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FBI should probe ‘potential’ Liz Cheney ‘witness tampering’ in Jan 6 matter, House Republicans say


By Emma Colton Fox News | Published December 17, 2024 2:12pm EST | Updated December 17, 2024 2:14pm EST

Rad more at https://www.foxnews.com/politics/fbi-should-probe-potential-liz-cheney-witness-tampering-jan-6-matter-house-republicans-say

Former Rep. Liz Cheney is facing calls from GOP legislators that the FBI investigate her for “potential criminal witness tampering” related to her former role on the Jan. 6 House Select Committee, a report released Tuesday by the House Administration Subcommittee on Oversight chairman, Rep. Barry Loudermilk, R-Ga., details.

“Based on the evidence obtained by this Subcommittee, numerous federal laws were likely broken by Liz Cheney, the former Vice Chair of the January 6 Select Committee, and these violations should be investigated by the Federal Bureau of Investigation. Evidence uncovered by the Subcommittee revealed that former Congresswoman Liz Cheney tampered with at least one witness, Cassidy Hutchinson, by secretly communicating with Hutchinson without Hutchinson’s attorney’s knowledge,” the report, which was provided to Fox Digital, found

The Jan. 6 committee was founded in July 2021 to investigate the breach of the U.S. Capitol earlier that year by supporters of Trump ahead of President Biden officially taking office on Jan. 20. The Jan. 6 committee’s investigation was carried out when Democrats held control of the House. 

The committee concluded its 18-month investigation last year, when Republicans regained control of the House and sent referrals to the Justice Department recommending Trump be criminally prosecuted for his involvement in the lead-up to supporters breaching the Capitol. The committee was composed of seven Democrats and two Republican lawmakers, Cheney and Adam Kinzinger, both of whom are no longer in office. 

Loudermilk’s subcommittee was tapped to investigate the J6 committee and its findings in January 2023. 

‘RIDICULOUS’: CHENEY RESPONDS TO TRUMP FLOATING JAIL TIME FOR J6 COMMITTEE MEMBERS

Liz Cheney closeup shot
Rep. Liz Cheney during her primary election night party in Jackson, Wyoming, Aug. 16, 2022. (Reuters/David Stubbs)

The House Republicans’ report Tuesday specifically took issue with Cheney’s alleged “direct intervention” with Hutchinson, who was considered the star witness of the investigation, including allegedly encouraging Hutchinson to hire “Select Committee-friendly attorneys to represent her,” as opposed to keeping her original legal representation. 

Hutchinson, who worked as an aide to Trump White House chief of staff Mark Meadows, had claimed before the select committee that on Jan. 6, 2021, she was told Trump allegedly became “irate” and attempted to join supporters at the Capitol ahead of them breaching the government building. The incident reportedly unfolded after Trump delivered a speech at the Ellipse, which is a park just south of the White House fence. 

Hutchinson alleged she was told Trump attempted to grab the steering wheel of a Secret Service SUV before the driver reportedly told Trump to remove his hand and that they were headed to the White House, not the Capitol. Hutchinson’s account was directly refuted by Anthony Ornato, who served as White House deputy chief of staff for operations under Trump after decades in the Secret Service. 

Less than two weeks after firing her original attorney and hiring “the attorneys Representative Cheney suggested – Hutchinson sat for her fourth transcribed interview with the Select Committee under unusual circumstances,” the report found. 

REP LOUDERMILK BLASTS JANUARY 6 COMMITTEE FOR TARGETING HIM: ‘THERE IS A WAR ON THE TRUTH IN THIS COUNTRY’

Rep. Loudermilk closeup shot
Rep. Barry Loudermilk chairs a House Administration Committee Subcommittee on Oversight hearing, July 19, 2023. (Bill Clark/CQ-Roll Call, Inc via Getty Images )

“Prior to this interview, nearly every interview the Select Committee conducted included approximately a dozen people – including committee staff members, committee counsel, often a Member of the Select Committee, the interviewee, and the interviewee’s legal representation. Most of the interviews were done in large conference rooms or over zoom, allowing space for all participants. Hutchinson’s fourth transcribed interview, however, was vastly different. It consisted of only four people: Representative Cheney, one attorney from the Select Committee, Hutchinson, and Hutchinson’s new counsel. Additionally, instead of the Select Committee conducting the interview in a conference room or virtually, Representative Cheney used her private hideaway inside of the United States Capitol Building,” the report states. 

The House Republican report continued that Hutchinson’s testimony to the Jan. 6 committee was crucial, arguing “it is unlikely the Select Committee could make its assertions about President Trump’s mood, attitude, and alleged culpability in the events of January 6” without her comments. 

“Hutchinson is mentioned by name in the Select Committee’s Final Report no fewer than 185 times. Inexplicably, the Select Committee discredited the multitude of legitimate witnesses who, under oath, repeatedly refuted Hutchinson’s testimony. These legitimate witnesses include senior government officials and federal agents.”

DONALD TRUMP SAYS HE’LL PARDON JAN. 6 RIOTERS ON DAY ONE: ‘ACTING VERY QUICKLY’

Cheney, in comments provided to Fox News Digital on Tuesday afternoon, defended her former committee’s investigation, while arguing Loudermilk’s report “intentionally disregards the truth and the Select Committee’s tremendous weight of evidence.”

“January 6th showed Donald Trump for who [he] really is – a cruel and vindictive man who allowed violent attacks to continue against our Capitol and law enforcement officers while he watched television and refused for hours to instruct his supporters to stand down and leave,” Cheney said to Fox News Digital. 

“The January 6th Committee’s hearings and report featured scores of Republican witnesses, including many of the most senior officials from Trump’s own White House, campaign and Administration. All of this testimony was painstakingly set out in thousands of pages of transcripts, made public along with a highly detailed and meticulously sourced 800 page report. Now, Chairman Loudermilk’s ‘Interim Report’ intentionally disregards the truth and the Select Committee’s tremendous weight of evidence and instead fabricates lies and defamatory allegations in an attempt to cover up what Donald Trump did. Their allegations do not reflect a review of the actual evidence and are a malicious and cowardly assault on the truth. No reputable lawyer, legislator or judge would take this seriously.”

Cassidy Hutchinson closeup shot; Liz Cheney in right inset
Cassidy Hutchinson, former aide to White House chief of staff Mark Meadows, testifies before the House Jan. 6 Committee on June 28, 2022, as Rep. Liz Cheney questions her. (Fox News)

The Democratic former chair of the committee, Rep. Bennie Thompson, also slammed Loudermilk’s report in a comment to Fox News Digital on Tuesday. 

HOUSE GOP REPORT ALLEGES JAN 6 COMMITTEE ‘DELETED RECORDS AND HID EVIDENCE’

“Representative Loudermilk has failed to discredit the work of the January 6th Select Committee. His so-called ‘report’ is filled with baseless, conclusory allegations rather than facts. That’s because there’s no escaping the reality that Donald Trump bears the responsibility for the deadly January 6th attack no matter how much Mr. Loudermilk would love to rewrite history for his political purposes,” he said. 

The president-elect railed in an interview on NBC earlier this month that Cheney, Thompson and others on the J6 committee “deleted and destroyed” evidence related to the investigation and “should go to jail.” 

“Cheney did something that’s inexcusable, along with Thompson and the people on the un-select committee of political thugs and, you know, creeps,he said in the interview. “They deleted and destroyed all evidence.”

“And Cheney was behind it. And so was Bennie Thompson and everybody on that committee,” he continued. “For what they did, honestly, they should go to jail.” 

President-elect Donald Trump closeup shot
President-elect Trump meets with Prince William at the Embassy of the United Kingdom’s Residence on Dec. 7, 2024, in Paris. (Oleg Nikishin/Getty Images)

Trump’s claims of the committee allegedly “deleting” evidence was supported by a previous report released by Loudermilk earlier this year claiming the select committee “deleted” records and hired “Hollywood producers” to promote a political narrative while investigating Jan. 6. 

The report released Tuesday found that the Jan. 6 committee failed to archive “as many as 900 interview summaries or transcripts,” despite a process for committee chairs to properly archive data, including interviews. 

Liz Cheney on Jan. 6 panel
Liz Cheney lost support from many Republicans for her role in the House Jan. 6 Select Committee investigation. (AP Photo/J. Scott Applewhite)

“As part of its investigation, the Subcommittee learned that the Select Committee failed to archive or provide the Subcommittee with any of its video recordings of witness interviews, as many as 900 interview summaries or transcripts, more than one terabyte of digital data. Concerningly, of the documents that were archived, the Select Committee delivered more than 100 encrypted, password protected documents and never provided the passwords. It is unclear why the Select Committee chose only those documents to be shielded by password,” the report found. 

BIDEN TEAM REPORTEDLY CONSIDERING PREEMPTIVE PARDONS FOR FAUCI, SCHIFF, OTHER TRUMP ‘TARGETS’

The Jan. 6 committee, the report found, failed to archive more than “one terabyte of digital data” after Thompson reported archiving more than four terabytes of data in a July 2022 letter. The subcommittee ultimately received less than three terabytes of digital data. 

“One terabyte of data is equivalent to 6.5 million document pages such as PDFs or office files, 500 hours of high definition video, or 250,000 photos,” the report noted. 

Thompson previously denied the claims of deleting evidence in a July 2023 letter to Loudermilk, detailing that the committee had called on the federal government regarding the “proper archiving of such sensitive material to protect witnesses’ safety, national security, and to safeguard law enforcement operations.”

Thompson provided three “facts” in response to the report Tuesday in comment to Fox Digital.

“Here are the facts: (1) The Select Committee was properly constituted, as every court that heard challenges found. Steve Bannon and Peter Navarro would not have gone to prison for contempt of Congress had there been a legitimate issue. Not even the Republican-controlled Supreme Court stayed their sentences, despite Mr. Loudermilk’s entreaties. (2) The Select Committee followed all House Rules, and it did not withhold or destroy any record that was required to be archived. Moreover, every record the Select Committee had was turned over to the Department of Justice, which was in turn provided to the former President’s defense team through the discovery process during his criminal proceedings. Most of those records are publicly available through the Government Publishing Office’s online repository,” he said. 

“(3) The Members of the Select Committee and the witnesses who came before us – who were mainly Republicans from the Trump administration – acted honorably and out of patriotic duty to the Constitution. The Select Committee’s Final Report was not based on any single witness’s testimony, and it painted a damning picture of the former President’s dereliction of duty. That work stands on its own.”

JAN 6 COMMITTEE ALLEGEDLY SUPPRESSED TESTIMONY SHOWING TRUMP ADMIN PUSHED FOR NATIONAL GUARD PRESENCE: REPORT

Liz Cheney, right, with VP Kamala Harris seated on left
Vice President Kamala Harris campaigned with former Rep. Liz Cheney in Malvern, Pennsylvania, Oct. 21, 2024. (AP Photo/Matt Rourke)

Thompson added that Loudermilk failed to “to find a single valid problem with the Select Committee’s work,” that reflects what he said is an “inescapable conclusion.”

“Donald Trump orchestrated a multi-part conspiracy that attempted to overturn the legitimate results of the 2020 Presidential election by summoning a mob to Washington to disrupt the peaceful transfer of power for the first time in American history,” he said.

Former House Speaker Kevin McCarthy tapped Loudermilk to investigate both the Jan. 6 incident itself and the Jan. 6 House Select Committee’s report on the Capitol breach in January 2023.

“Over the past twenty-four months of this investigation, my subcommittee staff have faced incredible obstacles in pursuit of the truth; missing and deleted documents, hidden evidence, unaccounted for video footage, and uncooperative bureaucrats. At one point, the work of the subcommittee was completely halted due to the removal of Kevin McCarthy as Speaker, and subsequently faced internal efforts to derail the investigation. However, our team persevered through the delays; and, when Mike Johnson took the gavel as Speaker of the House, he allocated even more resources to our investigation and committed to more transparency for the American people,” Loudermilk wrote in a letter to colleagues accompanying the report.

