the good times we discuss; I’ll smile as we increase glasses to a good, white wellness, while the detonator blinks beneath the desk, knowing the leaves are locked and the air vents filled with gas.”
Thus Philippe is explaining the genocidal murder against white individuals. As per a few conservative websites, he had been asked about his book on the CBC show”q” by guest host Talia Schlanger who noted , as a Jewish person whose”grandparents survived the Holocaust,” she had been bothered by the passage.  However, after Philippe stated that”it had been disturbing to write, also” and that he is not a violent individual, Schlanger actually apologized to Philippe:”I wished to say for you that I’m so sorry that your experience of this world made you feel like that.”
You will find those will have suggested that declaring a desire or dream to burst and gas white individuals cannot be taken in an academic that has to have the ability to teach pupils of all parties.  Moreover, such comments may be mentioned as creating a sense of a safe surroundings at Barnard. However, there’s absolutely no indication that Philippe has engaged in these violent and violent speech in courses or around campuses. Such passages are expressing deep-seated anger out of his own expertise and views in our society. I find them offensive and upsetting but writers have often used such shocking passages to challenge readers.
My concern is that the biased or conflicting handling of these instances.  I have defended faculty who have made likewise disturbing comments denouncing police, calling for Democrats to suffer,  strangling police officers, celebrating the departure of conservatives, calling for the killing of Trump assistants, encouraging that the murder of conservative protesters and other statements that are outrageous. These comments were not protested as producing an”dangerous environment” and have been largely dismissed by universities. There were also this episode at the University of London between Bahar Mustafa as well as one involving a University of Pennsylvania professor. Some intolerant statements against pupils are deemed free speech while some are termed hate speech or even the basis for university action. There’s a lack of consistency or uniformity in these types of activities which turn on the specific groups left handed by out-of-school opinions.  There’s also a tolerance of faculty and students piled down fliers and stopping the speech of conservatives.  Really, even faculty who attacked pro-life urges was encouraged by college and lionized for her activism.
As we have discussed (with an Oregon professor along with a Rutgers professor), there remains an unclear line in what language is protected for teachers in …

The Difficult Realities Of Lethal Force

Below is my column in the Hill about the spate of police shootings and the consequent calls for reforms and criminal fees.  Two brand new episodes have occurred in the last week and the two raise serious concerns that have to be replied on using deadly force.  He was allegedly shot in the back when attempting to flee but no gun was discovered. Back in Virginia, Isaiah Brown, 32, was shot over six times with a deputy who seems to have thought that a phone was a gun.  The officers had previously given Brown a ride home and they were afterwards called back into the home due to a disagreement. The tape shows Brown stating that he was planning to kill his brother with a gun, but Brown informed the 911 operator he did not possess a gun. These as well as the former cases capture the dangerously uncertain and chaotic context of these cases.  The two Brown cases raise serious concerns that have to be replied on using deadly force.
Here’s the column:
The shooting of 16-year-old Ma’Khia Bryant in Columbus, Ohio, has produced a torrent of objections to how authorities respond to armed suspects. Some, like MSNBC host Joy Reid, only declare that using deadly force to stop a knife attack is”murder” “The View” co-host Joy Behar thinks officers that come upon somebody about to knife another person should take in the air, as a warning. President Biden has maintained that police officers need to take armed suspects in the leg.
However, there is a reason police guides do not say”purpose for the leg” or even”attempt to take the weapon out of the defendant’s hand.” It is called”impending injury,” the normal governing all police shootings. The truth that several people describe such shootings since”warranted” isn’t to belittle these tragedies but also to comprehend the underlying exigencies that control using deadly force.
In the slow movement videos of shootings played on cable tv, there often seems to be endless chances for de-escalation or options to deadly force. We all need to hear about the loss of the young life like Bryant’s. But Biden’s proposal — that”rather than anybody coming at you and the first thing you can do is take to kill, you take them in the leg” — isn’t exactly how it functions, practically or legally.
When officers utilize deadly force, it is meant to”neutralize the threat,” to not kill somebody. They’re trained to passion for the center of the body because it reduces the chances of a miss while maximizing the chances of neutralizing the defendant. Shooting for the leg or hand or weapon can endanger others and may not neutralize a defendant. Similarly, officers are not trained to use nonlethal force, like a taser, to stop a deadly attack. When there is an impending threat of deadly force, officers use deadly force to stop that threat.
These dangers were obvious in 2019 if Aaron Hong conducted at authorities with a large knife as officers begged him to drop the knife as well as moved back. Hong lurched at a officer that fired seven rounds. Despite the close proximity and planning for the body, most of the shots appear to have missed, but Hong was struck at least once. He then got up despite his wound, conducted at the other officer and was catching his weapon when a third officer fired four more rounds. Getting Biden shout from the sideline into”Shoot for the leg! Shoot for the leg!” Would not have helped.
The secret is that the legal threshold for the use of deadly force. The Columbus …

Twitter Admits On Censoring Criticism of Your Indian Government

On Saturday, Twitter admitted that it is actively working together with the Indian government to pay criticism of its handling of this pandemic as the number of cases and deaths has been skyrocket. There are conflicting reports that the Indian government has misrepresented the number of deaths and the real rate of instances may be up to 30 times greater than reported.  The state has a shortage of beds, oxygen, and other essentials because of a failure to adequately prepare for a new surge. With the support of many Democratic leaders at the United States, Twitter now frequently censors viewpoints in the United States and India had no difficulty in devoting it to crackdown on people raising the alarm within the government handling of this crisis.
Buried in an Associated Press story on the raging outbreak and failures of this Indian government are those two lines:

“On Saturday, Twitter complied with the government’s petition and prevented individuals in India from seeing more than 50 tweets that seemed to criticize the government’s handling of this outbreak. The targeted articles comprise tweets from resistance ministers critical of Modi, journalists and normal Indians.”

The article quotes Twitter as saying that it had the ability to”withhold access to this material in India only” if the company determined the material to be”prohibited in a specific jurisdiction.” Therefore the criticism of the government within this circumstance is prohibited therefore Twitter has agreed to become an arm of the government in censoring data.
Remember that that some of this information could be authentic and really protect lives. It is not”fake news” but efforts by journalists and other people to disclose failures by the government which may cost thousands and thousands of lives. Twitter’s policy says:

Content that’s demonstrably false or misleading and may result in considerable risk of harm (such as increased vulnerability to this virus, or adverse impacts on public health programs ) may not be shared on Twitter. Including sharing content which could mislead individuals about the nature of this COVID-19 virus; the efficacy and/or security of preventative measures, treatments, or other steps to mitigate or treat the disease; official regulations, restrictions, or exemptions pertaining to health advisories; or even the incidence of this virus or risk of infection or death associated with COVID-19. In addition, we may label Tweets which share misleading information regarding COVID-19 to decrease their spread and provide extra context.

Here we’re saying that Twitter is behaving in coordination with the Indian government to pay criticism of its reply — criticism which may expose”significant dangers of harm” from government neglect. Additionally, Twitter will not seem to be merely flagging the tweets but preventing them in the behest of the government such as an out-sourced censor agency.
This is the surface of the newest censors.  The future in language control is not in the classic state mdia model however, the alliance of nations with corporate giants like Twitter. Twitter now actively participates in exactly what Democratic leaders approvingly predict”robust content modification” to restrain viewpoints and political dissent.
When Twitter’s CEO Jack Dorsey arrived before the Senate to apologize for obstructing the Hunter Biden story prior to the election for a error, senators pushed him and other Big Tech executive for more censorship.
In that hearing, associates like Sen. Mazie Hirono (D., HI) pushed witnesses like Mark Zuckerberg and Jack Dorsey for assurance that Trump would remain barred from speaking on their programs:”Which are the two of you prepared to do regarding Donald Trump’s use of your programs after he quits being president, would be nevertheless be deemed newsworthy and could he be …

Portland Mayor Condemns Anarchists But Stops Short Of Condemning Antifa

I specifically disagreed with the statement of House Judiciary Committee Chair Jerry Nadler who Antifa (and its own participation in violent protests) is really a”myth.”  What has been most striking about that hearing has been that the refusal of Democratic members to condemn Antifa’s activities or recognize the reach of anarchist violence much as riots raged in Portland, Oregon and other cities. Indeed, Sen. Mazie Hirono, D-Hawaii, beautifully walked from the hearing after Sen. Ted Cruz, R-Texas, contested her to condemn Antifa and leftist violence.
Now, Portland, Mayor Ted Wheeler who formerly blamed former President Donald Trump along with the national authorities for violence is still now calling on citizens to stand up to this”self-described anarchist mob.”  I am not sure why Wheeler added”self-described” but his belated understanding of this threat is still welcomed.
Wheeler called for the town’s inhabitants to aid governments in their efforts to”unmask” members of their”self-described anarchist mob” who are still riot and loot in the city. Portland is at a state of crisis and riots have lasted for a long time. Indeed, Democratic leaders in the city seem to have worked through all of the”phases of grieving” identified by psychologist Elizabeth Kübler-Ross: jealousy, anger, bargaining, depression, and acceptance. They started with denial and transference in blaming federal government and Trump for its violence.  Then they joined protesters in furious denunciations of the national government is seeking an alliance.
Then they bargained with the groups. (They didn’t go as far as cities like Seattle in allowing actual”autonomous zones” past summer, but avoided confrontations and limited police responses). Wheeler himself was criticized for failing to act contrary to the rioting but insisted he was trying to find a middle road of”compromise” with the bands. Following a period of depression once the rioting lasted after the Biden election, then they’ve finally made it into approval.
That progression however is not evident with other federal as well as state Democratic leaders. Democratic leaders are still prevent criticizing Antifa and some like Nadler deny their very existence. This amount of fear and jealousy is what Antifa has struggled to make. As I have written, it has long been that the”Keyser Söze” of this anti-free speech movement, a professionally qualified group that employs measures to prevent easy detection or association.  However, FBI Director Chris Wray has pushed back to the denials of both Antifa’s violence or work. He told one committee a year ago Wray said”And we’ve quite a few — and also”Antifa is a true thing. It is not a fiction.”
Some Democratic leaders not just recognize Antifa but support it. Former Democratic National Committee deputy seat Keith Ellison, today the Minnesota attorney general, after said Antifa would”strike dread in the heart” of Trump. This was later Antifa was engaged in many acts of violence and its own site was prohibited in Germany.
Notably, among the witnesses in the Senate hearing last year was conservative journalist Andy Ngô, that was assaulted by Antifa members at Portland. He wrote a book about the collection but stores like Portland’s famed shop Powell’s Books have prohibited it out of its shelves. When celebrity Winston Marshall congratulated Ngô in his novel, he was condemned and later issued a cringing public apology.   Ngô recently needed to leave the state due to the strikes and death threats from Antifa along with other teams. Somebody doesn’t have to concur with Ngô to support his right to talk or oppose the efforts to block individuals from being able to purchase or read his book.  However, the”deplatforming” effort against Ngô, his book, and anyone who wants him is a …

ABC-Washington Post Poll: Biden Supported By Bare Majority Of Americans

A brand new ABC News/Washington Post poll indicates the President Joe Biden has so far failed in unifying the country. His approval amount stands at just 52 percent, one of the cheapest polling results for a president as 1945. The result reflects not just our hardened politics but likewise the conclusion of Biden to proceed forward using a hard-left agenda as well as legislation that is muscled through on a small number of votes.  There’s been little evidence of an attempt to reach compromise or consensus. Nonetheless, the poll is surprising. After all, Gov. Andrew Cuomo is polling at 56% and might still win reelection despite allegations that he participated in rampant sexual harassment, bungled the pandemic, also hid embarrassing statistics on deaths from Covid-19.
Biden’s popularity is significantly lower than any contemporary president except for Gerald Ford in 1974 at 48 percent and Donald Trump at 42% in 2017.
I’ve been disappointed in Biden’s collapse to direct in the middle.  I did not have the exact expectations for Trump to alter his divisive policies or style.  However, Biden was known as a moderate who could make hard calls.  I was hoping that that Biden would surfaced following the election despite unsatisfactory minutes on the campaign trial.
Biden pledged following the election to become truthful with the people and make tough calls. He hasn’t fulfilled that pledge.  On issues from the attempt to end the filibuster into a raw attempt to package the Supreme Court, Biden has stayed silent. He has repeatedly shown an unwillingness to face the far left of his party which seems to be driving policy and legislative initiatives. He’s not made the challenging calls and that failure of leadership to issues like court packaging has set the celebration at odds with nearly all voters in some areas.
I never knew why Trump did not moderate his rhetoric politics as every poll showed that he was still continuing to lose critical girls and suburban voters.  Biden seems equally blind to the costs of pursuing the identical strategy from the left. He’s still doing ten points greater than Trump but that is still barely a vast majority of Republicans in support of his new presidency.  Given his presidential demeanor and moderate language, Biden should do much better.
The announcement of AOC seems to echo within this poll which found that 40% of voters were worried that Biden was too liberal — the greatest of current Democratic presidents.  Another 53 percent were worried that he was expanding the government too much.  Only 52 percent favored his handling of the market and just 37 percent approved of his own work on immigration.  (He received strong marks for his pandemic relief efforts and proceed to raise corporate taxation ).
The poll also reveals a sharp partisan divide with just 13 percent of Republicans encouraging Biden (another departure from past modern presidents who normally saw greater support in the opposing party, except for Trump).  What may be a greater concern is Independents generally offer sizable majorities for a new president at 100 days — 75% for Reagan and 67% to Obama. Again, he is closer to Trump who saw only 38% support at precisely exactly the identical point.
The polling may also reflect the diminishing trust in social networking. The media was largely at the tank for Biden in needing to run certain tales, running hit pieces against his rivals, and also downplaying controversies. Despite overwhelmingly favorable news coverage, it hasn’t translated into overwhelming polling numbers. That could reflect how the people is currently either cynical in the networking or self-contained in …

Hits and Misses: HuffPost along with Washington Post Criticized Over Pieces Attacking GOP Senators

The HuffPost was compelled to take down a tweet accusing Cruz of lying although the Washington Post ran a hit piece Scott that claimed (but neglected ) to show false components to his”cotton to Congress” life narrative.
We did not do that. We might have… You did not see Republicans when we had control of the Senate attempt to rig the game. You did not see us attempt to pack the Court.”
HuffPost publicly assaulted Cruz for lying about court packaging in a broadly circulated tweet:”Sen. Ted Cruz may have told his biggest lie yet with the promise that Republicans never engaged in court packaging when they dominated the White House and Congress.”
The HuffPost subsequently moved from dishonestly to duplicity by asserting”An earlier version said that Cruz whined about court packaging. The dishonesty can be found in the claim that Republicans never”rigged the game”
Rather than admit they made a false claim, HuffPost insisted it had been creating a different stage after deleting the first stage.
Yet, HuffPost continued to telephone Cruz that the”master gaslighter.”
Democrats have fought to find high ground since many have called for the packaging of the Supreme Court — a move long opposed by the vast majority of Americans.  President Joe Biden has vowed to denounce court packaging.  As a result, some have claimed that Republicans have packaged the Court by conflicting Merrick Garland and controlling seats because of Republican nominees.  That is not packaging under any possible definition of the period. I affirmed Garland obtaining a vote from the Senate. (Otherwise, the Democrats would have gone to court to secure an order to induce a constitutionally necessary vote). The HuffPost however claimed the GOP actually tried court packaging.
The simple fact is that the GOP didn’t kill the filibuster when they held that the majority and didn’t seek to pack the Court.
Even the Washington Post had its own embarrassing moment this week with a bizarre bit by Glenn Kessler that suggested that Scott exaggerated his entire life story of going from a childhood picking cotton to the halls of Congress. The bit promised some concealed insecurities or lie:”Tim Scott frequently speaks about his grandfather and cotton. There’s more to this narrative.” What was disturbing is the piece has been tied directly to Scott being selected to give the answer to Biden following his nationwide address — adding to the impression that it was a raw and preemptive struck slice.
If you read the piece, you discover nothing.  The Post noted that”The narrative of his grandfather fits in with a story of Scott moving up from modest circumstances to reach a place of political authority from the U.S. Senate. The next line does nothing to contradict the announcement in the first line. In addition, the Post goes on to state it is relying on”the South Carolina census documents” however”census data is historically questionable at best — and sometimes unreliable.”
Kessler’s piece might have been a fantastic base for a profile story on Scott and his history. Instead, it needed a juggler’s hit a Republican senator just before he had been given a national stage to challenge President Biden.
What is left is a gotcha headline without any support.  The Post simply says that the narrative could be”more complex” than simply”cotton to Congress.” It’s bizarre. The Post states”Scott’s family history in South Carolina offers an intriguing window to some acclaimed aspect of history at the racist South following the Civil War and in the immediate wake of slavery — some enterprising Black households purchased property for a way to avoid sharecropping and achieve a …

This Carriage does it Justice: My New and Bizarre Typewriter

It had been some time since my most recent purchase of odd technology pieces, the most recent being a telephone using a rotary dial and a touch-tone pad. Vintage Royal typewriter with a gigantic, twenty-inch-wide carriage.
There’s absolutely not any escapement from that 39 pound lexi-beast; cf. at 7 lbs a Remington Personal-Riter guide typewriter. It can in just one and a half lines write the entirety of this Preamble to the United States Constitution, and still have space for 2 invocations of this Quick Brown Fox to complete the second point.
(Click photo to enlarge)
Though there’s always a need for me to have the odd and quirky–a continuous Innerer Schweinehund that frequently refuses to be tamed–I did have an authentic legitimate need…my extant typewriter is too little to load #10 envelopes. And, I’ve in the past six months embraced a neo-luddite mindset toward traditional communication, including, ahem, typed postal letters, and eschewed the dominant paradigm of electronic frivolities of email and other vacuous intangibilities that seem to lack a soul but are to convenient…and hence are immaterial in value. So I made a decision to hunt and peck for a broader carriage. Returning to the subject, most elderly typewriters were marginally better, but I discovered you so ridiculously broad, I simply could not refuse.
The most obvious trait of this typewriter, I think it’s a Royal FPF, is it has 220 columns. It can feed adjacently two regular 8 1/2″ by 11″ webpages, one of which inserted collectively, with approximately a half-inch betwixt to spare.

Surprisingly, it’s not difficult to type on. I believed given the large and heavy nature of this carriage, so it might require more effort to type and utilize the return lever. You really do need to reach apparently all the way out together along of your arm merely to catch the return lever and crank it to the proper. The first few times I could not help but laugh, even as it was nearly over-the-top in a geek-a-licious kind of way. The typewriter does seem to be somewhat slower in typing compared to my more portable version. Plus it does show its age a little, when I cleared all the Tab Stops and I hit the Tab button from the very first column. Initially the carriage started sideways but it reverted into a near stop. Yet with nearly dogged decision it iterated itself as if it almost struggled to gain momentum. I offered some kindred assist by touching it to drive it ahead. But it snapped forward, as if refusing my pity and cantankerously lurching ahead in demonstration.  It was a struggle, however he did handle make it to the conclusion –a muted bell nearly condescendingly proclaiming a”winner!” . I guess he left his wings for this one. In time he’s improved, and no longer struggles with all the slide run.
Everything concerning this typewriter controls power, nearly overbuilt when compared with today’s rickety plastic world. It is a tribute to both mass and I tend to gravitate toward such qualities. Recently I have found myself getting increasingly cynical in my mood, however, the final thing I need in the end of my days would be to die a politician. I must instead accent the great. Being cynical is Acutely Grave, and damaging to healthBar none. It is 1 reason I try to steer clear of politics, Prime ministers and politicians like Macron do not impact my life directly so I should instead just content myself with an relaxed Phase of Smooth Breathing and type for composing sake.

Funny the way the secret …

Suspect Who Dragged NYPD Officer Was Previously Released Pending Trial For Attempted Murder

The recently released video of some NYPD officer was dragged by a fleeing suspect took an even more controversial turn when it was disclosed that the defendant was out on bail despite being charged with attempted murder. Takim Newson’s previous launch with a judge is baffling given the alleged offense and Newson’s prior criminal record.
Newson, 32, was halted by police officers after he doubled parked on a busy street and the automobile had greatly t
inted windows. The officers noted that his speech was slurred and Newson admitted to smoking marijuana. He had been advised by the officer he was not under arrest but they asked him to get out of the car.  He then threw the car in reverse and dragged the officer.

After the traffic stopped, Newson is accused of breaking into a house in Queens and threatening a 66-year-old woman by pretending he had a gun. He then left without taking anything and allegedly stole a Jaguar sedan.
What is surprising is the fact he was out after an arrest in February with no bond.  Newson is accused of shooting a person from the groin through an attempted Valentine’s Day prosecution in a Queens pub. Prosecutors required that he stay in jail pending trial.  His lawyer was asking for $50,000 bond. However the court reportedly released him without bond although he had been arrested after fleeing the scene.
According to media accounts, Newson functioned a 31/2-year prison sentence for an armed robbery in Nassau County prior to being paroled at 2011. He was also accused of shooting police officers in  2008 and the other shooting in 2011.
The judge at Queens has been Judge Denise Johnson that had been rated”not approved” by town Bar Association prior to her election November. She ran unopposed for the judicial chair. The not approved evaluation was because of the simple fact that Johnson failed to publish papers and information for review from the Bar.
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2 Professors Face Discipline After Posting Flyers Denouncing a Conservative Colleague

There’s an intriguing and hard free speech controversy brewing at Tennessee Tech University.  Two academics, Julia Gruber and Andrew Smith, circulated a flyer accusing another scientist, Andrew Donadio, of being a racist and stating that he is”on our list.” They are now facing possible area.  It appears that this mess all started because Donadio applauded a bit too loudly at a meeting of the Putnam County School Board. The board rejected the proposition and Donadio, an assistant professor of nursing at Tennessee Tech as well as a nearby county commissioner, applauded loudly. What he did not know was that Gruber was sitting in front of him and found his applauding excessive and offensive.Gruber then contacted Smith, a professor of English at Tennessee Tech. Smith had a complaint with Donadio over his functioning as the advisor for Turning Point U.S.A..  The conservative type is frequently the goal of liberal academics and activists because it maintains a Professor Watchlist that tracks college who say”radical” or biased opinions in class.  The group insists that it is seeking to not only expose such bias except to allow pupils to avoid such classes.Smith and Gruber distributed a menacing-looking flyer of Donadio on a chair of knives (ala The Game of Thrones) that accused him of”hate speech” and becoming a racist. There is not any evidence to support claim.
The flyer stated in part:

“This racist school professor believed it would be a excellent idea to begin a Tennessee Tech chapter for this particular federal hatred group, where racist students can combine to frighten, threaten, intimidate, and terrorize individuals of color, feminists, liberals, and so on, especially [sic] their educators. Their organization made a national”Professor Watchlist” to frighten and bully innovative teachers, including most women, African American, and Muslim academics…
You are on our list. Your despise & hypocrisy aren’t welcome at Tennessee Tech. No more Unity With Racists. Hate Speech Is Not Free Speech.”

Following a complaint was filed by Donadio, campus police identified that the professors out of safety footage. The flyer’s reference to being on a list was viewed as threatening and the academics were also found to be in violation of two state policies, Firstthey are required to”conduct themselves fairly, honestly, in good faith and in compliance with the greatest ethical and professional standards.” Secondly, they must create”an environment that promotes academic freedom, diversity, fair treatment and respect for all faculty, staff, pupils and the general people.”
It is hard to defend the conduct of Smith and Gruber, that clearly sought to frighten a colleague for his political views.  They embody the intolerance for opposing views that is destroying higher education and free speech. Turning Point is a recognized student group on campus that Smith and Gruber were attempting to demonize and label a racist. The clear intent is to make it more difficult for students and faculty to support the class.
However, this was also an act of free speech. They are eligible to speak out against a colleague and they insist that the flyer’s reference to the list was meant to model the list from Turning Point.  I don’t find the reference as a plausible threat.
My next concern is that the faculty policies are so generally and ambiguously written that they can be used arbitrarily or capriciously.
That leaves us at a muddle.  The actions of Smith and Gruber have been in my opinion reprehensible in tagging a colleague as a racist who engages in hate speech. It was unfair and unsupported. If it were true, Smith and Gruber might have filed a complaint with the university. They could …

Two Professors Face Discipline After Posting Flyers Denouncing a Conservative Colleague

There’s an interesting and difficult free speech controversy brewing at Tennessee Tech University.  Two professors, Julia Gruber and Andrew Smith, circulated a flyer accusing another scientist, Andrew Donadio, of being a racist and stating that he is”on our list.” They are now facing possible discipline.  It seems that this mess started because Donadio applauded a bit too loudly at a meeting of the Putnam County School Board. Seriously.According to websites like Inside Higher Education, Gruber (as associate professor of German) was present at the meeting thinking of a need to change the name of the Algood Middle School Redskins. What he didn’t know was that Gruber was sitting facing him and found his applauding excessive and offensive.Gruber subsequently contacted Smith, a professor of English at Tennessee Tech. Smith had a complaint with Donadio over his serving as the adviser for Turning Point U.S.A..  The conservative team is often the goal of liberal professors and activists because it preserves a Professor Watchlist that tracks faculty who express”radical” or biased comments in class.  The team insists that it is seeking to not just expose such bias except to allow pupils to avoid such classes.Smith and Gruber spread a menacing-looking flyer of Donadio on a seat of knives (ala The Game of Thrones) that accused him of”hate speech” and becoming a racist. There’s absolutely no proof to support claim.
The flyer stated in part:

“This racist college professor believed it’d be a terrific idea to help start a Tennessee Tech chapter for this national hate group, where racist students can unite to harass, threaten, intimidate, and terrorize individuals of color, feminists, liberals, and the like, particularly [sic] their teachers. Their organization created a nationwide”Professor Watchlist” to harass and bully innovative teachers, including most women, African-American, and Muslim professors…
Professor Donadio and Turning Point USA. You are on our listing. Your hate & hypocrisy are not welcome at Tennessee Tech. Hate Speech Is Not Free Speech.”

After a complaint was filed by Donadio, campus police identified that the professors out of security footage. The flyer reference to being on a listing was viewed as threatening and the professors were found to be in breach of two state policies,” Firstthey are required to”run themselves honestly, in good faith and in compliance with the greatest moral and professional standards.” Second, they must create”an environment which encourages academic freedom, diversity, fair treatment and respect for all staff, faculty, pupils and the general public.”
It’s difficult to defend the behavior of Smith and Gruber, who certainly sought to harass a colleague due to their political views.  They embody the term for opposing views that’s destroying higher education and free speech. Turning Point is a recognized student group on campus which Smith and Gruber were trying to demonize and tag a racist. The clear objective is to make it even more difficult for faculty and students to encourage the class.
However, this was an act of free speech. They’re eligible to speak out against a colleague and they also insist that the flyer’s reference to the list was intended to mimic the record by Turning Point.  I do not see the reference as a plausible threat.
My next concern is that the faculty policies are so normally and ambiguously written that they are sometimes used arbitrarily or capriciously.
That leaves us in a muddle.  The activities of Smith and Gruber have been in my view in labeling a colleague as a racist who participates in hate speech. It was unjust and unsupported. If it had been accurate, Smith and Gruber could have filed a complaint with the university. They …

“State of Washington, Douglass Commonwealth”: House Democrats Set To Approve D.C.. As The 51st State

The House Democrats, with the support of President Joe Biden, are put to vote to approve the institution of the”State of Washington,” Douglass Commonwealth” as our 51st country today. I’d surfaced and written concerning D.C. statehood for decades and, as mentioned in a recent column, I think the best interests of both the country and the district inhabitants is found in retrocession, not statehood.
As mentioned earlier, there has been relatively little debate of this bill from the House, in which perfunctory hearings hurried it into the ground. What was lacking by design from the House was any acknowledgment, let alone consideration, of choices to creating the first Vatican-like city-state from the country. Most importantly, there wasn’t any discussion of what district citizens could gain from an alternate to statehood — retrocession.
The tragedy is that people have not ever had a full and honest discussion of the alternatives for securing full symbolic rights for district citizens. There’s very little interest in using this type of federal discussion or submitting this question to the Republicans in the form of a constitutional amendment. Polls show the majority of Americans still oppose D.C. statehood as they have for decades despite both well-funded campaigns and overwhelming support from the media.  There has always nevertheless been a pathway to full representational standing through retrocession. Additionally, there are opposing views on if a constitutional amendment is justified and, needless to say, the taste of some to keep the initial intention of the Framers in the building of”national city” that isn’t controlled by any nation.
The bill isn’t likely to be successful at the Senate and we will get rid of another year without a civil and full discussion of these options. On the contrary, it will fail and deepen our divisions while supporting calls for murdering the filibuster rule.  The politics stays exactly the same as does the status of the district.…

Norfolk Police Officer Fired For Earning Anonymous Donation To Kyle Rittenhouse

Norfolk Police DepartmentSgt. William Kelly, the 2nd highest-ranking official at the Norfolk Police Department’s internal affairs department, was fired for making an anonymous donation to the defense fund for Kyle Rittenhouse. The contribution (shown following a security violation of this Christian crowdfunding website GiveSendGo was accompanied by a note saying that Rittenhouse did”nothing wrong.” Regardless of the obvious assault on free speech and associational rights, there has been little difficulty raised from the media or by legal specialists.  Two days ago, a reporter at Utah went to the house of a paramedic to face him on why he made a $10 contribution of Rittenhouse, who’s accused of killing two people during violent protests past summer in Wisconsin.
Kelly is a 18-year veteran of the department. He made an anonymous gift and wasn’t publicly speaking as an officer.  He also included a note”God bless. Thank you for your guts. Keep your head up. You have done nothing wrong.”

Norfolk City Manager Chip Filer explained in a declaration which Police Chief Larry Boon consented the officer violated provincial and city policies against”hurtful remarks.”
Section 5.1 of this Norfolk Police Manual prohibits any conduct or remarks, such as off-duty, that could create a”reduction of respect” for the department or bring it to”disrespect.” It’s the kind of ambiguous standard that is anathema to free speech and associational rights.
Not merely was Kelly fired, but Filer and Boon completed the action in just 72 hours leaving little time for a defense or complete evaluation.

In case this was an anonymous contribution, it is difficult to see how it violates any rule on people commentary. Reports suggest that Kelly has been the victim of a security violation. It’s also noteworthy that Rittenhouse hasn’t yet been found guilty and is entitled to a presumption of innocence.  Rittenhouse insists that he had been acting in self love after he had been assaulted.  That is clearly an extremely contested defense which has split many. It’s ultimately an issue for the court and the prosecution to decide.
Police officers (and paramedics) should be able to make contributions to legal capital without being harassed by the media or fired by their own departments. The simple fact that Kelly included a message to your legal defense fund does not implicate his department or fellow officials.  In the event the account of the violation is accurate, the comment wasn’t meant to be made public. It might amount to the shooting of an officer over a communication designed to become non-public — exactly the exact same status as a private communication. The question is whether the department would fire an officer that made such a remark individually in an email to  friends that was subsequently hacked.
In my opinion, the case raises very serious issues on free speech and associational rights. The Utah case is especially chilling because the media attempts to embarrass or frighten people who contribute to controversial causes or legal defense budgets.
At a minimum, the department must have allowed for a reasonable amount of consideration and investigation of those issues before terminating Kelly. Placing aside his 18 decades of public service, Kelly stays a taxpayer with basic rights accorded to him under the First Amendment.
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The Chauvin Appeal: How The Comments Of The Court and The Prosecutors Could Boost Challenges Going Forward

Below is my column in The Hill on two problems that arose over the final day of the trial of Derek Chauvin that could now feature prominently in any charm. There’ll likely be an array of standard appellate issues from the elements of the murder counts to the sufficiency of the evidence. Clearly, any charm will wait until after mediation, that will take many weeks. However, two difficulties have been highlighted on the final day that could perform a part in the appeal if the odds are from Chauvin. The very first on the denial of a venue change along with the sequestering of the prosecution is quite hard create work on appeal. However, there are strong arguments to be made in this instance.  I believe Judge Cahill must have granted the venue change and also sequestered this particular jury. . However, there are plausible reasons for challenging this jury might have been affected from the saturation of policy of the trial as well as rioting in the region.
Here is the column:
Call it”Authentic Concessions.” Judge Peter Cahill acknowledged that Rep. Maxine Waters (D-Calif.) Might have given the defense a basis to overturn any conviction, although prosecutors appeared to drive a stake through the heart of their cases against other officers charged in the passing of George Floyd. And it played out on live tv.
Damage Beneath the Waters Line
She said no verdict in the Chauvin trial would be accepted except a conviction for rhetoric that was senile — a requirement that might be a tad difficult to meet since Chauvin isn’t charged using first-degree murder.  All this as the prosecution literally headed off to willful.
A number people instantly noticed that Waters only triumphed in not only the Chauvin situation however her very own situation against former President Trump. Waters, among many House members suing Trump for inciting violence Jan. 6, will be his best witnesses against her suit.  Where she charged this Trump sought to incite violence and confound Congress, Waters has been denounced for inciting violence and intimidating that the trial court.
One of the denouncing Waters had been Judge Cahill, who announced in open court that”I want elected officials would stop talking about this case, especially in a way that’s disrespectful to the rule of law and to the judicial division and our function. If they wish to give their opinions, they should do so… in a way that’s consistent with their oath to the Constitution.”  Calling such comments”abhorrent,” Cahill additional this haymaker:”I’ll give you that Congresswoman Waters might have given you something on appeal that may come in this whole trial being overturned.”
His announcement wasn’t just a criticism but a concession that Waters’ comments could not have come at a time put the courtroom in a worse place.  A number of us now have criticized Cahill — that has done an otherwise outstanding job — for not altering the trial’s venue or sequestering the jury. Those rulings came back to haunt him protests grew ahead of the trial after which burst with all the killing of Daunte Wright in nearby Brooklyn Center, Minn..  Among the Chauvin jurors lives in Brooklyn Center, where rioting and looting happened even before Waters flew in to throw gasoline on the fire.
Cahill refused a defense motion for a new trial but acknowledged that Waters’ remarks exacerbated the appellate challenges in virtually any conviction. Such statements are not likely to overturn a conviction — indeed, such moves are notoriously difficult to acquire — but Waters has made it much more challenging for prosecutors in the situation. The …

Columbus Shooting Sparks Protests Despite Videotape Showing Knife Attack

The shooting of Ma’Khia Bryant, 16, in Columbus, Ohio has sparked protests regardless of the police releasing a videotape that seemed to reveal Bryant moving into stab another woman.  The episode has similar legal problems into the shooting of Adam Toledo in Chicago.  The parents of Bryant insist she dropped the knife just before being shot, exactly the identical situation raised in the Toledo shooting.  The videotape does seem to fulfill the standard for its use of deadly force under Tennessee v. Garner along with other law.

Police told local press that, at  4:32 p.m., officers had been dispatched to the speech after a caller reported a female has been attempting to stab other individuals.  The videotape shows Bryant moving toward another female with the knife before being shot by the officer.
Here is video using the body cam footage about 6:35.

The knife should revealed laying next to Bryant.

The site Heavy reports that Franklin County Children Services affirmed that Bryant had been a foster kid. Her aunt, Hazel Bryant, told The Dispatch that her niece”got into an altercation with someone else at the house” but Bryant dropped her knife before being shot by a Columbus police officer.
On its face, the videotape would offer strong support for a justified shooting case.
The Columbus Police manual says”Sworn personnel may use lethal force if the involved personnel have reason to believe the answer is reasonable to shield themselves or others contrary to the imminent danger of death or serious physical injury.” That language is based from Tennessee v. Garner, 471 U.S. 1 (1985), once the court addressed the Fourth Amendment protections afforded a fleeing suspect and held that an officer may not use lethal force to prevent escape unless”the officer has probable cause to believe that the suspect poses a significant danger of death or serious physical injury to the officer or others.”
Tennessee v. Garner addressed a fleeing unarmed suspects and found that the state statute too broad:
Using deadly force to stop the escape of all felony suspects, whatever the circumstances, is constitutionally unreasonable. Where the suspect poses no immediate danger to the officer and no threat to others, the harm resulting from failing to apprehend him doesn’t justify the use of lethal force to achieve that. A police officer may not seize an unarmed, nondangerous suspect by shooting him dead.
In Graham v. Connor, the court held that the question of if an officer used excessive force”requires careful attention to the details and circumstances of each specific case, including the severity of the crime at issue, whether the suspect poses a direct danger to the protection of the officers or other, and if he’s actively resisting arrest or attempting to evade arrest by flight.” However, the Court ruled unanimously that the”reasonableness of a specific use of force should be judged from the point of view of a reasonable officer in the scene, and its own calculus must embody an allowance for the fact that police officers are frequently forced to make split-second decisions about the quantity of force required in a specific situation.” (The ABA shared these and other instances in a recent article ).
In this case, Bryant had been in close proximity and moving toward another man with this knife. This was an immediate threat of deadly force created against another person and the officer could claim there was little space or time for”de-escalation” efforts.  The shooting is likely to be found to be justified under the governing standards for the use of deadly force.

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“Believe Your Eyes, Chauvin’s Knee Killed Floyd”: The Way The Line Between The Press and The Prosecution Disappeared In The Chauvin Trial

I printed a column warning that media policy of this George Floyd trial of Derek Chauvin was dangerously faulty and slanted. The concern was that the people wasn’t being informed of strong defense arguments that would be used in the trial. The threat is that any acquittal or hung jury would then come as an even greater surprise — leading to more rioting and violence. The policy of the final day of this trial only magnified those worries as legal specialists and journalists appeared more put on advocating than reporting about the underlying issues.
These concerns were evident within minutes of this defense beginning its closing argument. Defense lawyer Eric Nelson did a remarkably good job in protecting his client. However, CNN’s senior legal advisor, Laura Coates declared”Defense begins the closing by demonstrating reasonable doubt, not with why #DerekChauvin is naive. Consider that.”
Many of us did”consider that,” particularly those of us that are criminal defense lawyers.
My guess is that over 90% of defense arguments begin with defining reasonable doubt because it’s the framing standard for prosecution choice. It is the digital mantra of this defense. We begin by reminding the prosecution of its own burden, particularly if a prosecutor has given a much more fluid comprehension of that standard.  The last thing you need to do as a criminal defense lawyer is to imply that the jury must concentrate on whether or not a defendant is innocent. The burden is on the prosecutor to show that he is guilty.  The defense does not need to prove a thing for acquittal. As highlighted by Judge Peter Cahill (along with most of American judges), the prosecution must concentrate of the burden of evidence shouldered by the prosecution. The defendant is presumed innocent… at least outside CNN.
Just like Coates, Alcindor went on assault the moment the defense rose to create its closing argument.  This argument will be in direct contradiction to the prosecution’s case which says consider the eyes, Chauvin’s knee murdered Floyd.”

The statement is so bizarre that it is breathtaking. Alcindor appears aggrieved that the defense had the temerity to directly contradict the prosecution over the question of guilt.
The coverage has been striking from the glowing reports of the prosecution’s closing arguments rather than this criticism of this defense. More to the point, the policy shows very little concern over the rights of criminal defendants or appreciation for the position of defense counsel.
We saw the exact same trend during the Trump Administration when authorized specialists adopted ridiculously comprehensive interpretations of criminal provisions in a blind obsession to locate any way to charge Donald Trump or his family. Some of us from the defense team cautioned how dangerous such interpretations are — and the way they ignored both the component and controlling case law.  Legal specialists dismissed abuses revealed in prior investigations between defendants such as Michael Flynn along with Carter Page. They dismissed the consequences of crossing definitions of crimes like obstruction or even the Logan Act.  They defended judicial prejudice when it worked against Trump officials.
The most crucial aspect for this tendency is that legal analysis was once largely immune from these prejudice that is open. I have worked as a television analyst for thirty years on various networks. I have viewed as authorized analysts in both print and television have been a part of this echo journalism version — offering reassuring evaluation for viewers who want continual reaffirmation of their political preferences.  We have now lost any semblance of or neutrality.  That is in accordance with the tendency in journalism in large in …

Pelosi Won’t Criticize Waters Despite Court Denouncing Her Opinions For Undermining The Chauvin Trial

The fallout Within the comments of Rep. Maxine Waters (D., Cal.) 

Continued as Democrats have been asked to condemn her call for protesters to stay in the roads and receive more confrontational. I recently wrote a column on how Waters was the greatest possible watch for Donald Trump in her own lawsuit . Waters was denounced by Judge Peter Cahill for sabotaging not only any certainty in the trial of Derek Chauvin but the courtroom itself in seeking to carry out its constitutional purpose. Defended her refused to criticize these comments.  Before this year, Pelosi condemned Trump for criminal incitement and pushed by his impeachment for using similar words on Jan. 6th.  Waters was defended on CNN where press figures encouraged her call for protesters to stay in the roads and get”more confrontational.”
Waters told protesters to stay and”fight” for prosecution and told protesters they”gotta stay on the road” and then”get more confrontational.”  She said that they should not accept anything apart from a certainty.
In either the impeachment and at her suit, Waters insisted that Trump telling his fans to visit the Capitol to make their voice heard and”fight” for their votes was actual criminal incitement. Unexpectedly, Waters was speaking after multiple nights of rioting and looting and telling protesters to stay on the roads and get even more confrontational. There was violence following the remarks, including a shooting episode in which two National Guard members had been hurt. Waters has guaranteed that she is going to be mentioned by Trump in his own defense against her own lawsuit.
Judge Cahill made an odd statement in court which lambasted Waters because of her comments and how they undermined the fairness of this trial. He announced in the bench that

I am aware of the media reports, I am aware that Congresswoman Waters was talking specifically about this trial and also about the unacceptability of anything less than a murder conviction and also speak about being sporadically, but you can submit the press articles about that. This goes back to what I’ve been saying in the start. I need elected officials could stop talking about this case, particularly in a way that is disrespectful to the rule of law and into the judicial branch and our purpose. I believe if they would like to present their opinions, they ought to do this in a respectful [manner ] and in a style that is consistent with their oath to the Constitution to respect a coequal branch of government.

He further added that Waters just gave the shield a possible basis to overturn any certainty in the case.
When asked when they would request Waters to apologize, Pelosi stated”no more” and added”Maxine talks about confrontation in the manner of their civil rights movement.”
Over at CNN, Waters was also defended. 
It is amazingly thick and so is the hypocrisy with this, not least to state January 6th and what occurred on January 6th and also the number of Republicans that their words indicate that.  I actually just listened to Maxine Waters. All of us need to be mindful of what we say.  I don’t believe what she stated in anyhow should, we need to criticize her for. Naturally, we should be more confrontational.  That does not mean we should be more violent. But I was considering this as I was listening, would be Emmett Till was murdered in 1955, an all-white jury found that the people that did it innocent. Subsequently Medgar Evers, Jimmie Lee Jackson, therefore a number of these people which were guilty of killings and civil rights were subsequently …

America’s Micro State: Why Congress Must Consider Retrocession Rather Than Statehood

A vote is expected this week at the House for granting the District of Columbia full statehood. The bill will reach the floor with no discussion of the choice options to securing full voting rights for the district. While the House bill is not likely to pass unless the Democrats can succeed in murdering the filibuster.  On the other hand, the actual loss is that we’ve gone yet another year without talking options that may actually pass and bring an assortment of benefits to the district beyond just adding two Senate seats.  That is the alternative that the Democratic leadership has invested decades blocking from serious thought.  I lived in Washington and also have close ties to the city after initially coming to Washington as a young congressional page.  I’ve long urged a”altered retrocession” strategy rather than the creation of a micro state because I truly feel that a tailored strategy could address longstanding issues because of the district in addition to its representational status.
Here is the Hill column:
The entire House of Representatives is set for a vote at the forthcoming days to create the District of Columbia a country. The bill will be a priority for both the White House. Senators are calling for the killing of the filibuster rule allowing D.C. to become a country with only 51 votes after a tie breaker by Vice President Kamala Harris.
There has been comparatively little debate of this bill from the House, where perfunctory hearings rushed it to the ground. What was lost by design from the House was virtually not any acknowledgment, let alone consideration, of alternatives to creating the first Vatican-like city-state from the nation. Most of all, there was no discussion of what district citizens could profit from an alternative to statehood — retrocession.
The nation remains sharply divided over D.C. statehood despite many several years of advocacy and overpowering media support. During Marchthe liberal group Democracy for All 2021 Action reported slight change because, together with 54% support. But that is not a high degree of support for a new state after decades of campaigning for the thought
Given such profound division, one may expect there to be a series of hearings and public disagreements. Yet, like much else in Congress these days, there was hardly any debate and certainly no alternatives were considered. This is so familiar to a few people who’ve been involved with this issue for a long time. When a statehood effort failed because of lack of public support, Democrats pushed to give D.C. a vote at the House of Representatives. I realised five occasions from the House and Senate against that sooner bill as flagrantly unconstitutional. At the moment, I proposed a”altered retrocession program” that might have occurred decades ago or even for Democrats’ resistance. Under this program, the city would maintain unique components in a phased retrocession back to Maryland.  The two Maryland and the District could benefit from this type of strategy in my opinion.
Retrocession describes returning the district from whence it came: to Maryland. Originally, the district was made to be quite a diamond-shaped”national city” made up of property ceded equally from Maryland and Virginia. The Framers did not need any nation to control the national city and, consequently, its citizens will be represented with the Congress as a whole. After a couple of years, the district’s Virginians decided they wanted to return and were allowed to retrocede. The Marylanders decided to stay as a national city with no direct representation.
I’ve long asserted that the district’s non-voting standing is unacceptable and ought to change. …

Chicago Prosecutor Suspended For Stating Adam Toledo Were Armed Ahead Of The Feeling

The announcement was made in the bond hearing Ruben Roman, 21, who had been with Toledo on the night he died.  The task was taken despite the position of the Chicago police that Toledo was armed forces until a fraction of a second before the shooting — a view also echoed by local press after reviewing the videotape. But, various politicians such as Andrew Yang have insisted this was the shooting of”an undercover kid” by police. The mistake may prove be seen from the word”has.” The issue is whether this sort of activity was justified for a prosecutor who had been hoping to keep a dangerous individual in jail.
The shooting occurred in a stronghold of the Latin Kings, a notoriously violent gang at Chicago. Many of us who grew up in Chicago have been knowledgeable about the Latin Kings, which will be a massive criminal organization that often uses children to carry guns since they are subject to lower possible criminal penalties. Roman is facing felony charges of reckless discharge of a firearm and unlawful use of a weapon by a felon in Addition to child endangerment and breaking probation,
This incident occurred around 3 a.m., when two Chicago police officers faced the 13-year-old and Roman while exploring gunshots in Small Village. Roman was rumored to be a member of the Latin Kings.
It seems that Murphy had been opposing the bond to get Roman who had been accused of shooting a death car and alleged to be a part of a violent group. He noted that Toledo had a weapon. As local press has noted, that is supported from the videotape that shows what seems like a weapon in his hands less than two seconds prior to the shots are terminated.  A gun was found near Toledo and police say he pitched the gun as he was turning toward police.
The point in dispute at the proffer may be this:”The officer informs [Toledo] to drop it [Toledo] works towards the court.  [Toledo] includes a gun in his right hand” An individual could reasonably thing that the lineup seems to say that Toledo was the weapon from his hands in the time of this shooting. Murphy would probably say that the preceding line makes clear it is a reference to having a gun”because [Toledo] works out towards the officer.”  According to police, he”has” a gun from his hands a fraction of a second before turning toward the officer. The issue is whether such a difference warrants a people correction instead of a populace suspension.
Foxx had a lengthy and contentious record from the city, particularly in her function from the Jussie Smollett scandal.
Toledo is clearly not armed at the time he’s shot.  He seems to have pitched the weapon in a couple seconds of the shooting from Chicago Police Officer Eric Stillman. That raises the issue of whether the officer was justified in using lethal force. However, that wouldn’t indicate that Toledo was unarmed from the experience.