The Danger of White Knight Pardons: Biden Could Fundamentally Change Presidential Power


By: Jonathan Turley | December 17, 2024

Read more at https://jonathanturley.org/2024/12/17/the-danger-of-white-knight-pardons-biden-could-fundamentally-change-presidential-power/

Below is my column in the New York Post on the news reports that President Joe Biden is seriously considering preemptive pardons for political allies. In granting what I have called “White Knight pardons,” Biden would achieve more of a political than legal purpose. Democrats are worried about the collapsing narrative that President-elect Donald Trump will destroy democracy, end future elections, and conduct sweeping arrests of everyone from journalists to homosexuals. That narrative, of course, ignores that we have a constitutional system of overlapping protections that has blocked such abuses for over two centuries. Ironically, preemptive pardons would do precisely what Biden suggests that he is deterring: create a dangerous immunity for presidents and their allies in committing criminal abuses.

Here is the column:

There are growing indications that President Joe Biden is about to fundamentally change the use of presidential pardons by granting “prospective” or “preemptive” pardons to political allies. Despite repeated denials of President-elect Donald Trump that he is seeking retaliation against opponents and his statements that he wants “success [to be] my revenge,” Democratic politicians and pundits have called for up to thousands of such pardons.

While there is little threat of any viable prosecution of figures like the members of the January 6th Committee, the use of “White Knight pardons” offers obvious political benefits. After many liberals predicted the imminent collapse of democracy and that opponents would be rounded up in mass by the Trump Administration, they are now contemplating the nightmare that democracy might survive and that there will be no mass arrests.

The next best thing to a convenient collapse of democracy is a claim that Biden’s series of preemptive pardons averted it. It is enough to preserve the narrative in the face of a stable constitutional system . Indeed, Biden’s pardon list has replaced the usual Inauguration Ball lists as the “must-have” item this year. Pardon envy is sweeping over the Beltway as politicians and pundits push to be included on the list of presumptive Trump enemies.

The political stunt will come at a cost. Preemptive pardons could become the norm as presidents pardon whole categories of allies and even themselves to foreclose federal prosecutions. It can quickly become the norm in what I recently wrote about as our “age of rage.”

It will give presidents cover to wipe away any threat of prosecution for friends, donors, and associates. This can include self-pardons issued as implied condemnations of their political opponents. It could easily become the final act of every president to pardon himself and all of the members of his Administration. We would then have an effective immunity rule for outgoing parties in American politics.

Ironically, there is even less need for such preemptive pardons after the Supreme Court recognized that presidents are immune for many decisions made during their presidencies. Likewise, members have robust constitutional protections for their work under Article I, as do journalists and pundits under the Constitution’s First Amendment.

We have gone over two centuries without such blanket immunity. In my book The Indispensable Right, I discuss our periods of violent political strife and widespread arrests. Thomas Jefferson referred to John Adams’s Federalist government as “the reign of the witches.” Yet even presidents in those poisonous times did not do what Joe Biden is now contemplating.

Moreover, presidential pardons have a checkered history, including presidents pardoning family members or political donors. Bill Clinton did both. Not surprisingly, Clinton last week attempted to add his own wife’s name to the sought-after Biden pardon list. He added, however, “I don’t think I should be giving public advice on the pardon power…It’s a very personal thing.”

That is precisely the point. The power was not created to be used for “very personal things,” like pardoning your half-brother and a fugitive Democratic donor on your last day in office. Yet, despite that history, no president has seen fit to go as far as where Biden appears to be heading.

We have a constitutional system that allows for overlapping protections of individuals from abusive prosecutions and convictions. It does not always work as fast as we would want, but it has sustained the oldest and most stable constitutional system in history. These figures would prefer to fundamentally change the use of the pardon power to maintain an apocalyptic narrative that was clearly rejected by the public in this election. If you cannot prove the existence of the widely touted Trump enemies list, a Biden pardon list is the next best thing.

After years of lying to the American people about the influence-peddling scandal and promising not to consider a pardon for his son, Biden would end his legacy with the ultimate dishonesty: converting pardons into virtual party favors.

In doing so, he has ironically lowered the standard and expectations for his successors. Joe Biden has become the president that Richard Nixon only imagined. He would establish with utter clarity that this power is not presidential, but personal and political . . . and many in the Beltway are waiting to give him a standing ovation.

Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University. He is the author of “The Indispensable Right: Free Speech in an Age of Rage.”

President Biden and Others Renew Calls for Gun Control After Wisconsin Shooting


By: Jonathan Turley | December 17, 2024

Read more at https://jonathanturley.org/2024/12/17/president-biden-and-others-renew-calls-for-gun-control-after-wisconsin-shooting/

The shooting at the Abundant Life Christian School in Madison, Wisconsin, immediately prompted renewed calls for gun control from President Joe Biden and others. As I have previously written, these calls often appear entirely disconnected from the actual crime or the constitutional protections afforded gun owners, including President Biden demanding a ban on assault weapons after a shooting with a handgun.

President Biden’s call for greater background checks and enforcement was a bit incongruous after he pardoned his own son on gun charges. More importantly, the Wisconsin case only highlighted why these standard demands for gun control would not have impacted that case.

This was a juvenile who is believed to have used a 9mm handgun in the attack. Natalie Rupnow, 15, was not supposed to have a gun and would not have gone through background checks. While both Biden and Kamala Harris have raised limiting or banning the popular 9mm, Harris admits that she is one of millions with the weapon and it would not be subject to any of these proposals.

The president once again denounced the availability of what he collectively calls “assault weapons,” a common reference to such popular models as the AR-15. Efforts to ban this model have already failed in the courts on constitutional grounds, though litigation is continuing on that issue.

In 2008, the Supreme Court handed down a landmark ruling in District of Columbia v. Heller, recognizing the Second Amendment as encompassing an individual right to bear arms. The Supreme Court further strengthened the right in New York State Rifle & Pistol Association Inc. v. Bruen.

The AR-15 is the most popular gun in America and the number is continuing to rise rapidly, with one AR-15 purchased in every five new firearms sales. These AR-15s clearly are not being purchased for armored deer. Many are purchased for personal and home protection; it also is popular for target shooting and hunting. Many gun owners like the AR-15 because it is modular; depending on the model, you can swap out barrels, bolts and high-capacity magazines, or add a variety of accessories. While it does more damage than a typical handgun, it is not the most powerful gun sold in terms of caliber; many guns have equal or greater calibre.

That is why laws to ban or curtail sales of the AR-15 run into constitutional barriers. Even the U.S. Court of Appeals for the Ninth Circuit struck down a California ban on adults under 21 purchasing semi-automatic weapons like the AR-15.

After past tragedies, some of us have cautioned that there is a limited range of options for gun bans, given constitutional protections. There also are practical barriers, with an estimated 393 million guns in the United States and an estimated 72 million gun owners; three out of ten Americans say they have guns. Indeed, gun ownership rose during the pandemic. When former Texas congressman and U.S. Senate candidate Beto O’Rourke declared, “Hell yes, we are going to take your AR-15,” he was widely celebrated on the left. However, even seizing that one type of gun would require confiscation of as many as 15 million weapons.

These calls for greater gun controls remain either factually ambiguous or legally dubious. For example, former FBI Deputy Director Andrew McCabe declared after the Wisconsin shooting that it is time to “change the context of gun ownership.” While admitting that he did not know all of the facts, McCabe said:

We’re [going] nowhere because it keeps happening. We know it’s going to happen again. It’s happening today. It’s going to happen again in the near future. I can guarantee you that and every time it happens, we do just about nothing. That doesn’t mean there aren’t things we can’t do. We could do things. We could — we could support and enact legislation that changes the — the — the context of gun ownership in this country and emphasizes gun safety and responsibility with the firearms that you own and keeping them out of the hands of children and doing — and really vigorous, consistent background checks across the country. We could stop selling people — stop — you — eliminate the ability to purchase guns without a background check.

It is unclear what “changing the context” means, particularly when the context is first and foremost constitutional.

Likewise, Rep. Mark Pocan (D-WI) called for his House colleagues to “stand up to gun manufacturers” but stopped short of explaining what that would actually mean:

Pocan has previously called for “common sense” laws without tackling the more difficult question of how to produce the sweeping changes given the narrow scope of constitutional limits for an individual right.

Wisconsin has robust gun control laws that did not prevent this shooting because Rupnow was not subject to the background checks and other regulations. She was not supposed to have the weapon and 9mm is not one of the guns that Democrats are calling to ban.

None of this means that people of good faith should not work on new initiatives and measures to combat gun violence. However, politicians like President Biden have misled the public for years about the narrow range of constitutional options for gun control legislation. The suggestion is that “this did not have to happen” despite the fact that none of these proposals would have stopped this from happening.

In a tragedy of this magnitude, our leaders have a duty, first and foremost, of honesty in speaking with the public.

Wisconsin Police Chief Says It’s ‘Not Important’ If School Shooter Was Trans


By: M.D. Kittle | December 17, 2024

Read more at https://thefederalist.com/2024/12/17/wisconsin-police-chief-says-its-not-important-if-school-shooter-was-trans/

Madison Police Chief Shon Barnes speaks at a press conference following a mass school shooting.
Three are dead, six others injured after police say a 15-year-old female student shot up a Madison Christian School study hall.

Author M.D. Kittle profile

M.D. Kittle

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Wisconsin’s capital city is in shock after a 15-year-old girl pulled out a 9mm pistol Monday morning and shot up her study hall, killing a teacher and a fellow student at the Christian school she attended before turning the weapon on herself and ending her life, Madison Police confirmed. 

Natalie Rupnow injured six others, including two students with life-threatening wounds and a teacher and three other students who suffered non-life-threatening injuries in the attack on Madison’s Abundant Life Christian School, according to police. 

While Madison Police Chief Shon Barnes wasn’t commenting on motive Monday evening, an unidentified law enforcement source told the Associated Press that the shooter “had been dealing with problems and expressed some of those in writings,” CNN reported. There were reports that Rupnow, who police say liked to go by “Samantha,” had penned a manifesto, although Barnes said police had yet to verify the authenticity of the document. “The good news,” the chief said, is that Madison police have shared the information with its partners at the FBI. 

There’s no doubt the suspected killer was disturbed, as evidenced by her violent outburst at the K-12 private school with a mission “to develop students who are committed disciples of Jesus Christ through an excellent, comprehensive, Biblically-integrated educational program.” 

She planned the attack in advance, a “law enforcement official familiar with the investigation” told CNN. 

‘I Don’t Think That’s Important’

There was speculation Monday that the shooter was transgender, although other sources disputed the claim. Some said she had an “online obsession with school shooters.” 

Barnes insisted that he doesn’t care whether Rupnow was transgender, as some reports indicated. It’s not important, he said, when asked by a leftist reporter about “misinformation” online. The Madison journalist effectively wagged her finger at parental rights group for claiming the shooter was transgender, “which is a reaction that we see across the country linked with mass shootings to claim that trans people are dangerous.” 

Barnes, a far-left police chief in one of the most LGBTQ agenda-pushing cities in America, said he wished people would “leave their own personal biases out of this.” 

“I don’t know whether Natalie was transgender or not and quite frankly I don’t think that’s even important. I don’t think that’s important at all,” the chief told reporters at an evening press conference. “I don’t think that whatever happened today has anything to do with how she or he or they may have wanted to identify …”

Barnes subsequently acknowledged that Rupnow’s gender identity “is something that may come out later.” 

While investigators continue to search for answers, the transgender question could prove to be very important. Just ask the families at Nashville’s Covenant School.

‘It is Vitally Important’

In March 2023, a 28-year-old woman who identified as a transgender man stormed into the private Christian elementary school and murdered three third-graders and three staff members before Metro Nashville Police officers fatally shot the killer. 

Michael Patrick Leahy, CEO and editor-in-chief of Star News Digital Media, has been seeking the release of the Covenant killer’s manifesto for a year and a half. He’s a plaintiff in a lawsuit demanding the police department turn over the shooter’s voluminous writings. Leahy’s flagship publication, the Tennessee Star, has obtained and published dozens of pages of the writings, screeds that offer a glimpse into the twisted mind of a mass shooter. 

“We clearly have a huge mental health problem with young people in America today,” Leahy told The Federalist Monday night in a phone interview. “It is very clear that the killer in Nashville suffered severe mental health problems and had in fact been treated for psychiatric difficulties for 22 years. Now, the reports indicate that a 15-year-old girl is responsible for the heinous murders today at a Christian school in Madison, Wis. She purportedly left behind a manifesto, according to some sources.”

“It is vitally important that these documents left behind by young mass murderers be released to the public so that we can understand the deep problems of mental illness that drove them to these actions, so that we can prevent such terrible crimes in the future,” Leahy added. 

As the Tennessee Star has reported, the FBI hastily acts to thwart the release of such documents. In the Covenant killer case, the federal agency sent a memo to the Nashville PD “strongly” discouraging the disclosure of so-called “legacy tokens” left behind by mass shooters. The memo was sent just two days after Star News Digital Media filed a federal lawsuit against the FBI demanding the agency release the trans killer’s writings. As former national political editor at the Star News Network, I, too, am a plaintiff in that lawsuit, plodding in federal court for the better part of two years. 

The memo explains that mass shooters “often leave behind items [memory tokens] to claim credit for the attack and/or articulate the motivation behind it.” The 90 pages the Tennessee Star published include a wealth of insight from a severely mentally ill 28-year-old woman who identified as a male named Aidan. 

As the Star reported, the FBI recommended withholding such items from the public, citing concerns about “conspiracy theories,” copycat attacks, and advancing “the false narrative that the majority of attackers are mentally ill.”

“The FBI also raised the ‘existing precedent’ for the destruction of ‘legacy tokens,’ noting ‘the decision to destroy the ‘Basement Tapes’ produced by the offenders of the Columbine High School attack,’” the publication reported. 

Leahy notes the memo also argues that releasing manifestos and other legacy tokens could have negative impacts on “certain vulnerable communities.” The Biden administration has joined LGBT activists in painting the trans population as under the constant threat of violence.  

Madison’s police chief on Monday repeatedly thanked the FBI and the Bureau of Alcohol, Tobacco, Firearms and Explosives for their quick response and assistance at the Christian school. 

“In this instance it appears to me the FBI may have done the same thing in Madison that they did in Nashville in 2023, that is swoop in and take control of information and refuse to release it,” Leahy said. 


Matt Kittle is a senior elections correspondent for The Federalist. An award-winning investigative reporter and 30-year veteran of print, broadcast, and online journalism, Kittle previously served as the executive director of Empower Wisconsin.

Digging Out of a Mousehole: The Disney/ABC Settlement Reflects a New Reality for Media


By: Jonathan Turley | December 15, 2024

Read more at https://jonathanturley.org/2024/12/16/mousehole-the-disney-abc-settlement-reflects-a-new-reality-for-media/

Below is my column on Fox.com on the settlement of ABC News of the defamation case brought by President-elect Donald Trump. The settlement has enflamed many on the left as well as reportedly some at ABC News. However, ABC likely saw this as a no-win situation as it faced potentially embarrassing depositions.

Added by WhatDidYouSay.org

Here is the column:

The late Richard J. Daley famously declared that “we as Democrats have no apologies to make to anyone.”

That doctrine seems still to be alive and well with many in the party when it comes to President-elect Donald Trump. After ABC News and its anchor George Stephanopoulos apologized to Trump this week to settle a defamation lawsuit, many Democrats were apoplectic.

Marc Elias, the controversial lawyer involved in the funding of the infamous Steele dossier by the Clinton campaign, denounced ABC News for bending a knee to Trump. He then trolled for contributions for his own organization as “unapologetically pro-democracy.”

Of course, ABC was not apologizing for advancing democracy but for alleged defamation. The network and the anchor expressed “regret” for stating that Trump was found “liable for rape” in a New York civil case. (The jury found that Trump had sexually abused and defamed E. J. Carroll). While Trump was never convicted of rape, Stephanopoulos repeated the claim ten times in his interview with Re. Nancy Mace, (R., S.C.).

What made the settlement interesting is that ABC was previously relying on the statements of the judge in the New York case, Judge Lewis Kaplan, who declared that the charge of rape was “substantially true…as many people commonly understand the word ‘rape.’”

Stephanopoulos played up his defiance of Trump with CBS’s late-night host Stephen Colbert. To the delight of Colbert, who regularly attacked Trump on his show and openly supported both Joe Biden and Kamala Harris, Stephanopoulos proclaimed that he wouldn’t be “cowed out of doing my job because of a threat.” He added, “Trump sued me because I used the word ‘rape,’ even though a judge said that’s in fact what did happen. We filed a motion to dismiss.”

So what happened?

Well, two things and both are related to the timing of the settlement.

First, the settlement came just before ABC and Stephanopoulos were to be called for depositions, as ordered by U.S. Magistrate Judge Lisette M. Reid. That discovery was likely to prove more embarrassing for the network than it would Trump and could have revealed internal messages on the controversy.

The danger is on full display in another courtroom where CNN has been losing critical motions in a defamation case where punitive damages could result. Anchor Jake Tapper and CNN are being sued by Navy veteran Zachary Young after falsely suggesting that he and his organization were exploiting desperate Afghan refugees. Discovery uncovered malicious and unprofessional emails from producers promising to “nail” Young and making the segment his “funeral.” Disney was not eager to put its matinee personality, Stephanopoulos, through a similar meat grinder.

Second, the settlement occurred after an election in which Trump won the trifecta of the White House, Congress, and the popular vote.

Like most media, ABC was known for its unrelenting attacks on Trump and favorable coverage toward his opponents. The network’s iconic show, The View, has become an unhinged, partisan rave session against Trump, Republicans, and the majority of American voters. The show’s hosts now regularly read retractions or corrections to blunt allegedly defamatory screeds from its hosts. It has gotten to the point that the ABC General Counsel may soon need a chair at the table.

Disney is trying to adopt a more neutral stance after years of opposition for its stances on political issues and accusations of ultra-woke products. It is still struggling to appeal to over half of the country, including the most recent controversy involving the star of its soon-to-be-released remake of Snow White.

After the election, actress Rachel Zegler declared herself “speechless” over the results. That would have been a welcomed state for Disney, but the actress then found her voice in the most polarizing way, publicly praying “May Trump supporters and Trump voters and Trump himself never know peace.” Zegler was clearly miscast in the film. It was the evil Queen that was supposed to harken a blast of wind to fan my hate.”

On top of these controversies, ABC News was attacked by many over its handling of the Trump debate with Vice President Kamala Harris and it’s biased “fact-checking.” With networks like MSNBC and CNN in a ratings and revenue free fall after the election, Disney clearly wants to start fresh with the new administration. Both are facing possible sales at potentially bargain basement prices. The media echo chamber against Trump failed spectacularly in this election. With record levels of distrust of mainstream or legacy media, the public has increasingly shifted to new media.

In the meantime, Trump has been running the table on lawfare with the dismissal of the two federal cases and a victory on presidential immunity in the Supreme Court. The Georgia prosecution is falling apart over the conduct of the prosecutors rather than that of the defendant. The New York civil case faced a highly skeptical court over the grotesque award against Trump and his corporation. Even Democratic politicians like Sen. John Fetterman (D., Pa.) now feel comfortable admitting publicly that the New York hush money prosecution was “bullsh*t.”

For many politicians and pundits, the election seemed to flip the magnetic poles of the country. We now have ABC News giving millions to the Trump Presidential Library as democratic donors move toward a boycott of the Biden President Library.

With networks like MSNBC and CNN struggling for their very existence, ABC is intent on having a chair when the music stops. While the ABC settlement may not be an admission of guilt, it is a recognition of the reality after this historic election.

Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University. He is the author of “The Indispensable Right: Free Speech in an Age of Rage.”

Former Stripper Admits that She Lied About Gang Rape by Duke Lacrosse Players


By: Jonathan Turley | December 13, 2024

Read more at https://jonathanturley.org/2024/12/13/former-stripper-admits-that-she-lied-about-gang-rape-by-duke-lacrosse-players/

Almost twenty years ago, the country was outraged by allegations of an African-American stripper that she was hired and then gang raped by white Duke Lacrosse players. The story followed an all-too-familiar pattern. The media, professors, and pundits immediately treated the allegations as true and declared the crime as a manifestation of our racist society. Many demanded immediate suspensions of all of the students as the racial and class conflicts were emphasized in the media. As I wrote previouslyDuke University joined the mob against its own students and discarded any semblance of due process or fairness. Now, the accuser Crystal Mangum has admitted that she made the whole thing up in an interview on the independent media outlet “Let’s Talk with Kat.”  The problem is that little was likely learned in higher education from the experience.

The students found themselves in a nightmare as the media flash mob formed to call for their punishment. They were arrested and subject to the unethical and unprofessional treatment of former Durham County district attorney Mike Nifong. Nifong pandered to the press and the community in public speeches despite criticism from some of us that he was fueling the rage against the students despite serious questions over this account. He declared publicly:

“The information that I have does lead me to conclude that a rape did occur. The circumstances of the rape indicated a deep racial motivation for some of the things that were done. It makes a crime that is by its nature one of the most offensive and invasive even more so.”

From the outset, there were obvious problems with the account, including a lack of supporting forensic evidence that would ordinarily be found at the scene.

Nifong was later disbarred for his misconduct, including withholding exculpatory evidence.  Even after the allegation was shown to be a hoax, former North Carolina Attorney General Roy Cooper took the easy way out and declined to charge Mangum despite her ruining the lives of these students. She was later arrested and convicted of murdering her boyfriend.

Now, Mangum is admitting, “I testified falsely against them by saying that they raped me when they didn’t, and that was wrong, and I betrayed the trust of a lot of other people who believed in me…[I] made up a story that wasn’t true because I wanted validation from people and not from God.”

It is heartening to see Mangum come to grips with what she did and ask for forgiveness. However, there remains a lack of such remorse from many in the press and higher education who helped lead this mob against these students. Years later, many continued to resist efforts to afford due process protections to those accused in higher education.

The media followed its usual pattern of dispensing with countervailing facts to fuel the racial elements or play up the class differences. Nancy Grace declared, “I’m so glad they didn’t miss a lacrosse game over a little thing like gang rape!”

Former prosecutor Wendy Murphy, who praised Nifong’s handling of the case, said publicly that “I never, ever met a false rape claim, by the way. My own statistics speak to the truth.”

Feminist and journalist Amanda Marcotte writes for publications such as Salon and Slate. She captured the blind rage even after ethics charges were raised against Nifong, stating:

“I’ve been sort of casually listening to CNN blaring throughout the waiting area and good f**king god is that channel pure evil. For awhile, I had to listen to how the poor dear lacrosse players at Duke are being persecuted just because they held someone down and f**ked her against her will—not rape, of course, because the charges have been thrown out. Can’t a few white boys sexually assault a black woman anymore without people getting all wound up about it? So unfair.”

Marcotte later deleted the statement and criticized Nifong.

The greatest unfairness to these students came not from such extreme voices but mainstream media, which showed little interest or comfort in exploring contradictions and gaps in the account.

As is often the case, the hoax was later revealed and there was a collective shrug from most in the media as we await the next cathartic case or controversy.

Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University. He is the author of “The Indispensable Right: Free Speech in an Age of Rage.”

IG Horowitz: 26 FBI Informants at US Capitol on Jan. 6


By Michael Katz    |   Thursday, 12 December 2024, 04:40 PM EST

Read more at https://www.newsmax.com/newsfront/michael-horowitz-doj-ig-fbi/2024/12/12/id/1191472/

Blaine Holt on Greg Kelly Reports

Blaine Holt on Greg Kelly Reports

Although Department of Justice Inspector General Michael Horowitz determined the FBI did not deploy undercover agents at the U.S. Capitol on Jan. 6, 2021, he did reveal the agency had 26 confidential human sources from various field offices in Washington, D.C., that day.

Horowitz’s assessment was disclosed in a report released Thursday on the FBI’s handling of confidential human sources and intelligence gathering in the lead-up to Congress’ certification of Joe Biden’s victory over Donald Trump. Horowitz wrote that three of the 26 confidential human sources were tasked by FBI field offices before Jan. 6 “to report on domestic terrorism subjects who were possibly attending the event.”

He wrote one was tasked “to report on the activities of a predicated domestic terrorism subject who was separately planning to travel to D.C.” for the election certification vote; another was “to potentially report” on two domestic terrorism subjects from another FBI field office who were planning to travel to D.C. that day; and a third who informed their handling agent they intended to travel to D.C. on their own initiative and who then was tasked “to potentially report” on two domestic terrorism subjects identified by other FBI field offices who were planning to travel to D.C. that day.