Murphy noted that surveillance video showed Roman shooting in the passing car with Toledo next to him.  He said that Roman and Toledo then ducked into an alley, where officials found them.  Despite thinking Roman to be armed, Stillman tackled Roman to the floor. As another officer places Roman into custody, Stillman then went after Toledo. Murphy allegedly noted that the gloves worn by Roman tested positive for gunshot residue and seven shell casings recovered from officials matched the handgun Roman is formerly seen using. He then allegedly added the gun appears to be the same that Toledo had been carrying.…

What Is The Difference Between The Wright And Bobbitt Shootings?

Photo: Brooklyn Center Police DepartmentBelow is Pillar in USA Today on charging decisions in the Wright and Bobbitt shootings.

The contrast in the two decisions raises serious concerns over the political and legal issues that rage around such cases.
Here is the pillar:
In one hour of one another, charging conclusions in two lethal police shootings were declared with strikingly different decisions.  The conclusions reached from the shootings of Daunte Wright at Minnesota and also Ashli Babbitt at Washington highlight concerns over the legal and political elements that may influence such decisions. The timing of both decisions that involved two disorderly scenarios raises questions why charges were filed in Minnesota, but not in Washington.
From the Minnesota shooting, police were trying to arrest Wright who, following a traffic stop, was discovered to possess an outstanding warrant for imposing police using an unlicensed firearm. Wright broke free from officers while he was handcuffed and jumped back into the vehicle to drive off.  Kim Potter made a decision to deploy her stun gun from Wright, which could probably be seen as a sensible level of force in this circumstance.  However, in the struggle, Potter caught her support weapon rather than her Taser. From the movie, the officer is heard yelling”taser, taser, taser” before she declares and says,”Holy S**t just shot .”
Weapon confusion cases
The situation has tragically familiar elements as a”weapon confusion” case. There are many such weapon-confusion instances that divisions have tried an assortment of solutions, from adding special instruction to fresh designs for stun guns. The problem is such instruction can be lost to the sin and fog of this violent landscape.
The instance is very similar to what happened in 2009, when Bay Area Rapid Transit officers fought with Oscar Grant to arrest him.
The videotape of this incident showed Mehserle shifting his thumb over his weapon because you would to release a safety around the Taser.  (His support weapon didn’t have that sort of safety release). The jury rejected second-degree murder or voluntary manslaughter charges but found him guilty of involuntary manslaughter.
Unlike previous circumstances, the prosecutors didn’t overcharge Potter.  The question is whether a possible split-second mistake lawfully creates a conscious choice of a officer.
The Babbitt shooting
In Washington, the Justice Department declared it wouldn’t control the officer who shot Ashli Babbitt during the Jan. 6 riot. The decision in Washington had a number of differences. Potter was billed in a couple of days. It’s been months since Babbitt was shot at the Capitol. The identification of the responsible officer has not been made public.  Babbitt was an undercover Air Force veteran without a criminal record.  While she had been clearly trespassing and at the forefront of a riot, then there’s absolutely not any claim that she had been threatening any officer or possible person with serious bodily harm or death. Indeed, close to her were officers that might have been hit by the round. (Babbitt was hoping to scale through a busted door at the Speaker’s Lobby as police fought back the mob).
In case the officer intended to shoot Babbitt, it wouldn’t likely meet the normal to get a justified shooting under regulating instances like Tennessee v. Garner (1985). In case the officer fired blindly or exceptionally, it would appear to have many of the identical negligent elements as the Wright shooting.
In rejecting fees, the Justice Department announcement specifically does not say the shooting was clearly warranted.  Instead, it mentioned that”prosecutors would need to prove not simply that the officer used force that was constitutionally unreasonable, but the officer did thus’willfully. ”’  …

“How Much Can The Present Style Benefit Us?”: AOC Questions Role Of Supreme Court In Defending Court Packing

It often seems our politics of rage has created a brand new age of berserkers, warriors revered because of their destructive fury. In order to distinguish yourself from the rest of the mob, you should show a willingness to lay waste to any structure or institution to the road to victory. Not to be outdone, Rep. Alexandria Ocasio-Cortez, D-N.Y. not only endorsed the court-packing scheme but appeared to question the very basis for Marbury v. Madison — that the case laying the foundation to the Supreme Court in our constitutional system.
AOC challenged the role of this Court in overturning laws. She contested”just, reluctantly, the notion that nine people, a nine individual court, can overturn laws that thousand– hundreds and tens of thousands of legislators, advocates and policymakers drew consensus on.”  She then included”Just how far does the present structure benefit us? And I really don’t believe it will.”
That present structure is called judicial review. It’s the very thing that prevents authoritarian rule. Notably, there is not much difference in the proposed thirteen justices overturning laws”thousands and hundreds of legislators, advocates and policymakers drew consensus on.” Unless she’s suggesting requiring a huge number of jurists to review laws in equal amounts, her difficulty seems to be using the idea of judicial review.
Part of the right to review is that the ambitious of unconstitutional federal laws.  Marshall noted that”[t]he powers of the legislature are defined and limited; and that those limits might not be mistaken or forgotten, the constitution is written.”
AOC seems as convinced a small number of jurists should not stand in judgment of their requirements of tens of thousands.  There is a term for that sort of system. Mill explains that”the will of the people […] practically means that the will of their most numerous or the most energetic portion of the population.” Framers such as John Adams called the form of tyranny and it is exactly what prompted figures such as George Mason to demand a Bill of Rights protecting individual rights against the authorities — and the will of the majority. You don’t need a First Amendment to protect popular language. It’s designed to safeguard the unpopular views of an insular and even despised minority.
What has been an enlightened view in the Eighteenth Century is now reactionary at the Twenty-First Century. The Court is an impediment to advancement. Really, the privileged few justices — whether thirteen — is intolerable for those who seek change our society.  These structural changes are being pushed through despite an election that left the Senate at a 50-50 tie and the House using a now two-seat majority. It’s indeed”tyranny of this mere majority.”
What’s most chilling yet is AOC’s question”Just how far can the present structure benefit us? It reflects a crisis for faith. No inherent system could long endure with a sort of leap of faith from the govern — faith not just in the machine itself however every other.  That faith is now gone. Instead, we’ve got the rise of the berserkers, politicians promising to yield to no institution or tradition that doesn’t”benefit us”
Back at the age of Vikings, berserkers would toss off their armor and even sting their own defenses in pure rage. Accounts of this time explain a sort of trancelike state called berserkergang that could explain many in our existing politics: some”shivering, chattering of the teeth, and then chill in the entire body, and then the face peeled and changed its colour. With this was joined a terrific hot-headedness, which gave into a excellent rage.” Norse leaders employed the berserkers to their …

“Terror By White Supremacists”: BLM Denounces Coverage Of Co-Founder’s Real Estate Purchases While Facebook Censors Story

We discussed the transfer from Twitter to block the tweet of athletics journalist Jason Whitlock criticizing the BLM co-founder Patrisse Khan-Cullors for buying a $1.4 million house in a secluded area of Los Angeles.  A self-professed Marxist, Cullors has allegedly purchased four homes worth over $3 million and has appeared at property investments in places such as the Bahamas.  Much like the censoring of a New York Post article about the Hunter Biden laptop story, Twitter was criticized for the censoring of the story and afterwards explained it was a error. Currently, Facebook has allegedly blocked the underlying New York Post report concerning the controversy.  Meanwhile, BLM itself insists that the controversy is hardly more than terrorism against white supremacists.
Various conservative sites reported this week that Facebook users could not talk about the URL to a story that shed light on Cullors’ multi-million-dollar splurge on homes. Fox News reported that”a error message appears when users attempt sharing the article on their own Facebook webpage or by means of the Messenger program.”
Cullors hasn’t denied the buy or the actual estate investments, for example in her statement below to the controversy. The story had been widely circulated since Cullors has long insisted that her BLM co-founder”are trained Marxists. We are super educated on, kind of, ideological theories”  She’s denounced capitalism just as worse than Covid-19.
Not exactly living up to her creed there.”
Additionally, the mind of New York City’s Black Lives Issue chapter called for an independent investigation into the business’s financing in the wake of the controversy.
However, I noted previously that there isn’t any evidence that this money came in BLM, that has allegedly raised almost $100 million in contributions from corporations and other sources. Truly, Cullors appears to get ample sources of capital. She released a best selling memoir of her life after which a follow up novel.  She signed a lucrative deal with Warner Bros to develop and produce original programming over all platforms, such as broadcast, cable and streaming. She’s also been featured in a variety of magazines such as her latest collaboration with Jane Fonda.
Cullors reacted to the controversy but did not deny the underlying facts:

“This movement started like, and will always remain a love letter to Black individuals. Three words Black Lives Issue — serve as a reminder to Black people that we’re human and deserve to live a lively and complete life. I worked multiple jobs across several organizations my whole life. I’m also a published writer, writer, producer, scientist, public speaker, and performance artist”

She afterwards denounced the policy of her alleged hypocrisy as an effort to”take[] from where the focus ought to be — ending white supremacy”.
The principal difficulty for me is not the house or the maintained hypocrisy. It’s the censorship of all Twitter and Facebook. Cullors is a public figure who is subject to public examination and commentary. Twitter is rife with an such criticism within the lifestyle choices of characters on the best that range from Donald Trump Jr. to Rand Paul. That’s an unfortunate element of being at a high visibility location. I would be concerned if criticism of Trump Jr.’s big game hunting exploits or Giuliani’s extravagant tastes were censored.
According to recently in testimony before the House, I remain an unabashed”Internet Originalist,” favoring the free forum for language that once defined these Large Tech businesses. Twitter and Facebook now consciously determine what people should know and discuss on topics of public attention.
BLM nevertheless is denouncing the policy as raw racism.  In a statement, it insisted that Cullors has made …

Hostile Takeover: Democrats To Introduce Bill To Pack The Supreme Court

We recently discussed the controversial commission created by President Joe Biden to talk calls to pack the Supreme Court in addition to lots of truly looney tips for preventing or diminishing the authority of this Court’s conservative majority. Some members nevertheless decided to not wait even to get a commission that is itself packaged with family members.  House Judiciary Committee Chair Jerry Nadler, D-NY, Sen. Ed Markey, D-Mass, and others will be announcing their plan to immediately include four new justices to the Court. The amount is calculated purely to give liberals a 7-6 majority on the Court. It is really about a subtle as a B-52 run.
Many people have discussed the expansion of the Supreme Court throughout the years. Over 20 years ago, I advocated the expansion of this Court to 17 or 19 members.  However, that recommendation would happen over several years and would not supply advocates the short-term majority they are seeking. That is the difference between reforming and packaging the Court.
The bill today strips out any pretense of principle. It is pure unadulterated court packaging. It is the very proposal denounced by the late Justice Ruth Bader Ginsburg before she died.  Lately, Justice Stephen Breyer desired against the transfer. One would think he’d be immune against the mob among the most consistently liberal justices in our history. However, this week,” Breyer cautioned against any move to expand the Supreme Court. He also resisted the characterization of their current Court because”conservative” or ideologically rigid. Breyer was swiftly denounced by characters like cable news audience Mehdi Hasan who called him”innocent” and called for his own retirement. Demand Justice, a liberal group calling for courtroom packaging, had a billboard truck at Washington the following day in the streets of Washington warning”Breyerand retire. Don’t risk your heritage.”
With the resistance of justices like Ginsburg and Breyer (and possibly the majority if not the Treaty Court), that is nothing short of a hostile takeover. It would lower the Court to some glorified FCC with lifetime tenure.
The odds of success in this ignoble aim are low. These politicians frequently decry what they see as strikes on the principle of law.  Well, this isn’t only an attack but an electronic declaration of war on the principle of law.  If Democrats just add members to provide them a controlling majority, the Supreme Court will have little authority or ethics. It will become the manufactured majority of a celebration using a razor thin management of Congress of 2 seats in the House and a 50-50 split in the Senate.
I am especially disappointed to visit Nadler in this group. I never imagined that I would see the day that the Chairman of the House Judiciary Committee would step ahead to call for raw court packaging. It is a indication of our current political environment in which rage overwhelms reason.…

Sixth Circuit Upholds Ohio Law Banning Aborting Babies With Down Syndrome

The United States Court of Appeals for the Sixth Circuit this week claimed that an Ohio law which prohibits physicians from performing abortions when they know the reason a woman is looking for an abortion is that her baby has allergies. It is a major win for pro-life advocates but might face an appeal to the Supreme Court.
The new law, H.B. 214, provides in relevant part: 

No person shall purposely perform or induce or attempt to perform or induce an abortion on a pregnant girl when the person has knowledge which the pregnant girl is looking for the abortion, in whole or in part, because of any of these:

(3) Another reason to think that an unborn child has Down syndrome.O.R.C. § 2919.10(B). 

Those violating the law are subject to a cost of a fourth-degree statute together with the chance of around 18 months .
What is strange about the legislation is that it turns on real knowledge (“the individual has knowledge which the pregnant girl is looking for the abortion” because of a unborn child with Down Syndrome). Doctors that avert such knowledge would not be able to be charged. It also means that one girl has a constitutionally protected right to abortion when she does not state her motivation while another can be barred from an abortion when she’s honest about her motivation.
Judge Alice Batchelder wrote to the 9-7 bulk in writing which the legislation does not violate a woman’s right to abortion since”There is no absolute or a se right to an abortion based on the phase of the pregnancy” The bulk notes:

“In this instance, Ohio does not rely on its own interest in protecting potential fetal life as support for H.B. 214, at least not explicitly.  Instead, Ohio depends upon its own interests : (1) protecting the Disease community by the stigma it suffers from the tradition of Down-syndrome-selective abortions; (2) protecting women whose fetuses suffer syndrome out of coercion by physicians who espouse and urge the abortion of such fetuses; and (3) protecting the integrity and integrity of the medical profession by preventing physicians from enabling such targeted abortions.  Neither the goal, effect, validity, nor significance of one or more of these interests ends up on the viability of the fetus.  The majority declared that”As limitations or prohibitions proceed, this can be specific and narrow,” she continued, and so it does not pose a”substantial obstacle” to a woman’s ability to get an abortion”

The majority concludes that”[a]so limitations or prohibitions proceed, this is specific and narrow,” and is not a”substantial obstacle” to a woman’s ability to get an abortion.
In his concurrence, Judge Richard Allen Griffin was more blunt and called the practice as equal to eugenics:”Many think that eugenics ended with all the horrors of the Holocaust. Regrettably, it didn’t. Eugenics has been the origin of the Holocaust and is a motivation for many of the selective abortions which occur now.”
In dissent, Judge Bernice Donald declared that”Before viability, the State’s interests aren’t strong enough to support a prohibition on abortion or the imposition of a significant obstacle to the woman’s effective right to elect the process.”
This case could pose a challenge for some members of the Supreme Court such as Chief Justice John Roberts.  When it’s upheld, it might allow for similar limitations based on the motivation of a lady in searching for an abortion in different cases of disabilities.  The premise has been that the right to a abortion was anticipated to be curtailed gradually by the Court rather than race that an outright overturning of the Roe …

IG Report: Congress Restricted The Capitol Police’s Utilization of Material And Tactics Ahead Capitol Riot

A new report by Capitol Police Inspector General Michael Bolton has sent congressional leaders after finding that Capitol police were told that they could not use crucial riot materials and approaches in preparation for its Jan. 6th protests.  The finding challenges the narrative put ahead in the second impeachment of former President Donald Trump. Additionally, it raises questions of whether congressional leaders (who repeatedly condemned Trump for the death and injuries of officers) share responsibility for its reduction of control of Congress to the rioters.
The analysis,”Overview of the Events Surrounding the Jan. 6, 2021, Takeover of the U.S. Capitol,” raises additional questions over the duty of figures in Congress for the absence of adequate forces and materials to manage the protest. Previously, it was revealed that offers of National Guard support were not accepted prior to the protests.  The D.C. authorities under Mayor Muriel Bowser utilized just a small number of guardsmen in traffic positions.
Additionally, it raises whether, after the contentious clearing of Lafayette Park in the previous summer, leaders in Congress hamstrung their own safety force.
Ultimately, over 140 law police officers were wounded during the riot, and Capitol Police officer Brian Sicknick later died. Two additional officers later died .
Bolton and his staff reportedly seen in its 104-page report which, three days before the riot, officials had been warned in an intelligence assessment that”Congress itself is the goal” in the proposed protests. Congress was further warned that”Stop the Steal’s propensity to draw white supremacists, militia members, and many others who actively promote violence may lead to a significantly dangerous position for law enforcement and the public alike.”
This would seem more than adequate reason to call for National Guard support and assemble the entire force and resources available to the Capitol Police.  As stated by the Inspector General, this is not what occurred. Rather, the plan stated that there had been”no specific known dangers related to the joint session of Congress.” More to the point, the Capitol Police’s Civil Disturbance Unit has been ordered by supervisors to not deploy the division’s highest level resources and strategies in addressing any problems.  This including the use of”heavier, less-lethal weapons,” including stun grenades. The report states categorically that they”were not utilized that day because of orders from direction.” Rather, 35-year-old Ashli Babbitt was fatally shot by a Capitol police officer within the Capitol despite being unarmed and standing in a hallway.
That explains a lot.  On the day of the riot, many of us comfortable with the Capitol expressed disbelief over the shortage of severe perimeter protections along with the comparative simplicity of protesters in breaching the Capitol.
This is exactly the kind of information which must have been shown in the weeks after the riot. Indeed, as mentioned earlier in perennial columns, the House Democratic leadership refused to carry one hearing with key witnesses on what occurred before the riot. After using a”snap impeachment,” months went by without calling these witnesses before the Trump impeachment trial. Such evidence could challenge the narrative and also raised questions over choices made by Congress who left the Capitol vulnerable to such an attack.
The report also increases over the Lafayette Park impact. In the prior summer, White House officials emphasized that the compound could be breached by violent protesters who’d wounded dozens of officers and engaged in arson and strikes around the White House during this weekend. They chose to clean the region to set up fencing (which Congress just ordered after the Jan. 6th riot). They also deployed the National Guard along with the”heavier, less lethal weapons” that the …

Former Officer Kim Potter Charged With Second Degree Manslaughter

The former Minnesota police officer Kim Potter has been arrested and charged with second degree manslaughter in the shooting of Daunte Wright.  The charge allows for as many as ten years but additionally, it has a regular that could prove challenging from the prosecution.
There is evidence that the shooting of Wright was an instance of”weapon confusion” from Potter shooting what she believed was that her taser. The case is extremely like Oscar Grant shooting discussed in my previous column.  That event of weapon confusion resulted in an involuntary manslaughter conviction.
Here’s the Minnesota 609.205 supply:

Someone who causes the death of another by any of the following means is guilty of manslaughter in the second degree and may be sentenced to imprisonment for not more than ten years or to payment for a fine of not more than $20,000, or both:
(1) by the person’s culpable negligence whereby the Individual creates an unreasonable risk, and knowingly takes chances of causing death or great bodily harm to another; or
(2) by shooting another with a firearm or other dangerous weapon as a result of negligently thinking the other for a deer or other animal; or even
(3) by placing a spring gun, pit fall, deadfall, snare, or even just like dangerous weapon or device; or
(4) by intentionally or deliberately permitting any animal, known by the Individual to have vicious propensities or to have contributed great or substantial bodily harm in the past, to conduct uncontrolled off the owner of premises, or negligently failing to keep it properly restricted; or
(5) by committing or trying to commit a breach of section 609.378 (neglect or endangerment of a child), and murder in the first, second, or third level is not committed consequently.

Clearly, this case will turn to the first provision and whether Potter”creat[ed] an unreasonable risk, and knowingly [took] likelihood of causing death or great bodily harm to another.”
In the video, Potter is heard crying”taser, taser, taser” before she moans and says”Holy S**t I just shot him.” We’ve seen many instances of officers perplexing tasers with support weapons in conflicts.
The issue is whether such a split second error constitutes knowingly taking chances of causing death. In the Grant case, the jury rejected more serious charges in favor of their involuntary manslaughter charge.

“[S]econd-degree manslaughter under section 609.205(1) entails an element of awareness of this risk by the suspect. Stated differently, the statute requires proof of an object component and also a subjective component, the objective element being gross uncertainty as well as the subjective component being recklessness in the kind of an authentic conscious disregard of the danger created by the behaviour. This interpretation is based on the wording of this statute and, further, is in accord with the opinion espoused by the drafters of the Model Penal Code that liability for manslaughter should not be premised on”inadvertence to threat” (that is, disregarding of a chance of which one ought to be conscious ) but on a conscious discounting of a substantial and unjustifiable risk of which one actually is aware. Model Penal Code §§ 210.3, Comment 4 and also 210.4 Comment 1 (1980).”

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Called At The Plate: Umpire Joe West Wins $500,000 Judgment Against Former Catcher Paul Lo Duca

We discussed that the defamation lawsuit brought by Major League Baseball Umpire Joe West against prior catcher Paul Lo Duca after Lo Duca indicated that West took loans using a popular car in exchange for a more generous strike zone. West has now won a major verdict in New York and $500,000 in damages. Because of a default judgment on liability, it had been the greatest”back door slider” But, damages wasn’t any”cookie” granted an interesting debate within the injury caused by West in trying entry to the Hall of Fame.
While West is frequently subject to criticism for his forecasts (including a few by your humble host), the court notes that he has a well-founded hope to be input into the hall of fame provided his lengthy record:

“As of the end of the 2020 season, the plaintiff had umpired in 5,345 Major League Baseball games, exceeded only by the mythical umpire Bill Klem, who had umpired in 5,375 games, and was the first umpire to be thrown in the Baseball Hall of Fame in Cooperstown, New York. In the right time of the inquest, the plaintiff has been on track to crack Klem’s document throughout the 2021 period. The plaintiff evinced a strong desire to be inducted in the National Baseball Hall of Fame, an honor previously bestowed upon just 10 umpires.”

Throwing calls for a car loan is clearly detrimental to any effort to add West into the Hall of Fame (though it might get him honored from the Chevrolet Hall of Fame). West especially noted that he didn’t want to combine”Shoeless” Joe Jackson, Pete Rose, and Barry Bonds as baseball pariahs.
The controversy started with a podcast. 
“He literally throws 10 punches and strikes three guys; Joe rings up each of three guys; eight out of the two sticks were at least 3 to 4 inches inside, not even near. Guys were throwing bats and everything, Joe walks off the field. We get back in the clubhouse, and I’m like,’What the f–k just occurred just right now?’ And Wagner just winks at me, I’m like,’What is the secret?’ He is like,’Eh, Joe enjoys antique cars, so each time he comes from city, I lend him his’57 Chevy therefore he will drive it around, so then he opens up the strike zone for me. ”’
He remembered Wagner telling him”Joe enjoys antique cars so each time he comes into town I lend him his own ’57 Chevy therefore he could drive it around so then he opens up the strike zone for me.”
West specifically denies he ever borrowed the car. In addition, his criticism states”In reality, throughout 2006 and 2007, both years that Lo Duca played for the New York Mets using Billy Wagner, Joe West has been the home plate umpire for a match between the Philadelphia Phillies and the Mets just once, Billy Wagner didn’t pitch in any way, and the match ended on a home run, not on called strikes”
Previously, I noticed “If true, that might be a major problem. Even if Wagner was lying, it may still be defamation for repeating the lie”  The court noted that Wagner filed an affidavit”in which he basically denied the dialogue described by Lo Duca had ever occurred.” (The court chosen to not think about the affidavit in the settlement stage following rejecting testimony by affidavit). It seems that Lo Duca didn’t contest liability and a default judgment was entered on July 8, 2020.
The opinion includes evaluation of the impact of the story on West’s potential earnings and contains this interesting account of exactly what …

“Intentionally Racist”: Rep. Tlaib Declares Wright Shooting”Wasn’t An Accident”

Michigan Rep. Rashida Tlaib wasted no time in declaring that the shooting of Daunte Wright had been a racist shooting without any collision. The lengthy urge for defunding authorities has declared that she’s done using”government funded murder.” I have a column this morning in The Hill talking how such remarks can prejudice not just the case against any officer in the Wright case but the ongoing trial of former officer Derek Chauvin. While a lengthy urge to defund the police, Rep. Tlaib seems to go even further to call for an end of all policing in her most recent remarks.
There’s evidence indicating that the shooting might have been accidental. In the videotape, the officer has been heard yelling”taser, taser, taser” until he exclaims”Holy S**t, I only shot him.” There remain serious questions regarding the stop and execution of the arrest. But, Tlaib clearly isn’t willing to wait around for all those facts to be established.
Rashida Tlaib declared on Twitter on Monday night that the death of Daunte Wright”was not an accident” and was”inherently [and] blatantly racist.”
There’s proof that the shooting might have been a more”confused weapon” case where an officer mistakingly catches his support weapon rather than his taser.  Particularly given the riots and looting that is occurring in Minnesota, an individual would hope that government officials could caution against assuming truth and encouraging the public to wait for the outcome of the investigation.
The officer was placed on administrative leave.
Tlaib’s call for”no longer policing” will reestablish the defund the authorities discussion to the chagrin of individuals who see the cause as hurting Democrats.
After the death of George Floyd, Tlaib declared her support for law called the BREATHE Act. The bill would divest federal cash from national law enforcement entities, close national detention centers, and make national incentives to close state prisons.
The latest remarks are magnificent.  Tlaib states that the incident had been”inherently & blatantly racist” but also declares”no longer policing, incarceration, and militarization. What exactly does that mean? No longer schooling or incarceration in a big society could encourage anarchy and chaos.
Tlaib illustrates how the defund the authorities movement remains strong in the United States and, despite denials from some in the press, remain as ironic as it’s extremist.
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“Don’t Do That”: Reporters Inform Police Chief Not To Make Use Of The Expression”Riot”

We have been discussing the longstanding attempt of many from the media to avoid speaking about”rioting” in states including Minnesota and Oregon. Even with rioting and looting in full view in the last couple nights, these networks continued to consult with protests or most”protests turn violent” At a media conference, he had been scolded for predicting the widespread rioting that a”riot” by reporters.
Gannon was briefing reporters when he applied the”R ”
Gannon responded by saying”Just so that everybody’s clear, I had been front and center at the protest, in the riot.” That led to one individual to object”Don’t do this” and yet another exclaiming”There was no riot.” The objections were reportedly made by the media members.
Gannon was not inclined to return to the phrase authorities:

“It had been. The officers which were placing themselves in harm’s way were pelted with frozen cans of pop, they had been pelted with concrete blocks. And we had our helmets on and we had other protection and equipment but an officer had been hurt, hit in the head with a brick… therefore we needed to make decisions. We needed to spread the crowd because we cannot allow our officials to be harmed.”

The scene was reminiscent of last year when Craig Melvin, an MSNBC host and also co-anchor of”Nowadays,” tweeted that a”guide” that the images”on the floor” aren’t to be described as rioting but rather”protests.”  He explained”This will direct our coverage MN. ‘While the problem on the floor in Minneapolis is liquid, and there has been violence, it is most true at this time to explain what’s occurring there because’protests’ — not riots. ”’ 
The nomenclature reflects a tight control of these stories have been framed by the media. The issue is that there’s more attempt in framing than reporting these stories by a few in the media.
There’s absolutely no doubt that the violence in Minnesota began as a protest and many participated in peaceful demonstrations.  Nonetheless, what occurred over the last two nights was clearly rioting since Chief Gannon stated.  The simple fact that people felt justified in telling the Chief to conform his own speech to fit a story is astonishing.
Since it would be”improper” A reporter immediately challenged him “What was inappropriate was killing Daunte Wright… You’re working harder to guard a killer cop than a victim of murder.”  Another reporter announced”racial profiling… happened in this situation.
There are growing calls for advocacy in mathematics. This includes professors rejecting the concept of objectivity in mathematics in favour of open advocacy. Much Columbia Journalism Dean along with New Yorker writer Steve Coll denounced how the First Amendment right to freedom of speech has been”weaponized” to shield disinformation. Censorship and advocacy journalism have been articles of faith for most in showing their commitment to political and racial offenses. The result yet has been the steady decrease in trust for those media.

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‘Intentionally Racist”: Rep. Tlaib Declares Wright Shooting”Was Not An Accident”

The long urge for defunding police has announced that she’s done using”government funded murder” I have a column this morning in the Hill discussing how such comments can prejudice not only true against any officer at the Wright case but the ongoing trial of former officer Derek Chauvinsaid
There is evidence indicating that the shooting may have been accidental. In the videotape, the officer has been observed yelling”taser, taser, taser” until he exclaims”Holy S**t, I just shot him.” There remain serious questions about the stop and execution of this arrest. However, Tlaib obviously is not prepared to wait for all those facts to be created.
Rashida Tlaib announced on Twitter on Monday night the death of Daunte Wright”wasn’t an injury” and was”inherently [and] intentionally racist.”
There is proof that the shooting may have been a more”perplexed weapon” case where an officer mistakingly grabs his service weapon instead of his taser.  Especially given the riots and looting that’s happening in Minnesota, one would hope that government officials might caution against assuming truth and encouraging people to wait for the results of the investigation.
The officer was put on administrative leave.
Tlaib’s call for”no longer policing” will rekindle the defund the police disagreement to the chagrin of those who see the origin as hurting Democrats.
After the death of George Floyd, Tlaib announced her support for legislation called the BREATHE Act. The bill would induce national funds from federal law enforcement entities, close federal detention centers, and make federal incentives to shut state prisons.

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Is Biden’s Supreme Court Commission Packed To Fail?

Below is my column in The Hill on President Joe Biden’s Commission about the Supreme Courton Tuesday. While the makeup of the cosmetics of the Commission is now understood, the legitimate intention of the Commission remains in doubt. While the Commission is likely to produce guidelines to”reforms,” the genesis of the Commission was going to consider the court packing scheme that was widely discussed during the 2020 presidential elections.  Biden just referred to as court packing a”bone headed” and”terrible, horrible idea.” But he wasn’t eager to confront extreme voices within his own party and this Commission is the outcome. The expectation of many in Washington is that this Commission provides the Administration cover in setting aside the requirements to add new members at the short term to create a liberal majority on the Court. If this mainly liberal commission recommends against court packing, Biden and the Democratic leadership could shrug and say”well., we tried.”  The question is whether the Commission will truly feel the pressure to come up with some alternative considerable recommended shift. Over 20 decades ago, I advocated the expansion of the Court to 17 or 19 members. But that recommendation would happen over several years and wouldn’t give advocates the short-term majority that they are trying to find. That’s the gap between reforming and packing the Court. A slow increase would also face significant resistance in the Senate, especially out of a lack of hope that a later majority would add a few justices and then renege on continued additions to continue to control most the Court.  Even former Democratic Majority Leader Harry Reid cautioned against term limits or Attempting to expand the Supreme Court because of dangerous route for Democrats.
Here’s the pillar:

With the establishment of the commission to examine the feasible packing of the Supreme Court, President Biden has adjoined his name to one of the most inglorious efforts of Franklin Roosevelt. Court packing has long been anathema in the USA, and surveys have always shown the vast majority of Americans oppose the idea. Biden himself denounced it as a”boneheaded” thought, but that was back in 1983, if there remained a real distance in politics for at least the pretense of principle.
Today Biden and others seem to think the Supreme Court must be canceled because of its own failure to return to the requirements of the age of anger. Many people were surprised when he pandered to courtroom packing calls at the 2020 primaries. A number people have known for expanding the courtroom on a lengthy transitional time, but commentators and some Democrats called for a direct infusion of new justices to give liberals the controlling majority. Unhappy with conservative rulings, Democrats demanded that the Supreme Court be replaced with a significantly bigger and more reliably liberal system.
Washington already resembles many of the campuses, in which resistance of these liberal measures results in isolation and condemnation. Take Justice Stephen Breyer. One would think he would be immune from the mob among the most frequently liberal justices on the planet. But this week Breyer cautioned against any move to expand the Supreme Court. He also rejected the characterization of their current Court because”conservative” or ideologically rigid. Breyer was swiftly denounced by characters like cable news host Mehdi Hasan who called him”innocent” and called for his retirement. Don’t risk your legacy.” Demand Justice once used White House press secretary Jen Psaki as a communications advisor, and Psaki was on the advisory board of one of its voting projects.
The commission is an ominous indication that Biden may be offering up the previous association immune …

Persona Non Grata: Yale Professor Who Defended Kavanaugh Is Reportedly Sanctioned Without Notice Or Explanation

She reports she immediately became a pariah at the school and in the academy.  Currently, Chua is alleging she was subject to the elimination from small first-year courses in an action that lacked the simplest guarantees of notice and due procedure.
Chua’s allegations has received little attention outside of conservative sites however they raise very serious questions about the basis and handling of claims made . Truly, Chua has alleged that even the center allegation is demonstrably untrue.
Chau alleges that substance out of her personnel record was leaked into your student journalist who knew about her punishment before she did.  At a rebuttal memo, Chau pointed out what view said were glaring mistakes in the Yale Daily News article by Julia Brown. The article began with the announcement:

“Law professor Amy Chua will no more be directing a first-year small group at the Yale Law School following year following students raised allegations which she’s still hosting dinner parties at the home she shares with her husband, suspended law professor Jed Rubenfeld, despite having consented in 2019 to stop all out-of-class hours connections with all students.”

In her memo to the total faculty, Chua recounts how she was amazed by the guide and the addition of non-public info. She items that”Confidential information about my arrangement with Heather has been disclosed to students or the press.To this day, ten times after I was removed from next year Small Group roster, so I still have received no excuse whatsoever from your Dean’s Office concerning why this decision was made.” She denied with a federal judge at her home for a party or with any such celebrations with students throughout the pandemic.
When Chua achieved to Law School Dean Heather Gerken, Chua states that the Dean affirmed what was from the article on her punishment and confronted her on these claims.
If accurate, that would seem a curious strategy of any school, let alone a law school. Chua insists she was not given an opportunity to refute the allegations and non-public facts (and the punishment) were leaked to the press before she was informed of this decision.
Chua states that the post conflated and misconstrued heart facts. It especially insists that Chua lacked an arrangement in a 2019 correspondence to stop drinking and interacting with students outside class. This was tied into a two-year suspension reportedly levied on her husband, Professor Jed Rubenfeld, for alleged verbal harassment, unwanted touching and attempted kissing of students — allegations which Rubenfeld has denied.
Chua asserts that Gerken repeated the false claim in the Zoom assembly she had hosted a federal judge at her residence and other celebrations. She says that the assert is”mad” and never occurred.  That would seem a material fact a law school might want to confirm before imposing such a sanction, let alone prior to someone leaked the information to the media. Chua wrote:

As I wrack my brain to attempt and envision what”dinner parties” with students they might be talking about, I can only consider a few possibilities–every one of that I not only stand by, but am proud of. As most of you know, there were quite a variety of serious disasters for our students in the last few months, such as a student sending racist and frightening barbarous messages to other students (and then disappearing), accusations of racism at the Law Journal, and most recently the outburst of anti-Asian violence that has been in the news. In the middle of these events, a few students in extreme distress reached me out, believing they had no one else to turn to, …

Why is Biden’s The Supreme Court Commission Packed To Some?

While the composition of the makeup of the Commission has become understood, the genuine purpose of the Commission remains in doubt. While the Commission is very likely to make recommendations for”reforms,” the genesis of the Commission was to consider the court packaging scheme which has been widely discussed throughout the 2020 presidential election.  Biden precisely called court packaging a”bone led” and”horrible, terrible idea.” However, he wasn’t ready to confront extreme voices in his own party and this Commission is the outcome. The expectation of many in Washington is that this Commission provides the Administration cover setting aside the demands to add new members at the brief term to make a liberal majority in the Court. If this mainly liberal commission advocates against court packaging, Biden and the Democratic leadership would shrug and say”well., we attempted.”  The question is whether the Commission will feel the pressure to think of some alternative considerable recommended change. Over 20 decades ago, I advocated the growth of the Court into 17 or 19 members. However, that recommendation would occur over several years and wouldn’t supply advocates the short-term bulk they are trying to find. That’s the gap between reforming and packaging the Court. Even a gradual increase would also face significant resistance in the Senate, especially from too little hope a later bulk would add a couple of justices and then renege on continued developments to continue to control most the Court.  Former Democratic Majority Leader Harry Reid warned against term limits or seeking to enlarge the Supreme Court because of dangerous route for Democrats.
Here’s the pillar:
With the institution of the commission to study the possible packaging of the Supreme Court, President Biden has adjoined his title to one of the very inglorious attempts of Franklin Roosevelt. Court packaging has been anathema in the United States, and surveys have consistently shown the vast majority of Americans oppose the idea. Biden himself once denounced it as a”boneheaded” idea, but was back in 1983, when there remained a real space in politics for at least the pretense of principle.
Today Biden and others appear to think the Supreme Court has to be canceled because of its own failure to yield to the demands of our age of rage. Many of us were surprised when he pandered to courtroom packing calls at the 2020 primaries. A number of us have known for expanding the courtroom over a lengthy transitional time, but commentators and some Democrats called for a direct infusion of fresh justices to give liberals the controlling majority.
Washington already looks like many of those campuses, in which resistance of such liberal measures ends in isolation and condemnation. One would think he’d be immune against the mob as one of the most frequently liberal justices in our history. However, this week Breyer warned against any move to enlarge the Supreme Court. He also refused the characterization of their current Court as”conservative” or ideologically rigid. Breyer was swiftly denounced by figures like cable news host Mehdi Hasan who called him”innocent” and called for his own retirement. Don’t risk your heritage.” Demand Justice once used White House press secretary Jen Psaki as a communications adviser, and Psaki was about the advisory board of one of its voting endeavors.
The commission is an ominous sign that Biden may be offering up the last institution resistant from our impulsive politics. Its composition also seems to confirm the worst expectations. Really, it’s a lesson in how to pack a body. The team is technically bipartisan but is far from balanced. Only a few the 36 members are considered center-to-right academics. …

Twitter Censors Criticism of BLM Founder Buying $1.4 Million Home In Predominantly White Neighborhood

We’ve been talking about the enlarging censorship on Twitter and social websites. The most recent example includes the narrative of Black Lives Issue co-founder Patrisse Khan-Cullors, 37, and her purchase of a $1.4 million house in a mountainous region of Los Angeles whose population has been reputedly less than 2% black. The professed Marxist received appreciable criticism for the buy, for example Jason Whitlock, an African-America sports fighter who’s also been a critic of BLM.  After Whitlock known as Khan-Cullors, Twitter promptly silenced the tweet leaving a notice that it was”no longer offered.”
Last week, various cites like dirt.com reported,”A secluded mini-compound tucked right in to L.A.’s pastoral and semi-remote Topanga Canyon was lately sold for a little more than $1.4 million into a corporate entity that public records show is controlled by Patrisse Khan-Cullors, 37-year-old social justice visionary and co-founder of the galvanizing and, for some, controversial Black Lives Issue motion.”
It generated a firestorm of critics who noticed that Cullors has insisted that her BLM co-founder”are trained Marxists. We’re super versed on, kind of, ideological theories.”  Not just living up to her creed there.”
Jason Whitlock submitted a URL to your story but was immediately censored by Twitter.

Twitter screengrab
We cannot read the original tweet.  However, that the controversy is illustrative of the era of Internet censors.  Tweets, and in a number of cases Twitter accounts, vanish without excuse. Twitter is notorious for not responding to media queries over such censorship and much less forthcoming about the decisionmaking process behind such decisions.
In case Whitlock was expressing his contempt for the buy, it’s core political speech. Even the head of New York City’s Black Lives Issue chapter is calling for an independent investigation into the company’s finances in the wake of the controversy.  Even the New York Post and other publications have reported that Cullors is eyeing expensive properties in different locations, such as the Bahamas, based on undisclosed sources.
It’s not apparent if that money came from BLM which has reportedly raised almost $100 million in contributions from corporations and other resources. She’s married to Janaya Khan, a pioneer of BLM in Toronto, and published a best selling memoir of her life after which a follow up.  She signed a lucrative deal with Warner Bros to create and create original programming over all platforms, such as broadcast, radio and streaming. She’s also been featured in various magazines like her recent collaboration with Jane Fonda.
The issue for me isn’t the home or maintained hypocrisy. It’s the censorship of all Twitter of such criticism. Cullors is a public figure who’s subject to public scrutiny and comment. Twitter is rife having an such criticism within the lifestyle choices of characters on the best ranging from Donald Trump Jr. into Rand Paul. That’s an unfortunate aspect of being in a high visibility location. I’d be equally concerned if criticism of Trump Jr.’s large game hunting pops or Giuliani’s extravagant tastes were censored.
Whitlock seemingly is a outspoken critic of BLM which he’s denounced as a scam as well as in contrast to the KKK. Someone does not have to agree with these kinds of statements to support his right to talk freely without corporate censorship.
Truly, the greatest irony might not be the house purchase by the company service. A professed Marxist, Cullors has not just been paid handsomely by companies like Warner but is being actively shielded by corporations like Twitter.  The question is if both have a similar opportunity to talk on platforms like Twitter.

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The Hunter Biden Reclamation Project: Jimmy Kimmel Is The Latest To Embrace Hunter’s Scandal Spin

We discussed how the media was made Hunter Biden a sort of collective reclamation project — ignoring evidence of a new possible federal offense whilst not challenging glaring omissions and contradictions within his interviews. That includes avoiding a gun controversy even as his dad calls for a new law to tackle the very issue raised by Hunter.  This collective grave blindness was evident in the interview ran by Jimmy Kimmel where both joked about Hunter’s convenient absence of memory. Hunter goes clean on incriminating problems although he can recall different details moving right back to when he was eight years old.
Hunter was asked again about his controversial work with Burisma but again the interview prevented addressing obvious and embarrassing contradictions.  Hunter wrote:”Can I make a mistake by choosing a chair on the board of a Ukrainian gas company? No. Can I display a lack of judgment? No. No.” He insisted he would only forego the cash because”that which I did not take into consideration was the way in which they’d use the perception against my dad.”
Hunter then emphasized he was competent to serve on the board of a power company after serving on”a dozen planks” like people for Amtrak and World Food Program U.S., and overall”expertise on corporate governance”
For anyone remotely familiar with Hunter’s history, the only thing more bothersome than that answer was that the failure of Kimmel to have any substantive follow up.
For thirty decades, I’ve written about the corruption about Washington in the use of partners and kids to get influence with our leaders. I chased it with Democrats as well as Republicans. Hunter Biden has been among the most egregious cases of corruption. That is the reason it’s so frustrating to watch the media whitewash this scandal.
Hunter used his daddy’s place to assume those positions — a history which was an open joke in Washington.  I wrote about Hunter’s history as an instance of the corruption of Washington along with also the use of nepotism for decades, such as a piece in 2014 if he had been put about the Burisma board. Like many partners and children of the politicians, Hunter Biden made a fortune as a lobbyist in Washington. This frequent route for kids continues to raise troubling questions of influence peddling and corruption for our leaders as discussed previously in this sooner column.
As discussed previously, Hunter Biden gets the prototypical resume of the progeny of the strong in Washington. He appeared to land jobs much beyond his experience or demonstrated skills. Most law school students operate for six decades just to make junior associate in a company. Yet, directly from law school in 1996, he had been given a rewarding position with MBNA America, a lender which wasn’t just a campaign contributor to his own dad but a company lobbying for lending varies in Congress. His dad, then a strong senator, affirmed changes that benefited the lender.
Within a few years of schooling, Hunter Biden amazingly ascended to the position of executive vice president. He was then given a place in the Commerce Department until he became a business lobbyist. In 2006, President Bush made him a member of the board of directors of Amtrak. Nobody seriously argued at the time his resume even remotely qualified him for this place, any more than his assuming the board chairmanship of the United Nations World Food Program.
At the time, Democratic Senator Tom Carper of Delaware explained that Hunter Biden had been capable for on the board Amtrak since”Hunter Biden has invested a lot of time on Amtrak trains”
Ignoring …

Vaccine Lines and Deplaning Airliners: Similar Approaches

Last Sunday afternoon I happened to be at my home-office appearing over Professor Turley’s site. He had been updating his then newly posted Easter Sunday post and read the next change:
“We moved to the open vaccination location but it had a three block line that barely moved with countless people. We finally bailed rather than spend hours according to Easter Sunday but hope to find the family vaccinated shortly.”
I had to ponder how I’d handle the forthcoming vaccination event, that I could be served in embracing a more relaxed approach, such as how and why I avoid the hurry to depart an airliner having just arrived in the gate.

The only time in my lifetime, if memory serves me correctly, that I was obligated to wait in a line to be vaccinated was in the 1970s in my regular school. Each of us in class lined up, rolled up our habit, then a person used a pistol-like injection apparatus . I’ve a ring-like mark on my shoulder so I wonder if it was out of this experience.  I don’t have any idea what the shot was for, possibly Small Pox, Swine Flu, or Prophylaxis from The Vapours. It must have been important, although it was unexpected. At the time getting some strange shot appeared rather ordinary part of being in college, or if I mention it was”benign”. I suspect not visiting adults lose their marbles over germs just like they do today forestalled some potential worry amoung us kids afterward.
Now today, I see adverts of appellate centres with dozens or even hundreds of people lining up, resolved to become vaccinated as quickly as possible. I have to wonder if the activation period for the vaccine to work in your system is faster than the possibility of being infected by a virus carrier cloistered one of everybody else in the building or on the line. Nonetheless, it seems it must since government knows what, and what is best for us all.
Rather than engaging in such headaches, I’d say another strategy might be to stay at home, maybe celebrate Easter with family because our host indicated, or do anything relaxing rather than waiting online. So how is that similar to deplaning an airliner?
The average and usual situation on arriving in the destination terminal once flying as a commercial airline is that as soon as the airplane arrives in the gate, as well as the sign is given from the captain, roughly a third of those passengers hurry to stand up and jockey for position in the aisle, all of them vying to secure an additional foot toward the exit. Some are contented to contort themselves into what seems to be distress, having been forced to lean over as a result of overhead luggage bins looming above them. And there they remain, contorted and impatient, nevertheless decided to leave without a second to spare, sometimes ten minutes or so. I finally decided I had enough of this.
I tend to prefer the back area of the airline, largely because I’m too stingy to fly Business Class or even worse.  (Not that I Had Class because after all, if somebody is prepared to pay five times up to remove and land in the exact same time like I do, I will take advantage of the potential lower price for my tickets) And when the airplane arrives in your gate, and everybody goes prompt-critical to hurry and remain standing, I simply sit-back and unwind. They can do the status and be upset at how long it is taking. As soon …

President Biden Creates Supreme Court Commission To Consider Court-Packing Plan

On Friday, President Joe Biden issued an executive order forming the Presidential Commission on the Supreme Court from the United States. The order is the pride of his pledge on the campaign trial to consider the expansion of the Supreme Court, a court-packing scheme encouraged by some Democrats to retake control of the courtroom from its current conservative majority. Even though I’ve long argued for the expansion of the Supreme Court, I compared these forecasts because a raw effort to package the Court.  I’ve got a column out this morning discussing the Commission.
The group is called

“to offer an analysis of the main debates in the modern public discussion for and against Supreme Court reform, including an assessment of the merits and legality of specific reform proposals. The subjects it will analyze include the genesis of the reform discussion; the Court’s role in the Constitutional program; the length of support and turnover of justices on the Court; the membership and dimension of the Court; and the Court’s case selection, principles, and practices.”

The 36 members consist of many respected and thoughtful professors.  It’s also heavily Democratic and liberal.  Professor Josh Blackwell notes that, by his own count, there are just around seven medium to conservative members giving a greater 2-1 advantage for liberals in the Commission. Since Blackwell notes, that’s far much better than most faculties which have just one or two (if any) conservative college members. During the past few decades, faculties have purged their ranks of both conservative and libertarian college members.  The end result is a diversity of thought which frequently runs out of the left into the far left on faculties.  This imbalance is frequently used in Washington to create letters with hundreds of law professors universally appointed conservative nominees or encouraging liberal proposals.
Such ideological prejudice is currently an assumption on faculties, panels, and journals. That doesn’t signify that these members won’t give significant attention to such issues.  But while those racks are very most likely to alienate conservatives, these views do not necessarily indicate they cannot perform a fair or thorough job.
For the record, I’ve argued for the expansion of the Court for decades. My proposal was to increase the courtroom to 17 or 19 members (the larger choice allows for the possible return to the tradition of just two justices sitting on lower courts each year by turning ). 
But, there has been a crucial grab. The growth to 17 or 19 justices would occur slowly so no president would be allowed to market more than two extra justices in long run. The commitment would be to get a full court over about two decades.  That is the difference between reforming and packing a courtroom.
This week, many reaffirmed they want a quick expansion to create an unassailable liberal majority. It’s precisely what Ginsburg warned against. When asked about forecasts to enlarge the Court, Ginsburg said it would destroy the continuity and cohesion of the Court. She added NPR:”If anything would make the court appear partisan, it would be that–one side saying,’When we are in power, we are going to enlarge the number of judges, so we would have more individuals who would vote the way we want them to. ”’
That opinion was disregarded by Democratic members that announced that the control of Congress would lead to management of the Court.  It’s that easy.”
Additionally, there are suggestions for the building of completely new courts or restricting the authority of the Supreme Court. This parade of horribles are now the attention of the Commission. The hope of advocates is they …

JAMA Editor Fired After Questioning Structural Racism

We have been talking efforts to fire academics who voice dissenting views on various issues including an effort to oust a major economist from the University of Chicago in addition to a top linguistics professor at Harvard and a literature professor in Penn.. The cancel culture has also expanded into museums, book publishers, and other forums such as intellectual exchanges.
While JAMA is allegedly independent from the American Medical Association (AMA), the AMA composed in a statement it had been”deeply troubled” and”angered” by the podcast and announced that”this podcast and tweet are somewhat inconsistent with the policies and perspectives of AMA.”
The conservative site The Daily Wire has a copy of the since-deleted podcast. Throughout the episode, Livingston reportedly asked Dr. Mitchell Katz the following question:”Given that racism is illegal, how can it be embedded in society that it’s deemed structural”
Katz then explained how atomic racism can attest itself. Livingston then followed up by noting

“I feel as if I am being told I am a racist in the modern era because of this whole thing concerning structural racism, however what you’re discussing, it is not so much racism as far because there are inhabitants, it’s much more of a socioeconomic happening, that have a hard time getting out of the location because of their surroundings. Plus it is not their race; it is not their color; it’s their socioeconomic status. It is where they are.”

Katz seemed to agree with all the socio-economic point.
There’s a lot there to unpack and people of good faith can disagree with all the socioeconomic viewpoint. That is the purpose of such forums to enabling different perspectives and a debate on problems facing society. I disagree with all the comments and I’d be interested in a market on the problem. There has been a time when such controversial discussions were welcomed as a stage for discussion. This isn’t that time.
The podcast triggered the typical demands for conclusion and condemnation.  Instead of simply present arguments against the point, critics desired Livingston fired. What is most disconcerting is the loudest observing the termination were professors that rejoiced in the notion that someone could be fired for expressing an opposing viewpoint.
For his role, University of Southern California Michael Cosimini demanded to understand how such perspectives could ever have been allowed to be submitted.
We discussed how commentators and companies frequently involve a national conversation on race. However, people that have opposing perspectives of underlying causes and controversies are subject to both cancelling campaigns. The end result is closer into a diatribe than a dialog. If we are to have a meaningful talk about race, we must tolerate opposing viewpoints.  Indeed, the statements made on the podcast would provide a excellent chance to confront such views directly and to challenge the socio-economic asserts. Canceling Livingston only reinforces the already overwhelming pressures on faculty members and many others to not voice such dissenting views.
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The Hunter Biden Reclamation Project: Jimmy Kimmel Is The Best Way To Embrace Hunter’s Scandal Spin

We recently discussed the way the media was made Hunter Biden that a type of collective reclamation project — ignoring signs of a new potential federal crime while not challenging glaring omissions and contradictions in their own interviews. That includes avoiding a gun controversy even as his dad requires a new law to tackle the very issue raised by Hunter.  This collective willful blindness was evident from the interview conducted last night by Jimmy Kimmel at which both joked about Hunter’s suitable absence of memory.
Hunter was asked about his controversial work with Burisma but the interview avoided addressing obvious and embarrassing contradictions.  No. No. No.” He insisted that he would just forego the money because”that which I did not take into consideration was the way by which they’d use the perception against my dad.”
Hunter then emphasized that he was competent to serve on the board of a power firm after working on”a dozen boards” like those for Amtrak and World Food Program U.S., and general”experience on corporate governance”
For anyone remotely familiar with Hunter’s history, that the only thing more bothersome than that response was the collapse of Kimmel to have any meaningful follow up.
For thirty decades, I’ve written about the corruption on Washington from the use of partners and kids to obtain influence with our leaders. I criticized it with Democrats and Republicans. Hunter Biden has been among the most egregious examples of corruption. That’s the reason it’s so frustrating to see the media whitewash this scandal.
Hunter used his daddy’s position to assume that those positions — a history which had been an open joke from Washington.  I wrote about Hunter’s history as an illustration of the corruption of Washington and the role of nepotism for decades, including a piece in 2014 when he had been placed around the Burisma board. Like many partners and children of our politicians, Hunter Biden made a fortune for a lobbyist in Washington. That frequent path for kids continues to raise troubling questions of influence peddling and corruption for our leaders as mentioned in this preceding column.
As mentioned earlier, Hunter Biden has the prototypical restart of their progeny of the strong in Washington. He appeared to land jobs much beyond his expertise or demonstrated skills. Most law school graduates work for six decades merely to make junior partner in a firm. Yet, directly from law school in 1996he had been provided a lucrative position with MBNA America, a lender which was not just a campaign contributor to his own dad but a company actively lobbying for lending varies in Congress. His dad, then a strong senator, supported changes that benefited the lender.
Within a couple years of schooling, Hunter Biden amazingly ascended into the position of executive vice president. He was then given a place from the Commerce Department until he became an industry lobbyist. In 2006, President Bush made him a member of their board of directors of Amtrak.
At the time, Democratic Senator Tom Carper of Delaware clarified that Hunter Biden had been qualified to get on the board of Amtrak because”Hunter Biden has invested a lot of time on Amtrak trains”
Ignoring conflicts at the interview was no simple undertaking. Kimmel made reference Hunter’s struggle with medication without mentioning that Hunter admits to being a crack addict all the way up to his father’s 2020 presidential election. Hunter left that off of his description of his job on Burisma. While Hunter was claiming blackouts of memory due to his crack addictionthat he was also claiming that he had been a natural selection for the board …

The Hunter Biden Reclamation Project: Jimmy Kimmel Is The Latest To Embrace Hunter’s Scandal Spin

We discussed how the media has made Hunter Biden a kind of collective reclamation job — ignoring signs of a new potential federal crime while not challenging glaring omissions and contradictions in their own interviews. That includes preventing a gun controversy even as his father requires a new law to tackle the very issue raised by Hunter.  This collective willful blindness was evident in the interview conducted last night by Jimmy Kimmel where both joked about Hunter’s suitable deficiency of memory to incriminating problems even though he can recall other details going back to when he was eight years old.
Hunter was asked about his controversial use Burisma however the interview avoided addressing obvious and embarrassing contradictions.  Hunter wrote:”Did I make a mistake by taking a chair on the board of a Ukrainian gas company? No. No. Can I do this again? No.” He insisted he would simply forego the cash because”what I didn’t take into account was the way in which they’d use the perception against my dad.”
Hunter then highlighted he was qualified to serve in the board of an energy company after working on”a dozen boards” like people for Amtrak and World Food Program U.S., and total”experience on corporate governance”
For anyone remotely acquainted with Hunter’s background, the only thing more maddening than that answer was the failure of Kimmel to have any meaningful follow up.
For thirty years, I have written concerning the corruption about Washington in the usage of partners and kids to obtain influence with all our leaders. I criticized it with Democrats as well as Republicans. Hunter Biden has been one of the most egregious examples of the corruption. That’s the reason it’s so frustrating to watch the media whitewash this scandal.
Hunter used his dad’s place to assume those positions — a background that has been an open joke in Washington.  I wrote about Hunter’s background as an instance of the corruption of Washington along with the function of nepotism for years, including a piece in 2014 if he had been set about the Burisma board. Like many partners and children of our politicians, Hunter Biden made a fortune for a lobbyist in Washington. That frequent path for kids continues to increase troubling questions of influence peddling and corruption for our leaders as discussed in this earlier column.
As discussed previously, Hunter Biden has the prototypical restart of this progeny of the strong in Washington. He appeared to land jobs much beyond his experience or proven skills. Most law school students operate for six years merely to make junior associate in a firm. Nevertheless, directly out of law school in 1996, he had been given a lucrative position with MBNA America, a lender that was not just a campaign contributor to his own father but a business lobbying for lending varies in Congress. His father, then a strong senator, encouraged changes that benefited the lender.
Within a few years of graduating, Hunter Biden amazingly ascended into the position of vice president. He was then given a place in the Commerce Department until he turned into an industry lobbyist. No one seriously argued at the time his restart even remotely qualified him for that place, any more than his assuming the board chairmanship of the United Nations World Food Program.
At the moment, Democratic Senator Tom Carper of Delaware explained that Hunter Biden had been qualified for on the board of Amtrak because”Hunter Biden has spent a lot of time on Amtrak trains”
Ignoring conflicts in the interview wasn’t any easy undertaking. Kimmel made reference to Hunter’s struggle with drugs without mentioning that …

“A Matter Of Public Concern”: Court Dismisses Lawsuit Of Former Rep. Katie Hill Against The Daily Mail

I printed about the defamation claims filed by former Rep. Katie Hill has lost a lawsuit against her husband and many different other folks, including the Daily Mail for reporting on her sexual scandal involving a former aide.  I stated that the legal basis for the litigation against the media was highly dubious and the underlying stories were shielded under the First Amendment as matters of public interest. As anticipated, the case against the Daily Mail was thrown out by Los Angeles Judge Yolanda Orozco on First Amendment grounds.

In 2019, former Hill resigned from Congress following the revelation of sexual connections with a team member.  The scandal involved 22-year-old staffer Morgan Desjardins who’d a three dimensional relationship Hill along with her then-husband Kenny Heslep that started shortly after she started working for Hill at 2017.
Ordinarily, the media and various public interest groups would have been outraged and unrelenting in their”MeToo” policy, particularly with a young staffer recently from college. In the instance of Hill, nevertheless, media outlets like MSNBC picked up on Hill’s claim that she had been exposed to   a”double standard” and also a”misogynistic culture.”

It is argue against the media parties that worries me the most in this action. The 41-page lawsuit, which seeks unspecified damages for emotional distress and breach of state legislation for distribution of romantic private substance without Hill’s permission, against defendants Salem Media Group Inc., Mail Media, Inc., author Jennifer Van Laar (the deputy managing editor of Redstate.com), along with Joseph Messina, the host of”The Real Side” Radio Show, as well as other unnamed people. 

Not merely did the litigation threaten core media protections, however innovative (with the support of sympathetic media in CNN and MSNBC) a false story of Hill as a victim.  It was astonishing to observe media support a politician asserting a double standard in being forced to step — looking for an accommodation that was denied to male colleagues in previous scandals. Various male politicians in Sen. Bob Packwood to Rep. Trent Franks have resigned under such scandals. Sen. Al Franken stepped for functions that didn’t involve an authentic sexual affair. Hill marketed that story and is currently bizarrely treated by most as a victim.
That treatment stopped when she tried to make such arguments in court against the media. Hill was tough that the publishing of photos that included an image of Hill nude holding a bong emblazoned with a skull and crossbones and also a photo revealing a tattoo with an Iron Cross Seeing a Nazi emblem on her bikini line.
In dismissing the claims against the Daily Mail, Orozco dominated that

“the romantic images published by Defendant talked to Plaintiff’s personality and qualifications because of her position, since they allegedly depicted Plaintiff using a campaign staffer whom she had been alleged to have experienced a sexual affair with and seemed to show Plaintiff employing a then-illegal medication and demonstrating a tattoo that was controversial because it resembled a white supremacy emblem that was a problem during her effort.”

The court stated that evident that such images are obviously related to a core matter of public interest from the scandal:

“Plaintiff’s argument that the images aren’t a matter of public concern since Defendant could have simply described the images instead of publishing them is unpersuasive, since the simple fact that advice to be gleaned from a picture could be disseminated in an alternative manner doesn’t equate to a finding that the picture itself is not a matter of public concern.”

Notably, the Daily Mail reported on the ruling by republishing the very exact photos.
This is …

A Experts’ Mulligan? Biden claims Georgia Is Today A Jim Crow State But It’s Still OK To Get Golf

It appears that President Joe Biden didn’t repeatedly”misspeak” as indicated on CNN.  Yesterday, Biden did not fix his false claims concerning the Georgia election law but doubled down which the law is a”Jim Crow law” Indeedhe has repeatedly said it is worse,”Jim Crow on steroids” That is why yesterday’s press conference (using only three questions) transferred from the inaccurate to the incoherent. Biden is currently saying that Georgia is still a Jim Crow state with laws worse compared to the segregationist laws following the Civil War. However, he’s stating that it is ok to play the Experts in the state (and for CBS to take the Experts ) following encouraging a boycott of baseball. In determining whether to do business in exactly what Biden calls a”Jim Crow” state, Biden announced”That is up to the Experts.”
The press has not had any obvious inclination or (in the case of Fox News) an opportunity to ask Biden to get a full response on the Georgia law is much significantly worse compared to the Jim Crow laws.  As previously mentioned, countries like Colorado have voter identification provisions and a number of the exact terms as Georgia.  One would think that, provided Biden’s widely discredited comments on the shift in voting hours, the media would press Biden on an answer.  That is only true when the media wanted this answer.
Jim Crow laws were also a”cradle to grave system of racial segregation.” The Condition of Afro-American History: Past, Present and Future 60 (Darline Clark Hine ed., 1986). Those laws embodied different textbooks, separate schools, separate seats, separate access, and a broad variety of restrictions that handled African Americans to second-class citizens. That surely included barriers on unemployment.
To state that the Georgia law is much worse compared to a Jim Crow law is a frightening conclusion in the sitting president and worthy of excuse. The two previous examples given by President Biden are discredited about voting hours and access to water for those waiting in line. Additionally, other”blue” states have the exact provisions and a huge majority of Americans encourage voter identification law, including the vast majority of Democrats.
Back in Colorado, the terms are mainly the same. The huge difference is that Colorado sends out absentee ballots mechanically where Georgia (like other countries ) has citizens request the ballots.  That surely can make a difference in voting turnout for absentee voters but it would not appear to justify one state being called progressive state along with also a Jim Crow nation.
In his press conference, Biden took another place on the golf tournament compared to the baseball All-Star match.  Instead of encouraging the boycott for golfing, he said that it was up to companies. He said”[I]t will be reassuring to note that for-profit operations and Companies are talking up about how these new Jim Crow laws that are just antithetical to that we are.”  
The actual loss from this protective press cocoon is the opportunity to have a discussion on race and unemployment. As opposed to repeatedly casting around the tag of Jim Crow,” Biden could explain why he considers Georgia is outside any sensible (if different) approach compared to other states like Delaware, New York or even Colorado.  Indeed, no one appears eager to have this debate in the media. The coverage is as trivial as a soundbite.  The Georgia law is currently a Jim Crow law by pure repetition rather than any excuse in the coverage. Considering the dreadful history of Jim Crow, such a claim warrants excuse — not just use as a handy slogan or political attack.
1 obvious …

A Masters’ Mulligan? Biden claims Georgia Is Now A Jim Crow State But It’s Still Be Okay For Golf

It appears that President Joe Biden didn’t repeatedly”misspeak” as indicated on CNN.  Yesterday, Biden did not correct his false claims concerning the Georgia election legislation but dropped down that the law is currently a”Jim Crow law.” Really , he has repeatedly stated it’s worse,”Jim Crow on steroids.” That is why yesterday’s media conference (using just three queries ) transferred from the incorrect to the incoherent. Biden is currently saying that Georgia is still a Jim Crow nation with legislation worse compared to the segregationist laws following the Civil War. But he’s saying that it is ok to play with the Experts from the state (and also for CBS to take the Experts ) after encouraging a boycott of baseball. 
The media has not had any clear inclination or (in the case of Fox News) an chance to request Biden to get a full response on why the Georgia law is much worse compared to the Jim Crow legislation.  As previously discussed, states like Colorado have voter identification provisions and a number of the same terms as Georgia.  States such as New York and Delaware have some more rigorous provisions. An individual would believe that, provided Biden’s widely acclaimed remarks on the shift in voting hours, the media would press Biden on a response.  That however is only true when the media wanted this answer.
Jim Crow laws were also a”cradle to grave system of racial segregation.” Those laws embodied different schools, independent schools, separate seats, independent access, and a wide variety of limits that treated African Americans to second-class citizens. That surely included barriers on voting.
To state that the Georgia law is much worse compared to a Jim Crow legislation is a chilling conclusion in the sitting president and worthy of excuse. The two previous examples provided by President Biden have been discredited regarding voting hours and access to water for all people waiting in line. Additionally, other”blue” states have the same provisions and a great majority of Americans encourage voter identification legislation, including the majority of Democrats.
Back in Colorado, the terms are mainly the same. The large distinction is that Colorado pushes out absentee ballots mechanically where Georgia (such as other states) has citizens request the ballots.  That can make a difference in voting turnout for absentee voters but it would not seem to warrant one nation being called innovative state along with also a Jim Crow state.
Instead of encouraging the boycott for golf, he also stated that it had been up to corporations. He stated”[I]t is reassuring to note that for-profit operations and businesses are speaking up about the way these brand new Jim Crow laws that are just antithetical to that we are.”   But he chastised states like Georgia for not yielding to the requirements on voting and warned them to”smarten up.”
The actual loss from this protective media cocoon is the chance to have a conversation on race and voting. Rather than repeatedly casting around the tag of Jim Crow,” Biden could describe why he believes Georgia is outside any reasonable (if different) strategy compared to other states like Delaware, New York or even Colorado.  Really, nobody appears eager to have this discussion in the media. The coverage is as trivial as a soundbite.  The Georgia legislation is currently a Jim Crow legislation by pure replica instead of any excuse in the coverage. Given the horrible history of Jim Crow, this type of claim warrants excuse — not simply use as a useful slogan or political attack.
1 obvious issue is why there’s a gap between baseball and golf when it comes to …

NYT: Gaetz Sought Preemptive Pardon From Trump

Gaetz is facing sex trafficking charges along with the report could indicate that he was anxious back at the end of 2020 to find the extraordinary protection. Gaetz has not reacted to the accounts.
Gaetz, 38, allegedly got nowhere with an Trump White House in trying his own pardon.  Given Trump’s exceptionally controversial pardons, such as lots of friends and political allies, the rejection could be notable but obviously would be the right response.
Preemptive pardons are inherently contentious and comparatively infrequent. There was much speculation of whether Trump would give a potential pardon to himself. In this case, this type of pardon will be outrageous.  If Gaetz participated in sex trafficking (particularly with an underaged girl) there is no possible good-faith basis for a pardon. Gaetz has denied the allegations. He has not yet been billed so we don’t know the full extent of proof against him. For the Trump White House to be able to completely investigate the merits of the allegations, it would have needed to find confidential advice for the Justice Department — some former Attorney General Bill Barr would obviously have refused.
A pardon could have avoided the probability of certainty while cementing the awareness of their guilt. Gaetz insists that there is proof that will definitely vindicate him. If this is that’s the case, the route of vindication is not throughout the White House however the court .
Fox News has noted that Gaetz indicated during an interview with Fox News in November the then-President Trump must”robustly” pardon”everyone” by Trump himself to administration officials. He explained that it was the only real way to defend against the”blood lust” one of Democrats. Whether this report is correct, he made this remark when he was making or about to make a secret request for a pardon.
That is an evaluation under Bill Barr,” Trump’s Attorney General, that researched both Republican and Democratic figures during his term in office.
Whether this request was made, it was unbelievably inappropriate and unwarranted. It would demonstrate a willingness to seek political favors to avoid potential criminal charges.  I have repeatedly stated that Gaetz should not be judged in the media before we see tangible proof.  However, if true, this request could speaks loudly to the character and personal convictions of Matt Gaetz.…

An Expert’s Mulligan? Biden claims Georgia Is Currently A Jim Crow State But It’s Still Be Okay For Golf

It appears that President Joe Biden didn’t repeatedly”misspeak” as suggested on CNN.  Yesterday, Biden did not correct his false promises regarding the Georgia election law but doubled down the law is currently a”Jim Crow law” Indeed, he has repeatedly stated it’s worse,”Jim Crow on steroids” That is why yesterday’s press conference (using only three questions) transferred from the incorrect into the incoherent. Biden is now saying that Georgia is still a Jim Crow nation with legislation worse than the segregationist laws after the Civil War. However, he’s saying it is ok to perform with the Experts from the state (and also for CBS to carry the Experts ) following encouraging a boycott of baseball. 
The press has not had any obvious tendency or (in the case of Fox News) an opportunity to request Biden for a full response on why the Georgia law is much worse than the Jim Crow legislation.  As previously discussed, countries like Colorado have voter identification provisions and many of the exact provisions as Georgia.  An individual would believe that, provided Biden’s widely discredited comments on the shift in voting hours, the press would push Biden on an answer.  That is only true when the press wanted such an answer.
These laws embodied separate schools, independent schools, separate seating, independent access, and a wide variety of constraints that treated African Americans to second-class citizens. That surely included barriers on unemployment.
To state that the Georgia law is worse than a Jim Crow law is a frightening conclusion in the sitting president and worthy of excuse. Both prior examples given by President Biden are discredited regarding voting hours and availability of water for all people waiting in line. Moreover, other”blue” states have the exact provisions and a huge majority of Americans encourage voter identification law, including the majority of Democrats.
In Colorado, the provisions are mostly the same. The large difference is that Colorado pushes out absentee ballots mechanically where Georgia (like other states) has citizens request the ballots.  That certainly can really make a difference in voting turnout for absentee voters . however, it wouldn’t appear to warrant 1 nation being called innovative state and also a Jim Crow state.
In his press conference, Biden took a different place on the golf tournament than the baseball All-Star match.  Rather than encouraging the boycott for golf, he stated that it was up to corporations. He stated”[I]t is reassuring to find out for-profit operations and Companies are speaking up about how these brand new Jim Crow laws Which Are just antithetical to who we are.”   However, he chastised countries like Georgia for not yielding to the requirements on voting and warned them to”smarten up”
The actual loss from this protective press cocoon is the opportunity to have a discussion on race and unemployment. Instead of repeatedly casting around the label of Jim Crow, Biden could explain why he considers Georgia is beyond any sensible (if different) approach compared to other states like Delaware, New York or Colorado.  Really, nobody appears eager to have that discussion in the press. The policy is as trivial as a soundbite.  The Georgia law is now a Jim Crow law by pure repetition rather than any excuse in the policy. Given the horrible background of Jim Crow, such a claim warrants excuse — not only use as a handy slogan or political attack.
1 obvious question is why there’s a difference between golf and baseball in regards to anti-racism boycotts.  If Georgia is back to being a Jim Crow condition and also a baseball boycott is warranted, why does Biden awarded the Experts …

Key Figure in Gaetz Scandal Admits Organizing For $25 Million

Michael Smerconish played a significant hit in his Sirius radio program after he hosted on Bob Kent, an ex-Air Force officer, who has been named as one of the individuals allegedly involved seeking $25 million in the Gaetz family — a demand which the family alleges was an extortion effort.  On the program, Kent confirmed that he did request $25 million while demonstrating that there was no extortion or hazard.

We discussed how odd it’s to have a written demand for $25 million which references possible criminal charges from Gaetz and also the prospect of a pardon from President Joe Biden.  Usually extortionists don’t put out the price in writing to be an investment prospectus.
The funds were being purportedly sought to ensure the release of Robert Levinson, a former FBI agent who disappeared in Iran in 2007. Levinson was believed to have been working for the CIA as well as in the time of the need, he was believed to have died in juvenile custody.
Kent confirmed the request made to Gaetz’ father, Don Gaetz, and also the participation of former DOJ attorney David McGee, who served as the Levinson family lawyer. He also admitted that he told Don Gaetz how the money would”generate good will” for his son. However, he insisted “I clarified that in no way am I attempting to extort him that if he decides to not assist us, he will never hear from me again.”
It’s also notable that Kent was working together with Florida businessman Stephen Alford, who allegedly has been convicted of fraud.
That brings us into the document obtained from the Washington Examiner. It was allegedly sent by Kent. This includes an express promise that, together with all the $25 million, his son will be guaranteed a spot on the plane bringing back Levinson and also a presidential pardon”relieving all of this legal difficulties.”
Gaetz currently has confirmed that the need has been made and he’s got the communication on an apparent quid pro quo pitch. But, that doesn’t”alleviate” his legal threat. If charged with sexual trafficking, a judge may exclude the alleged extortion need and proof on the premise that it would not be a defense to the bill itself. Even though Gaetz was being blackmailed, the occurrence of such a conspiracy would not alter the simple fact that he supposedly committed sex trafficking crimes. Therefore, the jury might never know of the countervailing narrative.
There is the question of if Gaetz did have connections with a 17-year-old.  He vehemently denies that the claim.  The FBI presumably has this proof. If he didn’t have a connection with an under-aged girl, the remaining charges would entail prostitution asserts in arranging for the traveling and compensation of mature girls for gender. Such charges are less series than sexual trafficking under-aged women, but there’s still much that we don’t know more about the focus of this investigation.
There’s much that’s been reported that is deeply troubling, such as Gaetz’ alleged history of bragging about these sexual experiences or participating in juvenile matches linked to sexual connections. That may provide compelling evidence that he is a terrible person, but that would not make him necessarily stand out at Congress.  The issue is if he is not morally culpable.  That demands a modicum of proof and patience.

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Facts First? CNN Host Don Lemon Insists Biden”Misspoke” About Georgia Election Law… Repeatedly

The White House is only one outfit fighting to spell out the false statements repeatedly made by President Joe Biden about Georgia’s election legislation.  Biden’s untrue claims are widely refuted, such as the Washington Post.  However, CNN’s host Don Lemon resisted those raising the false statements insisted Biden merely misspoke. What was not clarified CNN was how the Georgia legislation is”Jim Crow on steroids” if both of these objections are fictitious and states like New York and Delaware (and Colorado in which the MLB is sending exactly the All-Star match ) have stricter terms. CNN ran the motto”Facts First” through the Trump Administration, but it seems that facts are somewhat more fluid in 2021.
Lemon lashed out at critics of Biden because”exceptionally dishonest and publicly partisan” for his statements about the election legislation. Lemon mocked these raising the problem:

“do so, Republicans have a new talking point, trying to flip Trump’s enormous lie on Joe Biden, saying Joe Biden is lying around what’s in Georgia’s new voting legislation that restricts ballot access.

The issue is that the Biden and the White House have continued to maintain the statements as accurate.
Through a meeting on ESPN, Biden continued his claim that the law has been”Jim Crow on steroids” and added:”Picture passing a law saying you cannot provide food or water for someone standing in line to vote, can not do this? C’mon! Or you are going to shut a polling location in 5 o’clock when working folks simply get off?”
As we discussed, it’s hard to”imagine” because it is not accurate and the White House understands it is not true.   I won’t replicate the obviously false claim regarding shutting polling places early.  As the Washington Post noted,”the net impact [of the Georgia law] will be… to enlarge the chances to vote for many Georgians, not restrict them.”
Even CNN finally called out the claims as false. CNN’s fact-checker Daniel Dale mentioned that Biden’s statement”is misleading for two reasons. First, the new law does not alter Georgia’s Election Day voting hours, which end at 7 p.m. Second, while the legislation does establish a default time of 5 for early voting on weekdays and on Saturdays, counties were already allowed to end early unemployment at 5 p.m. under the prior law. The new law gives counties the option to provide early voting as late as p.m. if they would like to.”
Biden and the White House also have pushed the claim that Georgia won’t let voters get water in polling places, which can be demonstrably false. The legislation does not prevent people from providing water to those standing in line. The legislation allows”self-service water in the unattended receptacle” for voters waiting in line. It also permits everyone to give food or water to any Republicans out limited region around the polling place. The shift in the speech followed complaints in the past elections that attempts were circumventing the principles by distributing water and food inside the restricted location. It makes no sense to bar people from politicking at the region if they could exhibit the identical political identifications in approaching people in line for the role of giving away free drink or food. If the concern is really for the waiting voters, then it should not matter that the water is distributed without a political affiliation. States like New York ban any water or item worth over a buck. Period.
It’s challenging to maintain that Biden misspoke differently when his Press Secretary is still attempting to claim he spoke truthfully.  The very first evidence that Biden misspoke could be Biden correcting his statements …

Did Hunter Biden Incriminate Himself At A Federal Legislation?

Below is my column in The Hill on recent interviews with Hunter Biden, that seem to incriminate him in a potential federal felony. What is striking from a journalistic perspective is that Biden’s book is a target rich environment for reporters with references to his alleged influence peddling, abandoned notebook, and drug abuses. Yet every significant network and newspaper that interviewed Biden logically avoided any damaging questions.  It had been no small accomplishment to avoid obvious problems within his account while seemingly interviewing him on these subjects. Reporters would raise the notebook of Burisma contract and then just shrug and move on without any serious followup. The glaring contradictions were left like admitting he had been a crack addict during the time that he had been receiving enormous contracts from foreign companies due to his unestablished”experience” on electricity difficulties. The conflicts with his own father’s accounts were completely ignored. The protective media cocoon around Hunter and his dad remained intact.
In the end, it is not the potential crime by Biden however, the demonstrable collusion from the media that is more of the story from these interviews.
Here is the column:

News anchor Lester Holt recently announced that”it has become clearer that equity is overrated,” including that”the notion that we must always give two sides equivalent weight and merit does not reflect the world we see ourselves ” Luckily for Hunter Biden, that planet is the one in which he lives and thrives. In interviews about his memoir”Beautiful Things,” some reporters either misstate the facts of his prior scandals or ignore certain leads, such as possible evidence of a national crime.
Truth, such as equity, seem overrated to a lot of the media today.
Hunter Biden spent the last few months evading questions, especially throughout the 2020 electionwhen an abandoned notebook apparently belonging to him was discovered to have countless embarrassing photos and mails revealing drug abuse and raw influence-peddling. He allegedly is under evaluation for potential federal tax violations linked to his foreign relations.
Yet, one of the”beautiful things” in Hunter’s existence is a press that inflicted a pre-election blackout on the notebook story and continues to wrap him and his dad in a protective media cocoon. This has been evident in a meeting with National Public Radio this past week. The article from NPR senior editor and correspondent Ron Elving stated categorically:”The notebook narrative was contradicted by U.S. intellect and separate investigations by news organizations” That is completely and demonstrably untrue. Widely criticized for the untrue announcement, NPR issued a tepid”correction” for the article that now states:”Many news organizations cast doubt on the trustworthiness of the notebook narrative.”
There was, of course, a simple method to confirm the facts, instead of mentioning other information organizations that also neglected to pursue the narrative.
CBS News did request that question and received a bizarre response from Hunter it could be his, or it might not be”There might be a notebook out there that has been stolen out of me. It might be that I had been murdered. It might be it was the — that it had been Russian intelligence”
Or, maybe, it may be alien technology in the Andromeda Galaxy.
Hunter is denying any knowledge of the laptop’s authenticity, approximately seven months after its existence had been revealed by the New York Post and even longer since it allegedly was captured from the FBI. Throughout that moment, the narrative was investigated by the Biden effort and by Hunter’s particular attorneys. U.S. intelligence concluded it was not Russian disinformation, although Joe Biden claimed it had been. His effort caused 50 …

Prosecutors Ask Jurors To Discount George Floyd Autopsy Findings

I printed that the key to conviction in the Derek Chauvin trial (and avoiding a cascading collapse in all four cases) is that the autopsy findings and the use of drugs (like fentanyl) in the body of George Floyd. Prosecutors are now asking the prosecution to efficiently dismiss the findings of the only official autopsy at the case and triumphed, against these findings, that Floyd died from asphyxia, or, absence of oxygen. Some brand new disclosures may create that claim harder for the prosecution.
Last week, special prosecutor Jerry Blackwell admitted to jurors that Hennepin County Chief Medical Examiner Dr. Andrew Baker led to cardiac arrest because Floyd’s cause of death. But he insisted that the country would establish that”was… not a fatal heart occasion,” however asphyxiation.
It’s a daring move as it could encourage reasonable doubt on the reason behind death.  The issue is if an instance of manslaughter might have been complex without the need of opposing the state’s own coroner on these findings. The collapse of Chauvin to react to a medical crisis speaks to manslaughter than murder but it could be framed frequently with these findings. Rather, the prosecution has requested the prosecution to efficiently reject the coroner’s findings — a risky maneuver.
We have discussed crucial defense elements in the case:
►When called to the scene because of Floyd allegedly passing counterfeit cash, Floyd denied using drugs but later said he had been”hooping,” or carrying drugs.
►The autopsy didn’t end that even Floyd died from asphyxiation (though a household pathologist created that finding). Rather, it detected”cardiopulmonary arrest while being controlled by law police officer(s).” The nation’s criminal complaint from Chauvin explained the autopsy”revealed no physical findings that support an investigation of traumatic asphyxia or strangulation. Mr. Floyd had underlying health conditions including coronary artery disease and hypertensive heart disease”
If he were found dead at home & no other obvious causes, this could be acceptable to call an OD (overdose). Deaths have been licensed w/levels of 3″ Baker also told investigators that the autopsy revealed no physical evidence indicating Floyd died of asphyxiation.
►The toxicology report on Floyd’s blood also noted that”in deaths from fentanyl, blood levels are variable and have been reported as much as 3 ng/ml.”  Floyd had nearly four times the level of fentanyl considered possibly deadly.
►Floyd notably repeatedly said that he couldn’t breathe while sitting in the police cruiser and until he had been restrained on the floor. That is in accord with the level of fentanyl in his system that could cause”stopped or slowed breathing”
►Floyd’s lungs have been just two to three times the size and filled with fluid. But it needs to be mentioned that the Mayo Clinic report also addresses”Non-heart-related (non cardiogenic) pulmonary edema” and”Negative pressure pulmonary edema,”  which could be used to support the prosecution’s theory.
►Finally, the restraint using an officer’s knee in an uncooperative defendant was part of the practice of officers, and jurors will watch training videotapes employing the same kind of restraint just because official policy.
What’s interesting is that the prosecution is putting on specialists like they’re creating a defense situation. It’s generally the defense that brings in a lot of physicians to challenge official autopsy findings.
Conversely, Chauvin’s lawyer, Eric Nelson, seems similar to the typical prosecutor noting that there’s but one official autopsy and a single official report on the reason behind death. There was no evidence that Mr. Floyd’s airflow was restricted and he didn’t determine [it] to be a mechanical asphyxia death”
Nelson can rely on other features of the official record. After Baker went over …

Psaki’s Alternative Facts: How The Georgia Election Law Became Part of Our Choice Political Reality

For decades, the press shredded Trump adviser Kellyanne Conway to get a statement on Meet The Press meeting on January 22, 2017, in which she defended White House Press Secretary Sean Spicer on attendance numbers in the inauguration. Conway insisted that, although Chuck Todd was mentioning one set of numbers, Spicer was giving”alternative details”. The announcement generated a firestorm of ridicule that the Trump White House has been constructing another reality. That’s not the response however into this ongoing misrepresentations of the Georgia election law by President Joe Biden — fictitious statements criticized by the Washington Post.  Additionally there was little response this week once Press Secretary Jen Psaki defended the other facts presented the White House and some media outletsafter another significant newspaper called out the exact false statements about the law.
During a meeting on ESPN,” Biden repeated his claim that the legislation is”Jim Crow on steroids” and added:”Imagine passing a law saying you can’t provide water or food for somebody standing in line to vote, can’t do so? C’mon! Or you’re likely to close a polling place in 5 o’clock when working folks just get off”
As we previously discussed, it’s hard to”envision” because it isn’t true and the White House knows that it isn’t true.   I won’t replicate the definitely false claim about closing polling places early.  Since the Washington Post noted,”the net impact [of this Georgia law] would be… to enlarge the chances to vote for most Georgians, not limit them.”  The usage of this provision to indicate a reduction in voting hours has been a knowing misrepresentation by those trying to warrant the federalization of election legislation in Congress.  Despite being called out on the untrue announcement, President Biden proceeds to replicate it.
The water claim is equally untrue and untrue.  The legislation doesn’t prevent people from giving water to those standing based on The legislation allows”self-service water from an unattended receptacle” for voters waiting in line. In addition, it permits everyone to give water or food to some Republicans out of limited region around the polling place. The change in the language followed complaints from the past elections that attempts were circumventing the rules by distributing water and food within the restricted location. This makes no sense to bar people from politicking from the region if they can display the same political identifications in coming people in line for the purpose of giving out free food or drink. If the issue is really for the waiting voters, it shouldn’t matter that the water is dispersed with no political affiliation.

CORRECTION: A previous version of this story explained the new law could limit voting hours. On Election Day at Georgia, polling places are available from 7 a.m. to seven pm, and if you are in line from 7 pm, you are allowed to cast your ballot. Nothing in the new law affects those rules.
On the other hand, the legislation made some modifications to early voting. The bill adds a second compulsory Saturday of early voting to elections but eliminates fourteen days of early retirement before runoffs.

Psaki was faced with Fox News using Biden’s ongoing false statements about the legislation and she continued to double .  At a remarkably disingenuous instant, Psaki reacted”It standardizes the end of voting every day , right? It only provides choices. It provides options to enlarge it, right, however it Measure it . In addition, it makes it that outside groups can’t provide water or food to folks in line, right?”
The points are ridiculous and Psaki knew it. The legislation made compulsory the full day of voting …

Joyful Easter!!!!