He added none of the three was authorized “to enter the Capitol or a restricted area, or to otherwise break the law on Jan. 6, nor was any CHS directed by the FBI to encourage others to commit illegal acts on Jan. 6.”

Of the 26, Horowitz wrote four entered the Capitol during the riot, an additional 13 entered the restricted area around the Capitol — a security perimeter established in preparation for the certification vote — and nine neither entered a restricted area nor entered the Capitol or otherwise engaged in illegal activity.

“None of the CHSs who entered the Capitol, or a restricted area has been prosecuted to date,” Horowitz wrote. “The WFO [FBI Washington Field Office] did not know that a total of 26 CHSs would be in D.C. for the events of January 6 because only 4 field offices had informed the WFO or FBI Headquarters that CHSs under the relevant field office’s jurisdiction — 5 CHSs in total — would be traveling to D.C. on January 6.”

Horowitz determined many of the CHSs provided information relevant to the certification vote before Jan. 6 “and that a few CHSs also provided information about the riot as it occurred.”

“In addition, FBI field offices collected CHS reporting relevant to the January 6 Electoral Certification from CHSs who did not travel to D.C. for the event,” Horowitz wrote.

The report revealed among the information CHSs provided to their handling agents was that “extremist members of the Oath Keepers or other groups may become involved in unplanned violent activity on January 6”; that the number of Oath Keepers headed to D.C. “is 200+ strong”; travel plans being discussed by the Proud Boys; an individual purporting to be the leader of a group that had “500 people willing to storm the Capitol Building in Washington, D.C. on January 6th”; and concerns for the safety of members of Congress on Jan. 6.

Horowitz’s report referred to the Oath Keepers as “a large but loosely organized collection of individuals, some of whom are associated with militias.” It said the Proud Boys “describes itself as a ‘pro-Western fraternal organization for men who refuse to apologize for creating the modern world; aka Western Chauvinists.'”

Michael Katz 

Michael Katz is a Newsmax reporter with more than 30 years of experience reporting and editing on news, culture, and politics.


‘EGREGIOUS Standard of Care’: Detransitioner Sues Dr. Olson-Kennedy Who Prescribed Her Irreversible Drugs at Age 12

By” Elizabeth Troutman Mitchell | December 11, 2024

Read more at https://www.dailysignal.com/2024/12/11/ill-never-know-body-wouldve-looked-detransitioner-sues-doctor-pushed-irreversible-trans-hormones-surgery/

When Clementine Breen began getting puberty blockers at age 12, she had no idea she was agreeing to become a lifelong patient. Breen, now a 20-year-old detransitioner, filed a lawsuit last Thursday against prominent child-gender specialist Dr. Johanna Olson-Kennedy, alleging medical negligence.

Breen says Olson-Kennedy pushed her into irreversible transgender medical interventions at only 12 without proper psychological testing or monitoring of her mental health and the side effects of hormone regimens.

“I think telling me that the only treatment for my body issues was transitioning was kind of the worst thing for me, because in retrospect, I just have PTSD,” Breen told The Daily Signal. “I just needed treatment for what happened to me when I was a kid.”

Breen, currently a student at University of California-Los Angeles, not only began taking puberty blockers at 12 and testosterone at 13; she then had “top surgery”—a double mastectomy—at 14.

When she was 12, Breen went to her school guidance counselor to discuss negative feelings about her body. She didn’t know that her history as a victim of sexual abuse could be causing her discomfort with her identity as a woman.

“I was sexually assaulted when I was really young,” she said in an interview, “so I had a lot of like negative feelings about being a girl and being female. When I first expressed those feelings and looked for answers about that online, the first thing that came up was gender dysphoria and possible gender incongruence.”

Breen and the school guidance counselor reached the conclusion that she was transgender. But the counselor told her parents and teachers before she was sure that was the identity she wanted to claim, Breen said. Breen’s parents took her to see Olson-Kennedy, medical director of the Center for Transyouth Health and Development at Children’s Hospital Los Angeles. The hospital told The Daily Signal it does not “comment on pending litigation; and out of respect for patient privacy and in compliance with state and federal laws, we do not comment on specific patients and/or their treatment.”

Although Breen said her parents expected Olson-Kennedy to conclude that their daughter wasn’t transgender, since Breen experienced no gender dysphoria as a child, the doctor immediately affirmed that the preteen was a boy.

“At first it was a lot of surface-level questions about how I fit in and how I felt with my peers and how I felt about being a girl and what I wanted my future to look like,” Breen said. “I had so many negative feelings about being a girl, so I felt weirdly very validated when [Olson-Kennedy] told me that there was a very clear diagnosis of something physically wrong with my body and that it wasn’t me that was the problem.”

Olson-Kennedy convinced her parents to allow her to begin taking puberty blockers by telling them that the process was reversible, Breen told The Daily Signal. Shortly before she turned 14, Olson-Kennedy started her on testosterone.

“She proposed the idea of ‘Would you rather have a dead daughter or living son’ to my parents, and I was not suicidal at the time,” Breen recalled. “So, I think she was sort of presenting that and the really grave statistics that are actually somewhat inaccurate to my parents, to incentivize them to keep going with the treatment.”

But the drugs only made Breen’s mental health worse.

“I was never actively suicidal before testosterone, but I was actively suicidal post-testosterone,” she recalled, “and I was much more symptomatic of things like depression or things that they were saying to my parents that they were treating with the cross-sex hormones.”

At 14, Breen underwent a double mastectomy to remove her breasts. Her mental state immediately got worse, and her anxiety developed into what she describes as a “psychotic break.”

“What really, really upset me is that I will never be able to breastfeed, and I will have to get surgery every 10 years to replace the implants, and it won’t look as natural as it should have been,” she said. “I will never know what my body should have looked like.”

Earlier this year, Breen began to discuss the past sexual abuse in therapy and to accept her female body.

“It wasn’t until I had actually gone through therapy that I started thinking, ‘Why am I really doing this?’ And I started actually picturing my future and when I got to college and I was in an all-male dorm,” she said, “and I just started looking around me. And I didn’t feel like I was living as myself.”

“I was living as somebody I created to run away from myself,” Breen told The Daily Signal.

At first, the 20-year-old didn’t want to go public. But as she reflected on her experience with Olson-Kennedy and the specialist’s “egregious” standard of care, Breen said, she became sure she needed to speak out.

Detrans Law, also known as the Law Firm of Campbell Miller Payne, is the legal representative for Breen in coordination with LiMandri & Jonna LLP and the Center for American Liberty.

“It would feel great to know not just that I would be getting justice, but that in the future, children would be treated better,” she said. “Because I think every child is entitled to proper diagnoses, proper mental health care, and I really hope that this [lawsuit] can change something about the standard of care.”

The butchery of young girls in the name of transgenderism must stop, Mark Trammell, executive director and general counsel of the Center for American Liberty, told The Daily Signal.

“It’s alarming how many young girls have been victimized by the gender-industrial complex,” Trammell said. “It’s imperative that every American takes a bold stand in the face of cancel culture to defend these girls’ innocence and basic human rights. If they’re not old enough to consent to a tattoo, they’re certainly not old enough to consent to double mastectomies and cross-sex hormones that alter their future.”

Olson-Kennedy came under fire in October for admitting to hiding the results of a two-year, $10 million, taxpayer-funded study that showed puberty blockers don’t improve children’s mental health. The physician directed the study, which involved putting 95 children who struggled with gender dysphoria on puberty blockers. The data won’t be released because “the findings might fuel the kind of political attacks that have led to bans of the youth gender treatments in more than 20 states, one of which will soon be considered by the Supreme Court,” New York Times reporter Azeen Ghorayshi writes, summarizing Olson-Kennedy’s reasoning.

Based on her own experiences, Breen said, transgender medical interventions for children should be illegal. The Supreme Court heard oral arguments last Wednesday in a case that is expected to decide whether states may ban irreversible transgender medical interventions for children.

In United States v. Skrmetti, the high court will decide whether a Tennessee law banning puberty blockers, hormone replacement regimens, and transgender surgeries for children is constitutional.

“I think it is important to tell kids that there’s nothing wrong with them physically, they’re perfect the way they are. And if they feel ashamed of who they are and ashamed of their body, that’s not their fault,” Breen said. “It’s other people’s fault for making them feel that way and learning to love yourself is the best thing you can do for yourself.”

Breen is hesitant to say transitioning is the wrong choice for everyone. But she doesn’t think kids can consent to procedures that are so “life-altering and impact fertility, impact function, impact your health, cholesterol, [and] bone density,” she said.

“A child can’t consent to becoming a lifelong patient,” Breen said.

When Clementine Breen started on puberty blockers, she was a 12-year-old child with no idea she wanted children of her own one day, she said. She shouldn’t have been allowed to make a decision that would potentially make her infertile, Breen added.

“I really hope in the future I can just move forward from this and live a happy life as a woman,” she said. “I really hope to be a mother one day. Hopefully, that’s possible. I have no idea. I hope I can just move forward from this and spend the rest of my life as who I was supposed to be.”

Looking back, Breen told The Daily Signal, she wishes that rather than prescribing puberty blockers, Olson-Kennedy had told her that puberty is uncomfortable for everyone, especially girls who experienced sexual abuse.

“If she had just asked me if I had gone through sexual abuse, or if I had weird experiences in my childhood that may change my opinions about gender, I think I might have come to a different conclusion,” Breen said. “So, I really wish she sort of interrogated my ideas about womanhood.”

The Wild World of Democratic Ethics: Defeated Representative Accused of Gaetz Leak


By Jonathan Turley | December 10, 2024

Below is my column in the New York Post on the news reports that outgoing Rep. Susan Wild (D. Pa.) was the person who violated the rules (and oath) of the House Ethics Committee and leaked information to the media this month. The information concerned the investigation into former Rep. Matt Gaetz (R., Fla.). Wild embodies the collapsing ethical foundation of the Democratic Party as members struggle to justify the Biden pardon.

Here is the slightly expanded column:

“You must be wary of those seeking to use their influence and their expertise to wrongful ends.” Those words were spoken at the George Washington Law School commencement ceremony two years ago by the recently defeated Rep. Susan Wild (D., Pa.).

This week, the words took on a new meaning after Wild was accused of leaking information from the House Ethics Committee. Wild embodies a party that is in an ethical and political free fall this month.  If news reports are accurate, Wild appears to have given our students a curious ethical lesson in how not to be a lawyer or legislator.

Wild was fighting to release the report of the investigation into former Rep. Matt Gaetz (R., Fla.). When Gaetz decided to withdraw from Congress, the report was not released. That is when details from the committee were leaked to the media, and the press reported that “two sources said Wild ultimately acknowledged to the panel that she had leaked information.”

Keep in mind that this is the House Ethics Committee, and she is a member. She is also a member of Congress who took an oath as part of the panel’s rules that “I do solemnly swear (or affirm) that I will not disclose, to any person or entity outside the Committee on Ethics, any information received in the course of my service with the Committee, except as authorized by the Committee or in accordance with its rules.”

Wild herself has not publicly confirmed or denied the alleged leaking of the information. If the reports are true, Wild knowingly violated an oath that she took not to release information from the Ethics Committee because she was unhappy with losing votes on the release of information.

Her office seems to have shrugged off media inquiries. As in the past controversy, Wild has avoided public comment on the report that she was the leaker.

This controversy speaks to more than one unethical former representative. This month, we have seen Democrats line up to support one of the most unethical and abusive uses of presidential pardon power in history. President Biden not only pardoned his son but pardoned him for any crimes over a decade, including some that many felt implicated President Biden himself.

The President issued the pardon after repeatedly lying to the public when he was a candidate that he would never do so. In the previous election, Biden lied to the public about not having met Hunter Biden’s clients or having knowledge of his dealings in the influence-peddling scandal.

Biden’s lack of ethics surprised no one. However, even today, the support that he received from Democratic leaders over the pardon has been shocking. Sen. Dick Durbin (D., Ill.), chairman of the Senate Judiciary Committee and Senate majority whip, even called it a “labor of love.” Indeed, much of the corruption in Washington is a labor of love, from nepotism to influence peddling to corrupt pardons. Indeed, faced with overwhelming opposition of the public to the Biden pardon, Democratic members look like the comical choreography of “Prisoners of Love” from the movie The Producers. (“Oh, you can lock us up and lose the key; But hearts in love are always free!”).