I wanted to send my very best wishes everyone observing the holiday now. This past yearI wrote in”with the best Easter at the worst of times” due to this pandemic.  Notably, now the family is getting vaccinated using the first open vaccine site at Fairfax.  Like the holiday itself, it is a indication of renewal and hope. This past yearI had not seen my eldest son Ben (working at a hospital) for weeks at the peak of this pandemic and I spent the holiday with my mom in hospice at Chicago. I spent weeks with my Mother in my mind. She then rallied and I’m home with my loved ones in McLean with this particular holiday.
Yesterday evening we celebrated Passover on Friday using Leslie’s incredible Matzo ball soup along with brisket. As usualI passed on the gefilte fish and chopped liver.
Tonight we feast to a mustard and herb coated dolls (that I am cooking) along with an assortment of tasty products.  We’ve got some incredible desserts from a gorgeous egg cake to a variety of pastries and biscuits.  That’s on top of the overflowing baskets left by the Easter Bunny.  (Although my children are old, they indulge me… or at least allow me to indulge them).
Happy Easter and Passover to everyone observing this weekend!
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Gaetz Could Be Washington’s Latest High-Profile Defamation Defendant

We’ve been talking a slew of defamation activities this past year. Indeed, to get a torts scientist, that could prove the golden age of defamation.  Those instances join several cases against figures like Donald Trump, who lost a major ruling.  It now appears likely that Florida Rep. Matt Gaetz will be sued in the ongoing scandal involving allegations of sex trafficking.  Like many, I was surprised to see Tucker Carlson’s interview with Gaetz about the first night of this scandal and hear Gaetz identify by name (and law firm) the attorney who he claims had been extorting him. This attorney is former Justice Department attorney David McGee, that presumably will be filing a libel action against the congressman.  This could establish a”double tap” to get Gaetz, 38, who could face a criminal complaint and also a civil lawsuit as a consequence of the scandal.
Gaetz denies that he ever had a relationship with a 17-year-old girl. Rather, he offered an elaborate account of an effort to extort him for $25 million in a bizarre strategy to secure the release of hostage Robert Levinson, a former DEA and FBI agent who disappeared in Iran in 2007. Levinson is believed to have already been on a mission for the CIA at that moment.
Gaetz released a statement that”Within the last several weeks my family and I were victims of an organized criminal extortion involving a former DOJ official looking $25 million while threatening to smear my name”
David McGee functioned to the Department of Justice and has practiced law for 37 decades. He now practices in Florida at the company Beggs & Lane.
Both Gaetz and McGee refer to a call that McGee had with the Gaetz’s father, who allegedly recorded the call at the request of the FBI.  Both Gaetz and McGee insist that the call will clean them. Unidentified sources deny that the call comprises the extortion requirement by McGee.
In case Gaetz’s accounts is untrue, this is a particularly strong defamation case.  The extortion allegation would fall to a per se category of defamation. In Florida, the judges clarify such activities in the next way:

“A written publication constitutes libel per se under Florida law should, when considered independently and without innuendo, it (1) charges that a individual has committed an infamous crime; (2) will subject one to hate, distrust, ridicule, contempt, or disgrace; or (3) will injure one in his trade or profession”

Alan v. Wells Fargo Bank, N.A., 604 F. App’x 863, 865 (11th Cir. 2015).
This could fulfill both per se categories for alleging criminal behaviour and impugning an expert standing. Broadcast information is handled as libel as opposed to slander in the majority of states, though there are also written statements by Gaetz to support a libel fee (with presumed damages). “The significance of the classification of a communicating as incremental per se lies in the fact that its victim need not plead or prove malice (except where a privilege is involved) or special damage because malice and the occureence [sic] of damage are both considered from the nature of the defamation.” Wolfson v. Kirk, 273 So. 2d 774, 777 (Fla.. Dist. Ct.. App. 1973).
One question will be the legal standing of McGee and if he constitutes a public figure.
This issue will turn on Gertz v. Robert Welch, Inc., 418 U.S. 323, 352 (1974) and its progeny of instances.  The Supreme Court has held that public figure standing applies when someone”push [s] himself to the vortex of both [the] public problem [and] participate [s] the public’s attention in an effort to affect its …

Army Lawyer Marc Elias Under Fire For Suggesting Georgia Voters Will Be Unable To Correctly Identify Their Driver’s License Number

Georgia Department of Driver ServicesWe have previously discussed the contentious history of Marc Elias, such as allegations that he lied concerning the funding of Steele Dossier from the Clinton campaign. Elias has also been criticized for demanding elections when he along with other Democratic attorneys denounced Republican challenges as a danger to Christianity. Now, Elias (who is heading into a new group called”Democracy Docket”) is again under intense criticism after a tweet that some have called inherently racist.
Biden has been called out for demonstrably false statements regarding the law.  Elias has been arguing that the legislation is a barrier for most black and minority voters. He is being denounced for a tweet at which he indicated that Georgia voters couldn’t be expected to have the ability to examine their driver’s licenses — an announcement that seemed to refer to minority voters who would be impacted by such a necessity.
Elias tries to explain by the law is such a barrier to voting by imagining that”The new Georgia legislation will require voters to submit ID to vote through mail. Should they use their driver’s licensethey have to provide the #. One of the two amounts below is correct. Should they place the other, it will be refused”

Elias is suggesting that the amounts will probably be hopelessly confusing and so effectively bar black voters from participating in elections.
Polls show that 72 percent of American adults approve of requiring photo identification to votebut they have not faced with the daunting challenge of locating the driver’s license number.
If voters cannot deduce that the”DL” number identifies”Driver’s Permit” amount, the form itself could make this obvious by simply have boxes for nine amounts as well as directions on where to get the number. There should be a concern for how errors are dealt with in such systems, including using provisional votes or alternative means to address errors in writing down such amounts. Mistakes can happen that the machine should allow for notice and corrections to be created.
Previously, the main argument against verified voting principles was that most minority voters don’t have identification cards.  This argument suggests that many people that have such cards will probably have trouble figuring their DL number.
No matter the arguments against verified voting, insulting the intelligence of minority voters isn’t likely the best option.

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Democratic Lawyer Marc Elias Under Fire For Suggesting Georgia Voters Will Be Unable To Correctly Identify Their Driver’s License Number

Georgia Department of Driver ServicesWe have previously discussed the controversial history of Marc Elias, such as allegations he lied about the funding of Steele Dossier from the Clinton campaign. Elias has also been criticized for hard elections when he and other Democratic attorneys denounced Republican challenges because of threat to Christianity. Now, Elias (who’s heading a new group called”Democracy Docket”) is again under intense criticism after a tweet which many have called inherently racist.
Biden was called out to demonstrably false statements about the law.  Elias was asserting that the legislation is a barrier for minority and black voters. He is being denounced to get a tweet at which he implied that Georgia voters could not be expected to be able to read their driver’s licenses — a statement which seemed to refer to minority voters who would be disproportionately impacted by such a necessity.
Elias attempts to explain by the law is this a barrier to unemployment by noting that”The new Georgia legislation will need voters to publish ID to vote by mail. If they make use of their driver’s permit they need to offer the #. Among the two numbers below is accurate. If they place another, it will be rejected.” He then comprises an image of a Georgia driver’s license with two individual numbers highlights and asks”Are you certain you would select the right one?”

Elias is suggesting that the numbers will probably be hopelessly confusing and thus effectively pub black voters by participating in elections.
Polls show that 72% of American adults approve of requiring picture identification to votebut they have not faced with the daunting challenge of discovering the driver’s permit number.
If voters can’t deduce the”DL” number refers to”Driver’s Permit” number, the type itself could make this evident by simply have boxes to get nine numbers in addition to instructions on where to obtain the number. There ought to be a concern for how mistakes are covered in such procedures, including using provisional votes or other means to deal with mistakes in writing down such numbers. Mistakes can occur that the system must allow for corrections and notice to be created.
Previously, the principal argument against verified voting principles was that many minority voters do not have identification cards.  This argument suggests that most people that do have such cards will have difficulty figuring their DL number.
No matter the arguments against verified voting, insulting the intelligence of minority voters isn’t likely the best option.

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Hunter Biden Says Laptop May Have Been His… Or The Russians Did It

At a weird interview, President Joe Biden’s son Hunter Biden finally acknowledged that the infamous laptop may really be his… or the creation of Russian intellect.  After offering detailed reports going back years on his drug addiction and abuse, Biden seems incapable of remembering whether he had this notebook with tens of thousands of documents, such as personal and embarrassing pictures of his having sex and doing drugs.
In his interview with CBS’s Tracy Smith,” Biden is finally asked concerning the horn — that will be an advancement over other media for example a recent interview by NPR.
In the interview, Biden was asked about the notebook. He answered cryptically:”There may be a notebook out there which was stolen from me personally. It may be that I was hacked. It may be that it was the — which it was Russian intelligence.”
There was not a critical pushback on such incomprehensible answer like”you can remember details out of your time of addiction going back 20 decades but you cannot keep in mind this notebook?”  Or how about this:”even if you cannot remember your laptop, you have seen the pictures and emails. Are those authentic pictures and emails?”
Hunter Biden remains in a protected media space on questions about the specific emails and photographs, including emails revealing raw sway alerting worth millions.
Instead, crickets.
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NPR Corrects False Hunter Biden Claim But…

The article from NPR senior editor and correspondent Ron Elving says Hernandez that the notebook narrative was contradicted by information organizations. It was later forced to correct that false announcement but still has speech casting doubt on the story and evades glaring contradictions at Biden’s publication and also his interview.  In addition, NPR continues to run false promises from prior controversies.
The NPR story originally stated that”The notebook narrative was contradicted by U.S. intellect and separate investigations by news organizations” That’s completely and demonstrably false. Anyone who has done a modicum of study would understand that Hunter nor even President Joe Biden have denied that this had been Hunter Biden’s notebook or that the documents and images were real. They’ve refused to specifically react to the materials, a position permitted by the media that has preserved a protective cocoon around the Bidens. This included the blocking of the story by Big Tech firms and also a virtual blackout on the story before the election.
NPR issued a co correction reading”A previous version of the story said U.S. intelligence had discredited the notebook story. U.S. intelligence officials have not made a statement to that result.” It might have been a tad more fair to say that there has not been any denial that the notebook belongs to Hunter Biden and that the contents were real.
Significantly, the article states:”The last part of Giuliani’s effort against the Bidens featured a notebook supposedly got from sources which could record the younger Biden’s drug use and other crimes. Many news organizations cast doubt on the credibility of the notebook story.”
What”uncertainty”? There’s no denial from Hunter Biden that this was his notebook or that the content were authentic.  Media businesses that effectively imposed a blackout on the story are now citing each other to prevent coping with the presumption that the notebook did really belong to Hunter Biden.
There is obviously a simple method to verify that. Elving and NPR was interviewing Hunter Biden.  It’s odd to cast doubt over the authenticity of the notebook whilst not requesting the owner if the notebook is authentic.  CBS did ask that question and also obtained a bizarre response from Biden that it could be his or it may not.
Then there is this notable line:”at the final pages, it’s the spring of 2019 and Hunter meets a South African filmmaker and activist named Melissa, who swiftly brings his life in check in ways Hunter himself had. He stops drinking and smoking crack.”
Biden has become immersed into a controversy a missing gun in 2018 that increases such drug use and a potential federal felony. The Secret Service reportedly intervened at the episode after Biden’s rifle was thrown into a garbage bin outside a restaurant from Hallie Biden.  Hallie was the widow of Hunter Biden’s deceased brother and was in a romantic relationship with her former brother-in-law at the time. She reportedly feared what Hunter could do with the gun.
That concentrated attention (on conservative websites ) on how Biden got the gun license in the first place because his long drug dependence.  He replied”no” to question 11. E on the Firearms Transaction Record inquiring whether he had been a”unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or another controlled substance.”
Biden had a long and documented history of drug dependence. His divorce 2017 was due to these drug use and misuse, based on his own ex-wife. Truly, Biden had been discharged from the Navy earlier for drug use. From the publication covered by NPR, Biden discusses how that the drug use …

“C’mon Person!” : Biden Again Misrepresents Georgia Election Law While Supporting State Boycott

We discussed the false statement made by President Joe Biden concerning the Georgia election law, which Biden has known as”Jim Crow on steroids.” Biden falsely asserts that the law closes polling places earlier, a claim that even the Washington Post appeared as untrue.  Biden hasn’t just repeated his earlier false claim but added a fresh one in encouraging a boycott of the country of Georgia by Major League Baseball.  It is a common false claim made of denying water below the law to people standing in line to vote. What’s astonishing is that the press itself has fueled this bogus narrative and it is being used as a crucial claim in the state.

“I believe today’s professional athletes are acting incredibly responsibly. I would strongly support them doing that. Folks seem to them, they are leaders. Look at what’s happened with the NBA as well. Look at what’s happened across the board. The men and women who’ve been victimized the most are the people who are the leaders in these various sports and it is just not perfect. Imagine passing a law saying you cannot offer water or food for someone standing in line to vote, can’t do that? C’mon! Or you are likely to shut a polling place in 5 o’clock when functioning people only get off? This is all about keeping working people and ordinary people that I grew up from being able to vote.”

Really, it is hard to”imagine” because it is not true and the White House understands that it is not correct.  If a president will accuse a state of passing a Jim Crow law (let alone behind a boycott), then there’s an expectation of a modicum of accuracy and equity.  It also degrades not only the movement for voting rights however also the Office of the Presidency itself.
I won’t repeat the clearly false claim regarding closing polling places early.  Since the Washington Post mentioned (and replicated following this latest interview),”the net effect [of this Georgia legislation ] will be… to expand the chances to vote for many Georgians, not limit them.”  The usage of this supply to indicate a reduction in voting hours was a knowing misrepresentation by people seeking to warrant the federalization of elections legislation in Congress.  Regardless of being called out on the untrue statement, President Biden continues to repeat it.
The water claim is just as false and untrue.  The law does not prevent individuals from providing water to those standing based on The law allows”self-service water in the unattended receptacle” for Republicans waiting online. It also allows anybody to give water or food to any voters outside of limited region around the polling place.
It is not uncommon to bar any political campaigning or actions within a certain number of feet (often 150 feet — or even a shorter distance from any point extending beyond the region ).
Here’s the supply:

“(a) No person shall solicit votes in any way or by any other means or procedure, nor shall any person distribute or display any campaign material, nor will any person offer, offer to give, or Take Part in the giving of any money or gifts, including, but not Limited to, food and beverage, to an elector, nor shall any person solicit signatures for any request, nor will any person, other than election officials releasing their responsibilities, establish or set up any tables or booths on daily where ballots are being cast
(1) Within 150 feet of the outer edge of any building within which a polling place is
(2) In any polling area; or
(3) Within 25 …

Turley to Speak in Utah about the History of Impeachment

Today, I’ll be talking to lawyers and law students at Utah about the background of impeachment.  The event is coordinated by the Utah State Bar lawsuit department in conjunction with the University of Utah and Brigham Young University law schools. As most people know, I’ve got a profound love for the parks and parks of Utah as a avid backpacker so needing to seem nearly is a disappointment.  But, I hope to be back trekking the ridges of both Zion and Bryce this year.

The event ad is below:…

Wisconsin Supreme Court Finds Wisconsin Governor Acted Unlawfully About Mask Mandate

The Wisconsin Supreme Court blocked Democratic Gov. Tony Evers from issuing any new public health crisis orders to support face masks. In a 4-3 decision that broke along ideological lines, the conservative majority discovered that Evers lacked authority because of his purchase. It is much like a ruling rejecting requests by Michigan Gov. Gretchen Whitmer.  What was most striking was the dissenting opinion from the three liberal justices. The dissenting justice embraced the most convoluted and artificial construct to ignore the simple meaning of the state law.
Justice Brian Hagedorn wrote for most depending on the state language of their state law that mandates that governors may issue health emergencies for 60 days but then the Legislature must approve any expansion.  Therefore, Hagedorn composed”The question in this case isn’t whether the Governor acted wisely; it is whether he acted lawfully. We conclude he did not.”
Have a look at the surgical speech and see whether you see the ambiguity relied upon by the dissenting justices. I’ve included the bolded emphasize:

The governor could issue an executive order declaring a state of crisis to the state or some portion of the condition whether he or she determines that a crisis resulting from a tragedy or the impending threat of a disaster exists. If the governor determines that a public health emergency exists, he or she could issue an executive order declaring a state of emergency related to public health because of the nation or any portion of the nation and may designate the department of health services as the lead state agency to respond to that crisis. If the governor determines that the crisis is related to computer or telecommunication systems, he or she may designate the department of government as the lead agency to respond to this crisis. A state of emergency will not exceed 60 days, unless the condition of emergency is extended by joint resolution of the legislature. A copy of the executive order will be filed with the secretary of the state.

The 2002 model law was controversial as a result of unilateral authority given to governors.  I was among people who composed as well as such provisions as harmful concentrations of authority.  That model law enabled governors to renew such declarations — a supply that I and others specifically criticized.
Wisconsin is among the countries the heeded the complaint and refused to adopt MSEHPA’s provision permitting for the public health emergency statement to be unilaterally renewed every 30 days. MSEHPA § 405(b). Instead, it kept its prior time restrictions on emergency requests. 2001 Wis..
The album therefore would seem abundantly clear in its language and its own statutory history.  However, in dissent, Justice Ann Walsh Bradley wrote that the court should allow for a more fluid reading in light of this pandemic:”That is no run-of-the-mill instance. We’re in the middle of a global pandemic… with all the stakes so high, most not just arrives at erroneous conclusions, but additionally, it obscures the outcome of its decision.”  Bradley relies on the interpretation of a term”occurrence” that doesn’t appear in the operative provision while allowing the ends to induce the resources on the interpretation.  The dissenting justices adopt an artificial construct to assert that this isn’t one crisis but a set of ongoing emergencies though they’re all based on Covid-19.  This way, they suggest that a juvenile could just daisy-chain declarations by stressing that every insular pandemic issue is just another emergency.  Indeed, the worsening of a stunt has been Seen as a new”occurrence”:

Unlike Order Number 72, that was premised on preparing Wisconsin to the fight against …

The Gaetz Scandal Is Extended On Speculation And Short On Truth

The scandal between Rep. Matt Gaetz (R-Fla.) Continues to rage in Washington as Gaetz alleges that a conspiracy to pay $25 million and also the New York Times has recently reported that an investigation to his traveling across state lines with a little sex. Both are serious allegations and someone is clearly lying. The issue is why, after a year of documented investigation, the underlying facts appear unresolved.  Either this girl was 17 or she wasn’t. Either Gaetz traveled with her or him he didn’t. Then there is a recorded call that may show the veracity of key witnesses.  To put it differently, there is raging speculation over facts that need to be easily and already established. Why?
The investigation of Gaetz occurred during the tenure of former Attorney General Bill Barr — another example of his department conducted nonpartisan investigations. Indeed, reports suggest that Barr prevented Gaetz during his tenure on account of this investigation.
The Justice Department has been criticized because of leaks, including flows attached to the Russian investigation.  As a defense attorney, I have had to deal with such leaks that clearly are calculated to pressure defendants.
Obviously, the Justice Department also has been criticized for speaking about cases that do not result in charges as revealed by the James Comey press conference prior to the 2016 election.  The Justice Department isn’t in the company of clearing subjects or addressing public controversies.
That’s the reason why Congress might need to step forward to seek confirmation of fundamental details on the allegations from Gaetz.  It has considerable authority and motive to do so. In case Gaetz is guilty, he’d likely face criminal penalties and probable expulsion from Congress. But, it has reportedly been under investigation for a year along with also the age and relationship of the girl should have been easy to confirm.
Obviously, assuming the girl was underage, there can be complicating factors. For instance, they might not have traveled together however she might assert that they arranged to meet on such excursions. (Thus Gaetz’s suggestion of reviewing his journey documents won’t answer the legal issue of facilitating or allowing such travel). Gaetz insists he knows of no one person. Period.

There are reports the investigation of Gaetz began with a sex trafficking investigation of a third party.
Then there is the call that is being mentioned by Gaetz within an attempt to extort. In case the call was listed by one of the parties, then it isn’t clear why it cannot be released.  Gaetz wants it released and his dad (who is allegedly on the phone) would concur. The other party is reportedly former Justice Department lawyer David McGee, currently with the law firm Beggs & Lane. McGee denies being part of any such conspiracy and says he doesn’t have an objection to the discharge.
The call is one area to test the trustworthiness of Gaetz who claims it will demonstrably show extortion while McGee insists it was a harmless call with a concerned dad.  The composed extortion provide is perfectly eccentric.  Extortionists normally do not provide a comprehensive written offer, such as a pledge to seek a presidential pardon to get Gaetz. This is all part of a weird claim to be looking for the $25 million for a captured former FBI agent.
In case the telephone was orchestrated by the Justice Department, then it’s unlikely to publish the transcript or the recording exclusively to tackle the controversy. (Gaetz’s dad said he wore a wire at the behest of the FBI).  The only other avenue would be for Congress to look for the …

Key Witness In Chauvin Trial On Invoke Your Fifth Amendment And Refuse To Testify

Among the key witnesses in the trial of former police officer Derek Chauvin in the death of George Floyd will not be testifying. Other than the officers , the individual with the best knowledge and monitoring of Floyd was his buddy who had been in the car with him, Morries Lester Hall.  Hall, 42, has given people interviews but has announced he will not testify in dread he incriminate themselves. It’s rare for someone who gave interviews with news organizations such as CNN to refuse to testify in trial. Normally such witnesses fall to talk in any forum to maintain their silence.
In the movie shown at trial, Floyd looks high and the employee who flagged the fake bill also stated on the stand he appeared about drugs. Both men apparently were in the store and Hall might have attempted to pass the fake cash — increasing the concern of self-incrimination.
The authorities also previously stated that Hall gave a fictitious name to officers after Floyd’s death and subsequently left Minneapolis.
Therefore, counsel for Mr. Hall reluctantly moves this court to quash the subpoena… and launch Mr. Hall from some other obligations “
Hall has given multiple interviews, such as describing himself in a Times interview  as a”key witness”  He insisted”I’m an integral witness to the cops killing George Floyd, and they want to know my side. Whatever I’ve been through, it’s all over with now. It is not about me”
In invoking the Fifth Amendment, it’s about him and his urge to prevent self-incrimination. Many judges would be miffed to a witness who’s actively engaging in public interviews regarding what he saw while pretending to do so under oath. However, Hall certainly has an inherent right to refuse to testify.
In my opinion, the refusal to testify is more of a blow to the defense than the prosecution. As a criminal defense attorney, I’d have viewed Hall as watch who could open areas of drug use, criminal behaviour, and relevant history to progress the defense story. He would have probably done more harm than good for the prosecution in my opinion given his particular history and conduct.
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The Gaetz Scandal Is Long On Speculation And Short On Facts

Continues to rage in Washington since Gaetz alleges a conspiracy to pay $25 million and the New York Times has recently reported that an investigation to his journey across state lines using a minor for sex. These two are serious allegations and somebody is clearly lying. The question is why, after a year of documented evaluation, the underlying facts appear unresolved.  Either this girl was 17 or she wasn’t. Either Gaetz went together with her or him he didn’t. Then there is a taped call that may show the veracity of key witnesses.  To put it differently, there is raging speculation over details that need to be readily and already established. Why?
Indeed, reports indicate that Barr prevented Gaetz during his tenure due to the investigation.
Even the Justice Department has long been criticized because of leaks, including flows tied to the Russian evaluation.  As a defense lawyer, I have had to handle these kinds of leaks that are calculated to pressure defendants.
Of course, the Justice Department has also been criticized for talking about cases that don’t result in charges as revealed from the James Comey press conference prior to the 2016 election.  The Justice Department isn’t in the company of clearing issues or treating people controversies.
That’s precisely why Congress may have to step forward to seek confirmation of basic details on the allegations from Gaetz.  It has considerable authority and reason to do so. However, it’s reportedly been under evaluation for a year along with also the age and relationship of the girl should have been easy to confirm.
Of course, assuming the girl was underage, there may be complicating factors. As an instance, they may not have traveled together however she might claim that they arranged to meet on these trips. Gaetz insists that he knows of no person. Period.

There are reports that the evaluation of Gaetz started with a gender trafficking evaluation of another party. That larger case could also result in delays in the issuance of indictments.
Then there is the call that’s being cited by Gaetz as part of an effort to extort. If the phone was recorded by one of the parties, then it isn’t apparent why it cannot be released.  Gaetz wants it released and presumably his father (who is reportedly on the phone) would concur. McGee insists being a part of such a conspiracy and says that he doesn’t have an objection to the discharge.
The call is one region to test the trustworthiness of Gaetz who claims that it will demonstrably show extortion while McGee insists that it was a benign contact using a worried father.
If the call was orchestrated from the Justice Department, it is not likely to release the transcript or the recording exclusively to address the controversy. The only other avenue would be for Congress to look for the transcript or recording citing legislative and oversight authority.  Together with the parties raising no objection to discharge, the only question would be law enforcement rights and any privacy concerns if the woman’s identity is disclosed directly or indirectly.  Yet, it is possible to tackle these issues through redactions or even summaries.
What is curious is that Gaetz remains, after a year, but reportedly a subject not a target in the analysis. If the prosecutors confirmed the girl was underaged and traveled with Gaetz or had a sexual relationship with him, he would definitely be a target.  Obviously there is a propensity to maintain the lower status so long as possible however I would have anticipated a grand jury entry after a year on this kind …

From Sheets To Skulls: Faculties Facing Calls For Fundamental Changes In Academic Disciplines

There are fresh calls for basic changes in academic disciplines this month to deal with systemic racism.  In Oxford, music department staff is calling for its removal of sheet music from the institution’s curriculum as a relic of the”colonial past” The calls are suggestive of basic changes required in many of our academic disciplines. Such discussions are great for academic institutions, however, only if college and students feel comfortable in challenging these claims. On many of our campuses, there is a palpable fear about talking out at the probability of being labelled racist or insensitive on these issues.

According to The Telegraph, the proposal at Oxford would eliminate sheet music from the curriculum because such music notation has not”shaken off its link to its colonial past” and reveals complicity in”white supremacy.” They also assert that any requirements on figuring out how to conduct orchestras or playing piano serve to”structurally center white European music” and cause”students of colour great distress”
In an essay published by the American Journal of Physical Anthropology, professors Elizabeth DiGangi of Binghamton University and Jonathan Bethard of the University of South Florida employed critical race theory to challenge the very assumption of forensic anthropology that skull size and form can help trace ancestry as a Result of common traits:

“Conceptualized in reaction to entrenched racism in the Western legal system, CRT tries to address and redress systemic wrongs by illustrates how racism has become normalized within our legal and societal structures and its resultant technical consequences. The body of theory is consequently utilized as an mechanism to purge and interrogate the structures that maintain white supremacy and liberty, and as systemic, pervasive, and embedded in global institutions to include mathematics, anthropology, and the academy.”

They assert:

“along with the discussed scientific problems, the principal point isn’t whether we are knowingly or intentionally perpetuating the biological race concept, or if ancestry estimation”works,” or if researchers have established more complex methods to demonstrate it functions –the point here is that by supplying an ancestry estimate grounded in characteristics of the skull, we’re reinforcing law enforcement and the general public’s belief in the concept of race. “

I don’t agree with the challenges to sheet music and forensic anthropology, however I’d be interested in listening to this kind of disagreement. The challenge is that there is not much religion anymore concerning the capacity to debate these issues.  Even though many insist that”people need to talk about race,” academics are routinely fired and investigated after participating in these discussions. Indeed, intent frequently does not matter in using phrases contested as offensive in writings or classes.
In their column on forensic anthropology, Professors DiGangi and Jonathan Bethard note that their struggle is likely to make many uncomfortable but insists that these feelings Are Merely the deposit of racism coming ahead:

“We expect that this discussion might displease some readers and/or make them uncomfortable. The irony is this reluctance and discomfort are a part and parcel of this insidious nature of structural racism, as discussed earlier. Our white innocence allows us not to see it unless it affects us directly and therefore we refuse or deny its presence and/or importance, although it’s hiding in plain sight”

However, there is also the distress of any college which they cannot challenge such racism claims without putting their livelihood and potential academic opportunities at risk. The result is a quiet that is strengthened by canceling efforts. This statement is a great example. While saying they wish a debate, DiGangi and Bethard dismiss any expressions of distress”as a part and parcel of the nature of structural racism.” …

Old Asian Woman Attacked On New York Street… Security Guard Responds By Final Door

New York City Police are searching for this man who attacked a 65-year-old Asian girl in broad daylight in Midtown around the sidewalk at West 43rd Street near Ninth Avenue. The video below shows a man within a building just a couple feet away watching the assault. Like others, he does nothing. 1 person who did act was a security guard who walks over and shuts the door.

The New York Post reported the defendant yelled anti-Asian statements while he beat the girl, including,”F–k you, so you don’t belong .”
1 man stops undoing packages to watch the entire attack without intervening. Then two construction security officers appear to walk and shut the door. The Post reports the guard insisted he was unaware of the assault. However, he could at a minimum clearly understand the girl in distress on the floor.…

2 Capitol Police Officers Sue Trump Over Capitol Riot

I recently wrote about the litigation by Rep. Eric Swalwell against former President Donald Trump as a serious miscalculation that could cause a legal vindication for Trump either about the trial or appellate levels. In my opinion, the litigation contravenes free speech in addition to controlling case law from the Supreme Court. Two Capitol Police officers injured during the riot, James Blassingame and Sidney Hemby, have sued on similar grounds together with a number of the exact inherent flaws. The 40-page lawsuit was composed by D.C. lawyer Patrick Malone, who formerly filed ethics complaints against attorneys representing the Trump effort or the Republican party.  Trump attorneys many view this litigation as a greater opportunity than a liability for their client.

The officers hunt $75,000 in damages in their criticism but also request unspecified punitive damages.
The criticism introduces five counts. There are in fact six”points” listed but there are just two count fives from the criticism.  The next”Count Five” is really just a demand for punitive damages, rather than an authentic separate tort.  The first five points are:

COUNT ONE (Directing Assault and Battery)

COUNT THREE (Directing Intentional Infliction of Emotional Distress)
COUNT FOUR (Violation of a Public Safety Statute: D.C. Code § 22-1322 — Incitement to Riot)

The litigation notably comprises exactly the same claim of intentional infliction of mental distress that was raised by Swalwell.  In 2011, the court ruled 8-1 in favor of Westboro Baptist Church, an infamous group of zealots who engaged in homophobic protests at the funerals of slain American troops. In rejecting a lawsuit against the church constitutional grounds,” Chief Justice John Roberts wrote:”speech is powerful. It could stir people to act, transfer them into tears of both joy and regret, and — since it did here — inflict pain. But, before us, we cannot react to this pain by punishing the speaker” Roberts distinguished our nation from hateful figures such as the Westboro group, noting that”as a nation we’ve chosen another course — to shield much hurtful speech on public issues to make sure that we don’t stifle public debate.”
The complaint adds a strained”aiding and abetting” claim in addition to the direct promise of assault and battery life.  By way of example, the complaint alleges”Trump assisted and abetted his followers’ battery and assault James Blassingame and Sidney Hemby during his suggestive words and reinforcement heading around and on January 6, 2021, that were spoken from his place of authority and gave his own message extra weight” Imagine what would have been free speech at the United States if people could be prosecuted because of their”suggestive words and reinforcement” for third parties who afterwards violate law.
In Brandenburg v. Ohio, the Supreme Court ruled in 1969 that even calling violence is protected under the First Amendment unless there is a danger of”imminent lawless action and is very likely to incite or produce such action”
Trump never called for violence and told his followers to go to the Capitol peacefully to”cheer” on those difficult the votes.Such protests in capitals are typical and, although reckless, Trump’s speech may as easily be translated as a demand for demonstration rather than violence.
Notably, the Ku Klux Klan leader Clarence Brandenburg also known to a planned parade on Congress after declaring that”revengeance” may be obtained to the desperation of the president and Congress. The Supreme Court nevertheless resisted the conviction.
The court has rejected these kinds of disagreements as a danger to free speech in our society. In a different scenario, NAACP v. Claiborne Hardware Co., the court overturned a ruling against the National Association for the Advancement …

The Gaetz Scandal Is Long On Speculation And Short On Truth

Continues to rage at Washington since Gaetz alleges a conspiracy to pay $25 million and the New York Times has reported that an investigation to his journey across state lines using a little sex. Both are serious allegations and someone is clearly lying. The issue is why, after a year of documented investigation, the inherent facts appear unresolved.  Either this woman was 17 or she wasn’t. Either Gaetz traveled with her or he did not. Then there’s a recorded call that may show the veracity of important witnesses.  In other words, there’s raging speculation over details which need to be readily and already established. Why?

The Justice Department has long been criticized because of leaks, including leaks tied to the Russian investigation.  As a defense attorney, I have had to take care of such leaks that are calculated to stress defendants.
Obviously, the Justice Department has also been criticized for talking about cases which don’t lead to charges as revealed by the James Comey press conference prior to the 2016 election.  The Justice Department is not in the company of clearing subjects or addressing public controversies.
That is the reason why Congress might need to step forward to seek confirmation of basic facts on the allegations against Gaetz.  It has ample authority and motive to do so. But, it has allegedly been under investigation for a year along with also the age and relationship with this woman should have been simple to confirm.
Obviously, assuming the woman was underage, there may be complicating factors. For instance, they may not have traveled together but she could claim they organized to meet on such excursions. Once more, however, such traveling (along with her status as a minor) must already be established. Gaetz insists he knows of no such person. Period.

Then there’s the telephone that’s being cited by Gaetz as part of an attempt to extort. In case the call was recorded by one of those parties, then it is not clear why it cannot be released.  Gaetz needs it released and presumably his dad (who is allegedly on the phone) would agree. Another party is allegedly former Justice Department attorney David McGee, now with the law firm Beggs & Lane. McGee insists being a part of any such conspiracy and states he has no objection to the release.
The telephone is 1 area to test the trustworthiness of Gaetz who claims it will demonstrably show extortion while McGee insists it was a benign call using a worried dad.
In case the telephone was orchestrated by the Justice Department, then it’s unlikely to publish the transcript or the recording exclusively to deal with the controversy. (Gaetz’s dad said he wore a wire at the behest of the FBI).  Really, absent an indictment, it may not be released. The only other avenue is for Congress to seek the transcript or recording citing legislative and oversight power.  With all the parties raising no objection to release, the only question would be law enforcement rights and any privacy issues in the event the woman’s identity is revealed directly or indirectly.  However, it’s possible to address such problems through redactions or summaries.
What’s curious is that Gaetz remains, after a year, but allegedly a subject not a target in the analysis. In the event the prosecutors confirmed the woman was underaged and traveled using Gaetz or had a sexual relationship with him, he would obviously be a target.  Obviously there’s a tendency to keep the lower standing as long as possible but I would have anticipated a grand jury submission after a year on such a …

The Gaetz Scandal Is Extended On Speculation And Short On Facts

The scandal between Rep. Matt Gaetz (R-Fla.) Continues to rage at Washington as Gaetz said that a conspiracy to pay $25 million and the New York Times has reported that an investigation to his travel across state lines using a minor for sex. Both are serious allegations and somebody else is obviously lying. The question is why, after a year of reported evaluation, the inherent facts seem unresolved.  Either this girl was 17 or she was not. Either Gaetz went together with her or him he didn’t. Then there is a recorded call that could demonstrate the veracity of important witnesses.  In other words, there is raging speculation over details that should be readily and already established. Why?
Even the Justice Department has been criticized for leaks, including leaks attached to the Russian evaluation.  As a defense attorney, I have been required to deal with such leaks that are calculated to pressure defendants.
Naturally, the Justice Department also has been criticized for speaking about cases that do not lead to charges as revealed by the James Comey press conference prior to the 2016 election.  The Justice Department is not in the company of clearing subjects or addressing public controversies.
That’s why Congress may have to step forward to look for confirmation of fundamental facts on the allegations against Gaetz.  It has considerable authority and motive to do so. In case Gaetz is guilty, he would probably face criminal penalties and probable expulsion from Congress. But, it’s reportedly been under evaluation for a year and the age and relationship of the girl should have been easy to confirm.
Of course, assuming the girl was underage, there may be complicating factors. By way of instance, they may not have traveled together however she could assert that they organized to meet on these excursions. Yet again, but such traveling (and her status as a minor) must already be established. Gaetz insists that he knows of no person. Period.

Then there is the call that is being cited by Gaetz as part of an effort to extort. In case the phone was recorded by one of the parties, then it is not clear why it can’t be released.  Gaetz wants it released and his dad (who is reportedly on the phone) would concur. The other party is reportedly former Justice Department lawyer David McGee, now with the law firm Beggs & Lane. McGee insists being a part of any such conspiracy and states that he does not have any objection to this release.
The call is 1 area to test the credibility of Gaetz who claims that it will demonstrably show extortion while McGee insists that it was a benign call using a worried dad.
In case the call was orchestrated from the Justice Department, then it’s unlikely to publish the transcript or the recording exclusively to tackle the controversy. The only other avenue would be for Congress to seek out the transcript or recording citing oversight and legislative authority.  Together with the parties raising no objection to release, the only real question would be law enforcement rights and any privacy concerns if the woman’s identity is disclosed directly or indirectly.  However, it’s possible to address these problems through redactions or summaries.
What is curious is that Gaetz remains, after a year, but reportedly a subject not a goal in the analysis. In the event the prosecutors confirmed the girl was underaged and traveled with Gaetz or even had a sexual relationship with him, he would definitely be a goal.  Clearly there is a tendency to maintain the lower status so long as possible …

The Gaetz Scandal Is Long On Speculation And Short On Facts

Continues to rage in Washington as Gaetz alleges that a conspiracy to over $25 million and also the New York Times has reported that an investigation into his travel across state lines with a little sex. Both are serious allegations and somebody else is obviously lying. The issue is why, after a year of documented investigation, the underlying facts seem unresolved.  Either this woman was 17 or she wasn’t. Either Gaetz traveled with her or he didn’t. Then there is a taped call that could demonstrate the veracity of key witnesses.  In other words, there is raging speculation over facts which should be readily and established. Why?
The Justice Department has long been criticized for leaks, including leaks tied into the Russian investigation.  As a defense lawyer, I have been required to deal with these kinds of leaks that clearly are calculated to stress defendants.
Naturally, the Justice Department also has been criticized for talking about cases which do not result in charges as shown from the James Comey press conference before the 2016 election.  The Justice Department is not in the business of clearing issues or treating people controversies.
That is exactly the reason why Congress may have to step forward to find confirmation of fundamental details on the allegations from Gaetz.  It has considerable authority and reason to do so. In case Gaetz is guilty, he’d likely face criminal charges and probable expulsion from Congress. However, it has allegedly been under investigation for a year and the age and relationship with this woman should have been easy to affirm.
For example, they may not have traveled together however she can assert that they arranged to meet on such trips. Yet more, however, such traveling (and her status as a minor) must be established. Gaetz insists he knows of no person. Period.

Then there is the call that’s being mentioned by Gaetz within an effort to extort. In case the phone was listed by one of the parties, it is not apparent why it can’t be published.  Gaetz needs it published and his father (who is allegedly on the telephone ) would agree. McGee insists being a part of such a conspiracy and says he has no objection to the release.
In case the phone was orchestrated from the Justice Department, it’s not likely to publish the transcript or the recording only to cover the controversy. Indeed, absent an indictment, it may not be published. The only other avenue is for Congress to look for out the transcript or recording mentioning oversight and legislative authority.  With the parties raising no objection to discharge, the only question would be law enforcement privileges and any privacy concerns in the event the woman’s identity is disclosed directly or indirectly.  Yet, it’s likely to tackle these problems through redactions or even summaries.
What’s curious is that Gaetz is still, after a year, allegedly a subject not a target in the investigation. In the event the prosecutors supported the woman was underaged and went together with Gaetz or had a sexual relationship with himhe would obviously be a target.  Clearly there is a propensity to maintain the lower status so long as possible however I’d have expected a grand jury entry after a year on this kind of relatively straight-forward instance or at least a change in position for Gaetz.

There is a categorical refusal by Gaetz there was ever such a woman or these trips or such a connection.  This ought to be easy to confirm. While Democratic members have called for his immediate resignation, it would be useful to have details and …

The Gaetz Scandal Is Long On Speculation And Short On Truth

Continues to rage at Washington as Gaetz said that a conspiracy to extort $25 million and the New York Times has reported an investigation to his traveling across state lines with a minor for sex. These two are serious allegations and somebody is clearly lying. The question is why, after a year of reported evaluation, the inherent facts appear stern.  Either this girl was 17 or she wasn’t. Either Gaetz went together with her or he did not. Then there is a recorded call that could prove the veracity of key witnesses.  To put it differently, there is raging speculation over info that need to be readily and established. Why?
Even the Justice Department has been criticized because of leaks, including flows tied to the Russian evaluation.  As a defense lawyer, I have had to take care of these kinds of leaks that clearly are calculated to pressure defendants.
Needless to say, the Justice Department also has been criticized for talking about cases that don’t lead to charges as revealed from the James Comey press conference prior to the 2016 election.  The Justice Department is not in the business of clearing subjects or treating people controversies.
That’s why Congress may have to step forward to look for affirmation of basic facts on the allegations from Gaetz.  It has considerable authority and reason to do so. However, it’s reportedly been under evaluation for a year along with also the age and relationship of the girl should have been simple to affirm.
Needless to say, assuming the girl was underage, there may be complicating factors. As an instance, they may not have traveled together but she could assert they organized to meet on these excursions. Yet more, however, such traveling (along with her status as a minor) must be established. Gaetz insists he knows of no person. Period.

Then there is the call that’s being mentioned by Gaetz within an attempt to extort. In case the call was recorded by one of those parties, then it is not apparent why it can’t be released.  Gaetz wants it introduced and his dad (who is reportedly on the phone) would concur. McGee denies being part of such a conspiracy and says he doesn’t have an objection to the discharge.
In case the phone was orchestrated from the Justice Department, then it is not likely to release the transcript or the recording solely to cover the controversy. Indeed, absent an indictment, it may not be released. The only other avenue is for Congress to find the transcript or recording citing legislative and oversight power.  Together with all the parties raising no objection to release, the only real question would be law enforcement rights and any privacy issues if the girl’s identity is disclosed directly or indirectly.  However, it is likely to address these issues through redactions or summaries.

There is a categorical denial by Gaetz there was ever such a girl or these excursions or this type of connection.  That should be easy to confirm. While Democratic members have called for his immediate resignation, it could be handy to have facts and also an investigation. I also took the Exact Same position with Gov. Andrew Cuomo.  You can’t state that you’re protecting the principle of law once you discard any notion of due process.  These are facts that should not be hard for Congress to affirm even without disclosures in the Justice Department. If there is such a girl, she is now a grownup but her identity may nevertheless be protected from public disclosure in any congressional investigation.  The first problem is a matter of …

He Who Should Not Be Heard: Facebook Removes Interview By Lara Trump For Adding The”Voice Of Donald Trump”

Recently, Sen. Bernie Sanders raised concerns on the banning of Donald Trump by Twitter as an Assault on free speech by corporate censors.

It apparently had no impact on Large Tech.  Facebook has eliminated a video of a meeting by Lara Trump of her father-in-law and preceding president. It appears that Trump has achieved Voldemort standing on social media and is now”he who must not be noticed.”
The otherwise cheerful note started with”Hello people” and then stated”In accord with the block we put on Donald Trump’s Facebook and Instagram accounts, further content posted in the voice of Donald Trump will be eliminated and result in further limitations on the accounts”
The move is a clear attack on free speech, such as political speech.
Notably, he is talking about the Yankees but the posting would be censored because the team was discussed in the voice of Donald Trump.  It is not his view but Trump himself who has been canceled by the organization. However, ironically, Lara Trump could sit next to Trump and have him whisper his views into her ear. She could then give his views in the voice of Lara instead of Donald Trump.
As we’ve discussed, Democrats have left long-held free address worth in favor of corporate censorship. They obviously has another”comfort zone” than Sanders.  What disturbs many Democratic members will be the capability of people to talk freely on those platforms and disperse what they view as”disinformation.”
When Twitter’s CEO Jack Dorsey arrived before the Senate to plead for blocking the Hunter Biden story prior to the election as a error, senators pushed him along with other Large Tech executive for greater censorship.
In that hearing, members such as Sen. Mazie Hirono (D., HI) pushed witnesses like Mark Zuckerberg and Jack Dorsey for assurance that Trump would remain protected from speaking on their platforms:”Which are the two of you ready to do regarding Donald Trump’s usage of your platforms after he quits being president, would be still be deemed newsworthy and will he still be able to use your platforms to spread misinformation?”
Instead of addressing the hazards of such countless news accounts, Senator Chris Coons pushed Dorsey to expand the classes of censored material to prevent people from discussing any perspectives he considers”climate denialism.” Likewise, Senator Richard Blumenthal appeared to take the opposite meaning from Twitter, declaring it was wrong to censor the Biden story. Blumenthal stated he was”worried that both your businesses are, in fact, backsliding or retrenching, which you’re failing to take action against dangerous disinformation.” Accordingly, he demanded an Response to This question:

“Will you devote to exactly the identical sort of robust content modification playbook in this coming election, such as fact checking, labeling, reducing the spread of corruption, along with other measures, for politicians from the runoff elections beforehand?”

“Robust content modification” has a certain appeal, such as, for instance, a kind of software update. It is not content modification. It’s censorship. If our representatives are likely to crackdown on free speech, they should acknowledge to becoming advocates for censorship.
These businesses are attempting to erase a popular figures however in doing this they’re only deepening the branches and anger in our nation. Still, the media is largely either supportive or silent in the face of this corporate regulation of political speech.
The movement by Facebook could strengthen calls for altering Section 230 of the Communications Decency Act.
Big Tech once engineered itself as the equivalent of the telephone company, and consequently sought protections as neutral providers of communication forums allowing people to voluntarily associate and socialize. It then started to …

Two Capitol Police Officers Sue Trump Over Capitol Riot

I recently wrote about this lawsuit by Rep. Eric Swalwell against former President Donald Trump because of significant miscalculation that could lead to a legal vindication for Trump both on the trial or appellate levels. In my opinion, the lawsuit contravenes absolutely free speech as well as controlling case law in the Supreme Court. Now two Capitol Police officers injured during the riot,” James Blassingame and Sidney Hemby, have sued on similar grounds using lots of the exact same inherent flaws. The 40-page litigation was written by D.C. lawyer Patrick Malone, who formerly filed ethics complaints against lawyers representing the Trump campaign or the Republican party.  Trump lawyers many view this lawsuit as a larger chance than a liability because of their client.
The officers seek $75,000 in damages in their criticism but also ask for unspecified punitive damages.
The criticism introduces five counts. There are in fact six”counts” recorded but you will find two count fives from the criticism.  The second”Count Five” is actually only a demand for punitive damages, rather than an actual independent tort.  The initial five counts are:

COUNT THREE (Directing Intentional Infliction of Emotional Distress)
COUNT FOUR (Violation of a Public Safety Statute: D.C. Code § 22-1322 — Incitement to Riot)
COUNT FIVE (Violation of a Public Safety Statute: D.C. Code § 22-1321 (a)(1 ) ), (a)(2), and (b)Disorderly Conduct)

The lawsuit notably includes the same claim of intentional infliction of emotional distress that was increased by Swalwell.  In 2011, the court ruled 8-1 in favor of Westboro Baptist Church, an infamous group of zealots who participated in homophobic protests at the funerals of murdered American troops. In rejecting a lawsuit against the church constitutional grounds, Chief Justice John Roberts wrote:”speech is powerful. It can stir people to act, move them to tears of joy and regret, and — because it did here — inflict pain. But, before uswe can’t react to that pain by alerting the speaker” Roberts distinguished our nation from hateful statistics like the Westboro group, noting that”as a country we’ve chosen a different route — to protect even hurtful speech on public matters to make sure that we do not stifle public discussion.”
The complaint adds a strained”aiding and abetting” claim in addition to the immediate promise of assault and battery.  By way of instance, the complaint alleges”Trump assisted and abetted his followers’ battery and assault James Blassingame and Sidney Hemby by his suggestive phrases and encouragement heading up to and around January 6, 2021, that were spoken from his place of authority and gave his message additional weight” Imagine what would happen to free speech in the USA if individuals could be prosecuted for their”suggestive phrases and encouragement” for parties that later violate the law.
In Brandenburg v. Ohio, the Supreme Court ruled in 1969 that calling violence is protected under the First Amendment unless there is a threat of”imminent lawless action and is very likely to incite or produce such action”
Trump never called for violence and instead told his followers to visit the Capitol peacefully to”cheer” on those challenging the votes.Such protests at capitals are typical and, while reckless, Trump’s address may as easily be interpreted as a call for demonstration rather than violence.
Especially, the Ku Klux Klan leader Clarence Brandenburg also referred to a planned march on Congress after announcing that”revengeance” may be taken for the desperation of this president and Congress. The Supreme Court still overturned the conviction.
The court has always rejected these kinds of disagreements as a threat to free speech in our society. In Hess v. Indiana, the court rejected the prosecution …

GoFundMe Shuts Down Fundraiser Of Parents Opposing Critical Race Theory At Loudoun County

There’s a brand new controversy at GoFundMe that has been criticized for distributing to campaigns to offset conservative causes on the fundraising website. Loudoun county college workers encouraged a campaign to cancel the fundraiser and GoFundMe immediately informed the team that it had violated the site’s policies. However, there’s absolutely not any explanation of the specific offenses that I could find. There may well be legal reasons for such termination but the failure to become clear and transparent on these reasons is profoundly about from a free speech perspective.
Loudoun county has become the center of an intense debate over anti-racist programs.  Back in June, the Loudoun County Public Schools adopted a”Culturally Responsive Framework” to dismantle”white supremacy, systemic racism, and hateful speech and activities based on race, religion, country of origin, gender identity, sexual orientation, and and/or ability.”
Subsequently in September Superintendent Scott Ziegler attracted criticism for a proposition that would bar teachers from speaking out from the district’s new frame, according to a draft of that coverage. The draft Comprises a profoundly troubling provision that would curtail free speech rights of educators speaking outside of college:

“Workers are expected to support the school division’s commitment to action-oriented equity practices through the performance of the job responsibilities, since the Division participates in the disruption and dismantling of white supremacy, systemic racism, along with speech and activities inspired by race, religion, country of origin, gender equality , sexual orientation, and/or ability. Behavior That Won’t be tolerated includes but isn’t Limited to:

Any comments or activities that aren’t in alignment with the school division’s devotion to action-oriented equity practices, and which affect an individual’s capacity to perform their job duties or create a breach in the trust bestowed upon them as an employee of the college division. “

Notably, this includes telephone conversations off-campus in addition to social media. Critical race theory remains a controversy throughout the country that is the subject of considerable debate on social websites in addition to political campaigns.
Adding to this breed is a current movie being circulated by parents on a semester from the Loudoun county where a teacher confronts a facilitator on the meaning of a film:

That context has abandoned tensions high in the county, that led to the angry result of the campaign to shutdown the projecting ability for this website. I’m unfamiliar with all the affected page, which was created by an individual called Scott Mineo. He is connected with Parents Against Essential Theory (PACT) that utilized the page to raise money to oppose the new coverages.  I’m honestly unfamiliar with PACT but the policy in conservative media sites say that GoFundMe has diminished to spell out the basis for this action.  It simply has a statement it can eliminate any user articles it deems”in its sole discretion to be unacceptable,” according to its own user guidelines.
There’s an obvious concern over private censorship, especially in the absence of transparency on the foundation for such a termination. As mentioned recently by Sen. Bernie Sanders, you will find increasing free speech concerns raised by private censorship of these businesses.
The enlarging censorship of the Internet continues to demonstrate regeneration and bias as Democratic members push “strong modification” to silence opposing viewpoints of everything from climate change to justice.
I have no concept of the virtues of the latest dispute and that is precisely the problem. If GoFundMe is going to shutdown political campaigns, it ought to at least shoulder the burden of describing to the campaign or page how it violated the guidelines. Otherwise, the feeling of utter impunity in censoring webpages …

Elderly Asian Woman Attacked On New York Street… Security Guard Responds By Final Door

New York City Police are searching for this man who assaulted a 65-year-old Asian woman in broad daylight in Midtown on the sidewalk at West 43rd Street near Ninth Avenue. The movie below shows a man within a building just a couple of feet away watching the assault. Like many others, he really does nothing. One person who did behave was a security guard who walks over and closes the door. [Update: The NYPD has detained Brandon Elliott for the crime].
Even the New York Post noted that the defendant yelled anti-Asian bills while he beat the woman, for example,”F–k you, you do not belong here.”
One man stops undoing packs to see the entire attack without intervening. Then two building security officers appear to walk and close the door. The Post reports that the guard insisted that he was unaware of the assault. But he could at a minimum certainly see the woman in distress on the ground.

Even the New York police division has listed a 1,300 percent increase in hate crimes against Asian Americans during the pandemic.

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Trump’s Duty Or Opportunity? 2 Capitol Police Officers Sue Trump Over Capitol Riot

I recently wrote about the lawsuit by Rep. Eric Swalwell against former President Donald Trump as a significant miscalculation which could cause a valid vindication for Trump possibly on the trial or appellate levels. In my opinion, the lawsuit contravenes absolutely free speech in addition to controlling case law from the Supreme Court. Two Capitol Police officers wounded during the riot, James Blassingame and Sidney Hemby, have sued on similar grounds together having lots of the identical inherent flaws. The 40-page litigation was composed by D.C. lawyer Patrick Malone, who previously filed ethics complaints against lawyers representing the Trump effort or the Republican party.  Trump lawyers many view this lawsuit as a larger opportunity than a liability because of their customer.
The officers find $75,000 in compensation in their complaint but also request unspecified punitive damages.
The complaint presents five counts. There are actually six”points” listed but you will find two count fives in the complaint.  The next”Count Five” is really just a demand for punitive damages, rather than an authentic independent tort.  The first five points are:

COUNT FIVE (Violation of a Public Safety Statute: D.C. Code § 22-1321 (a)(1 ) ), (a)(2), and (b)Disorderly Conduct)

The lawsuit notably comprises the identical claim of intentional infliction of emotional distress which was raised by Swalwell.  In 2011, the court ruled 8-1 in favor of Westboro Baptist Church, an infamous group of zealots who engaged in homophobic protests at the funerals of slain American troops. In rejecting a suit against the church constitutional grounds,” Chief Justice John Roberts wrote:”speech is powerful. It can stir people to act, transfer them into tears of both joy and regret, and — as it did here — inflict pain. But, before us, we cannot respond to that pain by alerting the speaker” Roberts distinguished our nation from hateful figures such as the Westboro group, noting that”as a country we’ve chosen another course — to shield even hurtful speech on public issues to ensure that we don’t stifle public debate.”
The complaint adds a strained”aiding and abetting” claim along with the immediate promise of assault and battery.  For instance, the complaint alleges”Trump aided and abetted his followers’ assault and battery to James Blassingame and Sidney Hemby through his suggestive words and reinforcement heading up to and on January 6, 2021, that were spoken out of his place of authority and gave his first message extra weight” Imagine what would happen to free speech in the USA if people could be prosecuted for their”suggestive words and reinforcement” for parties who later violate law.
In Brandenburg v. Ohio, the Supreme Court ruled in 1969 that calling for violence is protected under the First Amendment unless there’s a threat of”imminent lawless action and is likely to incite or produce such action”
Trump never called for violence and told his followers to visit the Capitol peacefully to”cheer” on these challenging the electoral votes.Such protests at capitals are typical and, although reckless, Trump’s address may as easily be interpreted as a call for demonstration as opposed to violence.
Especially, the Ku Klux Klan leader Clarence Brandenburg also called a planned march on Congress after announcing that”revengeance” may be obtained for the desperation of the president and Congress. The Supreme Court nevertheless resisted the conviction.
The court has consistently rejected these kinds of disagreements as a threat to free speech in our society. At Hess v. Indiana, the court rejected the prosecution of a protester announcing a goal to take on the streets, holding that”at worst, (the words) amounted to nothing more than advocacy of illegal action at some indefinite future time.” …

The Washington Post Offers Biden”Four Pinocchios” For Record on New Georgia Election Law

The Washington Post has issued a rare rebuke to President Joe Biden more than his statement about the new Georgia election legislation.  As noted before, Biden’s statistical claims concerning the catastrophe on the Southern boundary also have been contested by news organizations as untrue or false. However, 1 statement on the Georgia law came out for many when Biden declared”What I am concerned about is the way un-American this whole initiative is. It is sick. It is ill… deciding that you’re likely to end voting o’clock when working folks are only getting off work” The statement was repeated in an official White House release from the President. The is untrue and the Post awarded Four Pinocchios.  But, one additional statement from this essay was just surprising.

The election legislation really does the reverse of what Biden asserted. It ensured that, at a minimum, polls could remain available for a complete work day while permitting the lengthy hours commonly used on election day.  The prior legislation was ambiguous and could have allowed before closure of polling places.
So the new law requires polling places to be open”starting at 9:00 AM and ending at 5:00 PM.” However, the legislation also allows individual counties to set the hours anywhere between seven a.m. and seven p.m.
The Post went further to note that the law, based on each one the experts cautioned, has”the net impact… to enlarge the opportunities to vote for most Georgians, not limit them.”

The statement is in sharp contrast to Washington Post columnist Jennifer Rubin’s general complaint of”PBS NewsHour” correspondent Yamiche Alcindor for speaking to the catastrophe within an otherwise fawning question in exactly precisely the identical press conference. Rubin effectively criticized Alcindor for diverting from the accepted story and told her to”see the Washington Post’s record of data.”  The data does not support Biden’s statements on the emergency and this is 1 Post column that’s unlikely to be highlighted by Rubin or even the White House.

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Mature Asian Woman Attacked About New York Street… Security Guard Responds By Closing Door

The video below shows a guy in a building only a couple feet away seeing the assault. Like others, he really does nothing. 1 man who did act was a security guard that walks over and shuts the door.
The New York Post reported that the defendant yelled anti-Asian invoices while he overcome the girl, for example,”F–k you, so you do not belong .”
1 man stops undoing packages to see the entire attack without intervening. Then two construction security officers appear to walk and shut the door. The Post reports that the guard insisted that he was unaware of the assault. But he could at a minimum clearly observe the woman in misery to the ground.

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Situational Ethics: Allegations Facing Anti-Trump Figures Dampen Demands For Disbarments

After the 2020 election, the activists launched scorched earth campaigns against conservative characters which included calls for the disbarment or delicensing of Trump lawyers, doctors, and even U.S. senators. Countless righteous lawyers and practitioners signed petitions and letters, even insisting that they cannot stand idly by in the face of professional misconduct. Those outraged voices however have become eloquent as Trump critics have confronted ethical struggles. In the modern political environment, actions often look unethical only if they are unpopular. Consider the controversies surrounding anti-Trump figures former Yale Professor Bandy Lee along with Clinton lawyer Marc Elias — and the way the righteous have become reticent from the surface of supposedly unethical practices.
BANDY LEE
The calls for strip specialist licenses have expanded not just to Trump officials and lawyers but his former doctors. Conway outraged many liberals by downplaying dire accounts of Trump’s Covid-19 condition and was denounced as”unethical, dishonest and disgraceful” and activists demands”consequences” for his conduct in the health care boards.
That’s not the answer of some other physician much in the news. For four years, Dr. Bandy Lee, a former scientist with the School of Medicine and Yale Law School, made eccentric and unprofessional statements about the mental fitness of not just Trump however his supporters. A favorite professional of MSNBC, Lee announced Trump mentally unfit and reckless.  I had been one of the very first to phone out Lee for breaking up the”Goldwater Rule” — a moral rule barring the identification of public figures without private evaluative sessions or foundation. Nevertheless, Painter, Norm Eisen, George Conway, as well as others ignored the ethical issue and utilized Lee’s diagnosis to announce Trump mentally unfit.
Big networks and newspapers could not get enough as Lee who had been crucial to keep up the story that Trump needed to be removed under the 25th Amendment as mentally ill. She declared Trump supporters as mentally ill. Lee warned about Trump effectively brainwashing individuals and that figures such as Alan Dershowitz were warped by a”shared psychosis” such as sexual delusions like Dershowitz stating that he needed a”perfect sex life” That resulted in a criticism from Dershowitz to the Yale faculty who spent four years with no publicly denouncing Lee. It wasn’t Lee’s outrageous statements about Trump but her statement about Dershowitz that appeared to motivate the Yale faculty to act. Department head Dr. John Krystal told Lee that she’d”violated psychiatric ethics by’diagnosing”’ Dershowitz from afar also stated that her”recklessness of the remarks creates the look that they are self-serving in connection with your own political beliefs as well as other potential personal aspirations.”
But figures like Painter have dismissed not just the foundation for termination but allegations of unethical behaviour. Painter admits”Nuclear warfare did not come, so our worst fears never came to be,” but insists that the problem is the Goldwater Rule, not Lee. Despite being one of Lee’s most outspoken critics, I have raised worries over Lee’s termination but, unlike Painter, I feel that she has acted unethically. Yet, even Yale seems unconcerned with the years of Trump declarations as opposed to this one directed at Dershowitz. Similarly, many who have joined calls for delicensings in the media are currently in not-so-righteous silent.
MARC ELIAS
Among the loudest voices calling for disbarments has been former Clinton lawyer (and Perkins Coie spouse ) Marc Elias who called for disbarments for”doing and saying so many items to endanger our democracy” The irony has not been lost on many because, following inauguration, Elias fought to not just undue elections but has made a new set to establish election challenges and litigation. …

“Enticing The Crowd With Music”: Miami Police Charge Rapper With Rioting Offenses

There was rioting in Miami Beach within the previous week as spring breakers vandalized property, blocked roads, and assaulted police. At least five officers were injured. One of the charged was Javon Washington, 30, confronts an array of charges as a consequence of his role in enjoying music and supporting defiance of law enforcement. I have serious reservations about some of these charges, including resisting arrest without violence (that I’ve criticized in the past as dangerously ill-defined as a criminal provision).      On the second night of the 8 pm curfew, authorities faced countless folks partying in the street in South Beach. There were definitely legitimate arrests on that night as individuals destroyed property and attacked police.      But, Washington’s charges appeared based on his playing audio in the spectacle. The charging papers say that he had been”observed playing music by a speaker, so enticing those around to engage in unruly behavior.” He’s accused of”enticing people to mess vehicles” and”causing subjects to make obscene gestures toward officers and taunt officers.”      There appears ample evidence that he had been violating the peace, and violating the noise ordinance. Washington used what is described as a $20 speaker to operate up the crowd and to withstand authorities.      There may also be evident proof of violating the curfew, but the corner of the episode is arguably outside of the curfew area. But, I’m more concerned two of those charges resisting arrest with violence and inciting a riot.      I Won’t repeat my previous objections to the crime of resisting arrest without violence but it is written to allow slight movement to allow for a criminal complaint.      Here is the supply:

843.02 Resisting officer without violence to his or her person.

Resisting or opposing without violence is remarkably vague and permits for prosecutors to stack on extra charges (which add strain for defendants to accept plea agreements). What makes resisting can allegedly be as small as tensing a arm or moving because restraints are being applied.  That creates a dangerously liquid and subjective basis for criminal complaint, even a misdemeanor.
The most serious complaint is that the third-degree felony which may lead to up to five years . Still, the authorities charges refer ambiguously to”officers observed that the defendant enticing the crowd with audio from speakers.”
Enticing with songs?  That seems a pretty dangerous foundation for a serious criminal offense of rioting.  Washington made this point, however he appeared to confess to breaking curfew in a interview where he announced”I’m sorry for breaking curfew. I didn’t begin no riot. In the endI feel as though someone had to get in trouble and because I had the speaker along with also the huge issues were gonethey locked me up.”
I need to concur with Washington on the grounds of their riot charges. If the authorities have proof of Washington’s rioting, they ought to make this proof. Playing music surely can breach the serenity and gather a crowd. It’s not a component to the crime of rioting within my view.
Here are the provisions:


(1) All persons guilty of a affray shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(2) Many persons accountable for a riot, or of inciting or encouraging a riot, will be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

–If three or more persons meet with each other to commit a violation of the peace, or to do any other unlawful act, each of them will be guilty of a misdemeanor of the …

Democrats Ca N’t Affect The Background Or Hypocrisy Of The Filibuster

Below is my pillar on the continuing Democratic effort to eliminate the Senate filibuster. You will find good-faith disagreements against filibusters but there’s a new campaign to announce the rule as racist. Once again, many in the media are ignoring both the history and hypocrisy surrounding the filibuster, such as in the media conference a week by President Joe Biden. Biden wasn’t asked in several questions on the filibuster about his defense against a rule he now dismisses as a racist relic. In 2005 he stated:

The Senate shouldn’t behave rashly by changing its own rules to meet a strong-willed bulk acting at the heat of the second…Proponents of the’nuclear option’ argue that their proposal is simply the latest iteration of a growing trend towards majoritarianism in the Senate. God save us from this fate, if it is true…Adopting the’nuclear option’ would change this fundamental understanding and unbroken practice of what the Senate is about. Senators would begin thinking about changing other principles if they “inconvenient” …Altering Senate rules to help in a political fight or another might become standard operating procedure, which, in my opinion, would be catastrophic.”

Here is the pillar:
In such instances, it is a virtual mantra on Capitol Hill that the filibuster has the same meaning as racism and people supporting it are presumptively racist. That point was noted by cable news server Al Sharpton, who threatened to denounce members as bisexual if they encourage the rule. The only thing more dramatic than such historical revisionism is that the political revisionism underlying this new federal campaign.
The filibuster is more a”relic” of the Julius Caesar age than the Jim Crow era. In early Rome, the filibuster was used to induce the Senate to listen to dissenting voices, including an opposition of Cato the Younger into Julius Caesar returning to Rome. The basis for the filibuster now can be traced to a debate by former Vice President Aaron Burr which led to a change at the early 1800s. The minority has used versions of the rule to obstruct or induce consensus on controversial legislation, which range from war actions to oil mandates. It wasn’t created in the Jim Crow era.
But Biden is correct that a number of the most abusive uses of the filibuster was by segregationists in the 1950s, as evidenced by Strom Thurmond, a South Carolina Democrat, who set the record with filibustering the Civil Rights Act for over 24 hours.
The filibuster was created as a defense for the minority at what is frequently known as”greatest deliberative body” It isn’t inherently racist. If this were the situation, each vast majority rule would be displaced because most of our racist legislation was passed by majority votes, including invoices that encouraged slavery or target minority groups.
They did not argue the rule was that the embodiment of racism but instead that the center of the Senate. As Senate majority leader, Schumer decries the identical filibuster as the rule invented by segregationists.
Other Democrats denounced previous moves to finish the rule as ruining any hopes for political consensus. Barack Obama denounced the principle as a racist device back when he was a member at the Senate and convicted its elimination as an obvious effort to set up celebration control by shifting”the principles in the center of the game so they can make all of the decisions while another party is told to sit down and keep quiet.” He also added,”If the majority chooses to end the filibuster and should they decide to modify the rules and put an end to democratic argument, then the fighting …

Turkey Prosecutes French Journalists For Cartoon Mocking Erdogan

In 2015, I composed a Washington Post column criticizing the entire world leaders who dared to get free speech and the free press after the massacre of editors with from the satirical weekly Charlie Hebdo, particularly the vehemently anti-free address and anti-free media president of Turkey Recep Tavyip Erdogan. The editors were killed because the magazine published a cartoon of Mohammad. Seeing the authoritarian Erdogan at the front of the march was the greatest mocking of these deaths and proof that world leaders cared for those rights and also the 12 dead. Not only did Erdogan’s authorities follow the march by prosecuting a cartoonist, but it is looking extended prison sentences for four Hebdo journalists for a cartoon mocking Erdogan.

Erdogan’s authoritarian impulse is only matched by his vanity and sensitivity to criticism.  In this case, Hebdo published a cartoon last year depicting Erdogan looking a woman’s skirt whilst drinking beer into his panties and saying”Ooh, the Prophet.” His administration is currently seeking four decades sentences.
The four journalists have been identified as cartoonist Alice Petit and three managers of the famous magazine — Gerard Biard, Julien Serignac and Laurent Sourisseau. They’re charged with the offense of publishing an image that is”rough, disgusting and insulting.” Such publications, even cartoons, are exceptions for free speech or the free media by Erdogan’s government — an exclusion that obviously swallows both rights.
We have followed the fast destruction of the royal authorities and civil liberties in Turkey under the authoritarian rule of Turkish President Recep Tayyip Erdogan. Erdogan employed a unsuccessful coup to drive his attempt to create a de facto Muslim regime and also to finish his job at devoting his critics, such as forcing the resignation of tens of thousands of royal academics, and suspending all civil liberties at a proclaimed state of crisis.
While he has been adopted as an ally, Erdogan opposes the heart rights that define the nation. Unfortunately, since the 2015 massacre, many in america have move nearer to Erdogan’s perspective of free speech and the free media in calling for increased censorship and address regulation. Truly, leading professors possess the integrity recently to declare that they believe “China is appropriate” about censorship.
This prosecution is the genuine face of not only Erdogan but the growing movement against free speech.

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Weekend Photos: Concordant or Discordant Coastline? You Decide.

From Darren Smith, Weekend Contributor

Because I really could I made a decision to go for a short drive and spend a few days off; so good an excuse as any for a few photos.
Click upon each to enlarge
Nature is. Probably that’s the most bizarre and most succinctly applicable sentence I could clarify this miracle and serene joy rewarding my life. Nevertheless as for your hobby of photography, the Nature ultimately controls the subject matter. She presented with a challenging day in securing only a few good shots, of particular challenge were people showing the staircase vicinity in which it had been frightfully cold and with horizontal, ice crystal peppered rain wracking within highway-speed wind gusts.
AdmittedlyI had to dig a bit with the postproduction software to coax out some luminosity from steely-gray RAW pictures. (Including the rather”cheap shot” Color Saturation instrument ) Instead, though I only wield a casual command of the artwork and exchange of photography, experiences like these marshal me to completely take to heart the thought that photography is a form of speech–in the sense that one can utilizing post-production camera and software configuration in conducting significance to the beholder in exactly the same manner in which language confers significance in the reader. One case is communicating starkness and foreboding of a topic by raising contrast, eliminating warm colors, bleaching the skies and over sharpening. Or in the case of a previous post, making a tribute perhaps to some excellent scientist during the wicked use of colour. (Watch”Cherenkov’s Fantasy” in the link).  But unto the photographs…

Astounding was the contrast between what the picture above shows and also the experience suffered from the camera, and also the disparity between the shore and beyond the seas above. In the tempestuous waterline we have been strafed with ice-like pellets. Where they came from who knows. Perhaps it was the layout of the cliffs which made some kind of Venturi impact that dropped that the ambient temperature to ghastly levels with the wind chill. It did require some attempt to extricate ourselves out of that freezeup the stairs, and on to the surface where it had been unbelievably warmer. Ironically it was somewhat exhilarating, but deserving of a powerful”no thank you” if Nature ever attempt to tempt me into that again.

Having later declared a core body temperature at the two digit, positive range I came across this curious animal. Constructed of flotsam presumably gathered from nearby beaches, this resolute appearing plastic puffin presents a different Duality of Individual contradiction: A enchanting creation of someone through artwork…born of the contamination carelessly and conveniently jettisoned by humanity. I presume that the art can function, if we permit ourselves to accept itas a benign foretelling of this spawning of the oddest kind of phoenix that could detract from your ash pile, if we relegate our presently hospitable environment into chaos. Whichever path may be of our own choosing, however the result will be forced upon us.

And back to a routine governmental program. Nature would laugh , but it will not. It can’t, therefore it does not. And therein becomes the serenity. We can select concordance with character or the discord of Washington. As for the coast, to be Concordant or even Discordant? Well, that has been under the purview of geology millions of years before we got involved. It appeared to have got along quite well on its own.
Images (C) Darren Smith 2021
The opinions expressed in this post are the author’s alone and not the ones of this site, the host, or other weekend bloggers. As …

Media Misinformation or Protection? Pro-Biden Media Figures Clash Over Pressing Biden On Immigration Surge

From the very first White House press conference held by President Joe  Biden, many noticed that the second question was granted to”PBS NewsHour” correspondent Yamiche Alcindor that has been previously criticized for breathtaking reports of Biden and what she called”the heros” of his cabinet. Alcindor raised the dilemma of the crisis at the boundary with a massive increase in unaccompanied minors. However, she framed her question as to whether Biden can solve the”tension” of having folks come to the United States because he is such a”moral” and”respectable” person. 1 critic however objected that the question was unfair to Biden and according to disinformation. This course was Jennifer Rubin, that has been repeatedly criticized because of fictitious postings from congressional hearings to court decisions to even Shakespeare. She even once attacked me  for a concept I didn’t agree with at a column I didn’t write. 

Biden was contested for his statistical claims as well as NBC News discovered that he was incorrect.
Alcindor prefaced her question by giving Biden’s stated defense and then emphasizing the appeal of the moral character as the Reason parents are”trusting” him along with their kids:

“You’ve mentioned over and over again which immigrants shouldn’t come to the nation right now… This message is not being received/ Instead, the understanding of you who got you elected — because a moral, good guy — is why a lot of immigrants are now coming into the nation and are trusting you with unaccompanied minors. How can you resolve that anxiety and just how are you picking which households can remain and which ones can go… and is there a timeline for if we will not be seeing these overcrowded facilities operate by CBP when it has to do with unaccompanied minors?”

For critics, the question (and gentle treatment of Biden by the press ) was a continuation of the cushion of protection provided by the media. Indeed, prior to the press conference, both Post media columnist Margaret Sullivan and Rubin openly discouraged strangers from being overly tough on Biden in the press conference.
Even Alcindor’s fawning, convoluted question was a lot for Rubin who whined that”Yamiche gets the announcement unproven that his words put off the surge. That is factually erroneous.”  The issue for Rubin is that Alcindor made any link at all between Biden and also the explosion.  Rubin apparently believes that the media should have refused to make such a link — unless it was to declare that such connections are factually erroneous.
That directed Alcindor to fire that Rubin was dismissing widespread reporting that households are coming due to Biden:”Maybe you have not interviewed migrants & requested this Q, but reporting bears out what I mentioned, which is that some migrants are coming because of the understanding that Pres[ident] Biden is more humane & is allowing unaccompanied minors to remain. So unfortunately, you are factually erroneous.” (In addition, many immigrants are wearing teeshirt using Biden’s name on it along with also the Mexican President also stated that Biden is the draw for its explosion ).
My interest in the squabble is the way that it catches the apparently endless flexibility of the conditions”misinformation” and”disinformation.” Rubin considers that Alcindor was dispersing false informationthat the basis for calls for increased censorship online.  She fired the Alcindor needs to read the information:”Maybe you have not interviewed migrants & requested this Q, however reporting conveys what I mentioned, which is that a few migrants are coming because of the understanding that Pres[ident] Biden is more humane & is permitting unaccompanied minors to remain. So unfortunately, you are factually erroneous.”
The …

Circling The Firing Squad? Pro-Biden Media Statistics Clash Over Pressing Biden On Immigration Surge

Alcindor raised the issue of the crisis at the border with a enormous increase in unaccompanied minors. But she framed her question as to whether Biden can solve the”tension” of getting folks come to the usa since he’s such a”moral” and”decent” person. One critic however objected that the issue was unjust to Biden and based on disinformation. That of course was Jennifer Rubin, that has been repeatedly criticized for fictitious postings against congressional hearings to courtroom decisions to even Shakespeare. She even once assaulted me  for a theory which I didn’t agree with at a column which I didn’t write. 
Biden was contested for his statistical claims as well as NBC News found that he was wrong.
Alcindor prefaced her issue by giving Biden’s stated defense and then highlighting the appeal of this moral character as the Reason parents are”trusting” him with their children:

“You have mentioned over and over again which immigrants shouldn’t come to this country right now… That message isn’t being received/ Rather, the understanding of you that got you chosen — just as a moral, decent guy — is the reason a lot of immigrants are still coming to this country and so are trusting with unaccompanied minors. How can you resolve that anxiety and just how are you picking which households can stay and which ones may proceed… and is there a deadline for when we will not be visiting these overcrowded facilities operate by CBP once it has to do with unaccompanied minors?”

For critics, the issue (and gentle treatment of Biden by the media) was a continuation of the cushion of protection offered by the media. Indeed, both Post media columnist Margaret Sullivan and Rubin openly frees reporters from being too tough on Biden in the media conference.
Much Alcindor’s fawning, convoluted query was too much for Rubin who whined that”Yamiche gets the announcement unproven that his words set the spike off. This is factually erroneous.”  The difficulty for Rubin is that Alcindor created any link at all between Biden and the surge.  Rubin apparently believes that the media should have refused to make any such link — unless it was to announce that such connections are factually erroneous.
That directed Alcindor to fire back that Rubin was dismissing widespread reporting that households are coming due to Biden:”Maybe you have not interviewed migrants & requested them this Q, but coverage bears out what I said, that is that some migrants are coming because of the understanding that Pres[ident] Biden is much more humanist & is enabling unaccompanied minors to stay. So sadly, you’re factually erroneous.” (Additionally, many immigrants are still wearing teeshirt using Biden’s name on it and the Mexican President also said that Biden is the attraction for its surge).
My interest in the squabble is the way it catches the apparently infinite flexibility of the terms”misinformation” and”disinformation.” Rubin believes that Alcindor was dispersing false information, the foundation for calls for greater censorship online.  She fired back the Alcindor should read the news:”Maybe you have not interviewed migrants & requested them this Q, but reporting conveys what I said, which is that a few migrants are coming because of the understanding that Pres[ident] Biden is much more humanist & is enabling unaccompanied minors to stay. So sadly, you’re factually erroneous.”
The latest hearing followed exactly the exact identical pattern, as was evident in the previous hearing in which I testified.Prior hearings have shown that censorship is currently a touchstone for Democratic politicians. That was evident in the Senate hearing using the Big Tech CEOs. Instead of addressing the dangers of such censoring …

Former BSU Professor Arrested For Defacing Lincoln Statue With Feces And Paint

We’ve been discussing campaigns against Lincoln figurines as well as the destruction of such statues.  The most recent example is based in Boise, Idaho in which the former Boise State University adjunct professor Terry Wilson, 37, has been arrested for defacing a Lincoln statue. He has served as a spokesperson for Dark Lives Matter in Boise. Both the BLM and Antifa bands were allegedly involved with the defacing of the statue.
While it’s uncommon for professors to participate in such harmful protests, other professors have affirmed such criminal acts including Professor Sarah Parchak at the University of Alabama who supplied instructions on the best way to decode such monuments. As we’ve previously discussed, one professor called for more Trump fans to be killed.  Another called for strangling authorities. Rhode Island Professor Erik Loomis, who writes to the website Lawyers, Guns, and Money, said he saw”nothing wrong” with all the murdering of a traditional protester — a view defended by other professors.

Wilson was identified by law enforcement through”both physical and electronic signs.” When they approached Wilson having the arrest warrant, he allegedly fled but was captured.  The report says that he was”found to be in possession of a firearm, marijuana and drug paraphernalia.”
Until December, Wilson worked as an adjunct professor at BSU. A graduated of BSU’s School of Public Service, he  educated University Foundations general education courses at Boise State. In addition, he claimed a Twitter accounts Exegesis Joe that advocated to defunding the authorities and other causes.
I have disagreed with the effort to eliminate Lincoln statues.  But, we can have civil and productive discussions relating to this history. That sort of enthusiastic and educated debate is what defines our schools and universities as educational institutions.  Because of this, it’s very distressing to see former or current professors supporting these destructive protests.
For Wilson, he is currently looking at an array of charges. Ordinarilya defense attorney would be looking for a plea deal to drop the medication counts in favor on a one or two count plea. It is not clear if Wilson would accept such a plea that ordinarily involves a state apology and acceptance of responsibility. Wilson’s Twitter account shows someone with lengthy stated and deeply seated perspectives that may make this type of public statement harder for defense counsel to procure. It is likely to reach a deal without such an entry, but it might decrease the disposition of the court to sentence the customer within the suggested range of the plea.
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“Tomorrow It Can Be Someone Else”: Bernie Sanders Comes Out Against Trump Twitter Ban

Sen Bernie Sanders (I., Vt.) came against the Twitter prohibit of former president Donald Trump yesterday.  Sanders expressed his discomfort with the role of Big Tech in censorship perspectives, a sharp departure from his coworkers who have demanded more such corporate censorship. In a meeting Tuesday with New York Times columnist Ezra Klein,” Sanders said that he didn’t feel”especially comfortable” using the ban regardless of his opinion that Trump is”a racist, sexist, xenophobe, pathological liar, an aide… a bad news man.” He said”if you are asking me do I really feel especially comfortable the then president of these usa couldn’t express his own views on Twitter? I really don’t feel comfortable about that.”
I’d hope that Sanders would have exactly the same perspective of a non-sitting president or a normal citizen. They should be able to talk freely. Sanders doesn’t go up to that”Internet originalist” situation, but he at least is recognizing the danger of these censorship. He explained that”we have to be considering, because if anyone who thinks yesterday it was Donald Trump who was prohibited and tomorrow it could be somebody else who has quite a distinct perspective.” He said that it’s a danger to really have a”number of high tech people” controlling speech in the us.
I’ve long praised Sanders for his principled spin on many issues and this dissenting opinion is most welcomed by those in the free language community. It’s in sharp contrast with his coworkers who celebrated the ban and called for more censorship.
As we have discussed, Democrats have abandoned long-held free language worth in favor of business censorship. They clearly has a different”comfort zone” compared to Sanders.  What disturbs many Democratic members will be the capability of people to talk freely on those platforms and spread what they see as”disinformation.”
After Twitter’s CEO Jack Dorsey came back before the Senate to plead for blocking the Hunter Biden narrative before the election as a error, senators pushed him along with other Large Tech executive for more censorship.
In that hearing, members like Sen. Mazie Hirono (D., HI) pushed witnesses like Mark Zuckerberg and also Jack Dorsey for assurance that Trump would stay barred from talking on their programs:”What are the two of you ready to do about Donald Trump’s use of your programs after he quits being president, would be still be deemed newsworthy and will he be able to use your platforms spread misinformation?”
Rather than addressing the hazards of such censoring of news accounts, Senator Chris Coons pushed Dorsey to enlarge the categories of censored material to prevent people from sharing any perspectives he believes”climate denialism.” Similarly, Senator Richard Blumenthal seemed to take precisely the opposite meaning from Twitter, confessing it was wrong to censor the Biden narrative. Blumenthal stated he was”concerned that both your companies are, in fact, backsliding or retrenching, which you are neglecting to take actions against dangerous disinformation.” Accordingly, he demanded an Reply to This question:
“Will you devote to exactly the same kind of strong content alteration playbook in this coming election, including fact checking, tagging, reducing the spread of misinformation, along with other steps, for politicians from the runoff elections ahead?”
“Robust content alteration” has a certain appeal, such as, for instance, a kind of software upgrade. It’s not content alteration. It’s censorship. Really, leading professors had the integrity recently to declare that they consider “China is appropriate” about censorship.
Sanders clearly doesn’t believe”China was right,” as least as it applies to your sitting president. Hopefully, Sanders will continue to speak out on free speech and also expand on this principled stand to oppose the …

Strikeout at The Boilerplate: Court Rules For Fan Contesting Fine Print On Baseball Ticket

Within my torts classwe discuss sports torts and defenses. Among these problems is the frequent inclusion of waivers and binding mediation language on the rear of tickets at microscopic type. That issue came up in a intriguing case involving the Chicago Cubs. (For full disclosure, I am a life Cubs fan and personally secured their last World Series win). Last week, a three-justice manager of the Illinois First District Appellate Court in Chicago ruled against MLB and the Cubs in trying to enforce the boilerplate language on mediation published on the rear of baseball tickets.  The Cubs have not been so shocked since Steve Bartman achieved and grappling with Cubs outfielder Moises Alou grabbing the ball with all the Florida Marlins in 2003.

Zuniga was struck in the face with a foul ball at Wrigley in 2018. We’ve discussed such cases and rulings on the standard MLB defenses.  She was eating a sandwich at the time and didn’t find the ball that left her with face fractures (and four days in the hospital).
Zuniga used a paper ticket that her father won in a workplace raffle. Once she sued, MLB and the Cubs argued that she had no lawful right to sue. MLB cited the very small print on the rear of the ticket that states”baseballs might be struck into the stands, so that audiences should stay alert, which the Cubs along with other things wouldn’t be liable for resulting injuries.”
The language also states that any disputes over legal claims against MLB or the Cubs that originate from their attendance at Wrigley Field”will be resolved by binding arbitration… in Chicago, Illinois.”
But, Cook County Circuit Judge Kathy Flanagan dominated Zuniga and maintained that the provisions and conditions included with the ticket have been”unconscionable.”
Now the Appellate court has agreed. But, Smith balked at implementing this provision:

It does not seem the ticket itself or other surrounding conditions were enough to bring this on the plaintiff’s attention. We also wonder how far in advance of attending a match that a person can reasonably be billed with the need to read the terms and conditions to the back of a baseball ticket, and we think MLB along with the Cubs overstate the sensible opportunity a individual must read the complete arbitration provision on a mobile phone once he or she’s inside the commotion of inputting Wrigley Field and recognizes the need to achieve that. Furthermore, given that the Cubs omitted from the ticket some info a individual has the right to opt out of mediation in seven weeks, this could seem to be a short time for a individual with injuries as severe as those endured by the plaintiff to have a meaningful opportunity after the match to understand of this right to opt out of mediation and take the actions necessary to achieve that.

This choice doesn’t deal with the fact that most tickets used today are electronic or electronic — adding further issues of comprehension and notice for fans.  Few men and women think that fans read or understand what functions like an adhesion contract free of input or bargaining electricity from fans. The MLB orders these waivers and onerous mediation conditions to guard itself from lawsuits.
This view could materially alter that unequal bargaining position. But, there is a concern that, despite increased disclosure, enthusiasts will have little input or rights in such disputes. Notably, the court acknowledged that such binding language is enforceable. The only problem was that”variables exist in this case that make the mediation provision difficult or hard to discover or obtain at the time …

Michigan AG Nessel Unleashes Political Diatribe Against Defiant Restaurant Owner

She is now in a different controversy between the arrest of restaurant owner Marlena Pavlos-Hackney. Fox Host Tucker Carlson has alleged that the owner has been detained due to her appearance on his show. Nessel can quickly point to a lengthy history of noncompliance to justify the arrest however, her announcement issued in reaction to the allegations isalso in my opinion, highly improper and reveals raw political prejudice.
Pavlos-Hackney became a national hero for a few in defying the Michigan health dictates and what followed were a collection of citations and contempt orders.
Those requests were enough to procure a bench warrant of arrest, however, the timing after her appearance on Tucker Carlson’s series led several to thing which Nessel had been retaliating against a federal critic.
Placing aside the retaliatory accusation, there’s considerable reason to condemn Nessel’s answer to the criticism. Here is the announcement:

Marlena Pavlos-Hackney had countless opportunities to comply with even the most basic health and safety protocols to secure her community by the spread of Covid. She defied her local health department and the court at every turn, instead opting to taunt caregivers, law enforcement and the courts at every turn- moving on Tucker Carlson and establishing a lucrative Go Fund Me accounts rather than making even the smallest effort to safeguard her clients, her employees and community. She is no martyr without a hero. But should you cheered Donald Trump when he whined about the many ways he avoided military support while others complied with their legal obligations, it’s no wonder you revere this woman. Making personal sacrifice to the greater good of our nation and state was once considered commendable. Maybe not anymore.

My objections to the announcement are two-fold.  To begin with,  Nessel goes out of her way to taunt Pavlos-Hackney and her fans. She also makes specific mention to her moving on the Tucker Carlson show. Given the free speech issues in such looks, the reference to a national series (where Nessel was criticized) reveals, at minimum, horrible judgment by Nessel. This is particularly concerning given Nessel prior threats against people who raised electoral fraud claims.
Second, Nessel employs the announcement to affirm raw political prejudice from striking from Trump and his or her supporters.  She mockingly notes”when you cheered Donald Trump when he whined about the many ways he avoided military support while others complied with their legal obligations, it’s no wonder you revere this woman.”  Ironically, it is the sort of gratuitous attack that a lot of us criticized Trump for utilizing against political rivals. Nonetheless, this is actually the Michigan Attorney General engaging in petty discriminated against Republican critics.
The whole announcement reads like a political screed rather than a prosecutorial announcement. It’s both unprofessional and unwarranted in fixing the arrest of a taxpayer. What is bizarre is that almost all officials in such a controversy would strive to maintain a totally lawfully objective and politically neutral place. Nessel might have abandoned the matter by detailing the history of noncompliance as sufficient justification for the arrest. Nessel did precisely the opposite to pander to a political base.  She appears to fight to fulfill every stereotype of a biased political operative training criminal enforcement authority.
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“The Defendants Could Pick Their Poison”: Christian Group Scores Important Legal Victory Against University of Iowa

A Christian group in the University of Iowa scored a major win this week Ahead of the United States Court of Appeals for the Eighth Circuit. 

In an opinion (under ) with sweeping possible effect, the court reversed District Court judge Stephanie Rose and mastered that University of Iowa officials can be held personally liable for targeting a Christian club and denying the rights of free speech and association. The University finally didn’t appeal findings that it violated the rights of the religious group and all these students in its discriminatory use of university policies.
At issue is the disparate treatment shown a religious group, Company Leaders in Christ or BLinC. The University of Iowa registers student organizations under its”Registration of Student Organizations” (RSO) policy. The coverage requires compliance with national, state, and college rules. That doesn’t include an”all-comers” rule (mandating acceptance of any and all interested pupils ) but does include the University’s Human Rights Policy. That policy says, in relevant part:

The University of Iowa brings together in common pursuit of its instructional aims persons of many countries, races, and creeds. The University is guided by the precepts which in no aspect of its programs shall there are gaps between the treatment of persons due to race, creed, color, religion, national origin, age, sex, pregnancy, and disability, genetic information, status as a U.S. veteran, service in the U.S. army, sexual orientation, gender identity, associational tastes, or some other classification that deprives the person of consideration as a person, and equal opportunity and access to facilities shall be available for all.

In Addition, it Comprises a nondiscrimination clause:

Membership and participation in the business must be open to all students without regard to race, creed, color, religion, national origin, age, sex, pregnancy, and disability, genetic information, status as a U.S. veteran, service in the U.S. army, sexual orientation, gender equality, associational tastes, or some other classification that deprives the person of consideration as a person.

However, this clause was implemented differently depending upon the group. The Eighth Circuit noted that at least six RSOs expressly limit access to leadership or membership based on race, creed, color, religion, sex, and other characteristics which the Human Rights Policy protects. This includes Love Works that requires leaders to signal a”gay-affirming statement of Christian faith.”  Likewise, the House of Lorde retains membership”interview[s]” to keep”a space for Black Queer people and/or the support ” and also the Chinese Students and Scholars Association limits membership to”enrolled Chinese Students and Scholars.”
As it registered as an RSO, BLinC declared that it”was founded as a religious organization to help’seekers of Christ’ learn’the way to keep Christ first in the fast paced business world. ”’ BLinC’s officials lead their associates in prayer and Bible discussion. Consequently, the group leaders display prospective officers”to make certain they agree with and may represent the group’s religious beliefs.”
In March 2016, Marcus Miller, a BLinC manhood, requested the then group president about getting an officer for another school year. In later talks, Miller revealed he was gay and, as stated by the courtroom,”informed Thompson that he had been fighting with the Bible’s instructions on this subject” After internal debate, the group decided that Miller should not lead the group as an officer in religious talks due to a fundamental disagreement with their beliefs.

Meetings were held with University Compliance Coordinator Constance Shriver Cervantes and then-Associate Dean of Students Thomas Baker. Cervantes set forward a distinction in rejecting the group’s claim that it was blocking Miller because of his resistance to the group’s religious beliefs:

This included discussion of the”gap between discriminating on …

Self-Cancellation: CUNY Law Dean Resigns And Seeks Counseling After Allergic Into Herself As A”Slaveholder”

CUNY Law Dean Mary Lu Bilek is back at the news in what people are calling for a case of”self-cancellation.” After referring to himself as a”slaveholder” at a faculty meeting, Bilek declared her premature retirement in response to what she predicted momentary but severe lapse of judgment this past year. We previously discussed Bilek’s troubling view of free speech after conservative law professor Josh Blackman has been stopped from speaking about”the importance of free speech”  Bilek insisted that interrupting the address on free speech has been free speech. She has now effectively ended her own speech, at least since the Dean of CUNY. She has also sent herself counseling to overcome her”biases.”
Last October, Bilek also made headlines when she insisted that a law student threatening to decide on a man’s Israeli Defense Forces sweatshirt on fire was only”expressing her opinion”  The student was accused of not just making the danger but holding a lit lighter. Critics asked whether Bilek would have taken the identical view with a sweater for different groups or causes.
Dean Bilek sent an email into the CUNY community declaring she’d be quitting her job after the November incident. She clarified that she referred to himself as a”slaveholder” at a discussion of a proposition that some believed would have a disparate impact on racial minorities. There is not any transcript of this assembly or verbatim quote provided in the correspondence or policy. Bilek wrote:

“In a misguided effort to draw an analogy into some version of reparations so as to place blame on myself, since Dean, for racial inequities at our college, I thoughtlessly referred to myself because the’slaveholder’ that must be held accountable. I realized it was wrong the minute I heard myself and couldn’t believe the term had come out of my mouth”
…I’m still shocked at what I said and have begun education and counseling to uncover and overcome my biases and further understand the history and consequences of systemic and institutional racism.”