The distorted view of ethics in the Democratic Party was vividly on display during an embarrassing moment recently at the White House when Press Secretary Karine Jean-Pierre claimed that a poll showed “64% of the American people agree with the pardon — 64% of the American people. So, we get a sense of where the American people are on this.” That poll actually showed the majority of Americans opposed the pardon. Yet, it was 64 percent of Democrats who favored a president giving his own son a pardon. It is all about the ends rather than the means in today’s politics of rage.

The 2022 words of Wild were particularly poignant because they were used as part of a false attack made by Wild at my own school. In a speech to the law students on living an ethical life as a lawyer, Wild accused me of testifying falsely in the Trump impeachment that only criminal acts are impeachable after saying the opposite in my testimony in the Clinton impeachment. The only problem is that Wild’s statement was demonstrably and undeniably false. I testified in both the Clinton and Trump impeachments that an impeachable offense need not be an actual crime.  Ironically, Wild’s own Democratic colleagues and later the House managers in the Senate Trump trial repeatedly cited my testimony on that very point.

None of this matters in the Wild world of Democratic ethics. It is very simple. Whatever Democrats are attempting cannot be “wrongful ends.” More importantly, it is the ends, not the means, that are the measure of ethics. Since they are only fighting for what is right, the ends justify the means from cleansing ballots of Republicans (including Trump) to supporting a massive censorship system to ignoring court decisions to count invalid votes. It is the same sense of ethics that led someone at the Supreme Court to leak a draft of the Dobbs decision. Even though the leak shattered court ethical rules and traditions, the leaker was lionized by many on the left.

For years, the by any means necessary wing has dominated the Democratic Party. Ironically, the collapsing of the party’s credibility with the public has left little to show beyond a litany of unethical means used to achieve unrealized ends.

Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University. He is the author of “The Indispensable Right: Free Speech in an Age of Rage.”

Peaceful Transition: Undermine, Disrupt, Repeat


By: Kevin Jackson | December 9, 2024

 Read more at https://theblacksphere.net/2024/12/peaceful-transition-undermine-disrupt-repeat/

Democrats love promising a “peaceful transition of power,” but history—and their actions—tell a different story.

When Obama handed the reins to Trump, he made a big show of professionalism while his DOJ quietly sharpened its knives. Four years of investigations, conspiracies, and obstruction later, the Democrats finally ousted Trump using their COVID-19 coup, complete with ballot-stuffing, midnight counting, and media complicity. But their victory was short-lived, leaving Biden with the unenviable task of ushering in yet another “peaceful transition”—this time back to Trump.

Biden’s Legacy of Chaos

Let’s take stock of what Joe Biden is leaving behind. Start with Bidenflation:

  • $36 trillion in federal debt, up $13 trillion since 2020.
  • Interest rates that discourage investment, particularly for small businesses. Families struggling to stretch their dollars farther than a triathlete on a treadmill.
  • Instead of financing our recent $1.8 trillion federal budget deficit by issuing 10- and 30-year bonds, Janet Yellen has instead loaded up on two-year Treasury bills in a what has been described as “a nakedly political effort to avoid a massive jump in mortgage rates.” Mortgage rates created by Bidenflation, I remind you.

Aristotle wrote about “moderation in all things,” but he didn’t anticipate Joe Biden or Leftism. Biden’s economic policies aren’t just unmoderated; they’re unhinged. The Strategic Petroleum Reserve is drained to critical levels, energy prices are volatile, and Biden’s administration seems to think solar panels is the answer.

And what of the military? It’s in shambles. Recruitment numbers are dismally low, matched by our stockpile of weapons. We can thank Biden for his proxy war in Ukraine and his failure to manage the Middle East, where Iran and its proxies, including a resurgent Al Qaeda that recently took control of Syria flex their muscles. In short, the world is a much less safe place under Joe Biden.

And then there’s the Department of Justice, which under Biden and Obama transformed from an institution of law to a political cudgel. Public trust in the DOJ is at an all-time low, but Biden isn’t addressing the problem—he’s doubling down, reportedly planning to pardon key players in his administration to shield them from accountability.

The Irony of Democrat Spending

If Biden’s administration were a business, it would be Enron. Trillions of dollars are unaccounted for across multiple agencies. The CHIPS Act and Inflation Reduction Act (IRA) were boondoggles, diverting taxpayer money to pet projects that failed to deliver. Even Biden admitted the IRA was less about reducing inflation and more about funding the global climate agenda. John Podesta, the man controlling $375 billion from the IRA, might as well be handing out blank checks at a lobbyist convention.

Let’s not forget Transportation Secretary Pete Buttigieg, who burned $7.5 billion on eight electric vehicle charging stations. That’s a cost-per-station that would make Elon Musk burst out laughing—or crying. And Kamala Harris, armed with $42 billion for rural internet, has accomplished as much as she did at the border: absolutely nothing.

Funding the Resistance?

A recent exposé from Project Veritas revealed EPA adviser Brent Efron bragging about funneling money to tribes, nonprofits, and states as quickly as possible before Trump’s team could intervene.

“It feels like we’re on the Titanic and throwing gold bars off the edge,” he said.

For once, the metaphor fits: Democrats are sinking, but they’re determined to take everyone else down with them.

“We gave them the money because it was harder if it was a government-run program, they could take the money away, if Trump won.”, Efron exclaims.

Even Elon Musk weighed in, calling the video proof that “the U.S. government is actively working to undermine the American people.”

Trump’s Transition Team: From Chaos to Competence

Trump has made it clear that his second term will prioritize results over rhetoric. His administration will cut through the debris of Biden’s failures with laser focus, appointing experts—not diversity freaks—to tackle America’s most urgent problems.

  • Energy independence will be restored.
  • Government employees will be expected to actually show up to work as President Trump dismantles Biden’s attempt to prevent 42,000 workers at the Social Security Administration from having to return to the office.
  • Wasteful spending on unproductive programs will be slashed.

Gone will be the carnival of incompetence that defined the Biden administration. Trump’s team will hit the ground running, undoing four years of damage in record time.

Peaceful Transition This!

Aristotle said, “The worst form of inequality is to try to make unequal things equal.” The Biden administration proved to be a masterclass in hypocrisy and self-destruction. And their transition has been no different.

Despite inheriting the worst administration in history, Trump’s first 100 days will be epic. And the transformation of America back to greatness will begin on Day One. A short of adrenalin is about to hit America, and it will last 4 years, challenging the boom of the Clinton years.

If Trump performs as I predict (and he will), Democrats will be hard-pressed to win major elections for the next decade at least.

In short, Trump doesn’t care about the so-called “peaceful transition”. He has a man on his team who can replace NASA. And he appointed others who are equally talented in their own ways. Gone are the DEI appointments, and freak show of the Biden administration. This transition team knows it’s at war with Biden. And like the election, this too will be an easy victory.

Jake Tapper and CNN Lose Major Motions in Defamation Case by Navy Veteran


By: Jonathan Turley | December 9, 2024

Read more at https://jonathanturley.org/2024/12/09/jake-tapper-and-cnn-lose-major-challenges-in-defamation-case-by-navy-veteran/

We previously discussed the defamation lawsuit brought by Navy veteran Zachary Young against CNN and anchor Jake Tapper. Young has been doing well in court and last week he won on additional major issues against CNN. In a pair of orders, the jury will be allowed to award punitive damages, and his experts would be allowed to be heard by the jury on the damages in the case. It also found that the Navy veteran was not a public figure and thus is not subject to the higher standard of proof associated with that status.

The punitive damages decision is particularly interesting legally. It could prove financially onerous for the struggling network, which has plunging ratings and has reduced staff.

The court found that CNN’s “retraction” was insufficient to remove punitive damages from the table. In my torts class, we discuss retraction statutes and the requirements of time and clarity. I specifically discussed the CNN case.

The report at the heart of the case aired on a Nov. 11, 2021 segment on CNN’s “The Lead with Jake Tapper” and was shared on social media and (a different version) on CNN’s website. In the segment, Tapper tells his audience ominously how CNN correspondent Alex Marquardt discovered “Afghans trying to get out of the country face a black market full of promises, demands of exorbitant fees, and no guarantee of safety or success.”

Marquardt piled on in the segment, claiming that “desperate Afghans are being exploited” and need to pay “exorbitant, often impossible amounts” to flee the country. He then named Young and his company as an example of that startling claim.

The damages in the case could be massive but Young was facing the higher New York Times v. Sullivan standard of “actual malice,” requiring a showing of knowing falsehood or a reckless disregard of the truth. Judge Roberts previously found that “Young sufficiently proffered evidence of actual malice, express malice, and a level of conduct outrageous enough to open the door for him to seek punitive damages.”

The evidence included messages from Marquardt that he wanted to “nail this Zachary Young mfucker” and thought the story would be Young’s “funeral.” After promising to “nail” Young, CNN editor Matthew Philips responded: “gonna hold you to that cowboy!” Likewise, CNN senior editor Fuzz Hogan described Young as “a shit.”

As is often done by media, CNN allegedly gave Young only two hours to respond before the story ran. It is a typical ploy of the press to claim that they waited for a response while giving the target the smallest possible window. In this case, Young was able to respond in the short time and Marquardt messaged a colleague, “fucking Young just texted.”

That record supports a showing of actual malice. However, CNN wanted to avoid punitive damages with a claim of retraction. Under Florida’s Section §770.02(1), a publication seeking this protection must publish a “full and fair correction, apology or retraction.” While the statute does not define “full and fair” it does specify that the retraction shall be “published in the same editions or corresponding issues of the newspaper or periodical” where the original article appeared and ‘in as conspicuous place and type’ as the original, or for a broadcast “at a comparable time.”

In this case, Jake Tapper made the following statement on March 25, 2022:

“And before we go, a correction. In November, we ran a story about Afghans desperate to pay high sums beyond the reach of average Afghans. The story included a lead-in and banner throughout the story that referenced a black market. The use of the term black market in the story was in error. The story included reporting on Zachary Young, a private operator who had been contacted by family members of Afghans trying to flee the country. We didn’t mean to suggest that Mr. Young participated in the black market. We regret the error and to Mr. Young, we apologize.”

However, the court noted:

“The retraction/correction was not made during the other television shows in which the Segment aired. No retraction, correction or apology was posted on any online article or with any social media posting. Defendant’s representatives referred to the statement made on the Jake Tapper show as a correction rather than a retraction.”

Not only did the court find that insufficient, but it menacingly added, “the Court finds that there is an issue of material fact as to whether Defendant published a full and fair retraction as required by §770.02 for the televised segment and no retraction for the social media and online article postings, which could be additional evidence of actual malice.”

This is relatively new ground for the Florida courts and will undoubtedly be appealed in time. For now, punitive damages will remain an option for the jury. The message to news organizations is that minimizing retractions can produce a critical loss of the coverage of the common statutory provisions protecting the media.

It is also worth noting that Young was found to be a private individual and not a “public figure.” After the Supreme Court handed down New York Times v. Sullivan, it extended the actual malice standard from public officials to public figures. In Gertz v. Robert Welch, Inc., 418 U.S. 323, 345 (1974), the Court wrote:

“Hypothetically, it may be possible for someone to become a public figure through no purposeful action of his own, but the instances of truly involuntary public figures must be exceedingly rare. For the most part those who attain this status have assumed roles of especial prominence in the affairs of society. Some occupy positions of such persuasive power and influence that they are deemed public figures for all purposes. More commonly, those classed as public figures have thrust themselves to the forefront of particular public controversies in order to influence the resolution of the issues involved. In either event, they invite attention and comment.”

The Supreme Court has held that public figure status applies when  someone “thrust[s] himself into the vortex of [the] public issue [and] engage[s] the public’s attention in an attempt to influence its outcome.” A limited-purpose public figure status applies if someone voluntarily “draw[s] attention to himself” or allows himself to become part of a controversy “as a fulcrum to create public discussion.” Wolston v. Reader’s Digest Association, 443 U.S. 157, 168 (1979).