She decided to take premature retirement”because the work it would take to fix the trust required to lead the Law School is a burden that I don’t need to inflict on the faculty or the area.” It is not clear why Bilek waited for almost four weeks to declare her own self-cancellation for a statement she immediately regretted at the meeting. She had already stated an intention to resign in June. So this move happened close to her scheduled date for retirement.
It is also not evident why Bilek felt an apology would not be enough since she was using the term for self-criticism in dealing with what she viewed as inequities at the college for minority professors.  Bilek is sending out a message that aim is insignificant and an apology is inadequate when covering an accidental crime in the usage of a phrase in a faculty meeting.
As we recently mentioned, there is an increasingly common position that aim no longer matters if the usage of phrases are deemed offensive, even when employed as the foundation for conclusion. Lately, a New York Times editor has been fired for its usage of the”n word” although it was agreed that he was using it in response to some question and not as a intended slur. Does objective not thing, any utterance is possibly a one-strike crime.  Times Executive Editor Dean Baquet and Managing Editor Joe Kahn announced in a memo that”we don’t tolerate racist language regardless of intent.”
Similarly, we have discussed professors investigated for utilizing the”n-word” in classes for purely pedagogical factors. Lately, college are targeted with the term as …

USD Law Professor Under Investigation For Column Criticizing Chinese Government

From the column, Smith refers to accepting”a lot of c**k swaddle.” That resulted in a campaign to get Smith fired and also a statement from Dean Robert Schapiro not just announced a  formal investigation but seemed to denounce Smith.  It shows the identical blend of student cancelling campaigns as well as the empowering activities of school administrators.
He’s also somebody who writes from the public forum as a writer and columnist.
In his Right Coast column, Smith stated”If you believe that the coronavirus did not escape from the laboratory in Wuhan, you have to at least consider that you are an idiot who’s consuming whole a lot of Chinese c**k swaddle.”  It is clear a reference not to the Chinese public although the Chinese government. Many folks today agree the text of this column clearly shows that Smith was criticizing the regime. But Smith later added that caution to his column in an article script:”UPDATE:  It appears that some folks are interpreting my reference to”Chinese [c**k] swaddle,” in regards to an ethnic category.  That is a misinterpretation.  To be more clear, I was referring to the Chinese government.”
That wasn’t sufficient, however.  After sending a letter demanding an apology, the faculty’s Asian Pacific American Law Student Association filed a formal complaint along with the Student Bar Association.  APALSA also sent a list of demands including the shooting of Smith or reassuring”that Professor Smith not be permitted to instruct 1L students because they do not have the choice of picking and choosing their courses. We’d need this to use INDEFINITELY.”
When faced with the fact that Smith wasn’t intending to insult Chinese individuals generally, the pupils insisted that intent no longer matters in these controversies and Smith nevertheless had to be fired.  First-year student Benjamin Cope is quoted as saying”Maybe it wasn’t his purpose, but he chose really, very specific, unique, vibrant language. I understand everybody will have their own opinion, but as somebody who will and has been influenced by people’s words like this, I’m comfortable saying it was displaced, it was gruesome.”
As Eugene Volokh properly pointed out,  the California Labor Code shields”political actions” employees and the California Supreme Court ruled in Gay Law Students Ass’n v. Pac. Tel. & Tel. (1979) that”political activities” comprises not just electioneering but additionally”espousal of… a cause.”
An individual could have expected that the Dean could have stood firmly with free language and mentioned that the reference had been a criticism of the Chinese regime rather than the Chinese men and women. He advised the law faculty:

While the blog is not hosted by the University of San Diego, these forms of bias, where they occur, have an adverse impact on our community.
We’ve received formal complaints concerning the faculty member’s conduct, and according to university procedures, there’ll be a process to review whether university or law school policies have been violated.

We previously discussed these investigations generate a chilling effect on language when administrators show modest support for free speech. I understand the need to consider any formal criticism. However, Schapiro appeared to pre-judge that the allegations by referring to”these forms of bias” and adding that”it’s particularly about if the disparaging language comes from a member of our community” As mentioned in the new Smith College controversy, these statements shield deans and presidents from almost any criticism at the price of the accused — and more typically free speech values.
The announcement led a few college to compose Schapiro in protest:

Dear Robert,
We’ve read your email into the law school community as well as your email to one people. Here is …

Warren’s Wealth Tax: How A New Bill Would Convert The Tax Code Into A Canned Hunt

Below is my pillar at the Hill on debut of Elizabeth Warren’s wealth tax.  The bill contains two notable addition: a massive increase in the magnitude of the IRS and what I call a”captivity tax” to attempt to maintain the wealthy from tripping. The odds are that Democratic government will see a number of the very same troubles with this particular bill, but the danger is that such legislation is going to be tricky to oppose owing to its general appeal. Moreover, there is a lack of seriously about the practical issues encompassing a”wealth taxation .” Such facts are lost as Warren pledges to take care of the”Rembrandts… diamonds and… yachts”  of the wealthy.
Here’s the pillar:
For those purveyors of identity , there is no surer bet than leading the masses against the”super rich.” Since philosopher Jean Jacques Rousseau talked of”eating the rich” before the beginning of the Reign of Terror, politicians also have had an insatiable appetite for warfare politics.
Within her”wealth tax” legislation, Senator Elizabeth Warren insists she’s only nibbling on the rich but still can grab $3 trillion over the next decade, a figure contested even by a Biden administration economist. Unsurprisingly, it is wildly popular outside of super rich circles. It also is arguably unconstitutional and manifestly impractical. However , in Washington, poor policy often makes for great politics.
Warren would impose a 2 percent annual tax on the net worth of households and earnings over $50 million plus a 1 percent surtax online worth of these over $1 billion. She’s only one politician pledging to loosen the wealthy.  Some state legislators have proposed their own versions. The distinction between the national and state proposals would be that express language of the Constitution would seem to depart a wealth tax. Article One enables Congress to”lay and collect taxes, duties, imposts and excises.” However, it demands that these”be uniform throughout the USA.” The next section says”no capitation or other direct tax shall be laid, unless in proportion to the census or enumeration herein before directed to be taken.”
A wealth tax would be a”direct tax.” Hamilton agreed with Madison that a direct tax may be a tax”on the whole property of individuals or on their whole real or personal estate.”
You will find great faith arguments that a wealth tax would be inherent, and you’ll find cases on both sides of that issue. Estate taxation and other kinds of taxation may be mentioned to dispute the bright-line significance of those terms. However, the issue doesn’t finish with Article One.
Putting aside the dubious constitutionality of Warren’s tax, you will find even increased practicality problems. Valuing riches from property to luxury items would take a large increase in the Internal Revenue Service along with a massive growth in reporting responsibilities. Warren seems to admit just how much a bureaucratic growth is needed: The bill mandates a stunning $100 billion growth in IRS funding during the next ten decades.
Despite a large growth for 2021, the IRS annual budget is just over a tenth of the figure, at $11.92 billion. Warren also seeks to mandate a greater amount of annual audits with this particular engorged IRS to run: Each calendar year, one third of these covered would be authorised, on everything from cars to art. Such calculations would require setting not only their purchase price but their current market value.
Then there is the practical issue that billionaires are mobile — not fixed — tax sources. Put simply, they could leave. That’s what occurred in other nations pursuing a wealth tax, which discovered the law of such taxation …

“White Supremacist Thinking”: San Fran School Board Vice President Under Fire For Allegedly Anti-Asian Tweets

We discussed the contentious place of Alison Collins, Vice President of the San Francisco school boardin her effort against meritocracy and effort to close down the gifted programs at Lowell High School.  The Asian community was especially compared to Collins’ attempts since Asian students composed 29 percent of those students but 51 percent of the Lowell student body. Now Collins is under fire for previous tweets attacking Asians as boosting”that the’model minority’ BS” instead of using”white supremacist attempting to assimilate and’get ahead. ”’

These don’t appear recent tweets but their content is clearly insulting for any Asian American. The Yahoo News story comprised such tweets as accusing”several Asian American Ts, Ss, and Ps” — educators, students, and parents of encouraging”that the’model minority’ BS” instead of using”white supremacist attempting to assimilate and’get ahead. And statements how Asians are deluding themselves by not speaking out against former president Donald Trump:”Do not Asian Americans know they are on his list also?” Collins continued. “Do they think they won’t be deported? profiled? beaten? Being a real house n****r is still being a n****r. You’re still considered”the aid.”
While the use of the prior version of the”n word” has now led to calls to complete academics, I don’t feel that such objections are honest in the prior instances. Really, this controversy should not remove in the effort against meritocracy and the effort to get rid of programs for advanced or gifted students in the public school system. As I have previously mentioned, I been a supporter of public colleges.  These advanced programs are necessary to maintain a diverse, diverse, and vibrant school systems for towns such as San Francisco.
Race politics appears a focus on every level from the school system, even in the law of student elections. Likewisethe controversy in San Francisco follows yet another controversy in Los Angeles in which United Teachers Los Angeles (UTLA) Cecily Myart-Cruz has also criticized”Middle Eastern” kids in joining”white parents” in trying school re-openings.  The UTLA was criticized following Maryam Qudrat, a mom of Middle Eastern descent, was requested by the UTLA to spot her race after imagining the union’s opposition to reopening schools regardless of overwhelming science that it is safe. This effort to racially classify critics of these educators followed Myart-Cruz attacking critics by referring to their race:

“Some voices are being allowed to talk louder than many others. We must call out the intricacies supporting the mostly White wealthy parents driving the drive to get a hurried return. Their experience of this pandemic isn’t our students’ households’ experiences.”

The opinions of college board and teacher union officials clearly fuel racial tensions and divisions at at time once the public colleges are facing huge challenges. For Asian households (constituting approximately a third of the households in the San Fran school program ), the opinions of Collins are legitimately unsettling as they fight for the educational improvement of their children. It is precisely the reverse of what most people find in our public school programs as a synthesis of various races and cultures. While districts such as San Francisco prioritized renaming colleges at the middle of a pandemic (until recently being forced to suspend the attempt ), households only want to maintain an educational system with a focus on academic excellence and progress.
As I have previously mentioned, a lot of us still think in a diverse and flourishing public school system.  Growing up in Chicago during the enormous flight of white households from the public school system, I stayed in public schools because of much of my historical schooling. My parents organized a group to convince …

UNC Law Student Who Questioned Racial Truth Is Disqualified From Running To New Office

We discussed the event of University of North Carolina law pupil Sagar Sharma, a student of color, who faced a recall election as the first class co-president. The recall was based on Sharma stating that he did not look at an argument between two fellow students to be racist. Sharma ultimately prevailed in the recall struggle 74-60. Now there’s been an equally disturbing improvement. Sharma decided to operate 2L Class President but was disqualified on the basis that he”disparaged” a different candidate and conducted prematurely for the position under the election rules. The fees are connected to this former controversy and also raise serious free speech and retaliatory concerns in the law college. 
Sharma was targeted in UNC Law School because he wouldn’t agree that a recent exchange between law students involved a racial abuse. Two students were arguing over liberty and colonization. If you’re interested in a good cause, you can always travel to Cameroon and combat the colonizers there.”  The first student immediately cried and asked”Did you just let me go back to Africa?” That led to other pupil to clarify that he was simply responding to this point that there are still struggles happening against colonization:”What? Dude what are you saying? I’m saying that people discuss colonization like it we’re [sic] all culpable for good evil. My purpose is that in case you wish to resist colonization, you will find real civil wars occurring now between natives and colonizers (like in Cameroon).”
The first pupil refused to accept that interpretation and declared”Your purpose is racist.”  That led to a complaint to this law faculty at a letter and corresponding request demanding action from the law faculty.
Sharma became a goal when he said that he did not view the comment on Cameroon to be racist once read in the context of this dialogue. That led to the effort to recall him.
After fighting the recall. He apparently said his aims in an interview with the site Daily Wire.
In his electionSharma had been opposed by one of the organizers of this effort against him.  In this effort statement, Sharma noted that this pupil made a racially insensitive remark concerning him that he just wished to combine the”white boys team .” In his March 19th statement, Sharma made reference to this current controversy and said:

However, this same candidate has made about remarks concerning my intention to combine the”white boys team .” As an Indian-American, I’m proud of my lovely and lively heritage, and I would not ever give up my ethnicity to feel accepted by a different group of people.
Being a lawyer requires a certain level of decorum and professionalism within the institutional setting. There is not any room for both insults and anger. One has to be prepared and ready to hear diverse viewpoints and evaluate situations pragmatically. Being a leader of law students requires these same traits. I have done everything in my power to embody the principles this season, and that I will keep doing so as your 2L Class President.

Sharma was then advised that he had been subject to fees for breaking up the student government bylaws.  The charging note cited two sentences.  First is why SBA By-Law 11.2 qualified”Lie around or disparage another offender.” The next is SBA By-Law 11.3 eligible”Campaign prior to or after the campaign period.”  The student government then claims in a conclusory manner that Sharma had been found guilty on both charges and also disqualified. The letter however fails to address apparent defenses to the charges.
About By-Law 11.2,” Sharma posted the specific attack of the …

Condemnation or Commendation? GOP Moves To Strip Swalwell From Intel Committee However, The File Remains Sealed

The alleged settlement will force a vote (if only to table to resolution) and associates might have to go on listing to the scandal. Swalwell allegedly had a romantic relationship with a Chinese spy that raised money for him helped put individuals in his workplace. However, he has insisted that he didn’t reveal classified information and the FBI discovered no wrongdoing. Two dramatic narratives will emerge in the vote.  McCarthy insists the sealed file shows disqualifying conduct while Democrats have depicted Swalwell in more epic terms, such as one top Democrat actually stating that Swalwell deserves to get the Congressional Medal of Honor for its affair.  Putting aside the demo ineligibility of Swalwell on both a credible and technical foundation, the second question is why the file stays sealed in its own entirely since the Chinese and its spy already know what happened.  Does Swalwell. The only individuals in the dark are most voting members and, of course, the voters themselves.  The closed file raises a difficult question balancing the need for an informed vote for associates against the demand for privacy to get an accused person.

The two-page settlement states that Swalwell”has not denied public reporting a suspected Chinese intelligence operation helped raise money for Representative Swalwell’s political efforts” and also”other problematic elements of reporting.” 
This was an ironic period for Swalwell how was formerly denounced for denying fundamental due process to others in past investigations and affirmed the surveillance of the Trump campaign under the Obama Administration.
However the most curious element is going to be that many members and the people won’t understand what’s in this file once the vote happens. Why? Although there might be a valid foundation for redactions, the fundamental truth could be disclosed on the involvement of the Chinese representative Fang Fang in raising money or bagging hires or interns at Swalwell’s office. Moreover, the character of the relationship stays sealed and Swalwell won’t answer fundamental questions on that relationship.
Yet, there’s not any stated rationale for the complete seal on this file. It’s not easy to know all of the material being categorized since China and its own spy are entirely aware of the truth as is Swalwell. If the seal is to safeguard confidential details on the character of Swalwell’s relationship, the question is if such facts ought to be barred in their entirety when it is not categorized.
What’s striking is that the failure to clearly convey the main reason behind the seal and the way members must vote on the settlement without access to such information. This is not a clear cut issue in my thoughts. I am able to see the worth of protecting Swalwell from embarrassing facts if they are not material any criminal or reckless conduct.  If the allegation is accurate, Swalwell might be entirely innocent in being seduced by a Chinese representative. They might still reflect poor judgment but there is an argument for sealing personal details of an event if there was no showing of criminal or reckless conduct. Clearance files often contain highly personal details that are disclosed within an understanding of confidentiality.  The sole issue that doesn’t involve the disclosure of classified data is if Swalwell might have or ought to have understood that the danger of Fang Fang as a foreign exchange broker.
1 possible resolution would be to allow the full sealed file to be viewed by any member or to produce a record or redacted edition. That may include confirmed many of the reported facts on this Chinese representative raising money to get Swalwell and playing a role in …

Father Arrested After Continuing To Call His Child”She’s” After Court-Ordered Gender Transition Treatments

There is an astonishing case out of British Columbia where a dad called as CD was detained after he continued to consult with his own biological 14-year-old daughter (known as AB) as”she” and his”daughter” later he transitioned to a male sex.  CD opposed the transition as the parent but he was overruled afterwards physicians at BC Children’s Hospital that chose the girl should get testosterone shots. The father continued to defy gag orders, including a pub on his attempting to convince with his child to wait until making such a shift.
We have discussed how such pronoun disputes (known as”misgendering) lead to criminal identification in other nations including Great Britain.
The Canadian courts withheld the dad’s name but he’s gone public in meeting and contains a GoFundMe site under his real name.
Formerly, in a 2019 decision, Justice Gregory Bowden rejected the parent’s opinion as largely immaterial:

In light of the established law concerning the utilization of a mature minor to consent to medical therapy and the examinations of a variety of physicians that A.B.has capacity to agree as well as the proof of his health care providers which the proposed therapy is at A.B.’s highest interests, there is not any serious question to be tried.
A.B.’s dad has not shown that a refusal to grant the injunction would negatively impact or irreparably harm him.
After that decision, there was a gag order put into place that barred the father from trying to convince his son to change his thoughts:
“[1] AB, a 14 year old transgender boy, applies for a protection order to restrain his father, CD, by publishing, speaking or giving interviews concerning this case or about AB’s personal and medical information.
“a) CD will probably be controlled from: i. attempting to convince AB to depart treatment for gender dysphoria; ii. Addressing AB by his birth ; and iii. Speaking about AB as a girl or with female pronouns whether to AB right or to third parties;
“b) CD shall not directly, or indirectly through a broker or third party, print or share information or documentation pertaining to AB’s sex, gender identification, sexual orientation, physical or mental wellness, medical status or remedies.”

The day of the Bowden’s decision, CD talked to the Federalist and said”since she’s a girl. Her DNA won’t change through all the experiments that they perform.” He further added:

“I had a perfectly healthy child a year before, which perfectly healthy child has been changed and destroyed for absolutely no good reason. She can never go back to being a girl from the healthy body that she must have had. She’s going to permanently have a lesser voice. She’ll forever need to shave because of facial hair. She won’t be able to have kids… Sometimes I only need to shout so other parents and people will… jump into, understand what is happening. There’s a child–and not just mine, but in my case, my child out there with her life ruined.”

This led to a conviction of the father for”family violence” in April 2019.
Later YouTube interviews with the father were eliminated.  In addressing a few of those interviews, Justice Michael Tammen of the British Columbia Supreme Court ordered that Laura-Lynn  Thompson to pull her interview and, when she didn’t, he sent police to her home.
The decisions reject any substantive weight given parental rights. I have opposed an absolutist position against parental rights in areas such as diplomatic with minors. The use of criminal penalties against this dad only magnify those concerns.
Personally, I disagree with the father in the usage of the pronoun if …

The Domino Effect: The Way All Four Cases At The Passing of George Floyd Could Collapse Using A Chauvin Acquittal

Thus far, many from the press have failed to shoulder their particular weight to discuss the countervailing proof in the situation.  Truly, there’s a real danger of a cascading failure in the case where a loss from the Chauvin case could bring down the instances against four officers. This potential domino effect is the end result of creating the 3 other cases dependent on the base murder/manslaughter charge against Chauvin.
Here’s the pillar:
The problem isn’t in finding a jury that reflects the community however, finding one that doesn’t.
1 juror was disregarded by then afterwards he admitted that he feared he or his family would be hurt if Chauvin was acquitted. Another was ignored after saying property damage through the Black Lives Issue protests could have been needed to attain justice.  The problem was that they represented their community all too well.
Judging in the encampment across the waiver together with barbed wire, fencing and security, authorities are aware of the prospect of violence.  The greatest danger, however, might be found in the way in which the prosecution has structured the situation — and also the danger of a cascading failure of not only the Chauvin situation but of these cases against all four witnesses.

An shaky and vulnerable strategy
The prosecutors constructed the instances against Chauvin, Alexander Kueng, Thomas Lane and Tou Thao like an upside pyramid resting on a conviction of Chauvin.  The key charges against Kueng, Land and Thao are aiders and abettors into Chauvin’s alleged murder or manslaughter. In case Chauvin is acquitted or the prosecution hangs on the fees , the prosecution of the other three officers becomes exceptionally difficult.

Prosecutors are conscious of the instability and vulnerability of this strategy. For that reason, they fought to reestablish a third-degree murder claim to give the jury another choice for a compromise verdict between the second-degree murder assert along with also the second-degree manslaughter case. In a situation that is most appropriate for a manslaughter assert, there’s a chance of overcharging a situation that undermines the narrative of the prosecution. The second-degree murder assert doesn’t need intent to murder Floyd but nevertheless needs a murder perpetrated in the course of another felony.  “
There are a number of rather important challenges for the prosecution, in spite of the infamous videotape of all Chauvin with his knee Floyd’s neck for at least 9 minutes. There is a real fear that mentioning countervailing defense arguments will activate claims of racism or insensitivity to police misuse. However, the jury must unanimously convict on the basis of beyond a reasonable doubt after considering Many Different such arguments, including:

►When known to the scene due to Floyd allegedly passing counterfeit money, Floyd denied with drugs but later said he had been”hooping,” or carrying medication.
►The autopsy did not end that Floyd died from asphyxiation (though a household pathologist created that finding). The state’s criminal complaint against Chauvin explained the autopsy”showed no physical findings that support an investigation of traumatic asphyxia or strangulation. He was COVID-19 positive.
►Andrew Baker, Hennepin County’s chief medical examiner, ardently suggestedthat the main cause was a massive amount of fentanyl from Floyd’s method:”Fentanyl at 11 ng/ml — this is greater than (a) chronic pain patient. If he were found dead at home alone & no other apparent causes, this might be acceptable to predict an OD (overdose). Deaths have been certified w/levels of 3″ Baker also told researchers that the autopsy showed no physical signs indicating Floyd died of asphyxiation.
►The toxicology report Floyd’s blood also noted that”in deaths from fentanyl, blood levels are variable and …

The Domino Effect: The Way All Four Examples At The Death of George Floyd Could Collapse Using A Chauvin Acquittal

Below is my column in USA Today on the approaching trial of former police officer Derek Chauvin for its alleged murder of George Floyd. Up to now, many in the media have failed to flex their particular weight to go over the countervailing proof in the case.  Indeed, there’s a real danger of a cascading collapse in the instance in which a reduction in the Chauvin instance might bring down the cases against all four officers. This possible domino effect is the end consequence of making the 3 other cases dependent on the foundation murder/manslaughter fee against Chauvin.
Here’s the column:
The trial of former police officer Derek Chauvin at the passing of George Floyd is scheduled to start March 29 after the difficult job of choosing a jury. The difficulty is not in finding a jury which reflects the community however, finding one that does not.
1 juror was dismissed by then after he admitted that he feared his or her family would be harmed if Chauvin was acquitted. Another was dismissed after saying land damage through the Black Lives Issue protests might have been necessary to achieve justice.  Their problem was that they mirrored their community all too well.
Judging in the encampment around the waiver together with barbed wire, fencing and safety, police are conscious of the prospect of violence.  The best danger, however, might be seen in how the prosecution has organised the case — and also the danger of a cascading collapse of not only the Chauvin case however of these cases against all four officers.

An unstable and vulnerable approach
The prosecutors assembled the cases against Chauvin, Alexander Kueng, Thomas Lane and also Tou Thao like an upside pyramid resting on a certainty of Chauvin.  The main charges against Kueng, Land and Thao are as aiders and abettors to Chauvin’s alleged murder or manslaughter. In case Chauvin is acquitted or the prosecution hangs on the chargesthe prosecution of the other 3 officers becomes exceptionally difficult.

Prosecutors are conscious of the uncertainty and vulnerability of the strategy. For that reason, they fought to reestablish a third-degree murder claim to give the jury yet another alternative for a compromise verdict between the second-degree murder assert along with the second-degree manslaughter case. In a case that’s best suited for a manslaughter assert, there’s a probability of overcharging a case that undermines the narrative of the prosecution. The second-degree murder assert does not need intention to murder Floyd but nevertheless needs a murder perpetrated in the course of another felony.  The third-degree murder fee requires a showing that Chauvin committed”an act eminently dangerous to others and evincing a depraved mind, with regard to individual life. “
There are a number of very important challenges for the prosecution, even with all the infamous videotape of all Chauvin together along with his knee on Floyd’s neck for over 9 minutes. There is a definite fear that mentioning countervailing defense arguments will trigger claims of racism or insensitivity to police abuse.

►When called to the scene due to Floyd supposedly passing counterfeit cash, Floyd denied using drugs but afterwards said he had been”hooping,” or taking drugs.
►The autopsy didn’t conclude that even Floyd died from asphyxiation (though a household pathologist created that finding). Rather, it discovered”cardiopulmonary arrest while still being restrained by law police officer(s).” The state’s criminal complaint against Chauvin said the autopsy”showed no actual findings which support an investigation of traumatic asphyxia or strangulation. Mr. Floyd had underlying health issues such as coronary heart disease and hypertensive heart disease.”
►Andrew Baker, Hennepin County’s chief medical examiner, strongly suggestedthat the …

UNC Law Student Faces Recall Effort For Disagreeing an Argument Between Students Was Racist

The conversation at UNC incident occurred between two students within an Zoom conversation on January 14th. According to transcripts in the Call to Action record, law students debated colonization from the U.S.. A debate ensued over who was jobless. When one pupil said that there were still parts of the world still being chased like Cameroon, another pupil pushed back”You’re an American attending an elite law school at the 21st century.” If you are interested in a good cause, you may always visit Cameroon and battle with the colonizers there.”  The first student immediately cried and asked”Can you just tell me to go back to Africa?”
That led to some other student to explain that he was only reacting to the stage that there are still fights going on against colonization:”What? Dude what are you really saying? I am saying that people talk about colonization like it we are [sic] all culpable for great evil. My point is that in the event you would like to fight colonization, you will find real civil wars happening today between sailors and colonizers (such as in Cameroon).”
The first pupil refused to accept that interpretation and declared”Your point will be racist.”  That caused a complaint to this law school in a letter and corresponding request demanding action from law school.
Now passes Sharma who took exception to this promise that the conversation was obviously racist.  He explained that he saw the announcement as a reply to the first pupil citing the battle in different nations.  He was then immediately targeted himself at a campaign to recall him.  It neglected but Sharm told The College Fix that”The simple fact that there has been this attempt to recall me, it had been just a little bit disappointing, because as law students, there’s a requirement to understand and have open discourse with those who have opposing views to you and that I had been being vilified for something that personally, I was not even involved in.”
The effort to recall Sharma shows the rising intolerance of opposing views on our campuses. The simple fact that law students would take part in this kind of assault on free speech is very frightening.
There are many people who have called for a national discussion on race issues. On the other hand, the Georgetown and UNC events demonstrate that such talks can come at great danger. From the UNC instance, even disagreeing with all the racist significance of a conversation was enough to start a campaign to get a recall.

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“Generational Trauma”: Pupils Require The Firing Of Africana Studies Professor Who Used Racial Slur In Class On Hip-Hop

Melissa Hargrove, that educates Africana Studies and investigates the hip-hop motion, is the newest academic to face a effort for ending after she was accused of employing the”n-word” in a class at the University of Tennessee-Knoxville. For the past month, the university was struggling with the controversy. In her class, Hargrove was using an acronym and discussing a song with the identical phrase from rapper Tupac.  The university ordered her into compulsory training but pupils want her fired.
According to a statement from Shayla Nunnally, the chair of the section, Hargrove wrote the phrase but underneath made it crystal very clear that it was an acronym for”Never Ignorant About Getting Goals Accomplished.”
The school apologized and ordered the training of Hargrove.  The section held sessions with pupils to address the controversy. However, the pupil insisted on her being fired for not just racism but causing”generational trauma”:

Professor Hargrove is notorious among pupils for traumatizing Black pupils by eschewing appropriate teaching methods and instead dragging pupils through generational injury that persists to this day. Dr. Hargrove create a hostile and inspirational learning environment for many years, which makes her horrendous actions unsatisfactory — but not surprising — to the student body….
A professor who is a very best ignorant to that which she inflicts does not belong into her coveted position. She should not have been supported by any faculty or the government. Through her direct actions, she is reaffirming racism and anti-Blackness at this university and beyond. At this point the opportunity to be”called in” has now passed, and the time for elimination has come.

The pupils do not explain the”generational trauma” or even the alleged past misconduct.
As can come as little surprise to a lot of this blog, I see the attempt as an attack on the academic freedom and free speech. An individual could disagree with the material of a class without ascribing a racist motive or reaffirming racism. I have seen nothing to suggest that Professor Hargrove is really a racist or reaffirmed a racism messaging at the class.
I’m actually more worried about the university’s position. In a later statement, the university says”even given this context, we acknowledge that people will disagree about whether writing that phrase on the boardin any form, can ever be a powerful teaching tool” However, it has stated that Hargrove did not use the word as a slur but as an acronym at a class on a song that utilizes the term. If that is the situation, why was she sent into re-training and exactly what did the university view as wrong in her class? There should be clarity on such a stage if a professor is being sent into a re-training program. Can be Hargrove barred from with the acronym or discussing the title or lyrics of a song that is the attention of this class?
Uncertainty and ambiguity is the passing of the free speech and academic freedom. If the university is going to order compulsory training, it should be apparent for other faculty concerning the bright line regarding this type of substance.

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The Fairness Doctrine Is Bad News

Below is my column in The Hill about the attempts to resurrect the Fairness Doctrine and to extend it to cable programming.
Here’s the pillar:

Hale responded,”No, I consider the senators and pray for the country.” Many of us have felt exactly the same way, particularly with today’s free-for-all environment on Capitol Hill.
The most recent reason behind a Hale prayer would be the need to resurrect the fairness doctrine, an effort to govern media that thankfully died in 1987 under the weight of its own absurdity. Adopted in 1949, what became known as the equity doctrine necessary television and radio outlets to offer conflicting perspectives on any controversy. That’s only fair, fans intoned, and that wouldn’t want equity?
In reality, the philosophy was far more effective at killing than simply balancing coverage. From the 1980s, press figures complained that the philosophy often resulted in dropping stories instead of committing the time to broadcast different sides. Furthermore, a review showed the philosophy was difficult to enforce and highly subjective in its program. The greatest problem was that it constituted direct government regulation of the media. The Constitution states there may be no law”abridging the free media,” and a lot of us concur with Justice Hugo Black’s view when he stated:”I consider’no law abridging’ to imply’no law abridging. ”’
The philosophy was finally, mercifully rescinded in 1987, but it’s now back with a vengeance. Some members of Congress are calling for a range of regulations of media and the internet, including requirements for censorship of”disinformation” on topics ranging from election fraud to climate shift to sex identification. and Jerry McNerney (D-Calif.) , lately printed cable suppliers to push content controls over news media and suggested they need to prevent audiences from having access to networks like Fox News. , have referred to these content controllers as part of a new equity philosophy.
Such speech and media controls have turned into a primary Democratic talking stage. It sometimes seems that, to be innovative, you need to be regressive on topics like free speech and the free media. Together with the ascension of conservative networks like Fox, many are requiring a redefinition of our values to allow increased regulation of speech and press.
Really, limiting such rights has become framed as a democratic merit. Others are more direct: A pillar on the liberal website Daily Kos celebrated the end of their late Rush Limbaugh’s radio show however noticed fact that”there was a time when he wouldn’t have managed to exist” It disregarded those a fairness doctrine as”racists, bigots, antisemites, and other US brands of filth.” (Luckily for the Daily Kos, it faces no requirements of equal time or balance.)
There remain substantial questions within the doctrine’s constitutionality, despite its being upheld in 1969. Moreover, much has changed since the court, in upholding the philosophy, employed a”lack principle” to what was back then a considerably smaller media marketplace, such as just a few broadcast networks. That reasoning is no more compelling with today’s diversity of media outlets, such as cable programming. Moreover, despite fewer media outlets in the 1980s, the philosophy did little real good in promoting real balance.
What people view as”balance” is highly subjective. However, each of the networks highlight conflicting viewpoints. In some cases, this balance is advised. For instance, the Washington Post has featured Jennifer Rubin as its”conservative opinion author” despite a very lengthy litany of contentious statements from conservatives and Republicans, for example her proposal that the Republican Party should be burnt to the ground. All of these outlets, for example, cable networks, can assert such balance under the …

“The Record Is Apparent”: Judge Condemns Syracuse University For Actions Against Fraternity In Racial Slur Case

Syracuse University was repeatedly criticized for a failure to guarantee due process and free speech rights for both students. Now, a state judge has contested the university over the treatment of a fraternity which the court found”did nothing wrong” at a racial slur incident . The University continues yet to shield a procedure that was fraught with due process issues.  I’ve been a critic of the lack of due process on our campuses. This became particularly acute when the Obama Administration pressured universities to reduce such protections — a policy that the Biden Administration now appears to moving to reinstate.

This is a part of the factual background found by Justice Scott DelConte of Onondaga County Supreme Court:

At around seven pm. The group left the fraternity home, on foot, and led to a local apartment and watch a basketball game. Even though they were walking together, one of those individuals in the category — identified only as K.F. — temporarily ran towards a girl standing out of a parked automobile (Id.) . According to the girl — who immediately reported the incident to the University Department of Public Safety — K.F. and many others in the group shouted racial slurs at her.

An investigation was launched but the next morning University Chancellor Kent Syverud announced he had been”deeply angered” and that”the individuals involved have been identified and will be held appropriately accountable to the Code of Student Conduct and to the complete extent of the law.” He guaranteed to work together with the Syracuse Police Department to bring charges against those responsible. The court called Syverud’s comments a”seemingly predisposed public statement” of guilt.
2 hearings were held however, at the crucial second hearing, the college resisted the attorney for the fraternity from being current — a denial of due process that has been utilized by other universities to hamper the defense of students or teams in such event.
Then something remarkable occurred.  The Appeals Board ruled that”University policy doesn’t offer a basis on which to obtain the respondent [fraternity] responsible for the conduct that the lower Board found to have occurred” and further found that K.F.”was not a guest of the fraternity and is not a Syracuse University student.” Therefore,”[he] could not serve as an agent of their fraternity and [there’s ] no additional basis on which [the fraternity] could be held responsible for his alleged actions”
On the other hand, the college had already effectively announced guilt that the day following the episode.  So, in a unilateral decision, Senior Vice President for Enrollment Dolan Evanovich overruled the college’s appeals board.  While Evanovich admitted that”it is true the Code [of Student Conduct] doesn’t explicitly cover guests of associations, this kind of expectation exists during the University’s Fraternity and Sorority Affairs policies.”
Evanovich’s claim is roundly rejected by the court:

There’s no provision at the Fraternity and Sorority Affairs policy, or the Code of Student Conduct, that enables the University to punish fraternities or the independent, off-campus actions of former guests (NYSCEF Documents. 9, 23, 26). Fraternities can’t police the announcements of their former allies who depart campus, and it might be irrational to have, or apply, a policy that punishes fraternities, or alternative pupil social associations, for conduct they cannot control. While the Courts will normally defer to a college’s interpretation of its own policies, such deference doesn’t extend to”unreasonable or absurd” interpretations, like Evanovich progress here.

As the Conduct Board discovered that none of its fraternity members uttered any derogatory or racially offensive statements. Evanovich’s determination that the fraternity is responsible for K.F.’s alleged harassment — which occurred …

Quantum Lunacy: Physics Professor Calls For The Abandonment Of”Quantum Supremacy” As Anti-Racism Measure

At a Scientific American article entitled,”Physicists Must Be More Careful They Name Things,” two academics and a journalist call for the abandonment of the term”quantum supremacy” in math since it’s”uncomfortably reminiscent of’white supremacy.”  Profession Professor Ian Durham (St. Anselm College), freelance writer Daniel Garisto, and Math Professor Karoline Wiesner (University of Bristol) all concur that the term is not racist but nevertheless think that it has to be changed to prevent”adding insult to injury”
The term was coined in 2012 from John Preskill to explain how quantum computers can execute jobs would take even supercomputers decades to finish.
The Report struggles to make the instance that this clearly non-racial term holds a dangerous possibility of being viewed as racist, including reference to additional conditions such as”judicial supremacy” which might also presumably have to be abandoned:

The term supremacy–having”more energy, authority or standing than anyone else”–will be closely connected to”white supremacy.” This is not supposition; it is reality.  The Corpus of Contemporary American English finds”white supremacy” is 15 times more frequent than the next most commonly used two-word term,”judicial supremacy.”

Since”judicial supremacy” is much more prevalent than”quantum supremacy,” it would appear the same debate for karma could apply.
It’s not apparent if the issue is only”supremacy.” Can Pareto superiority also raise such problems?
We’ve previously discussing the dropping of terms as offensive regardless of their clearly non-sexist or non-racist meaning. These efforts are somewhat reminiscent of our own discussion at George Washington on the use of this Colonials as a moniker. The student organizers requested”When we talk about the Colonial ever, what does it imply? And is that what we want our school individuality to be?” The emphasis however is that the foundation of colonialism in the world, perhaps not the Colonial as a term in the USA. Just as we strive to comprehend the meaning and customs of different countries, there ought to be a modicum of effort to comprehend our own meanings and customs. They were not supporters of colonialism. For those interested in GW, that is part of knowing our history and our own values. The success is pretending that they are some thing that they were not and then changing the expression to deny a falsely claimed meaning.
The authors take a jab in Professor Steve Pinker who we previously discussed as the target of an anti-free language effort.  Pinker lashed out in these efforts to ban words and regulate speech. The authors reject that premise:

It’s correct that”supremacy” is not a magical word, that its meaning comes from conference, not conjurers. But the circumstance of”quantum supremacy,” which Pinker fails, is that of a historically white, male-dominated field. Acknowledging this by looking for greater speech is a simple attempt to be considerate, not prissy.

They are not the first to produce this suggestion. A 2019 letter from Nature,  the magazine has been known for using”quantum advantage” and the authors argued:

In our opinion,’supremacy’ has overtones of violence, neocolonialism and racism through its affiliation with’white supremacy’. Inherently violent speech has crept into other branches of science as well — in human and robotic spaceflight, by way of example, terms like’conquest’,”colonization’ and’settlement’ evoke the terra nullius arguments of settler colonialism and must be contextualized against ongoing issues of neocolonialism.

It’s hard to take issue with such articles without running the danger of being referred to as insensitive or insufficiently concerned about racism. That is not true. Many of us fail to realize how such attempts progress real racial justice as opposed to shallow advancement through campaigns.
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The Disappeared Ones: Osbourne Others Show The Sheer Panic Of Facing Erasure

The general public bill of Sharon Osbourne a week has been abject, if not hysterical. Osbourne had affirmed Piers Morgan, who stated that he did not believe Meghan Markle. In a tense interview, Osbourne became highly defensive (and quite rude) later Sheryl Underwood inquired whether she had been defending racism in encouraging a friend. Osbourne requested her co-host to explain in which Morgan’s criticism was racist and said she believed she was being placed into”the electric chair.” Subsequently the power was turned on as the Internet lit up with forecasts for her shooting. After immediate”reflection,” Osbourne repeatedly professed her”deep admiration & love for the black community” in stating that she will”continue to learn, listen and do better” in the long run.  The key thing was that she expected to get a future. Regardless of the apology, she’s currently under investigation from CBS and she’s been announced”on hiatus” from the series.
The market between Osbourne and Underwood may have served a productive purpose in researching the continuing difficulty in talking race. That however is becoming more and more rare, if not impossible. While many call for a nationwide discussion of humor, these controversies show the way the frank discussion comes at considerable risk. I did not agree with Morgan’s remark in stating that everything Markle said was a lie and also believed Osbourne responded badly to being asked regarding concerns over racism. So, I don’t have any problem with the criticism of Osbourne or Morgan. But if we are likely to have a discussion about race, it must occur without the threat of being summarily cancelled.
A Harvard-Harris poll showed recently that 64 percent of Americans now view cancel culture as threatening standard freedoms. However, that view has not influenced the media or these campaigns.  But free speech requires some breathing space. These cancelling efforts have just grown with the aid of leading corporations and the media.
The panic expressed by Osbourne is that she’d join the ranks of the banished, a media variation of the”desaparecidos” or even”disappeared ones.” In today’s hair-triggered cancel culture, actors and media figures can be disappeared in one media cycle when labeled on the Internet since racist or reactionary. Such status can result in being banned from societal networking, boycotted from television, and prohibited from publications. An array of politicians, professors and writers have publicly called for the blacklisting of people that have opposing views to prevent others from reading or hearing their views.
Scott, who is black, was responding to MSNBC server Joy Reid blowing off his job simply”to offer the patina of diversity.” This had been a insulting racist trope which could have been widely denounced if it were not used against a black Republican or conservative. There’s a legitimate objection to Scott’s analogy given the bloody record of white supremacy in the United States. However, Lemon’s attack deflected any necessity to address Reid’s own outrageous attack on Scott on the grounds of the race.  There were invaluable issues to discuss on either side of the controversy with the first insult and the analogy but no discussion actually happened.
What was striking however was Lemon’s insistence that he had never seen”a woke supremacist denying anybody… a job or education.” If so, he has not looked very hard. Professors effectively disappear. They aren’t invited to seminar. Their publications are prohibited through powerful blacklisting and they’re unable to discover alternative schools since administrators do not need to handle some protests. They vanish.
Osbourne’s self-described fear attack is a frequent response to people forced to the edge of this abyss.  Marshall begged for forgiveness because of his”blindspots” …

Court Rules Michigan Secretary of State Broke State Law About Absentee Ballot Guidelines Before 2020 Election

The lawsuit over the 2020 election appear to be ongoing with a ruling this week from Michigan Court of Claims Chief Judge Christopher Murray that Secretary of State Jocelyn Benson (D) broke state law in issuing new rules on absentee balloting prior to the 2020 election. The orders concerned instructions on what constitutes a”match” for verification signatures — a core issue raised by the Trump campaign in its election challenges. There’s absolutely no proof that the breach of state law altered the results of the election at the country and the court failed to make a fresh audit. On the other hand, the court found that Murray shouldn’t have issued the orders and, in doing this, violated the state’s Administrative Procedures Act.
Benson ordered that clerks follow a highly deferential standard in favor of the voter and verification. The court explained:

The stated goal of the at-issue document was to”provide[ ] standards” for assessing signatures, verifying signatures, and treating missing or mismatched signatures. Under a heading entitled”Procedures for Signature Verification,” the document said that signature review”starts with the presumption that” the signature within an absent voter ballot application or voter is valid.Further, the form instructs clerks to, even if there are”any redeeming qualities at the [absent voter]application or return signature in comparison with the signature on document, treat the signature as valid.”  (Emphasis in original).  “Redeeming qualities” are explained as including, but not being limited to,”similar distinctive flourishes,” and”more matching attributes than nonmatching capabilities.”  Signatures”must be considered suspicious” the guidance clarified, just if they disagree”in several, significant and obvious respects from the signature .” (Emphasis in original).  “[W]henever possible,” election officials were to solve”[s]mild dissimilarities” in favor of finding that the voter’s signature was valid.
The segment on signature-verification processes goes on to repeat the notion that”clerks should presume that a voter’s [absent voter] application or envelope trademark is their genuine signature, since there are lots of acceptable reasons that can lead to an apparent mismatch.”

The court decided that the orders on the signature-matching demands equates to some”rule” and consequently should have adopted the requirements under the APA. 
Here’s the opinion: Genetski v. Benson, No. 20-216-MM at the Court of Claims to the State of Michigan
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“The Record Is Clear”: Judge Condemns Syracuse University For Actions Against Fraternity In Racial Slur Instance

Syracuse University was repeatedly criticized for a failure to guarantee due process and free speech rights for both pupils. Presently a state judge has slammed the college within its treatment of a fraternity which the court saw”did nothing wrong” in a racial slur incident on campus. The University continues yet to shield a process that was replete with due process concerns.  I have been a believer of the lack of due process within our campuses. This became especially severe if the Obama Administration forced universities to cut back such protections — a policy which the Biden Administration now appears to moving into reinstate.

At around 7 p.m.. The group abandoned the fraternity house, on foot. And headed into a nearby apartment and watch a basketball game. Even though they were walking together, among the people in the category — identified only as K.F. — briefly ran towards a girl standing out of a parked automobile (Id.) .

An investigation was started but the next morning University Chancellor Kent Syverud announced that the had been”deeply angered” and that”the people involved were identified and would be held appropriately accountable for the Code of Student Conduct and to the full extent of the law.” He promised to work together with the Syracuse Police Department to bring charges against those responsible. The court named Syverud’s comments a”apparently thwarted public statement” of guilt.
2 hearings were held however, in the critical second hearing, the college resisted the lawyer for the fraternity from being current — a denial of due process that has been utilized by other universities to hamper the safety of pupils or teams in such proceedings.
Then something remarkable occurred.  The Appeals Board ruled that”University policy does not offer a foundation on which to obtain the respondent [fraternity] responsible for the behaviour which the lower Board found to have occurred” and further found that K.F.”was not a guest of the fraternity and is not a Syracuse University student.” Thus,”[he] could not serve as a representative of the fraternity and [there’s ] no additional foundation on which [the fraternity] could be held responsible for his alleged actions”
On the other hand, the college had already effectively announced guilt the day following the incident.  So, in a unilateral decision, Senior Vice President for Enrollment Dolan Evanovich overruled the university’s appeals board.  While Evanovich confessed that”it’s true the Code [of Student Conduct] does not explicitly cover guests of organizations, such an expectation is present during the University’s Fraternity and Sorority Affairs policies.”
Evanovich’s claim is roundly denied by the court:

There’s no provision in the Fraternity and Sorority Affairs coverage, and also the Code of Student Conduct, which makes it possible for the University to punish fraternities or the individual, off-campus actions of former guests (NYSCEF Docs. 9, 23, 26). Fraternities can’t police the statements of the former allies who depart campus, and it would be unreasonable to possess, or apply, a policy which punishes fraternities, or alternative pupil social organizations, for behavior it’s impossible for them to control. Though the Courts will generally defer to a university’s interpretation of its policies, such deference does not extend to”foolish or irrational” interpretations, like Evanovich advances here.

The record is clear: Alpha Chi Rho did nothing wrong. As the Conduct Board found, none of its fraternity members uttered any derogatory or racially offensive statements. Evanovich’s determination that the fraternity is nonetheless responsible for K.F.’s alleged offender — which occurred off-campus and was not witnessed by some fraternity members — has no logical foundation. Therefore, his rejection from the Appeals Board decision must be annulled as arbitrary (Pell v …

Washington Post Issues Correction Three Hours After False Report About Trump’s Georgia Call

The Washington Post triggered a stir last week after admitting that it published a fictitious report of statements made by President Donald Trump in a contact using a Georgia election investigator.  While the Article has been chastised by many of us for failing to address other untrue or ethically suspicious articles, it did acknowledge it got the story wrong (albeit three months afterwards ). The actual problem is how such false stories are utilized to make an indelible story and lasting harm. Numerous specialists used the false quotations to declare clear criminality whereas the House managers relied on the false accounts to the impeachment. None of those members or specialists have acknowledged the altered record or the sooner reliance on a fictitious accounts.
There were just two calls on the Georgia electoral struggle and this correction issues the six-minute exchange involving the former president and investigator Frances Watson December 23, 2020. The transcript was published by the Wall Street Journal. The recording was discovered in a trash folder of the Georgia investigator and wouldn’t have been found absent the push against the WSJ.
In both calls, Trump pushed the officers to”find” the uncounted votes. There was pending lawsuit on these alleged uncounted votes and the other telephone using Georgia Secretary of State Brad Raffensperger (and the two legal teams) had been a settlement argument. The entire stated function of the challenges was to depend exactly what the Trump effort alleged were uncounted votes which surpassed his 11,780 deficit. Trump put forward different theories of how many more votes were destroyed or not counted. He continued to return to the fact they just should confirm 11,780 of the countless thousands of supposedly uncounted ballots.
The Post today admits that it is bombshell report by early January was incorrect and Trump never advised Watson to”find the fraud” and she would be”a hero.” Instead, Trump stated that if the officers did a neutral investigation”you are going to come across things” such as”dishonesty” — a position consistent with his inaugural challenge. I still view Trump’s announcements to become reckless and unwise. He shouldn’t have been on these kinds of calls in the first area and several of us criticized his rhetoric heading up the January 6th riot.
CNN continues to be criticized for asserting that it confirmed the statements independently.  Especially, neither Watson nor another official familiar with all the calls adjusted the false accounts that ran for months.
I previously wrote about those exchanges in hard arguments by statistics such as NYU law professor (and past Mueller deputy) Andrew Weissmann that Trump’s opinions clearly established the foundation for a criminal charge. As a longtime criminal defense attorney, I feel those statements fall short of the kind of clear criminal motive maintained by Weissmann.
Yet, other legal specialists rushed to join with the declarations of presumptive guilt.   Rep. Madeleine Dean, D-Pa., echoed the false quotation and insisted “Trump urged him [sic],’Find the fraud,’ and maintained the official would be an international hero if he [sic] did. Let us call this what it is. He had been requesting the official to state there was proof of fraud if there wasn’t any.”
The controversy totally embodies the political and journalistic failures of the last four decades using a false accounts used in a rushed impeachment. Yet again, the story had been authentic because it had to be true; as people wanted it to become true. From the press, there is an old expression that there are simply”some details also good to check.”
It is not important that several of these same experts have announced a lengthy …

The Disappeared Ones: Osbourne and Others Prove The Sheer Panic Of Allergic Erasure

The general public testimonial of Sharon Osbourne a week has been abject, if not hysterical. Osbourne had affirmed Piers Morgan, who said that he did not think Meghan Markle. At a stressed interview, Osbourne became defensive (and quite rude) later Sheryl Underwood asked if she had been defending racism in supporting a buddy. Osbourne requested her co-host to spell out in which Morgan’s criticism was said she felt she was being placed into”the chair” Then the power was turned as the Web lit up with calls for her shooting. The important thing was that she hoped to have a future. Despite the apology, she’s currently under investigation from CBS and she has been announced”on hiatus” in the show.
The exchange between Osbourne and Underwood could have served a productive purpose in researching the continuing problem in discussing race. That is becoming increasingly rare, if not hopeless. While many call for a nationwide discussion of race, these controversies show the way the frank conversation comes at considerable danger. I did not agree with Morgan’s remark in stating that everything Markle said was a lie and also believed Osbourne responded badly to being asked about concerns on racism. But if we are going to have a discussion about race, then it must happen without the danger of being summarily cancelled.
A Harvard-Harris survey showed recently that 64 percent of Americans now see cancel civilization as threatening primary freedoms. Yet, that view has not impacted the press or these campaigns.  But free speech requires some breathing space. These cancelling campaigns have grown with the support of leading corporations and the media.
The panic voiced by Osbourne is that she’d join the ranks of the banished, a press variant of the”desaparecidos” or”disappeared ones” In the modern hair-triggered cancel civilization, celebrities and media statistics could be vanished in a single media cycle if tagged online as either racist or reactionary. Such status may result in being banned from interpersonal media, boycotted in tv, and prohibited from publications. A range of politicians, writers and professors have publicly called for the blacklisting of those with conflicting views to prevent others from hearing or reading their own views.
The problem came up this week on CNN when sponsor Don Lemon assaulted Sen. Tim Scott (R., S.C.) for his denouncing”woke supremacy” as akin to white supremacy. Scott, who is black, has been reacting to MSNBC sponsor Joy Reid ignoring his job as just”to supply that the patina of diversity” It had been a insulting racist trope which would have been widely denounced if it weren’t utilized against a black conservative or Republican. There is a legitimate objection to Scott’s analogy awarded the damn history of white supremacy in the USA. But, Lemon’s attack diverted any need to tackle Reid’s own eccentric attack on Scott on the grounds of his race.  Again, there were valuable issues to discuss on both sides of the controversy with the initial insult and also the analogy but no discussion really happened.
What was striking however was Lemon’s insistence that he hadn’t ever seen”a woke supremacist denying anybody… a job or schooling.” If that’s the case, he has not looked really hard. Across the nation, efforts have hunted to isolate and stigmatize anyone with conflicting views. Professors effectively vanish. They aren’t encouraged to seminar. Their publications are prohibited through successful blacklisting and they are not able to discover alternative schools since administrators don’t need to handle some protests. They disappear.
Osbourne’s self-described terror attack is a frequent response to those forced to the edge of the abyss.  Require Winston Marshall, the banjoist for your group …

The Fairness Doctrine Can Be Bad News

Below is my column in The Hill on the attempts to reestablish the Fairness Doctrine and to expand it to cable programming.
Here is the column:

Hale responded,”I look at the senators and beg for the country.” Many people have felt the identical manner, especially with the current free-for-all surroundings on Capitol Hill.
The latest reason behind a Hale prayer would be the needs to resurrect the fairness doctrine, an attempt to regulate media that thankfully died in 1987 under the sheer weight of its own absurdity. Adopted in 1949, what became known as the fairness doctrine necessary television and radio outlets to offer conflicting perspectives on any controversy. That’s only fair, supporters intoned, and that would not want fairness?
In fact, the philosophy was far more effective at killing than balancing coverage. By the 1980s, media figures complained that the philosophy often resulted in dropping stories rather than committing the opportunity to broadcast different sides. Furthermore, a review showed the philosophy was hard to apply and highly subjective in its application. The largest problem was that it comprised direct government regulation of websites. The Constitution says there can be no law”abridging the free press,” and many people concur with Justice Hugo Black’s perspective when he said”I take’no law abridging’ to mean’no law abridging. ”’
The philosophy was finally, mercifully rescinded in 1987, however, it’s now back with a vengeance. Many members of Congress are calling for an array of regulations of websites and the world wide web, including requirements for censorship of”disinformation” on subjects which range from election fraud into climate shift to sex identification. Others, such as Reps. Anna Eshoo (D-Calif.) , recently wrote cable suppliers to push for content controls over news media and suggested they need to prevent viewers from having access to networks such as Fox News. , have known to such content controllers as part of a brand new fairness doctrine.
Such speech and media controllers have turned into a main Democratic talking stage. It sometimes appears that, to be innovative, you have to be regressive on issues such as free speech and the free press. Together with the ascension of conservative websites such as Fox, most are requiring that a redefinition of our worth to permit increased regulation of speech and press.
Really, restricting such rights has become styled as a democratic virtue. Others are more direct: A column on the liberal site Daily Kos celebrated the conclusion of this late Rush Limbaugh’s radio series but noticed wistfully that”there clearly was a time when he would not have been able to exist” It dismissed those opposing a fairness doctrine as”racists, bigots, antisemites, along with other US manufacturers of filth.” (Fortunately for the Daily Kos, it confronts no demands of equal time or equilibrium.)
There remain substantial questions within the philosophy’s constitutionality, despite being preserved in 1969. That decision, in Red Lion Broadcasting v. Federal Communications Commission, was established on a lower standard of inspection (the intermediate scrutiny test) that many people view as unsuitable. Furthermore, much has changed since the court, in upholding the philosophy, implemented a”lack principle” to what was back then a considerably smaller media marketplace, for example only a couple of broadcast networks. That justification is no more compelling with the current diversity of media outlets, including cable programming. Additionally, despite fewer media outlets in the 1980s, the philosophy did little real great in boosting actual equilibrium.
What people view as”equilibrium” is highly subjective. Cables networks such as CNN, MSNBC and Fox News are often attacked for bias from opposing sides. However, each one the networks highlight conflicting viewpoints. In …

The Fairness Doctrine Is Bad News

Below is my column at the Hill about the attempts to reestablish the Fairness Doctrine and to expand it into cable programming.
Here is the column:

Hale responded,”No, I look at the senators and beg for the country.” Many of us have felt exactly the exact identical way, particularly with today’s free-for-all surroundings on Capitol Hill.
The latest cause for a Hale prayer are the demands to revive the equity doctrine, an effort to regulate media that thankfully died in 1987 under the weight of its own absurdity. Adopted in 1949, what became known as the fairness doctrine required television and radio outlets to offer opposing viewpoints on almost any controversy. That is only fair, supporters intoned, and that wouldn’t want fairness?
In fact, the doctrine was far more effective in killing than balancing policy. From the 1980s, press figures complained that the doctrine often led to dropping stories rather than committing the time to broadcast distinct sides. Moreover, a review showed the doctrine was tricky to apply and highly subjective in its program. The largest difficulty was that it comprised direct government regulation of media. The Constitution states there can be no law”abridging the free press,” and a lot of us concur with Justice Hugo Black’s opinion when he stated:”I take’no law abridging’ to mean’no law abridging. ”’
The doctrine was finally, mercifully rescinded in 1987, however, it’s currently back with a vengeance. Many members of Congress are calling for a range of regulations of media and the web, including demands for censorship of”disinformation” on topics which range from election fraud on climate change to sex identification. and Jerry McNerney (D-Calif.) , recently wrote cable suppliers to push for content controls over news media and suggested they should prevent audiences from having access to networks such as Fox News. , have referred to such content controls as part of a fresh fairness doctrine.
Such speech and media controls have turned into a primary Democratic talking point. It sometimes appears that, to be progressive, you need to be regressive on topics such as free speech and the free press. Together with the ascension of conservative websites such as Fox, many are demanding a redefinition of their worth to allow increased regulation of speech and press.
Really, restricting such rights has become framed as a democratic virtue. Others are more direct: A column on the liberal site Daily Kos celebrated the conclusion of the late Rush Limbaugh’s radio series however noted fact that”there clearly was a time when he wouldn’t have been able to exist.” (Fortunately for the Daily Kos, it faces no requirements of equivalent time or balance.)
There remain substantial questions within the philosophy’s constitutionality, despite its being upheld in 1969. Additionally, much has changed since the court, in upholding the doctrine, applied a”scarcity principle” to what was back then a considerably smaller media marketplace, including just a couple of broadcast networks. That justification is no more compelling with today’s diversity of media outlets, including cable programming.
What people see as”balance” is highly subjective. Cables networks such as CNN, MSNBC and Fox News are usually attacked for prejudice from opposing sides. Yet, all the networks highlight opposing views. In some cases, this balance is advised. For instance, the Washington Post has featured Jennifer Rubin as its”conservative view author” despite having a lengthy litany of contentious statements against both conservatives and Republicans, for example her proposal that the Republican Party ought to be burned to the ground. Each these outlets, including the cable networks, can assert such balance below the fairness doctrine.
Liberals aren’t the only ones calling to reestablish …

Florida Woman Faces Criminal Charges Of Practicing Without A License After Allegedly Disfiguring Patient

We’ve previously discussed the criminal and civil liability of the posing as doctors.  Alcalira Jimenez De Rodriguez, 56, follows a familiar pattern in performing cosmetic surgeries without a license. Among the criminal charges however is concerning.
A guy claimed he was disfigured by Jimenez De Rodriguez at a botched nose job.  Vincenzo Zurlo had another rhinoplasty operation but it still was deformed so that he asked for her license and insurance. She allegedly declined and was later arrested.
These cases frequently involve both criminal and tort cases. In negligence cases, the defendant is frequently subject to the standard of the profession to determine culpability. Therefore, if you hold yourself out as a doctor, you’re subject to the quality of a sensible doctor.
What was notable nonetheless was the cost of practicing medicine without a license (that was later elevated to a second-degree felony because of the individual’s disfigurement).  She was charged with”resisting arrest without violence” We’ve previously discussed that charge that’s nebulous and debatable. In this case, the police state Jimenez De Rodriguez tensed her arm pulled off when she was being handcuffed.
Here is the provision:

843.02 Resisting officer without any violence to his or her individual. –Whoever will resist, obstruct, or oppose any officer as defined in s. 943.10(1), (2), (3), (6), (7), (8 ) ), or (9); member of the Florida Commission on Offender Review or any administrative aide or manager employed by the commission; county custody officer; parole and probation manager; employees or representative of the Department of Law Enforcement; or other individual legally authorized to execute procedure in the execution of legal procedure or in the lawful execution of any lawful duty, without doing or offering violence to the individual of their officer, will be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

Resisting or opposing without violence is extremely vague and permits for prosecutors to stack on additional fees (which include pressure for defendants to accept plea agreements). What constitutes resisting can seemingly be as small as tensing an arm or moving as restraints are being implemented.  That produces a dangerously fluid and subjective basis for criminal charge, even only a misdemeanor.…

Kentucky Moves To Criminalize Taunting Police Officers

Kentucky’s state Senate has passed a bill that raises profound concerns over free speech.  The bill could make it a crime to”taunt” a police officer, an action that could sweep an collection of protected speech under the code and could face severe constitutional challenges.
The bill contains the following provision:

(1) A Man is guilty of disorderly conduct in the second degree if in a public location and with intent to cause public inconvenience, annoyance, or alarm, or wantonly creating a risk thereof, he:
(a) Engages in fighting or in violent, tumultuous, or threatening behavior; (b) Makes unreasonable noise; (c) Refuses to obey an official order to disperse issued to maintain public security in dangerous proximity to a fire, hazard, or other crisis;[ or] (d) Creates a hazardous or physically offensive condition by any act that serves no  legitimate purpose; or (e) Accosts, insults, taunts, or challenges that a law enforcement officer with offensive or derisive words, or by expressions or other bodily contact, that could have a direct tendency to provoke a violent response from the view of a reasonable and thoughtful individual.

Police officers are agents of the country and, because of this, are often the focus of insults and taunts by citizens. The majority of us snore such verbal attacks however they often reflect deeper political or societal issues.
Officers are trained to resist impulses which have”a direct tendency to provoke violent response” among citizens. Courts have upheld the right of citizens to mistreat authorities, which is an unfortunate aspect of policing. Therefore , in 2015, the Washington Supreme Court ruled that police could not detain a 17-year-old who called them”pigs.”  Associate Chief Justice Charles Johnson, in the majority opinion, wrote that when”individuals exercise their constitutional rights to criticize how the police are managing a situation, they cannot be concerned about devoting a criminal conviction for obstruction”
In Kentucky, the host, Republican state Sen. Danny Carroll, said that he was responding to protests previous summer and had a specific sensitivity to such abuse as a former police officer.
Carroll’s motivation is commendable but I have severe doubts that his law is constitutional. We ask a whole lot from our officials. But this legislation could curtail core protected speech under an ambiguous criminal standard.…

The Media and The Mayhem: The Chauvin Trial Coverage Follows A Dangerous Pattern

Last week, a minumum of one juror was excused after he expressed fear he or his family could be attacked after a verdict. (Unexpectedly, another juror called the rioting necessary to progress the Dark Lives Matter movement). The man explained that his neighbors had to flee the region after the riots following the death of George Floyd. That anxiety was shared by different jurors. There happen to be protesters outside of the courthouse along with a new”autonomous zone” from the city that’s being chased by authorities groups.  Yet again, the news coverage is highly siloed and divergent in these coverage with vastly different images emerging from the town as it prepares for potential rioting. But it is the divergent coverage of the case itself that is my biggest concern.
The voir dire responses underline the concern over place in the situation and the decision not to shift the trial to a different city. There is clearly a fear among jurors there may be rioting if there’s an acquittal for Chauvin. The voir dire selection also magnifies the issue over the way the case has been covered in the press together with all the omission of crucial defense arguments and evidence. I think there was a valid basis for a test, however that can be a more powerful manslaughter compared to a murder case.  The trial provides us a much better view of this signs but the coverage thus far has been dangerously faulty in my opinion, as discussed below.
Here is the column:
Criminal trials have become such a predictable flashpoint for violence that cities make virtual fortresses around courthouses before juries are even seated.
The rioting that may adhere to a trial’s verdict is driven by deep-seated, long-lived racial issues. But, commentary by politicians and reporters can worsen these anxieties, creating misconceptions of their advantages and weaknesses of events. By way of example, prior to any investigation had been completed, Vice President Kamala Harris, then a United States senator, stated Chauvin clearly”murdered” Floyd, while others insisted that the crime was open and shut.
Trials, however, are predicated on the signs and elements of crimes. They are made to separate the substance from the mythical. A fantastic case in point is that the shooting of Michael Brown at Ferguson, Mo., at 2014, which triggered times of rioting. The shooting was broadly referred to as murder by federal figures and commentators. To this day, due to exceptionally inaccurate media coverage, pundits and protesters still refer to Brown holding up his hands and begging,”Don’t shoot!” On the other hand, the officers involved were never billed despite extended, repeated state and federal investigations that found no criminal culpability. Indeed, the Obama Justice Department along with other investigations refuted the hands up, don’t shoot claim.
Chauvin’s trial includes a number of the exact problematic elements of incomplete or distorted coverage and commentary. It clearly is much more powerful compared to the Michael Brown case — and you cannot overestimate the effects of the videotape of Chauvin kneeling on Floyd’s neck for almost 10 minutes as Floyd pleads”I can’t breathe.” The video will be seared into the heads of many, sparking anger and disgust. Ironically, I see cases from the perspective of a longtime defense attorney, however this one has protection points that are seldom reported but may prove critical in this trial.
The four officers charged — Chauvin, Thomas Lane, Alexander Kueng, Tou Thao — responded to a call alleging that Floyd passed counterfeit money. The very first big defense point was recorded on body-camera video as Lane spoke to Floyd, sitting at a …

Near Unanimous Supreme Court Rules Against Georgia Gwinnett College In Free Speech Victory

If Georgia Gwinnett College wanted to cultivate greater unity in its use of both”free speech zones,” it triumphed prompting a near unanimous Supreme Court in ruling against it in favour of free speech nowadays. The Court voted 8-1 that two former students should have the ability to sue for nominal or symbolic compensation to avoid mootness in their own challenges. 
For the record, I have been a longtime critic of”free speech zones” that many administrators and professors pushed to restrict the capacity of groups and individuals to speak on campus.  This situation calls for Chike Uzuegbunam, a former Georgia Gwinnett College pupil who desired to discuss his religious views with different students. He was prevented two by campus authorities in 2016 out of handing out religious literature.  He was told by the manager of the college’s Office of Student Integrity that he needed to make an application to get a license and confine his speech to 2 specified”free speech saying places.” Yet, when Uzuegbunam received a license, he was again prevented from talking because a safety office informed him that students had complained that he was disturbing the peace.
Georgia Gwinnett College seemed to grasp for some claim to keep the students from talking. It said that their speech constituted incitement akin to”fighting words.”  It then removed the policies and sought to dismiss the suits as moot. It is a frequent routine where universities will induce students or professors to proceed to court and later drop the instances when it is apparent that they might lose.
The Supreme Court has now said . Literally. Nominal damages are enough to allow citizens to litigate the lack of free speech rights.
Associate Justice Clarence Thomas wrote in Uzuegbunam v. Preczewski who”, it is undisputed that Uzuegbunam undergone a completed breach of his constitutional rights when respondents enforced their speech policies . Because’every breach [of a right] imports harm,’ nominal damages can fix Uzuegbunam’s harm even when he cannot or chooses to not measure that harm in economic terms.”
Roberts disregarded the interest in vindicating such faith and insisted that if plaintiffs requested for a buck for damages, they should only be given a buck and sent in their way:”Moving forward, the judiciary will be asked to conduct this function each time a plaintiff asks for a buck. For those who want to understand if their rights are violated, the least dangerous branch will soon grow to be the least expensive source of legal advice.”
His approach would continue to let universities and other things to avoid liability because all that has been missing was address and not something more tangible like a scooter or even a scanner.
Thomas disagreed with Roberts on the historic treatment of nominal damages by figures like Justice Story and further noted:

This rule developed in common law is unsurprising in the light of their noneconomic rights which individuals had at that moment. A contrary rule could have meant, oftentimes, that there was no treatment at all for all those rights, such as due process or voting rights, which were not readily reducible to monetary valuation. … By permitting plaintiffs to pursue nominal damages if they suffered a private legal harm, the frequent law prevented the oddity of all privileging small-dollar financial rights over important, but not easily quantifiable, nonpecuniary rights.

This is a superb choice for the vindication of free speech.
Here is the view: Uzuegbunam v. Preczewski…

Tarasoff Revisited: Nebraska Court Rejects Obligation Of Psychiatrist After Patient Murders Girlfriend

There is a tragic situation from Omaha which has resulted in a notable decision over tort liability for psychiatrists. The situation involves a patient, Mikael Loyd, who was admitted to Lasting Hope Recovery Center later he informed police he wanted their help in killing his mother. Psychiatrist Jeana Benton decided he was not a risk at the hospital and he was released. He then strangled his girlfriend, Melissa Rodriguez, who broke up with him throughout his hospital stay.  Her buddy, Angela Rodriguez and Adan Rodriguez, hailed Lasting Hope and Benton’s employer, University of Nebraska Medical Center Physicians, but the Nebraska Supreme Court affirmed the dismissal of their action due to a lack of any legal obligation to warn or protect the girlfriend.

Melissa’s body was discovered the day following the launch of Loyd, who’d returned into Lasting Hope and was arrested there. Loyd was later found incompetent to stand trial.
The ruling discusses the case of Tarasoff v. Regents of University of California, which I teach in my torts course. When she stated she wanted to date other men, Podder went into counseling in the University Health Service and can be treated with psychologist, Dr. Lawrence Moore. After he told Moore that he wanted to get a gun and kill Tarasoff, Moore delivered a letter to campus police who interviewed Podder and decided he was not a risk. Podder then went straight ahead and killed Tarasoff.
Justice Mathew O. Tobriner maintained that”… the private character of patient-psychotherapist communications has to yield to the extent that disclosure is essential to avert threat to other people. The protective privilege ends where the public peril begins” Because of this, the hospital was held liable for the criminal actions of another party — something which generally (but not necessarily ) cuts off proximate causation. In addition, it rejects powerful arguments made by physicians that such accountability could create a chilling affect on counseling. A great number of individuals frequently express their anger by focusing on people and stating an intent to”kill that man.” In the vast majority of such circumstances, the open disclosure is addressed and defused. But if the patient understands that the doctor might need to tell authorities, such feelings are less likely to be expressed and addressed.
We’ve discussed conclusions stretching Tarasoff. But some states have passed legislation limiting its effect. Back in Nebraska, the state supreme court previously ruled in Munstermann v. Alegent Health, 271 Neb. 834, 716 N.W.2d 73 (2006) this:

[A] psychiatrist is responsible for failing to warn of and protect from a patient’s threatened violent behavior, or failing to predict and warn of and protect from a patient’s violent behavior, once the patient has conveyed to the psychiatrist a significant threat of bodily violence against himself, herself, along with a reasonably identifiable victim or victims. The obligation to warn of or to take reasonable precautions to provide protection against violent behavior will arise only under those limited situations… and will be discharged by the psychiatrist if reasonable attempts are made to communicate the threat of the victim or victims and to your law enforcement agency.

It later added the caution that “`[A] duty to protect and warn arises only if the information carried to the psychiatrist leads the psychiatrist to believe his or her patient poses a significant threat of grave bodily injury .'”
In cases like this, the court ruled that burden was not satisfied.  The court distinguished between the obligation to the mother Instead of the girlfriend:

Here, it’s uncontroverted that Loyd never actually communicated to Benton he intended to harm Melissa. We noted in …

New York Colleges Under Fire Following Targeting Conservative Students and Groups

We have been discussing how universities are remaining silent as Pupil governments Restrict rights of free speech and association, including the impeachment of conservative students.   

At Rochester Institute of Technology, the student government has impeached student Senator Jacob Custer for protecting campus police officers wearing Thin Blue Line masks. In the controversies, there are reviews or appeals being pursued but pupils were exposed to weeks of abusive campaigns for the practice of the free speech and associational rights.
Skidmore has been formerly in the news for a campus with a growing anti-free speech movement, such as an unsuccessful attempt to flame academics for attending a police rally. There’s a growing danger to free speech posed by student authorities curtailing free speech under the guise of all self-governance.  For some schools, pupil governments can achieve indirectly what they can’t legally or politically accomplish right.
That threat is evident in the account of Hannah Davis of the way she had been the topic of a campus effort and request to stop her founding a YAL chapter.
Additionally, it maintained that”Skidmore has come to be increasingly hostile to BIPOC (Black, Indigenous and people of color) and marginalized pupils. It’s no coincidence that this bar is being proposed following months of bold activism with students of color.”
Connor’s statement is disappointingly vague. He further added:

“These fundamental rights apply to all, regardless of political conduct or other gaps, such as beliefs and perspectives. The rare exception is hate speech, where violence is obviously the goal, which would not be tolerated within our neighborhood.

There’s nothing that someone could object to in that statement but also little worth copying. YAL is obviously a very conservative organization that’s involved in both academic and political events.  The question is whether Connor could have been proactive and clear if this had been a campus attempt to ban other more popular groups. Connor reported that the conservative pupils could appeal but universities will need to speak early and strongly in support of free speech and associational rights in these controversies.
In attacks on academics, we have also seen a sharp difference in the level of support voiced by university officials depending on the content of the viewpoints. Indeed, we have seen colleges refuse to apologize if they efficiently fueled false allegations.
When conservative school or controversial speakers are all targeted, few officials or fellow professors have stepped forward to denounce these campaigns. The exact same isn’t true when controversies have arisen for statements on the left. We have been talking efforts to fire professors who voice dissenting views on several issues including an attempt to oust a major economist in the University of Chicago as well as a top linguistics professor at Harvard and a literature professor at Penn.. Websites including Lawyers, Guns, and Money include authors like Colorado Law Professor Paul Campus who call for the firing of those with opposing viewpoints (like myself).  Such campaigns have targeted instructors and pupils who contest the evidence of systemic racism in using deadly force by authorities or provide other conflicting perspectives in current debates within the pandemic, including reparations, electoral fraud, or other issues.
Over at RIT, the pupils went the impeachment route to punish opposing viewpoints. The controversy arose in late January and pupils sought to impeach Custer because of his discussions on the student administration’s messaging program in support of a campus officer who wore a Thin Blue Line confront mask. This has been a controversy on other campuses where a few symbols are favored while some are disfavored.  For free speech advocates, the issue isn’t the inherent …

Texas Man Requires BMW Loaner To Bank Robbery Then Returns Into The Trader And Tries To Buy It Together With The Stolen Money

We frequently talk alleged offenses committed with bizarre or baffling elements.  Even in that company, Eric Dion Warren is a standout.  He got a loaner car in the BMW dealer, driving the car to a bank robbery, and then driving back to the dealer and trying to use the stolen bank money for the downpayment on the car. He definitely took the motto”Sheer Driving Pleasure” a tad too far.

Warren borrowed the car in the Wolfforth, Texas trader in the summer of 2019 before allegedly he driving the vehicle over to the bank along with handing over a fast-food bad and a note reading”That really is a f—- robbery. Play together and perish. I need $10,000 in 50 and 100 dollar bills you now got 1 minute or I shall kill you.”  Then he pulled what looked like a gun and repeated the demand.
Then he return to Wolfforth bank and displayed the cash and asked to buy the car with $3000 downpayment. That was only 15 minutes after the robbery but an employee had received a call regarding the robbery. The automobile called authorities and Warren reportedly confessed.  The $5,000 matched the serial numbers of the stolen money and he was found having a pellet gun.
What’s intriguing is that”aggravated robbery” in Texas requires a”lethal weapon” but also allows a fee if the offense”puts another person in fear of imminent bodily harm or death”:

Sec. 29.03. AGGRAVATED ROBBERY. (a) A person commits an offense if he commits robbery as defined in Section 29.02, and he
(1) causes serious physical harm to a person;
(2) uses or exhibits a deadly weapon; or
(3) causes physical harm to another person or threatens or places another person in fear of imminent bodily harm or death, if another person is:
(A) 65 years of age or older; or
(B) a disabled person.
(b) An offense under this section is a felony of the first degree.
(c) In this section,”disabled person” means an individual having a mental, physical, or psychological disability who is substantially unable to protect himself from harm.
Jan. 1, 1974. Amended by Acts 1989, 71st Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

In this case, law enforcement could allege that the flashing of the gun fulfilled that the second element for the higher charge.
What’s clear is that if he was driving”the ultimate driving machine,” Eric Dion Warren isn’t the ultimate driving criminal.
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Tarasoff Revisited: Nebraska Court Rejects Duty Of Psychiatrist After Patient Murders Girlfriend

There’s a tragic situation out of Omaha that has led to a remarkable decision over tort liability for psychiatrists. The situation involves a patient, Mikael Loyd, who had been admitted to Lasting Hope Recovery Center after he told authorities that he wanted his aid in killing his mum. Psychiatrist Jeana Benton decided that he wasn’t a danger at the hospital and he was released. Then he murdered his girlfriend, Melissa Rodriguez, who broke up with him throughout his hospital stay.  Her parents, Angela Rodriguez and Adan Rodriguez, hailed Lasting Hope along with Benton’s employer, University of Nebraska Medical Center Physicians, but the Nebraska Supreme Court affirmed the dismissal of this action Because of a lack of any legal duty to warn or protect the girlfriend.
Melissa’s body was discovered the day after the launch of Loyd, who had returned to Lasting Hope and was detained there. Loyd was afterwards found incompetent to stand trial.
At the 1974 case, Prosinjit Podder, an Indian school student at Berkeley, fell in love with Tatiana Tarasoff. When she stated that she wanted to date other guys, Podder went to counselling in the University Health Service and is treated by psychologist, and Dr. Lawrence Moore. After he told Moore that he wanted to find a gun and kill Tarasoff, Moore sent a letter to campus authorities who informed Podder and determined that he wasn’t a danger. Podder then went ahead and killed Tarasoff.
Justice Mathew O. Tobriner held that”… the confidential character of patient-psychotherapist communications must return to the extent that disclosure is necessary to avert threat to others. The protective privilege ends where the public peril begins” Consequently, the hospital was held accountable for the criminal actions of a third party — something that generally (although not necessarily ) cuts proximate causation. In addition, it rejects strong arguments made by physicians that such liability would create a frightening effect on counselling. A high number of individuals often express their rage by focusing on individuals and stating an intent to”kill that man.” In the vast majority of these circumstances, the open disclosure has been addressed and defused. But if the patient knows that the doctor might have to tell authorities, these feelings are less likely to be expressed and addressed.
We’ve discussed decisions stretching Tarasoff. But some states have passed laws limiting its effect.

[A] psychologist is liable for failing to warn of and protect from a patient’s threatened violent behavior, or neglecting to predict and warn of and protect from a patient’s violent behavior, when the patient has communicated to the psychiatrist a significant threat of physical violence against himself, herself, or a reasonably identifiable victim or victims. The duty to frighten or to take sensible precautions to give protection from violent behavior will arise only under these limited cases… and will be discharged from the psychiatrist if reasonable efforts are designed to communicate the danger to the victim or victims and also to your law enforcement agency.

It afterwards added the clarification the “`[A] duty to protect and warn arises only if the information communicated to the psychiatrist directs the psychiatrist to believe that his or her patient poses a significant threat of grave bodily harm .'”
In this case, the court ruled that that burden wasn’t satisfied.  The court distinguished between the duty to the mother Instead of the girlfriend:

Here, it is uncontroverted that Loyd never actually communicated to Benton that he intended to damage Melissa. We noticed in Rodriguez I that if the Special Administrators’ claim were supported by facts that Loyd had hauled to Benton a significant threat of …

Tarasoff Revisited: Nebraska Court Rejects Obligation Of Psychiatrist After Patient Murders Girlfriend

There is a tragic case from Omaha that has resulted in a remarkable decision over tort liability for psychiatrists. The case involves a patient, Mikael Loyd, who had been admitted to Lasting Hope Recovery Center later he told authorities that he wanted his aid in killing his mum. Psychiatrist Jeana Benton determined that he wasn’t a danger at the hospital and he had been released. He then murdered his girlfriend, Melissa Rodriguez, who broke up with him during his hospital stay.  Her parents, Angela Rodriguez and Adan Rodriguez, sued Lasting Hope and Benton’s employer, University of Nebraska Medical Center Physicians, however the Nebraska Supreme Court affirmed the dismissal of the action Because of a lack of any legal duty to warn or protect the girlfriend.
Melissa’s body has been discovered the day after the launch of Loyd, who’d returned to Lasting Hope and had been detained there. Loyd was afterwards found incompetent to stand trial.
The opinion discusses the case of Tarasoff v. Regents of University of California, which I teach in my torts class. When she said that she wanted to date other guys, Podder went to counseling in the University Health Service and can be treated with psychologist, Dr. Lawrence Moore. After he told Moore that he wished to get a gun and kill Tarasoff, Moore delivered a letter to campus authorities who interview Podder and decided that he wasn’t a danger. Podder subsequently went straight ahead and murdered Tarasoff.
Justice Mathew O. Tobriner maintained that”… the confidential character of patient-psychotherapist communications has to yield to the extent that disclosure is imperative to avert danger to other people. The protective privilege ends where the public peril begins.” As a result, the hospital has been held accountable for the criminal acts of a third party — a thing that generally (but not necessarily ) cuts proximate causation. It also rejects powerful arguments made by doctors that such accountability would create a chilling affect on counseling. A significant number of patients often express their rage by focusing on people and stating an intent to”kill that man.” In the vast majority of such situations, the open disclosure has been addressed and defused. But in the event the individual understands that the physician will have to tell authorities, such feelings are not as likely to be expressed and dealt with.
We have discussed conclusions stretching Tarasoff. But some states have passed laws limiting its effect. In Nebraska, the state supreme court previously dominated in Munstermann v. Alegent Health, 271 Neb. 834, 716 N.W.2d 73 (2006) that:

[A] psychologist is responsible for failing to warn of and protect from a patient’s threatened violent behavior, or failing to call and warn of and protect from a patient’s violent behavior, when the patient has conveyed to the psychiatrist a severe threat of bodily violence against himself, herself, along with even a reasonably identifiable victim or victims. The duty to frighten or to take reasonable precautions to provide protection against violent behavior shall arise only under those limited cases… and shall be discharged by the psychiatrist if reasonable efforts are made to communicate the threat of the victim or victims and also to some law enforcement agency.

It afterwards added the clarification the “`[A] duty to warn and protect arises only in the event the data conveyed to the psychiatrist leads the psychiatrist to believe that their individual poses a severe risk of grave physical harm to another.'” Rodriguez v. Catholic Health Initiatives, 297 Neb. 1 , 899 N.W.2d 227, 239 (2017).
In cases like this, the court ruled that that burden wasn’t satisfied.  The court …

Piers Morgan Put Under Investigation After That He Would Not Believe A Word of Meghan Markle’s Interview

I’ve admitted to being one of the few individuals apparently on planet Earth with little interest from the Royal household or the continuing travails of Prince Harry and Meghan Markle.  (No, I did not even tune into the marriage ).  However, the policy is currently pulling some of us to this vortex with legal and media developments. One such dilemma appeared this week following Piers Morgan, that the co-host of ITV’s”Good Morning Britain who has now resigned from the show,” committed the apparently unpardonable sin of declaring on air that he didn’t”believe a sentence” of exactly that which Markle informed Oprah in her recent interview. Markle herself filed a complaint with ITV. It’s another example of the way the rights of the free press and free speech are under assault in the United Kingdom.

Morgan has long been a critic of Markle and received global attention this week by abruptly burning the show’s place at a sharp exchange using a co-host Alex Beresford  who criticized his own comment:”I know you don’t like Meghan Markle, you have made it so clear numerous times on this program, a number of occasions. And I know that you have got an exclusive relationship with Meghan Markle, or else you had one. And she cut off you. She’s eligible to cut off you, when she wishes to.”
That place off Morgan who interrupted and walked after declaring”OK, I’m done for this.”
Since Markle described psychiatric (and potentially suicidal) problems during her time at the palace, Morgan’s remarks were accepted by some as dismissive of these crises. Morgan seemed to comprehend that if he returned to the set and state:

“Let me just state for the record on my place on mental illness and also on suicide. All these are clearly extremely serious things and needs to be taken extremely seriously and when someone is feeling which way they should get the treatment and the aid they want every moment. And should they belong to an establishment such as the royal household and they also go and find that help they need to absolutely be given it. It’s not for me to wonder if she felt suicidal, I am not in her thoughts and that’s for her to mention. My real concern was a pity frankly… she went to a senior member of the royal household and informed them she was suicidal and told she could not have any help since it’d be a bad look for your household. If that’s true a) which person should be fired and b) the imperial household have serious questions which need to get answered.”

After the show, Morgan was effectively fired. Consider that complaint for another. She filed a criticism as a media personality said that he didn’t believe her. ITV then later revealed Morgan the doorway.
An individual can clearly disagree with that take but one would believe the matter would be left to broader debate.  But, people immediately achieved to Ofcom to require punitive action against Morgan for expressing his own views. Ofcom then announced a formal evaluation”to Monday’s episode of’Good Morning Britain’ below our harm and exemptions rules.”
The Ofcom Section 2 rule is undefined and abstract:

Principle
To make sure that generally accepted standards are applied to the content of television and radio services so as to offer sufficient protection for all members of the general public in the inclusion in the services of damaging or offensive substance.
Rules
Generally Accepted Standards
2.1: Usually accepted standards must be put on the contents of television and radio solutions and BBC ODPS so as to offer sufficient …

Tarasoff Revisited: Nebraska Court Rejects Obligation Of Psychiatrist After Patient Murders Girlfriend

There’s a tragic case out of Omaha that has resulted in a remarkable decision over tort liability for psychiatrists. The case involves a patient, Mikael Loyd, who was admitted to Hope Recovery Center later he informed authorities that he wanted their help in killing his mother. Psychiatrist Jeana Benton determined that he wasn’t a danger at the hospital and he was released. Then he murdered his girlfriend, Melissa Rodriguez, who broke up with him during his hospital period.  Her buddy, Angela Rodriguez and Adan Rodriguez, resisted Lasting Hope and Benton’s employer, University of Nebraska Medical Center Physicians, however the Nebraska Supreme Court affirmed the dismissal of their action Because of a lack of any legal duty to warn or protect the girlfriend.
Melissa’s body has been discovered the day following the launch of Loyd, who’d returned to Lasting Hope and was arrested there.
When she stated that she wanted to date other men, Podder went to counselling at the University Health Service and is treated by psychologist, and Dr. Lawrence Moore. After he told Moore that he wished to get a gun and kill Tarasoff, Moore sent a letter to campus authorities who interview Podder and decided that he wasn’t a risk. Podder subsequently went ahead and murdered Tarasoff.
Justice Mathew O. Tobriner held that”… the private character of patient-psychotherapist communications has to yield to the extent that disclosure is important to avert danger to others. Because of this, the hospital has been held accountable for the criminal acts of a third party — a thing that usually (although not always) cuts off proximate causation. It also rejects strong arguments made by physicians that such accountability could create a chilling affect on counselling. A large number of individuals frequently express their anger by focusing on people and stating an intent to”kill that guy.” In the vast majority of these scenarios, the open disclosure has been addressed and defused. But in the event the patient understands that the physician might have to notify police, these feelings are less inclined to be expressed and dealt with.
We have discussed decisions stretching Tarasoff. But some countries have passed legislation restricting its effect. In Nebraska, the state supreme court previously dominated in Munstermann v. Alegent Health, 271 Neb. 834, 716 N.W.2d 73 (2006) that:

[A] psychologist is responsible for failing to warn of and protect from a patient’s threatened violent behavior, or neglecting to call and warn of and protect from a patient’s violent behavior, when the patient has communicated to the psychiatrist a significant threat of physical violence against himself, herself, along with even a reasonably identifiable victim or victims. The duty to warn of or to take reasonable precautions to give protection against violent behavior shall arise only under those limited situations… and shall be discharged by the psychiatrist if reasonable efforts are made to convey the danger to the victim or victims and also to a law enforcement agency.