In creating this higher burden, the Court sought to create “breathing space” for the media by articulating that standard for both public officials and public figures. Public figures are viewed as having an enhanced ability to defend themselves and engaging in “self-help” in the face of criticism. The Court also viewed these figures as thrusting themselves into the public eye, voluntarily assuming the risk of heightened criticism. I have previously written about the continuing questions over the inclusion of public figures with public officials in tort actions.

However, the court found that Young did not trip this wire.

“Young’s limited posts do not constitute him thrusting himself ‘to the forefront’ of the Afghanistan evacuation ‘controversy.’ In total, Plaintiffs worked for four companies and evacuated 22 people from Afghanistan. Per Defendant’s Segment, ‘[t]here [were] fewer than Page 13 of 34100 American citizens in Afghanistan who [were] ready to leave’ and ‘countless Afghans, including thousands who worked for or aided the US . . . who are frantically trying to leave.’ While Young was clearly trying to advertise his services, it can hardly be said that he played a sufficiently central role or was at the forefront in being able to influence the resolution of all those unable to escape Afghanistan. He was not going to get all these thousands of people out, nor was he ever intending to as he (according to his posts and testimony) was only assisting those with sponsors. He also was not going to convince the Taliban to let these folks leave the country. As such, Plaintiffs do not meet the test for this second suggested controversy to be labeled as limited public figures.”

The court also ruled that Young would be allowed to keep his economic damages expert witness, Richard Bolko, a ruling that, in conjunction with the punitive damages matter, could spell real trouble for CNN.

Jonathan Turley is the Shapiro professor of public interest law at George Washington University and the author of “The Indispensable Right: Free Speech in an Age of Rage.”

Pardons, Power, and Protecting the Crooked: Biden’s Legacy of Legal Abuse


By: Kevin Jackson | December 6, 2024

 Read more at https://theblacksphere.net/2024/12/pardons-power-and-protecting-the-crooked-bidens-legacy-of-legal-abuse/

Biden, angry, Kevin Jackson

Article II, Section 2 of the Constitution grants the president the authority to pardon offenses against the United States, a power intended to provide fairness and avoid prosecutorial abuses. Alexander Hamilton envisioned this clemency as a tool to “restore the tranquility of the commonwealth.” But in the hands of Joe Biden, the pardon power looks less like a tool for justice and more like a sledgehammer wielded to shield a crumbling empire of corruption.

Biden’s recent pardon of his son Hunter has spotlighted the blatant hypocrisy of the Left’s use of clemency. After years of moral grandstanding, claiming the high road on justice and accountability, Democrats are now orchestrating mass pardons to shield themselves from the fallout of their own malfeasance.

Pardons as Preemptive Damage Control

During Trump’s presidency, Democrats practically dared him to issue preemptive pardons for his family, projecting their own propensity for guilt on the former president. When Trump pardoned Jared Kushner’s father, the media spun it as though he had pardoned Kushner himself. That narrative stuck, fueling the perception of Trump as corrupt, even as his actual record on pardons tells a different story.

Trump, notably, did not pardon his children or any close associates preemptively or otherwise. Why? Because they weren’t guilty of anything. Contrast that with Biden, whose pardons aren’t just reactive—they’re preemptive damage control for an administration rife with misconduct.

Leaks suggest Biden is for a laundry list of allies, including Adam Schiff, Liz Cheney, Anthony Fauci, and members of the January 6th Committee. These aren’t minor players; they are key figures in the systemic abuse of power targeting Donald Trump and his supporters. The January 6th Committee alone violated so many laws it could be a semester-long case study at any law school.

Then there’s Fauci. A pardon for Fauci essentially extends to the entire health bureaucracy—NIH, FDA, CDC—that oversaw the disastrous COVID-19 policies. Lockdowns, vaccine mandates, suppression of dissent, and the mishandling of public trust—it’s no wonder Biden would want to sweep this under the rug.

A Record-Breaking Abuse of Power

Historically, presidents have used pardons sparingly, often to right specific wrongs. Franklin D. Roosevelt holds the record with 2,819 pardons and 3,796 total acts of clemency, largely for people convicted under Prohibition laws. Barack Obama granted 1,927 acts of clemency, including a controversial commutation for Chelsea Manning.

But Biden’s pardon spree could make FDR’s record look modest. Biden’s administration isn’t dealing with isolated cases of injustice—it’s mopping up the collateral damage from years of systemic corruption.

Consider the scope:

  • The FBI: With over 37,000 employees, including 10,000 special agents, the agency’s involvement in targeting Trump and MAGA supporters is well-documented.
  • The CIA and NSA: These agencies, with a combined workforce exceeding 50,000, played their parts in surveillance and misinformation campaigns.
  • IRS and FISA Courts: From targeting conservative groups to enabling dubious investigations, their roles can’t be ignored.

Biden’s pardons could easily extend to thousands of individuals across these institutions, creating a tsunami of public outrage. This isn’t about restoring tranquility; it’s about cementing a legacy of corruption while protecting a broken system.

Democrats: Masters of Projection

The hypocrisy is staggering. Democrats who lambasted Trump for imagined abuses of power are now actively orchestrating the largest clemency cover-up in history. When Joy Reid and Adam Schiff criticized the idea of preemptive pardons, they framed it as an admission of guilt. Yet here we are, watching Biden prepare to issue blanket pardons to his political allies without a shred of irony.

Hunter Biden’s pardon set the tone: a sweeping, decade-long absolution for crimes ranging from tax evasion to illegal firearm possession. The message? Rules are for the little people.

Trump: A Study in Contrast

Trump’s approach to pardons highlights the glaring differences between the two administrations. While Biden’s pardons shield the guilty, Trumps were measured and purposeful. Trump used his clemency power to address specific injustices, such as Alice Johnson’s over-sentencing or the persecution of Michael Flynn. More importantly, Trump didn’t shield himself or his family. His restraint underscores the integrity of his administration compared to the flagrant abuses we’re witnessing now.

Rebuilding Trust in Justice

Biden’s pardon spree will leave a lasting stain on America’s institutions. But it also presents an opportunity for renewal. When Trump returns to office, he will face the monumental task of rebuilding trust in law enforcement and intelligence agencies. This starts with accountability. Anyone receiving a Biden pardon should be immediately dismissed from public service. A pardon may erase legal culpability, but it doesn’t absolve moral or professional failure. The system must be purged of those who abused their positions for political gain.

Restoring faith in justice won’t be easy, but it’s essential. Americans need to believe that no one—not even the president—is above the law.

The Firestorm to Come

Biden’s mass pardons will ignite a firestorm in the American psyche. The fallout will resonate for decades, exposing the depth of corruption in our government. But it also serves as a rallying cry for reform.

The Left’s strategy of weaponizing clemency to protect their own has backfired. Instead of tranquility, they’ve sown chaos. And as the dust settles, what America will see is the scattered carcasses of Democrats who participated in this farce.

Justice must prevail, not as an act of revenge, but as a restoration of the principles that made this nation great.

The Naughty List: Former Obama Aides and Liberal Influencers Sell Antifa Line of Holiday Gifts


By: Jonathan Turley | December 6, 2024

Read more at https://jonathanturley.org/2024/12/06/the-naughty-list-former-obama-aides-and-liberal-influencers-sell-antifa-line-of-holiday-gifts/

It appears no liberal Christmas is complete without the ultimate stocking stuffer: an actual stocking to wear over your face while rioting. While not yet selling face coverings for anonymous violence, Crooked Media, co-founded by former Obama staffers Jon Favreau, Jon Lovett, and Tommy Vietor, is selling a line of Antifa items for liberals wanting to make a statement against any “Peace on Earth.” (As of this posting, Antifa items were still being sold on the “Crooked Store” site). You can now proudly wear your “Antifa Dad” hat to signal your support for political violence and deplatforming. It is the ultimate naughty gift list for putting the slay back into your Sleigh Bells.

These liberal hosts and their “POD SAVE AMERICA” show have been featured on various shows and courted by figures like Hillary Clinton. There is no apparent backlash for their support of one of the most violent groups in the world, which routinely attacks journalists and anyone who holds opposing views. Imagine the media response if a conservative site started selling “Proud Boy” items. Yet, Crooked Media is now offering liberals the chance to buy “ANTIFA” onesies for babies, a T-shirt for toddlers reading  “ANTIFA” and other items.

Just to make sure that everyone understands the support for the violent group, a spokesperson for Crooked Media told Fox News Digital that the clothes it has listed on its website “are not a joke.” The spokesman added that “all toddlers are antifa until their souls are broken by capitalism.”

As discussed in my new book, “The Indispensable Right: Free Speech in an Age of Rage,” I explore the history of Antifa as a movement that began in Germany:

“Antifa originated with European anarchist and Marxist groups from the 1920s, particularly Antifaschistische Aktion, a Communist group from the Weimar Republic before World War II. Its name resulted from the shortening of the German word antifaschistisch. In the United States, the modern movement emerged through the Anti- Racist Action (ARA) groups, which were dominated by anarchists and Marxists. It has an association with the anarchist organization Love and Rage, which was founded by former Trotsky and Marxist followers as well as offshoots like Mexico’s Amor Y Rabia. The oldest U.S. group is likely the Rose City Antifa (RCA) in Portland, Oregon, which would become the center of violent riots during the Trump years. The anarchist roots of the group give it the same organizational profile as such groups in the early twentieth century with uncertain leadership and undefined structures.”

Despite the denial of its existence by figures like Rep. Jerry Nadler (D., N.Y.), I have long written and spoken about the threat of Antifa to free speech on our campuses and in our communities. This includes testimony before Congress on Antifa’s central role in the anti-free speech movement nationally. As I have previously written, it has long been the “Keyser Söze” of the anti-free speech movement, a loosely aligned group that employs measures to avoid easy detection or association.  Yet, FBI Director Chris Wray has repeatedly pushed back on the denials of Antifa’s work or violence. In one hearing, Wray stated, “And we have quite a number” — and “Antifa is a real thing. It’s not a fiction.”

We have continued to follow the attacks and arrests of Antifa followers across the country, including attacks on journalists.

Some Democrats have played a dangerous game in supporting or excusing the work of Antifa. Former Democratic National Committee deputy chair Keith Ellison, now the Minnesota attorney general, once said Antifa would “strike fear in the heart” of Trump. This was after Antifa had been involved in numerous acts of violence, and its website was banned in Germany.

Ellison’s son, Minneapolis City Council member Jeremiah Ellison, declared his allegiance to Antifa in the heat of the protests this summer. During a prior hearing, Democratic senators refused to clearly denounce Antifa and falsely suggested that the far right was the primary cause of recent violence. Likewise, Joe Biden has dismissed objections to Antifa as just “an idea.”

It is at its base a movement at war with free speech, defining the right itself as a tool of oppression. That purpose is evident in what is called the “bible” of the Antifa movement: Rutgers Professor Mark Bray’s Antifa: The Anti-Fascist Handbook.

Bray emphasizes the struggle of the movement against free speech: “At the heart of the anti-fascist outlook is a rejection of the classical liberal phrase that says, ‘I disapprove of what you say but I will defend to the death your right to say it.’”

Bray admits that “most Americans in Antifa have been anarchists or antiauthoritarian communists…  From that standpoint, ‘free speech’ as such is merely a bourgeois fantasy unworthy of consideration.”

Now, liberal families can bring a small part of that political violence into their homes for the holiday to pledge that there will be no peace or silent nights so long as opposing views are heard. Antifa has gone retail, and there is no better way to celebrate political violence and rage than your Antifa onesie.

With tensions rising after the election, the embrace of organizations like Antifa will only fuel calls for violent action. Liberal figures like ex-Washington Post reporter Taylor Lorenz have even conveyed support for the assassination of  UnitedHealthcare CEO Brian Thompson in Manhattan.

It is not the time to go full naughty list to celebrate a group that regularly beats reporters and others with opposing viewpoints. While this may appeal to your own special smash-mouth Santa, tis the season for political violence.

Jonathan Turley is the Shapiro professor of public interest law at George Washington University and the author of “The Indispensable Right: Free Speech in an Age of Rage.”

Take Two Puberty Blockers and Call Me in the Morning? Justice Sotomayor Under Fire for Aspirin Analogy in Oral Argument


By: Jonathan Turley | December 5, 2024

Read more at https://jonathanturley.org/2024/12/05/take-two-puberty-blockers-and-call-me-in-the-morning-justice-sotomayor-under-fire-for-aspirin-analogy-in-oral-argument/

Supreme Court Justice Sonia Sotomayor is under fire today for seemingly dismissing medical concerns over the risks of puberty blockers and gender surgeries for minors with a comparison to taking Aspirin. In the oral arguments in United States v. Skrmetti, Sotomayor pointed out that there are risks to any medical procedure or drug. However, the analogy belittled the concerns of many parents and groups over the research on the dangers of these treatments. It also highlighted how the Biden Administration and liberal justices were discarding countervailing research inconveniently at odds with their preferred legal conclusion.

The Biden administration is challenging Tennessee’s law banning gender-changing drugs and procedures for minors. That state cites studies that indicate serious complications or risks associated with the treatments for children.

While the conservative justices acknowledged studies on both sides of the debate over risks, the liberal justices seemed to dismiss studies that were inconsistent with striking down the law as a violation of the Equal Protection Clause of the 14th Amendment. That issue produced a difficult moment for Solicitor General Elizabeth Prelogar when Supreme Court Justice Samuel Alito confronted her about statements made in her filing with the Court.

Alito quoted Prelogar’s petition to the Court that claimed that there was “overwhelming evidence” supporting the use of puberty blockers and hormone treatments as safe with positive results for children. Justice Alito, however, cited extensive countervailing research from European countries showing significant risks and potential harm. The World Health Organization has recognized these risks and lack of evidence supporting these procedures and researchers in Finland recently published a study showing that suicides among kids with gender dysphoria are extremely rare in contradiction to one of the common arguments made for adolescent treatment.

Alito also cited the United Kingdom’s Cass Review, released shortly after her filing. The Cass study found scant evidence that the benefits of transgender treatment are greater than the risks. He then delivered the haymaker: “I wonder if you would like to stand by the statement in your position or if you think it would now be appropriate to modify that and withdraw your statement.”

American Civil Liberties Union attorney Chase Strangio (who has previously argued that children as young as two years old can identify themselves as transgender) seemed to later acknowledge that very few gender-dysphoric children actually go through with suicide but insisted that the procedures reduce suicidal inclinations.

Justice Sotomayor seemed intent on defusing the problem with the opposing scientific research in her exchange with Tennessee Solicitor General Matthew Rice. In his argument, Rice stated that “they cannot eliminate the risk of detransitioners, so it becomes a pure exercise of weighing benefits versus risk. And the question of how many minors have to have their bodies irreparably harmed for unproven benefits is one that is best left to the legislature.”

That is when Sotomayor interjected: “I’m sorry, counselor. Every medical treatment has a risk — even taking Aspirin. There is always going to be a percentage of the population under any medical treatment that is going to suffer a harm.”


According to studies, aspirin can have potential side effects that are largely quite mild. The studies cited by the state are raising far more serious risks and medical changes, including irreversible double mastectomies, genital surgeries, sterilization and infertility. There can also be long-term effects in bone growth, bone density, and other developmental areas. Those risks have led European countries to change their policies on the treatments pending further study.

The point is not that the justices should resolve this medical debate, but that it is properly resolved elsewhere, including in the state legislative process.

Sotomayor’s aspirin analogy seemed gratuitously dismissive for many and reminiscent of the response to scientists who questioned Covid protocols and policies from the six-foot rule to mask efficacy.

Stanford Professor Dr. Jay Bhattacharya (who is now nominated to lead the National Institutes of Health) and others were vilified by the media over their dissenting views on the pandemic and efforts to show countervailing research. He and others signed the 2020 Great Barrington Declaration that called on government officials and public health authorities to rethink the mandatory lockdowns and other extreme measures in light of past pandemics.

All the signatories became targets of an orthodoxy enforced by an alliance of political, corporate, media, and academic groups. Most were blocked on social media despite being accomplished scientists with expertise in this area.

Some scientists argued that there was no need to shut down schools, which has led to a crisis in mental illness among the young and the loss of critical years of education. Others argued that the virus’s origin was likely the Chinese research lab in Wuhan. That position was denounced by the Washington Post as a “debunked” coronavirus “conspiracy theory.” The New York Times Science and Health reporter Apoorva Mandavilli called any mention of the lab theory “racist.”

Federal agencies now support the lab theory as the most likely based on the scientific evidence.

Likewise, many questioned the efficacy of those blue surgical masks and supported natural immunity to the virus — both positions were later recognized by the government.

Others questioned the six-foot rule used to shut down many businesses as unsupported by science. In congressional testimony, Dr. Anthony Fauci recently admitted that the 6-foot rule “sort of just appeared” and “wasn’t based on data.” Yet not only did the rule result in heavily enforced rules (and meltdowns) in public areas, the media further ostracized dissenting critics.

Again, Fauci and other scientists did little to stand up for these scientists or call for free speech to be protected. As I discuss in my new book, The Indispensable Right,” the result is that we never really had a national debate on many of these issues and the result of massive social and economic costs.

For scientists attacked and deplatformed for years, Sotomayor’s statements were painfully familiar. They also cited European and countervailing studies that the media dismissed as fringe views or conspiratorial viewpoints. In the same way, Justice Sotomayor’s analogy seemed to treat those raising these concerns (including parents) as akin to questioning the risks of aspirin. The import seemed to be that stopping taking aspirin based on minor concerns would be ridiculous and so too are objections to gender changing treatments and procedures.

The fact is some analogies are poorly chosen or misunderstood. However, the thrust of the comments from the justice were dismissive of the science supporting Tennessee and the 23 states with similar laws. That is roughly half of the states which want to adopt a more cautious approach. No one was arguing against adults being able to opt for such treatment, but these states do not want children to be subject to the treatments in light of this ongoing debate.

Jonathan Turley is the Shapiro professor of public interest law at George Washington University and the author of “The Indispensable Right: Free Speech in an Age of Rage.”

9th Circuit: Local Authorities in Washington State Can’t Block Feds from Deporting Illegals


By: Brianna Lyman | December 04, 2024

Read more at https://thefederalist.com/2024/12/04/9th-circuit-local-authorities-in-washington-state-cant-block-feds-from-deporting-illegals/

King County Executive Dow Constantine

A three-judge panel on the Ninth Circuit Court of Appeals ruled that the federal government has the authority to deport illegal immigrants even if local leaders try to impede the process. The case arose after King County Executive Dow Constantine issued an executive order in 2019 that instructed county officials to prohibit “fixed base operators” (FBO) on a county airfield from servicing flights chartered by Immigration and Customs Enforcement (ICE) to deport illegal immigrants who are lawfully removable. FBO’s “lease space from the airport and provide flights with essential services, such as fueling and landing stairs,” according to the ruling.

The Trump administration sued because the order impeded ICE from enforcing the law and removing illegal immigrants. The administration argued that the order violated the Constitution’s Supremacy Clause and a World War II-era agreement that gave the federal government permission to use the King County airport.

The three-judge panel affirmed both contentions. The panel ruled that the executive order was a violation of the Supremacy Clause’s intergovernmental immunity doctrine because it “improperly regulates the way in which the federal government transports noncitizen detainees by preventing ICE from using private FBO contractors at Boeing Field.” The court also held that the executive order discriminated against the federal government by “regulat[ing] them unfavorably on some basis related to their governmental ‘status.’”

King County said it would not appeal the ruling, according to The Seattle Times.

The incoming Trump administration has vowed to solve the border crisis and deport illegal immigrants who are draining taxpayer resources, while hordes of so-called “sanctuary cities” nationwide oppose enforcement of federal immigration law and go so far as to refuse to comply with ICE authorities.

Tom Homan, dubbed the incoming “border czar,” has already warned sanctuary city officials not to resist or impede the federal government’s deportation activities.

“It is a felony to knowingly harbor or conceal an illegal immigrant from immigration authorities. Don’t test us,” Homan said.

One Democrat, Denver Mayor Mike Johnston, has already vowed to mobilize police and residents “stationed at the county line” to “keep” federal immigration authorities “out” of the city. Johnston likened the hypothetical to Tiananmen Square but later tried to walk back the comparison.

Homan responded to Johnston’s open defiance, saying he is “willing to put [Johnston] in jail.”


Brianna Lyman is an elections correspondent at The Federalist. Brianna graduated from Fordham University with a degree in International Political Economy. Her work has been featured on Newsmax, Fox News, Fox Business and RealClearPolitics. Follow Brianna on X: @briannalyman2

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The Pocket Pardon Strategy and the Final Corruption of the Biden Administration


By: Jonathan Turley | December 4, 2024

Read more at https://jonathanturley.org/2024/12/04/the-pocket-pardon-strategy-and-the-final-corruption-of-the-biden-administration/

Below is my column in The Hill on the Biden pardon and how it might not prove as complete a protection for Hunter Biden — or Joe Biden — as the President had hoped. Ironically, the greatest protection for President Biden in continuing investigations in the influence-peddling scandal could prove that very case that he has denounced that recognized presidential immunity for matters that arise during a presidency. Nevertheless, the action confirms the suspicion that Hunter’s bizarre criminal defense strategy may have been based on the assumption that he had a pocket pardon as insurance against any losses in court.

Here is the column:

The most shocking aspect of President Biden pardoning his own son, Hunter, may be that it was not in the least shocking, given the history of the Biden family. This abuse of the pardon power was widely anticipated even by his allies as the president repeatedly denied that he would ever do such a thing as he ran for reelection. Indeed, it may be the single most premeditated unethical act in political history.

However, it may not achieve what President Biden most hopes for: a clean slate for his son and himself in this massive corruption scandal.

Roughly two years ago, I wrote about how Biden might suddenly withdraw from the presidential race in 2024 and pardon his son as a lame-duck president. “The pardon-and-apology approach might appeal to Biden not only as an effort to convert vice into virtue but to justify his withdrawal from the election as a selfless act,” I wrote.

I further noted: “Everyone in Washington would win — except, of course, the public: The Bidens would keep alleged millions in influence-peddling profits; Hunter would not even have to pay his full taxes; members of Congress and the media could avoid taking responsibility for burying the reports of corruption.”

I wrote about the pardon option repeatedly because none of Hunter’s bizarre (and ultimately unsuccessful) criminal defenses made sense unless he felt confident that his father would pardon him in the end. Hunter’s taunting Congress with open contempt of a subpoena and his ridiculous defenses in court were not the actions of someone who feared consequences from these investigations. They were the actions of someone with a pocket pardon.

NBC is reporting that Hunter’s pardon was being discussed in the White House for a long time, even as Biden and his staff were steadfastly denying that he would issue a pardon. As with his years of denying knowledge of Hunter’s business dealings and meeting his clients, Biden simply lied over and over again to the public.

The eventual pardon restored what was a sweetheart deal reached with Special Counsel David Weiss that would have given Hunter immunity to the immediate charges and any unnamed criminal charges. It collapsed in court when Judge Maryellen Noreika expressed shock at such a deal and asked the prosecutor if he had ever seen such a deal offered to any other defendant. He admitted that he had not.

Now, President Biden has recreated an even more sweeping immunity grant through his own powers by pardoning his son not only for the crimes of which he was convicted, but of any crimes committed between Jan. 1, 2014, to Dec. 1, 2024. Think on that. It would cover anything from perjury to murder.

Now it makes sense why Hunter seemed to be engaged in what I described as a “game of chicken with himself.” As a criminal defense attorney, I noted that wild moves in and outside of the courts would make sense only if he knew that his dad would cover him in the end if everything went poorly — even as the president was assuring the public that he would never do such a thing.

In a final show of contempt for the American people, President Biden waited until a Sunday before an international trip to commit this unethical act. He brushed over his past lies by saying that “From the day I took office, I said I would not interfere with the Justice Department’s decision-making, and I kept my word.” What he actually said, over and over again, was that he would never pardon his son.

For many in the media who helped bury this scandal and showed no interest in pursuing the influence-peddling operation of the Biden family, the pardon was met with uncomfortable shrugs. It is a measure of what you can call “Biden ethics.” In the curious world of Joe Biden, a lie that no one believes is treated the same as the truth. It is likely to work. There may be little interest in pursuing this corruption scandal with so much to get done in the new administration. However, it is not the absolute “get-out-of-jail-free” card that President Biden would like.