It afterwards added the caution “`[A] duty to protect and warn arises only in the event the data communicated to the psychiatrist directs the psychiatrist to feel that his or her patient poses a significant threat of grave bodily harm .'”
In cases like this, the court ruled that that burden wasn’t satisfied.  The court differentiated between the duty to the mother Instead of the girlfriend:

Here, it is uncontroverted that Loyd never really communicated to Benton that he intended to damage Melissa. We noticed in Rodriguez I that if the Special Administrators’ assert were supported by facts that Loyd had communicated to Benton a significant threat of physical violence against Melissa, …

Res Ipsa Hits 49,000,000

This morning, we passed the 49,000,000 markers in opinions on the blog. We’re continuing to experience a spike in audiences. 2020 has been a record year in terms of traffic and 2021 is exceeding the previous calendar year. The blog continues to grow with new routine commenters and also a growing international readership. We thank our loyal readers that return every day to discuss contemporary political, legal, and occasionally odd stories. We’ve used these moments to give thanks to our many ordinary readers around the world and offer you an idea of the current profile of subscribers around the site. We are still rank with the top legal sites on earth. As always, I need to offer exceptional thanks to Darren Smith who’s continued to help manage the blog and help out people who encounter posting issues.
So this is our profile:
This morning, we have over 19,653 articles. Together with the meltdown at Twitter, we found a remarkable drop in Twitter subscribers as a large number of folks have boycotted the company over its censorship policies. Nevertheless, we are slowly picking up Twitter subscribers again.
In the past 90 days, our ten biggest global sources for subscribers came from:
1. United States
2. United Kingdom
4. France
6. European Union
8. Japan
9. Italy
10. Netherlands
The top five posted in terms of readership in the past 90 days have been:
1.    The Case Against Retroactive Impeachments: A Reply.
2.  D.C. Attorney General Looks Into Arresting Trump and Additional
3. Why is Eric Swalwell The Answer On Trump’s Prayers
4. Professor Calls For The Elimination Of Republican Party
5. CNN’s April Ryan Strikes At Reporters
Thanks to all our everyday commentators. We stay an incredibly broad and varied body of commenters from other parts of the planet and various political and societal backgrounds. Thank you again.
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Baltimore Student Who Allergic All But Three Courses In Four Years Were Ranked In Top Half Of His Course

As teacher unions struggle to keep schools closed, and the true cost is being felt by students that are racking up falling grades, falling out of virtual classes, increasing drug use, as well as in rising amounts, committing suicide.  In conclusion, some union officials like the President of the Los Angeles Teacher’s Union has labelled calls to return to course examples of white privilege despite overwhelming science supporting resumption of classes. However, for minority students, this shutdown has really accepted a dire situation and turned into a free-fall catastrophe. The pandemic resulted in the close of an already failing public school program, as evident at a shocking narrative from Baltimore. As lately a high school pupil nearly graduated near the top half of the course after failing every course but three in four years. He’s got a 0.13 GPA.  His mom finally went people in exasperation with all the failures from the public universities.
Tiffany France is understandably upset. She’s a mom of three who works three jobs to support her family. She was never told that her son failed 22 classes and was late or absent 272 days over his first few years of high school.
France ultimately had to pull her son from the college and enrolled him at an accelerated program allowing him to graduate in 2023.
For years, we have spent huge amounts of money in college districts such as Washington, D.C. and Baltimore since such cities and their leaders have failed to address such failures. Still, there’s no accountability for its educational and political leaders in those cities.
In the meantime, college officials seem intent on forcing top performing students from their systems in Boston, New York and other cities in which innovative applications are becoming shutdown or suspended. Mayor Bill deBlasio proclaimed that public universities are a way to redistribute wealth as students continue to neglect each level in the system.  These officials, such as a current congressman, assault standardized tests as racist as opposed to make actual progress to increase performance on these tests for these kids.
Baltimore is frequently rated in the top three per capita spending districts. The whole budget for Baltimore public colleges is $1.2 billion. This is for a town with a whole population of approximately 600,000 (The greater Baltimore metropolitan region is currently 2.8 million). At 2015, the college population was 84,000 children.
Based on a 2019 study, more than half of those New York City people schoolkids cannot handle standard math or English.  On tests, Asian children shows a  74.4 percent proficiency in math with a 66.6 proficiency for whites, a 33.2 percent proficiency for Hispanics, and a 28.2 percent proficiency for most African Americans.  Thus, over two third of African American children were not able to manage standard math in a school program with among the greatest per capita expenses for students in country. Therefore, public schools might be a vehicle for deBlasio to”redistribute wealth” but he is not distributing learning or education to those who want it the most.
In Washington, using the greatest per capita spending on students, education officials”celebrated” a small development of scores at 2019. On the other hand, the scores would make most men and women cringe.  Just 21.1 percentage of black students were proficient in math (compared to 78.8% for white students).
Both revealed drops. Paradoxically, the gap marginally narrowed due to white students falling in dents. However, in the eighth grade, just 12.1 percent of black students were advanced or proficient in English. There was as 30 point difference for black students.
In the meantime, the pandemic has caused …

Close Unanimous Supreme Court Rules Against Georgia Gwinnett College In Free Speech Victory

In case Georgia Gwinnett College desired to nurture greater unity in its usage of”free speech zones,” it triumphed prompting a near unanimous Supreme Court in ruling against it in favour of free speech nowadays. The Court voted 8-1 two former pupils ought to be able to sue for nominal or symbolic compensation to avoid mootness on their challenges.  Just Chief Justice John Roberts stood against the ability of both former pupils to sue through the loss of free speech rights.
This case calls for Chike Uzuegbunam, a former Georgia Gwinnett College student who desired to discuss his spiritual views with different pupils. He had been prevented two by campus authorities in 2016 out of handing out religious literature.  He had been advised by the director of the college’s Office of Student Integrity he needed to apply to get a license and restrict his speech to 2 designated”free speech expression places.” However, when Uzuegbunam received a license, he was again prevented from speaking because a safety office informed him that pupils had complained that he had been disturbing the peace. Another student also claims to have been prevented by speaking under the coverages and allowing.
Georgia Gwinnett College seemed to grasp for some claim to keep the students from speaking. It first said that their speech constituted incitement similar to”fighting words”  It then removed the coverages and sought to dismiss the lawsuits as moot. It is a frequent routine where universities can force students or professors to proceed to court and then later drop the instances when it is clear that they might lose.
The Supreme Court has now said enough. Literally. Nominal damages are sufficient to enable taxpayers to litigate the loss of free speech rights.
Associate Justice Clarence Thomas wrote in Uzuegbunam v. Preczewski that”, it is undisputed that Uzuegbunam experienced a completed violation of his constitutional rights when respondents enforced their address policies against him. Because’every violation [of a right] imports harm,’ nominal damages may redress Uzuegbunam’s harm even when he cannot or chooses not to quantify that injury in economic terms.”
Roberts dismissed the interest in vindicating such faith and insisted that when plaintiffs asked for a buck for damages, they ought to just be given a buck and sent on their way”Going ahead, the judiciary is going to be required to execute this function every time a plaintiff requests for a buck. For people who would like to know whether their rights are violated, the least dangerous branch will soon become the cheapest source of legal advice.”
His approach would continue to permit schools and other entities to avoid liability because all that was missing was address rather than something more tangible like a scooter or even a scanner.
Thomas disagreed with Roberts on the historic treatment of nominal damages by characters such as Justice Story and further noted:

This rule developed in common law is unsurprising in the light of the noneconomic rights which individuals had at that time. A contrary rule could have meant, in many cases, there was no remedy at all for those rights, such as due process or voting rights, which weren’t readily reducible to financial valuation. … By allowing plaintiffs to pursue nominal damages whenever they endured a personal legal injury, the frequent law prevented the oddity of privileging small-dollar financial rights over important, but not easily quantifiable, nonpecuniary rights.

This is a excellent choice for your vindication of free speech.
Here’s the comment: Uzuegbunam v. Preczewski
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“Important” Obligation or One Free Bite? Biden Send Dogs Back into Delaware After Biting Incident

Assuming the incident was a dog-bites-guard as opposed to a guard-bites-dog incident, the question is if this is really a”Important” liability issue. If nothing else, it enables me to speak about 2 of my favorite subjects: puppies and torts.
As many of you know, I’m a dog enthusiast and celebrated the return of puppies into the White House together with Champ and Major. I could never comply with the Trump White House sans dogs.
This is not the first such dog scratching instance. Most recently, the Obama’s dog, Sunny, bit a tourist and really drew blood.
It’s frequently said that the every dog gets one free bite in American torts. On the other hand, that the”one free bite principle” is a generally misunderstood torts doctrine — suggesting that you aren’t subject to strict liability before the first time your dog bites someone. In fact, you are subject to strict liability whenever you understand or have reason to be aware of these vicious propensity of the animal. That can be satisfied by behavior such as regular snapping or competitive behaviour. Really, that has been the proof used in the famous case from San Francisco involving lawyers and puppy owners Marjorie Knoller and Robert Noel. They were found both criminally and civilly accountable after their two Presa Canario dogs killed apartment neighbor Diane Whipple. Many neighbors complained about the dogs, and also the couple endured from a convict. Three times following Whipple’s death, the couple adopted Schneider as their son. The dogs hadn’t bitten anybody but were understood to be competitive.
Major was first adopted in November 2018 in an animal shelter.
Accounts indicate that he has been displaying aggressive behaviour including charging and barking at White House staff and safety. That could negate any requirement for an actual bite since it could be alleged that Major’s vicious propensity is known or should have been known to the Bidens.
Still, the Obama incident was really presented a greater liability issue as it involved a tourist. A worker could file for worker’s compensation but may have waiver issues on bringing an immediate tort action. The safety covers the personal family, including Major, though fortunately non-canine relatives have never been known to bite employees.
Presumably, the Bidens will avoid the scandal of Franklin Delano Roosevelt who accidentally left Fala supporting while visiting the Aleutian Islands. He was accused by Republicans of sending Navy destroyer, at a taxpayer expense of up to $20 million, to retrieve the dog. FDR went people to say that Fala”resented” the disparagement of the standing.  It seems that the Biden used traditional ground transportation to take the puppies to their own Delaware Elba.

In the Obama narrative, I was most interested in potential congressional hearings where another Obama dog might flip on Sunny to incriminate him. As Champ, the older puppy, was sent”up the river” with Important and may harbor some bitterness. Yet, I anticipate Champ is likely to stick with his fellow German Shepherd. Besides they are being whisked from the town before any congressional investigators appear with snacks and subpoenas.

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Is Eric Swalwell The Answer On Trump’s Prayers?

Swalwell simply filed a criticism that could end up being the vindication that Trump has long sought at the riot from the Capitol on January 6th.
Here is the column.
French philosopher Voltaire said he had only 1 prayer in existence –“O Lordmake my enemies ridiculous” — and it was uniformly granted by God. The response to Donald Trump’s prayers may be Rep. Eric Swalwell (D-Calif.) . It isn’t because of Swalwell’s relationship with a Chinese agent or the eccentric defenses of himincluding one Democrat insisting he deserved the Medal of Honor.
Swalwell’s 64-page complaint against Trump — together with son Donald Jr., Rudy Giuliani, along with Rep. Mo Brooks (R-Ala.) — alleges two counts for relief, even from negligent psychological distress endured by Swalwell to negligence from the”incitement to riot.” One may think this would be a lead-pipe cinch of a situation. In the end, an collection of legal experts has insisted for weeks that this was clear criminal incitement, not an exercise of free speech. As a civil lawsuit, it should be much easier to win, because the standard of proof is lower for civil cases.
Yet, for more than four decades, several of these very same experts claimed a lengthy list of”obvious” offenses by Trump that were not prosecuted or utilized as a foundation for impeachment. Likewise, despite comparable statements of criminal incitement, approximately three weeks have passed with no criminal complaint against Trump. Yet any such prosecution probably would collapse at trial or on appeal, and individuals like Racine aren’t eager to prove Trump’s case.
Input Swalwell, who has long exhibited a willingness to rush in where more fortunate Democrats fear to float, with what might be his costliest misstep yet.
To begin with, his lawsuit will induce a court to find out whether the defendants’ addresses were protected political speech. As if to guarantee failure, Swalwell picked the very tort — psychological distress — that has been previously rejected by the Supreme Court.  In 2011, the court ruled 8-1 in favour of Westboro Baptist Church, a notorious group of zealots who participated in homophobic protests at the funerals of murdered American troops. In rejecting a lawsuit against the church on constitutional grounds, Chief Justice John Roberts wrote:”speech is powerful. It may stir people to action, move them into tears of both joy and sorrow, and — because it did here — inflict great pain. But, before uswe cannot react to that pain by alerting the speaker” Roberts distinguished our country from hateful statistics such as the Westboro group, noting that”as a nation we’ve chosen a different course — to protect much hurtful speech on public matters to ensure that we do not stifle public debate.”
Second, Swalwell should demonstrate that Trump has been the factual and legal cause of the claimed injuries. Swalwell and others have explicitly argued that, if not to Trump, the riot wouldn’t have occurred. However a trial will permit the shield to offer”superseding rotational forces” on that question — functions of others that may have caused or contributed to the breaching of this Capitol. A court could rule that Trump was not that the”but for” cause of this riot before getting to any lawful causation or constitutional questions.
Now, facts have surfaced that implicate Congress itself from the failure to take adequate precautions against rioters, despite advance warnings. Former House officials claimed an FBI warning had been delivered only in an email, a day before the riot — but FBI Director Christopher Wray has testified that a warning of plans to storm the Capitol had been delivered on every one of …

American and South Korean Professors Fight For Academic Freedom In Controversy Over “Comfort Women” Publications

We’ve been following assaults on academic freedom not only just in the United States in recent years but overseas in the past few years. This includes a researcher at Sweden who recently ceased Covid study after a harassment campaign due to his findings of this very low hazard poised by kids returning to college. Back in South Korea, another such battle is waging above a publication by J. Mark Ramseyer, the Mitsubishi Professor of Japanese Legal Studies at Harvard Law School, implying Korean”comfort women” in World War II were likely contracted, and never forced, by the Japanese army. It is a concept that’s understandably outrageous and hurtful for all. Ramseyer’s writings are denounced as well as cities such as Philadelphia have handed condemnations of the work. Furthermore concerning is that the attempt to shoot Ramseyer or bar the book that ran his concept. Now South Korean faculty who stood up for academic freedom are being targeted, though they did not write in support of Ramseyer’s concept instead of his right to publish his views.
He caused an uproar having an op-ed at a Japanese newspaper describing the”comfort-women-sex-slave story” as”pure fiction.”
The publications set off a firestorm in Korea where living comfort women are extended a unique nursing home and are respected as sufferers and called”halmoni”, the expression for”grandma” There are various reports of rape, beatings, and misuse of such women from several countries by the Japanese army. Even the atrocities of the Japanese throughout the war were systemic and brutal. The accounts of comfort women being pressured into sexual bondage is consistent with this record and is widely accepted by historians. However, Professor Ramseyer sought to provide a contrary view that lots of women may have been consensual sex employees and published his study from International Review of Law and Economics.
The International Review has refused to take down the content despite a campaign for this removal — and currently a campaign for academic databases to ban the diary itself for refusing to delete the article. When you go to the webpage of this diary, You’re satisfied with this warning:

These claims are currently being investigated and the International Review of Law and Economics will provide additional information as it becomes available.”

The abstract of this article entitled”Contracting For Gender at The Pacific War” explores how the”dynamics” of situation reflected “`credible commitments’ so basic to elementary game theory.”  It is clinical in its own economic evaluation and places the issue in purely contractual terms:

Realizing the brothel owners had an incentive to exaggerate their potential earnings, the women demanded a huge portion of their pay upfront. Realizing that they were headed to the war zone, they demanded a rather short maximum term. And recognizing that the women had an incentive to shirk, the brothel owners demanded a contractual structure that gave women incentives to work hard. To meet those superficially contradictory demands, the women and brothels concluded indenture contracts that coupled (I) a massive advance with one- or two-year highest provisions, with (ii) an ability for the women to leave early should they generated sufficient revenue.

There were prior researchers who have suggested that some women were not pressured but contracted from the Japanese.  Most academics reject such statements and insist that both these women were pressured sex employees. Critics have attacked the article since”denialism” and others have insisted it isn’t based on hard analysis or documentation. That is the type of debate that needs to have the ability to waged between professors without calls for conclusion or exposing whole journals. My interest isn’t with the virtues but right of …

“Vial Of Death”: Farrakhan’s Anti-Vaccine Statements Expose The Fallacy Of Internet Censorship Policies

We have been talking the enlarged censorship online and the threat to both free speech and free press rights. The expanding censorship of the web continues to show regeneration and bias as Democratic members push “strong modification” to silence opposing views of everything from climate change to social justice. A fresh controversy shows the contradictions as people spread the bogus promises of Rev. Louis Farrakhan the Covid-19 vaccines are now the”vial of passing ” The ongoing distributing of his views indicates that speech such as water has a means of finding a way out, even false and hateful address.
We have previously discussed Farrakhan’s absurd and dangerous views in addition to businesses like Facebook blocking him.  His perspectives will, naturally, be discussed with tens of thousands of the followers. His most recent diatribe is a good illustration. Farrakhan listed a movie late last month during the Nation of Islam’s annual Saviours’ Day conference, that remained accessible via Twitter, Facebook and YouTube  in which he called the vaccine proved to be a”vial of passing ” He declared”it is death itself” and compared it to the Kool-Aid in the Jim Jones mass-death tragedy in Guyana in 1978. He promised that”[b]y rushing so quickly to find something out, bypassing regular measures in a genuine vaccine, now God is going to turn your vaccine to death in a rush.”
Besides people submitting his views or his address, Farrakhan’s words are also carried in news posts and general coverage. Consequently, these businesses are censoring direct mailings but the concept is still getting out.  The reason is that this really is news and individuals want to share it.  While censors think that people should adhere to their view of what can and cannot be discussed, there’s a continuing desire of many to make that decision for themselves.
Democrats are pushing for greater censorship along the lines of Europe regardless of the utter collapse of such policies in Europe. Germany has shown the fallacy of changing minds through endangered prosecution.   While I am certainly sympathetic to the Germans in trying to end the scourge of fascism, I have long been a believer of the German laws banning certain phrases and symbols, I view it as not just a breach of free speech but also a futile effort to stamp however extremism by barring certain symbols. Rather, extremists have rallied around a subterranean culture and adopted symbols which closely resemble those prohibited by the authorities. I fail to see how exactly does a man to get a Hitler ringtone is achieving a significant degree of deterrence, even if you ignore the free speech implications.
The Best impact in Germany hasn’t been on the reduction of hate speech but also the reduction of free speech.   We discussed how decades of anti-free speech coverages in Germany have decreased the expectations of taxpayers in that country to the degree of the authoritarian regime.
This is clearly a dangerous message for his followers but they will find the message in a variety of ways, including direct communications in the Nation of Islam. Rather than adopting censorship, we can let him talk freely and use our own free speech to cancel his concept of ignorance and hate. We are creating a huge apparatus for personal censorship in this country which will succeed in quitting free speech but not false or hateful address.  Farrakhan’s largest threat to the country isn’t as an influential leader but as a justification for censorship.  We don’t need free speech values to protect popular speech or favorite people.
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Pacific University Professor Suspended After Sharing Story About Drag Bar In New Orleans

The narrative was a narrative shared to get a pedagogical intent. While this story appears to have become the impetus for its initial action against Dr. Paxton, he was also accused of stating that”every person has a sex”  and additional references. The situation is very similar to other recent controversies in which professors have been suspended and subject to extended diagnoses without a transparent basis for such actions.
The major complaint against Dr. Paxton was the narrative that he shared within a class on cognitive growth and specifically Jean Piaget’s”schema concept”  The concept has been explained the following way:

Schemas are groups of information stored in memory. A schema contains groups of related memories, concepts or words. This grouping of matters acts as a cognitive shortcut, which makes storing new things on your long-term memory and recovery of them much quicker and more efficient.

The concept implies that human conduct and behavior relies on these groupings of routines and notions from our own life experiences. Paxton shared his response to the pub for instance. He and his buddies entered what they believed was a normal pub when they slowly realized that it was a pub featuring the”World’s Greatest Female Impersonators.”  They left.
When there was a complaint, Paxton resisted an alleged confrontational call with Yruegas and another official. The letter to Fox New’s John Roberts was reprinted on the website that the College Repair.

The letters from counsel and the university sign that four students also cited his remarks about race, including that Jews funded the Revolutionary War, and an observation that women do not wear bags”just like they used to.”
He is a tenured professor who was allegedly driven by Yruegas to quantify. He says that he was subject to a unrelenting campaign and people humiliation, causing him to sell his house and cope with depression. He is now preparing a litigation. In addition, he filed a complaint with the federal Equal Employment Opportunity Commission for age discrimination.
The suspension contravenes his status as a tenured professor in addition to fundamentals of academic freedom, according to the AAUP letter.
American Association of University Professors letter to Pacific University by The College Repair on Scribd

The answer from the University appears little more than a shrug and a type of”these things take time” defense. There’s notably no result of the claims that Paxton had been driven to resign or he would be subjected to a Title IX investigation.

As we have previously discussed, these public and long suspensions (like the one involving a John Marshall law professor lately ) do not need to succeed in termination to have a chilling effect on other academics.  Few professors could hazard what’s now forthcoming six months of suspension and public humiliation. Rather, many will return to what the perceive would be the demands of the majority in their own research and teaching.
All these controversies raise questions on how address regulations have been enforced in controversies involving language on or off campus. We’ve previously discussed the issue that academics are allowed (correctly) to voice extreme viewpoints on social justice and police misconduct, however that there is less tolerance for the voicing of opposing views on these topics.  There were also such an incident in the University of London involving Bahar Mustafa as well as one involving a University of Pennsylvania professor. Some intolerant statements against students are deemed free language while some are deemed hate speech or the basis for university action. There’s a lack of consistency or uniformity in these types of activities which turn on the specific groups left handed by …

British Court Rules Against The Press In Lawsuit By Meghan, The Duchess of Sussex

The increasingly public spat between the Crown and the couple is turning nasty with an investigation into alleged bullying and abuse of family personnel by Meghan.  All that sensational coverage has distracted from a far more substantive and expensive matter.  Meghan only won a case against Associated Newspapers and the judgment by London High Court Judge Mark Warby should be an issue for anyone who appreciates the independence of the media.
The situation included the publication of information from a letter which Meghan wrote to her father after she married Prince Harry in 2018. She sued Associated Newspapers, which publishes U.K. tabloids such as the Daily Mail, MailOnline and the Mail on Sunday for displaying her private affairs and also for violating copyright protections over her letter.
In the United States, such a letter leaked to the media will be deemed protected from the freedom of the media.  Additionally our tort for the public disclosure of embarrassing private facts comes with an exclusion for”newsworthy” stories.  The exclusion is so extensive that most have complained that it has”consumed the tort.”  By way of example, in Sidis v. F-R Publishing Corp., 113 F.2d 806, 807 (2d Cir. 1940), rejected the privacy promise of a former child prodigy. Even the New Yorker magazine article was a vicious and due to his failure to make it to the expectations of many. The court described this post as a”a ruthless exposure of a formerly public character, that has since sought and has been part of this seclusion of life” However, it stated that it did not invade his privacy under the tort since”Unfortunately or maybe not, the misfortunes and frailties of neighbors and”public figures” are subjects of considerable interest and conversation to the rest of the populace. And when such are the mores of their community, it might be unwise for a court to bar their expression in the newspapers, novels, and magazines throughout the day”
In this case, the letter was leaked or given to the media. While Meghan could accuse her father or others of a privacy breach, she chased the media and Judge Warby not only ruled in her favour but ruled against a charm. He ordered the defendants to print an account to the front page of their newspapers.
From the judgment, Warby simply declared that”It was, in short, a personal and private letter.  The majority of what was printed was on the claimant’s personal behaviour, her feelings of distress about her father’s behaviour–as she saw itand the consequent rift between them”  The matter however isn’t whether the content was private but if such privacy overcomes the right of these media to pay these newsworthy content.  
Meghan has required that the book be stored posted online for weeks and called this a great success:

“The world needs reliable, fact-checked, high quality news. We all lose when data sells over fact, when ethical exploitation sells over decency, and when businesses produce their business model to profit from people’s pain,” Meghan said in a statement after the ruling, including,”I share that success with all you–since all of us deserve justice and truth, and all of us deserve .”

I find nothing to celebrate.  I have no love for tabloid newspapers but I didn’t observe any line shielding the free media in this judgment.  There is also the matter of this copyright claim which Warby accepted:”The claimant says, further, that the Letter is a unique literary work in which copyright subsists; she is the author of the work, and also of a draft she made her telephone (“the Electronic Draft”); and the Mail Articles …

“Vial Of Death”: Farrakhan’s Anti-Vaccine Statements Expose The Fallacy Of Internet Censorship Policies

We’ve been discussing the enlarged censorship on the Internet and the danger of the free speech and free press rights. The expanding censorship of the web continues to show bias and contractions as Allied members push “strong modification” to silence opposing views of everything from climate change to social justice. A fresh controversy shows the contradictions as humans spread the bogus claims of Rev. Louis Farrakhan the Covid-19 vaccines are the”vial of death” The continuing spreading of his perspectives indicates that speech like water has a means of finding a way out, actually false and hateful speech. The proper response is not less but more (and better) speech.
We’ve previously discussed Farrakhan’s dangerous and ridiculous views in addition to companies like Facebook penalizing him.  His perspectives will, of course, still be discussed by tens of thousands of the followers. His latest diatribe is an example. Farrakhan captured a video late last month during the Nation of Islam’s annual Saviours’ Day conference, that remained accessible via Twitter, Facebook and YouTube  where he predicted the vaccine proved to be a”vial of death” He announced”it’s death itself” and compared it to the Kool-Aid in the Jim Jones mass-death tragedy in Guyana in 1978. He guaranteed that”[b]y rushing so fast to find something out, bypassing regular actions in a real vaccine, today God is going to turn your vaccine into death in a rush.”
Along with people submitting his views or his speech, Farrakhan’s words are also carried in news posts and basic coverage. Thus, these businesses are censoring direct mailings but the message is still getting out.  The reason is that this really is news and folks want to share it.  While censors think that people should stick to their view of what could and cannot be discussed, there’s a lingering desire of many to make this decision for themselves.
Democrats are pushing for greater censorship along the lines of Europe regardless of the utter collapse of such policies in Europe. Germany has shown the fallacy of changing minds through prosecution.   While I’m certainly sympathetic to the Germans in seeking to end the scourge of fascism, I have long been a believer of the German legislation prohibiting certain symbols and phrases, I view it as not only a violation of free speech but a futile effort to postage but extremism by barring certain symbols. Instead, extremists have rallied around an underground civilization and embraced symbols that closely resemble those banned by the government. I fail to see how exactly does a man for a Hitler ringtone is achieving a significant amount of deterrence, even if you dismiss the free speech implications.
We discussed how decades of anti-free speech policies in Germany have reduced the expectations of taxpayers in that nation to the degree of the authoritarian regime. A survey, conducted by the Institut für Demoskopie Allensbach(and released in the Frankfurter Allgemeine Zeitung) found that just 18% of Germans feel free to express their views in public.
This is obviously a dangerous material for his followers but they will find the message in an assortment of ways, such as direct communications in the Nation of Islam. Instead of embracing censorship, we can let him speech freely and use our own free speech to counter his message of hate and ignorance. We’re creating a massive device for private censorship in this nation that will succeed much more in quitting free speech although not untrue or hateful speech.  Farrakhan’s biggest danger to this nation is not as a powerful leader but as a justification for censorship.  We don’t need free speech values to protect popular speech …

Iraqi Parliament Enacts Recompense Law for Yazidi Genocide Victims

By Darren Smith, Weekend Contributor

After a two year long impasse, the Iraqi Parliament enacted law recompensing Yazidi along with other similarly stationed ethnic teams for its genocide and other crimes against humanity they suffered at the hands of the Islamic State of Iraq and the Levant. It’s really difficult to imagine how any human being could be made whole after having suffered such inhumanity prosecuted against those folks. The Iraqi authorities will deserve praise for producing credible and real attempt to afford them a guarantee of compensation and opportunities to earn a more reassuring and just future within their nation and society generally.
Iraqi President Barham Salih tweeted the legislation,”is still really a success for the victims [and] our allies who’ve been exposed to the contested offenses and crimes of ISIS genocide.”
The law Offers recognition by the Iraqi authorities of the genocide, which up till then was only officially thus by the Kurdistan Regional Government in the North.
Back in August of 2014 ISIL assaulted Sinjar district at Northwestern Iraq, resident to hundreds of thousands of Yazidis. Individuals who were able pitched into the mountainous regions to escape the conflict only to hence endure exposure to elements, lack of water and food supplies, along with the persistent threat from homicide, abduction into sexual slavery, forced marriage, impression into military support, as well as other treatment by trapping terrorist forces. The very first couple of days of the siege cost over three thousand civilian lives and also beset their neighborhood with in too many cases years of humiliation, abuse and kidnappings.
The initial draft of the legislation provided reimbursement for Yazidi women victimized by ISIL but after further deliberation on expanding the range of benefits offered the invoice was extended to other cultural and spiritual groups, such as Turkmen, Shabak, and also Christians of both sexes. A formal directorate was made to process applications from individual victims and to dispense compensation to people approved.
I tried to locate for you the reader a translation of the law into the English but was successful only in finding one of the earlier draft. A lot of what is offered below delve to the final law so that it conveys much of the material of the step and the framework provided.
Article 1
For the purpose of this law, the following expressions shall mean that:
(1) The female survivor — Every woman or a girl that faced sex abuse offenses such as kidnapping, sex enslavement, selling her at the slave market, separating her from her parents, forcing her to change her religion, forced pregnancy, marriage and forced abortion or hurting her physically or mentally by Da’esh because August 3, 2014, also freed then date.

Article 2
This law applies :
(1) Every lady Yazidi survivor that was murdered by the Da’esh team and freed then.
(2) The girls and girls from the Turkmen, Christianity, along with Shabaky ethnicities who faced the very same crimes that were mentioned in paragraph (1) of the article.
(3) The Yazidi children spouses that were under 18 years old at the time of the kidnapping.
(4) The Yazidi, Turkmen, both Christian, and Shabak lands from the killing operations along with the mass murdering that Da’esh did in their places.
Article 3
(1) Establish a general directorate for its Female Yazidi Survivors’ Affairs that is connected together with the Ministry of Labor and Social Affairs. The headquarters shall be in Nineveh and have the rights to open branches at the regions where the female Yazidis are located whenever required.
(2) The directorate that was mentioned in paragraph (1) …

Sweden Moves To Protect Academic Freedom After Professor Quits Covid Research Due To Harassment

Most faculty are conspicuously silent as their colleagues have been attacked, suspended, or perhaps terminated for taking opposing views on systemic racism, police brutality, or even moves like Black Lives Matter. In Sweden, the response was rather different after Professor Jonas Ludvigsson, announced that he would stop all additional study on Covid-19 following a campaign of harassment and abuse following his analysis on the very minimal threat that the virus introduces teachers and children. The country is ramping up protections for academics to fight such cancelling campaigns.
His study is consistent with research which have long found a low risk to teachers and students.  This study was highlighted throughout the Trump Administration in a call for the resumption of classes but largely ignored by the media. The argument for reopening schools, particularly for young children, was depicted as political and”not following the science.”  Commercial rans that calls for returning to the classroom has been tantamount to”murder.” On the other hand, the science was overwhelmingly supportive of these reopening.  Really, Catholic and other private schools in several states never shut without surges from the virus.
Ludvigsson looked at children from age 1 to 16 through the first wave of COVID-19 and found that only 15 children went to the ICU, to get a rate of 0.77 per 100,000. In addition, in the 1-16 age group, there was only a slight increase from the four-month period before the pandemic to the four-month period following the period.
Such research contradict the media narrative and the place of teacher unions, including a lot that are still oppose a return to the classroom despite the science. Accordingly, Ludvigsson was attacked and hounded out of additional study.
The reply of the country however has been distinct from the response in the United States. Different academic leaders and teams are pushing for legislation designed to safeguard academic freedom. They’re citing a Swedish government study in 2018 found”21 out of 26 universities said that there is a risk that investigators will be vulnerable to harassment, threats and violence.”
The response in the United States is strikingly distinct. We have been discussing efforts to fire academics who voice dissenting views on several issues including an attempt to oust a major economist from the University of Chicago in addition to a top linguistics professor at Harvard and a literature professor at Penn.. Sites like Lawyers, Guns, and Money include writers like Colorado Law Professor Paul Campus who involve the shooting of those with opposing views (like myself).  Such campaigns have targeted teachers and pupils who contest the signs of systemic racism in using lethal force by authorities or provide other opposing perspectives in present debates over the pandemic, including reparations, electoral fraud, or other troubles.
Faculty have largely stayed quiet as campaigns aim these professors and educators. Even though some can enjoy such cleansing of schools of conflicting voices, many are probably intimidated by these kinds of campaigns and don’t wish to be the following targeted by these kinds of groups. We have often defended the free speech rights of college on the left who have made hateful comments about whites, men, and conservatives. Still, there’s an eerie quiet when conservatives are targeted due to their own perspectives. Sweden has revealed how this is a global issue but that the response outside of america has been markedly different.
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Boston Suspends Advanced and Gifted Programs Over “Equity” Concerns

We discussed the condemnation of meritocracy in education as displaced by a number of the highest officials at the San Francisco public school system. That position has stalled calls to finish gifted or advanced programs across the country such as in new york.  These steps will make our public colleges significantly less varied over time in my view.While I really do view the very minimal number of minority students in such applications to be a severe problem, I’ve long opposed attempts to eliminate the programs or establish quota approaches to rectify this problem. Pupils of all races benefit from such programs. Though there’s obviously much less diversity, the ideal solution isn’t to eliminate such programs but also to work harder at the earlier grades to allow minority students to excel (and ultimately gain admission to such applications ).Nevertheless, according to WGBH and a few conservative websites, Superintendent Brenda Cassellius is calling for a one-time registration suspension of the Advanced Work Class because of both the pandemic and”worries about fairness.”  Cassellius said”There is a whole lot of work we have to do at the district to be antiracist and also have policies where all of our pupils have a fair shot for an equitable and superb education.”
To be sure, the Boston method is facing a sharp contrast in the racial makeup of the program rather than the district at large. The district is 80% Black and Hispanic but 70% of those programs are Asian and white. But, denying those gifted pupils this alternative does not progress diversity or educational policies.  Greater diversity is possible however, the focus should be on working to assist minority kids to excel despite what are often adverse conditions in the communities or in home.
Gifted programs and elite academic colleges are intended to allow students to achieve their full academic potential along with different pupils performing at the maximum degree of mathematics and other areas. It’s frequently tricky for such students to reach that potential in traditional settings. Teachers have to continue to keep their classes as a whole moving ahead in subject areas. That frequently means that academically gifted children are held by traditional curricula or lesson plans. Those pupils can actually underperform due to the deficiency of challenging material. Many just leave the public school system.  Moreover, students have a tendency to perform better with pupils progressing in their similar degree. Teachers can then focus on a lesson plan and discussions which can be tailored to pupils at a comparable performance level.
These concerns should be especially acute in Boston that has seen 40 percent of its pupil population chronically absent from classes.
Eliminating such programs produces a false”equity” from lobbing from the best performing programs.  That does not progress true diversity in my opinion.  In fairness to teachers like Cassellius, these applications do slough off employees and cash. But a touchstone of a public college system is that kids of unique needs and backgrounds may excel.  The minority of Asian and white students at the field reflects part the exodus from public universities by such families because of mistrust in the commitment to such policies.  Suspending these programs will merely quicken such departures in my personal view.

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A Golden Calf Lawsuit? Controversy Erupts Over Doctored Photo of Republicans Praying At Trump Statue

A film has been circulating online among liberal and Democratic posters which purportedly showed Republicans praying in a gold-colored statue of former President Donald Trump in the 2021 Conservative Political Action Convention (CPAC). Figures like Joel Stein, who wrote for the Los Angeles Times, said that”the fall of Rome was so embarrassing.” Former Democratic congressional candidate Adam Christensen circulated the photograph as did others with similar mocking notations. Another poster Mo Bella wrote Caption”this photograph taken now of CPAC’s evangelical leaders. Yes, they are praying to a gold statue of the holy insurrectionist.” The issue is that the picture was fake. The issue is if these depicted can sue for false light in such a depiction.
The first photo was taken with all the”Evangelicals to get Trump” group dated Jan. 3, 2021 and included evangelical figures like Pastor Paula White-Cain. The articles were afterwards flagged as a member of Facebook’s efforts to combat false misinformation and news about its own News Feed.
Stein acknowledged his re-posting of a fake picture and promised to shoot it down but stressed the statue itself was real — evading the clear point he was ridiculing these (also real) individuals as worshipping Trump in the literal sense. Rather, he simply noticed”The statue remains more real. It’s hard but important to stick to facts amid the insanity of politics.”
That level of recognition appeared beyond the capacity of figures like Christensen who confessed later that the photograph was fake but insisted that the”intent” in the photograph was”clear” Then he attacked Trump supporters :”White Evangelical support is near an all-time high heading into CPAC and following case rolling this idol to the conference it’s clear that their’support’ is close to going to the next level.” That seems a lot like”sure it was a fake but it’s really accurate, right?” There is a lot of difference, especially for spiritual people, between praying with Trump and praying to his gold idol.
Many of these re-posting this image are the very same people pushing to ban others from societal websites for spreading”fake news” or”disinformation.”  Christensen showed how easy such hypocrisy can be addressed. He insisted that the photograph had been a”visual representation of what I see in social media circles as well as those that I grew up with.”
The problem however is that while the picture was fake the men and women in the film were not.  The photograph indicates that these individual spiritual leaders flocked to a gold image of Trump — a definite reference to the Golden Calf in the Old Testament. As discussed in Exodus, Israelites needed a change of heart following Moses went to Mount Sinai to receive the Ten Commandments. In direct defiance of Godthey constructed a”molten calf” and they announced: “`This is thy god, O Israel, which brought thee up out of their land of Egypt” (Exodus 32:1–4). They”offered burnt-offerings  and other gifts. Moses pleaded with God to spare them for such sin.
It’s a defining passage for many spiritual people — the line between sin and faith; between worship and idolatry. To reveal not simply spiritual persons but spiritual leaders Welcome into a Golden Calf is the greatest insult and defamation.
In most countries, any lawsuit will be styled as defamation. They are not called in the picture but they are all broadly known public figures.  Therefore, they would fall below on Gertz v. Robert Welch, Inc., 418 U.S. 323, 352 (1974) and its progeny of instances.  The Supreme Court has held that public figure standing applies when  someone”push [s] himself to the vortex of both [the] public dilemma [and] engage[s] the …

“It Ain’t Easy Bein’ Cheesy”: Police Cite “Cheeto Dust” In Identification For Oklahoma Burglary Suspect

We frequently talk civil and criminal cases which take a turn for the odd. An Oklahoma case is this a standout following Tulsa police cited a curious identification component in the arrest of Sharon Carr:”Cheeto dust” found within her teeth. A girl had fled a house after a burglary but left a bottle of water and an open bag of Cheetos. It appeared to affirm to verify the longtime motto of the firm that”It Ain’t Easy Bein’ Cheesy.” However, despite going viral as a narrative, there clearly was a tad more than just Cheetos dust on this collar.
Sharon Carr was detained on a first-degree burglary, based on Tulsa Police.  However, the police did not go searching for Cheeto dust. The police arrived at the home following the mom called 911 and said a girl had pried a screen off her entered and window. Almost immediately though, Carr emerged in the shadows based on KTUL.  The mom then identified her as the burglar.
So the Cheetos evidence makes better media copy and then a prosecution case.
The substantive question is if just entering not carrying anything would be first degree burglary, or if she simply stole the Cheetos.  The answer is it is first degree burglary.
Under state legislation (and a Number of Other countries ), it is entrance in a busy house with intent to commit a crime which satisfies the elements for first degree burglary:

Every person who divides and enters the dwelling house of the following, in which there is at the time a human being, with intent to commit some crime therein, either:
1. By forcibly bursting or breaking up the wall, or an outer door, window, or portrait of a window of such home or the bolts or lock of such door, or the fastening of such window or portrait or
2. By breaking in any other manner, being armed with a dangerous weapon or being helped or aided by one or more confederates then really pose; or
3.
R.L.1910, § 2611. Amended by Laws 1979, c. 43, § 1, eff. Oct. 1, 1979.

In this case, the window display was pried available to accomplish entrance into a busy house. That’s sufficient regardless of whether she obtained or brought the Cheetos at the crime scene.

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Behold Your Afghan Air Fleet: How U.S. Paid $549 Million For Defective Cargo Planes and Then Sold Them For $40,257 Of Scrap Metal

If you wish to learn why waste and conflicts of interests are really prevalent in the USA, you will need to look no further than the recent accounts of he Special Inspector General for Afghanistan Reconstruction (SIGAR) on the so-called G222 program. I wrote about this program in 2013 however we now have the end effect of the criminal identification. Under the application, the United States Air Force spent $549 million to buy 20 Italian-made freight airplanes for the Afghan government. They have been discovered to be unreliable and turned to scrap metal for about $40,257. No action was taken against the business, Alenia North America, and also the Air Force General accountable for the contract (despite a finding of a conflict of interest).  The Justice Department refused to do it because these instances are”unheard of.” Maybe, but government officials and contractor discovered the message loud and clear: there’s no contractual waste that you’re able to commit in the USA military that is going to bring about sanctions. This picture from SIGAR is what stays of more than half a billion bucks of U.S. taxpayer money.
In accordance with SIGAR, the Pentagon was warned that the airplanes were unreliable and there were equally failures of maintenance and spare parts. Yet, the General continued to approve the spending after which sent the airplanes directly into the scrap yard. The officer later retired with no actions taken against him. There has been a push for prosecution by the Air Force Office of Special Investigations, Together with officials from the Defense Criminal Investigative Service and the FBI, but the Justice Department killed the prosecution.
SIGAR concluded”Regrettably, nobody involved in the program was held liable for the collapse of this G222 program.”  So this business was enriched for airplanes that did not fly. Army officials were able to retire without prosecution. Yet, more than half a billion bucks simply evaporated. Poof.
1 issue cited by the Justice Department is the United States admitted the delivery of this aircraft despite the company violating funding demands. Thus, by accepting the aircraft, the military not only efficiently resisted a criminal prosecution but also permitted the accountable officials to gently go into retirement. It’s like saying that we couldn’t violate the bank robbers because the bank teller willingly gave them the money and we can’t violate the bank teller because nobody told him he couldn’t just give away the money.
SIGAR the former Air Force officer”had a very clear conflict of interest because he was significantly involved with all the G222 program whilst on active duty, then retired and became the primary contact for Alenia about the exact identical program.”
We have become a country of chumps… and chumps get clumps of scrap metal while others get rich in waste.
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LA Teacher’s Union Under Fire For Effort To Racially Classify Critics

The response of this UTLA was reassuring to the point of incomprehension. On the other hand, the controversy is fueled by recent attempts to depict parents demanding a return to school as racist or illustrations of chance, including recent controversial comments in the UTLA President.
Qudrat was contacted from the UTLA later she spoke from the opposition to resuming classes in Los Angeles. She’s a seventh-grade child and continues to be calling for the union to stick to the mathematics. Rather they contracted her with an email from a union research who noticed that she’s been quoted twice by the LA Times in eight months and the union wants to understand her race. The email notes that her title seems Iranian but the researcher does not need to presume her race with a”legitimate method.”
The concern however is why the union is attempting to racially classify critics. The fact that Qudrat has been quoted twice at the LA Times wouldn’t yield any broader demographic info regarding the array of parents that want their children back in school. Rather, the email is intimidating when opposition to this closings is used by a number to claim racism. That issue arose recently with the public announcements of UTLA President:

“Some voices have been permitted to speak louder than others. We must call out the intricacies supporting the largely White wealthy parents pushing the drive for a rushed return. Their experience of the pandemic isn’t our students’ households’ experiences.”

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Just Setting Up My Twttr [Chumps]: Jack Dorsey Reportedly Selling His First Tweet

There is a report that Twitter CEO Jack Dorsey is promoting the digital signature to his first tweet studying”just setting up my twttr.”  While I originally assumed this is a prank, there have been reports of supplies in the six figures for the tweet. The issue is if you’d buy a painting when a thousand identical paintings exist along with an endless number of others can be made. The solution appears to be yes, though Dorsey might want to add”Chumps” in the close of the message”just setting up my twttr.”

This”digital memorabilia” has an autographed digital certification, and signed using cryptography with metadata in the initial tweet.
I confess to being a technician chimp however I fail to find the value of a digital backup of a five phrase tweet, in spite of an autographed digital certification. Here’s the tweet in all its glory.

I wish to see you” That might be the first audible message which could be replayed others could listen to precisely how it seemed. This is a digital backup of phrases which may be reproduced in the identical specific form — and have been duplicated countless of times.
Another analogy is like selling the initial words published in the earliest known publication,  Diamond Sutra, a Buddhist publication from Dunhuang, China from around 868 A.D. For the majority of us, the words are just as precious as their articles not as meaningless memorabilia of their first publication since they are fungible. Here the only non-fungible component is that the autograph since even the backup is simply a print of a digital message.
Next Dorsey can sell digital pillows produced from the virtual feathers of the Twitter bird to the ultimate virtual sleep. He could be the digital MyPillowGuy having another of Giga rather than”Giza” cotton.
If we will sell off digital relics, I would be interested in memorabilia of free speech that once defined Twitter along with other Enormous Tech firms. Indeed, Dorsey’s has introduced to its scarcity (and promote value) with his expanded censorship of conflicting perspectives.

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A Governor in Isolation: How Andrew Cuomo Lost His Grip on New York

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When Gov. Andrew M. Cuomo came under fire just a few weeks ago over his handling of nursing home deaths in the pandemic, he and his top advisers followed their usual playbook to stem the fallout: They worked the phones, pressing his case in private calls to legislators and other New York Democrats.

Then came a crisis that Mr. Cuomo’s signature blend of threats, flattery and browbeating could not mitigate. And he seemed to know it.

As three women stepped forward with claims of sexual harassment and other unwanted advances by Mr. Cuomo, the most visible governor in America effectively went dark.

After one of the women detailed her accusations against the governor in a Medium post, State Senator Liz Krueger, a Manhattan Democrat, decided that she would come out with a statement calling for an independent investigation — an implicit rebuke of Mr. Cuomo. She reached out to the governor’s team to alert them, aware of the typical angry response.

No call came, she said.

“None of my colleagues have said they have heard from the governor on this,” Ms. Krueger said of the harassment accusations.

At the greatest moment of political peril for Mr. Cuomo in his decade in power, interviews with nearly two dozen Democratic lawmakers, strategists and Albany veterans paint a portrait of a governor who is increasingly isolated.

Mr. Cuomo faces a federal inquiry into his administration’s handling of nursing home deaths during the pandemic and an independent investigation into the harassment allegations, making his political path forward more challenging by the day.

On Friday, the State Legislature, which is controlled by Democrats, passed legislation to significantly curtail Mr. Cuomo’s vast emergency powers. When the governor appeared to suggest that he had played a role in the bill’s formulation, Assembly Speaker Carl E. Heastie — not prone to criticizing Mr. Cuomo — immediately shot that down, pointedly saying in a statement that “we did not negotiate this bill with the governor.”

Other lawmakers on Friday escalated their calls to reprimand the governor, demanding investigations, impeachment proceedings and even resignations, after The New York Times reported that his administration had rewritten a report to obscure the full extent of nursing home deaths.

“If true, everyone involved in lying to the public and to the Legislature must resign immediately,” said State Senator Rachel May, a Democrat from Syracuse. “And that includes the governor.”

It is an extraordinary turnaround for the man who was former President Donald J. Trump’s most prominent foil in the early months of the pandemic and whose power in New York appeared nearly unassailable as 2021 began.

ImageLiz Krueger, a Manhattan state senator, said that neither she nor her Democratic Senate colleagues had heard from Mr. Cuomo about the recent accusations.
Liz Krueger, a Manhattan state senator, said that neither she nor her Democratic Senate colleagues had heard from Mr. Cuomo about the recent accusations.Credit…Cindy Schultz for The New York Times

Some people who have spoken to Mr. Cuomo in recent days have described him as shaken by the speed with which the political fallout arrived, with dueling scandals and