Hunter could still be called to testify before Congress or with investigators on the influence-peddling efforts. If he lies, it will be a new crime for which this pardon would not bar prosecution. He would no longer be able to count on a pocket pardon as an insurance policy.

Short of such continued investigation, the Bidens will have achieved something that would have made John Gotti blush. They were able to pull in millions of alleged influence-peddling proceeds. Hunter was showered with gifts and benefits, from a diamond to a luxury sports car. Various Biden family members reportedly received money from the operation. President Biden was himself accused of knowledge and possible benefits from the influence peddling. He will also be protected by this official act.

This is why I once wrote that the Bidens are the GOATs of influence peddling. While influence peddling is the most common form of corruption in Washington, this city has never seen the likes of the Bidens. The only thing greater than their appetite was their sheer audacity.

In this statement on the pardon before fleeing the jurisdiction for a foreign trip, President Biden notably stated that “in trying to break Hunter, they’ve tried to break me.” Indeed, this corruption scandal is as much about the president as it is about his son. And, as the president previously declared, “No one f—- with a Biden.”

Jonathan Turley is the Shapiro professor of public interest law at George Washington University and the author of “The Indispensable Right: Free Speech in an Age of Rage.”

It’s Not My Fault, It’s The Default: Fani Willis Loses Significant Records Fight


By: Jonathan Turley | December 4, 2024

Read more at https://jonathanturley.org/2024/12/04/its-not-my-fault-its-the-default-fani-willis-loses-significant-records-fight/

Fulton County District Attorney Fani Willis and her case against President-elect Donald Trump continue to trip wires in the courts with delays and losses. The latest is a fight with the organization Judicial Watch, which won a major records fight to gain access to any communications with Special Counsel Jack Smith and the House January 6th Committee. While it is not clear what records exist, it is the type of demand that most offices fight vigorously to protect their confidentiality and privileges of deliberation. Willis, however, lost by default after failing to make a substantive argument against the claim.

The Judicial Watch lawsuit was based on the Open Records Act (ORA), and Willis had defenses to make, but she failed to make them. Fulton County Superior Court Judge Robert McBurney ordered Fulton County District Attorney Fani Willis to hand over records within five business days. McBurney found that Willis violated Georgia’s Open Records Act by failing to respond to Judicial Watch’s lawsuit.

He wrote that Willis did not make any “meritorious defense” and that “Plaintiff is thus entitled to judgment by default as if every item and paragraph of the complaint were supported by proper and sufficient evidence.”

The case against Trump is on appeal after the court decided not to disqualify Willis from prosecuting the case.

Willis will also now have to pay Judicial Watch’s attorney’s fees. The hearing on the fees will appropriately come just before Christmas for Judicial Watch on Dec. 20, 2024. That will add to the towering costs for the people of Atlanta in funding this high-profile adventure.

Of course, she can insist “it is not my fault, it’s the default.”

Here is the order: Judicial Watch v. Willis

Jonathan Turley is the Shapiro professor of public interest law at George Washington University and the author of “The Indispensable Right: Free Speech in an Age of Rage.”

Media Meltdowns Over Trump’s FBI Pick Prove Kash Patel Is the Perfect Man for the Job


By: Jordan Boyd | December 03, 2024

Read more at https://thefederalist.com/2024/12/03/media-meltdowns-over-trumps-fbi-pick-prove-kash-patel-is-the-perfect-man-for-the-job/

Kash Patel
The only reason media oppose Patel as Trump’s FBI pick is because he is a threat to their role as deep state colluders.

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Jordan Boyd

Visit on Twitter@jordanboydtx

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Contrary to what corporate media want you to believe, President Donald Trump’s decision to name Kashyap “Kash” Patel as his choice to replace current FBI Director Christopher Wray is a good one — perhaps one of the best he could have made.

When Trump announced over Thanksgiving weekend that Patel was his pick to “bring back Fidelity, Bravery, and Integrity to the FBI,” journos lost their minds. Some outlets framed Trump’s choice as frowned upon by the president’s aides and Republican legislators. Others published lists of bureaucrats who they claimed could fall prey to “Patel’s crosshairs.” for partisan reasons. Those did not compare to the hordes of corporate media coverage dedicated to tarnishing Patel and quashing his nomination.

Even before the election, the Associated Press painted Patel as a conspiracy theorist while noting how he was “poised to help lead a Trump administration.” Shortly after Trump made it official, MSNBC claimed that Kash Patel could be Trump’s most dangerous pick yet.” The New York Times took it further by besmirching the pick as “concretely dangerous.”

In the NYT article lead, the author deems Patel “supremely unqualified to direct the nation’s premier federal law enforcement agency.” He warns that if Patel takes over, his “directorship would probably corrupt and bend the institution for decades, even if he served only a few years.”

“He wants to bend and break the bureau and weaponize it against those he sees as his political enemies and domestic critics,” the article continues, without mentioning how the FBI under Christopher Wray has done exactly that.

These descriptions of Patel suggest Trump pulled a random guy off the street to weaponize the agency on his behalf. In reality, Patel is familiar with both the bureaucracy and intelligence agencies, having worked as a U.S. Department of Justice prosecutor, the U.S. Secretary of Defense’s chief of staff, a U.S. National Security Council official, and principal deputy to the acting Director of National Intelligence. Most importantly, Patel had a front-row seat to the deep state’s ploy, aided heavily by the propaganda press, to overthrow Trump when he served as a senior aide to former House Intelligence Committee Chairman Rep. Devin Nunes. Patel and Nunes’ efforts to blow open the Russia collusion hoax made them victims of the DOJ’s spying and targets of a years-long corporate media smear campaign. Patel even sued multiple outlets and reporters, including the NYT, for smearing him as a criminal who acted as a “Ukraine Back Channel” for the Trump White House.

The problem with the NYT article and every other outlet fearmongering about Patel’s nomination is they refuse to acknowledge that the FBI is already corrupt to its core and weaponized beyond belief. Polling indicates that more than half of the nation, 63 percent, want to see the FBI reformed or “shut down” and “rebuilt from scratch.”

Naming another deep-state swamp creature like Wray to run the FBI would guarantee that would never happen. Nominating someone like Patel, who promises to make ridding our constitutional Republic of the people trying to destroy it priority number one, however, puts the Trump administration in a much better position to accomplish those goals.

As Patel noted in his 2024 Conservative Political Action Conference speech, he saw firsthand how the “government gangsters” in the DOJ, DOD, and FBI are “crippling” the nation by weaponizing themselves against Americans. He told The Federalist last year, after corporate media accused him of trying to “target journalists for prosecution,” that a second Trump administration would have no choice but to address the corruption swiftly and effectively.

“We’ve been saying the DOJ and FBI need [to] be fixed. We’ve been saying prosecutors and judges shouldn’t weaponize justice. We’ve been saying you shouldn’t leak information for media to rig political elections and curry favor with the American electorate. We’ve been saying it the whole time and we’ve been saying anyone that breaks the law in doing those things … should be prosecuted, whether it’s government officials, civilians, and the media,” Patel said. “Our position has never changed. We’ve been saying to use and restore the Constitution, to follow and enforce the rule of law, not to violate it. That’s what they do.”

The only reason the propaganda press oppose Patel as Trump’s FBI pick is because he is a threat to their ability to continue colluding with the deep state to advance their partisan agenda. Every new article or TV segment corporate media outlets devote to complaining and criticizing Patel’s nomination proves to the Trump team that he is the perfect man for the job.


Jordan Boyd is a staff writer at The Federalist and producer of The Federalist Radio Hour. Her work has also been featured in The Daily Wire, Fox News, and RealClearPolitics. Jordan graduated from Baylor University where she majored in political science and minored in journalism. Follow her on X @jordanboydtx.

Trump Should Pardon Victims of Dems’ J6 Lawfare on Day One


By: M.D. Kittle | December 03, 2024

Read more at https://thefederalist.com/2024/12/03/trump-should-pardon-victims-of-dems-j6-lawfare-on-day-one/

President Joe Biden speaks to the press earlier this year, declaring that "no one is above the law."
Trump could and should pardon the J6 political prisoners as one of his first acts in office or at least commute sentences.

Author M.D. Kittle profile

M.D. Kittle

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While Hunter Biden enjoys the privileges of a sweeping presidential pardonRachel Powell, a Pennsylvania mother of eight, is spending the holidays locked away from the people she loves. While President Joe Biden’s corrupt son enjoys a get-out-of-jail-free card erasing a long list of felonies and potential offenses, Powell, marked as an “insurrectionist” for a property damage crime at the Capitol, languishes in a federal prison. 

It’s the punctuation mark on the perversion of justice that has defined the Biden years, an era of lawlessness in which “no one is above the law” but this president, his grifting family and his constitution-ripping cronies. 

Biden’s unconditional pardon of his ne’re-do-well progeny, issued as Americans were still drowsy from their Thanksgiving leftovers, covers more than a decade of felonies and sundry crimes that Hunter “committed or may have committed.” Legal experts are calling the act of absolution “unprecedented, exceeding President Gerald Ford’s pardon of the man he succeeded, Richard Nixon, post-Watergate. Even that wide pardon only covered Nixon’s presidency — Jan. 20, 1969 to Aug. 9. 1974. 

‘This Pardon is Just Deflating’

The only thing surprising about Biden’s broad act of leniency gifted to his crack-addled son is that anyone is surprised by it. But Never Trumpers like Joe Walsh sound absolutely heartbroken that Biden has once again been shown to be the unrepentant liar he is after insisting on multiple occasions that he would not pardon Hunter, who faces sentencing on gun-related and tax evasion felony convictions.  

“I said I would abide by the jury’s decisions, and I will do that, and I will not pardon him,” the president told ABC News’ David Muir, press puppet for the Democratic Party and their presidential candidates, in an interview in June. 

After hearing that Biden is breaking his word, a dispirited Walsh sounded like a cuckolded lover. 

“They’re all like that,” the Trump-hating former Republican congressman from Illinois moaned Sunday evening on MSNBC. “So, the next time any of us complain about anything Trump does, this — this pardon is just deflating. For those of us who have been out there for a few years now yelling about what a unique threat Donald Trump is, for Joe Biden to do something like this, Trump — ‘nobody’s above the law,’ we’ve been screaming.”

Walsh and his fellow Never Trumpers have joined Democrats in their full-throated support of one of the darkest chapters in U.S. history — the politically-driven witch hunts of pro-Trump protesters at the Capitol on Jan. 6, 2021. For nearly four years, Biden’s Department of Justice, led by his Javert, Attorney General Merrick Garland, in arresting, prosecuting and imprisoning hundreds of political prisoners. Like 44-year-old Rachel Powell. The Biden administration and their pals in the Pravda press continue to paint the eventual riots over a rigged 2020 election as a coordinated “insurrection” driven by their No. 1 political enemy: Donald J. Trump, the 45th and soon-to-be 47th president of the United States. 

‘You’re Going to Take Eight Years of Her Life Away?’

Nearly 1,600 people have been caught up in the Biden Justice Department investigations. More than 500 people “have been sentenced to periods of incarceration,” some on an “obstruction of an official proceeding” charge tossed out earlier this year by the U.S. Supreme Court. Interestingly, the high court’s ruling found the DOJ employed an “inappropriately broad interpretation” of the 2002 Sarbanes-Oxley Act.

The DOJ hit Powell, who became known as the “bullhorn lady” in the press, with the obstruction charge. She also was charged with civil disorder, disorderly conduct in a Capitol building, destruction of government property, and entering and remaining in a restricted building or grounds with a deadly or dangerous weapon — the “ice axe and battering ram” that law enforcement officials say she used to break through a window and “breach the Capitol” as Congress convened to count the 2020 electoral votes. Powell told Newsweek that she “used the axe and the cardboard battering ram to break a window so that some in the group near the tunnel could move to open spaces,” and a bullhorn “to flag a nearby safe haven that she saw on the other side of the glass she had shattered.” 

Powell is serving a nearly five-year prison sentence after D.C. District Judge Royce Lamberth threw the book at her in October 2023. Before that, Powell spent years on strict house arrest awaiting trial and sentencing. 

“She had an ankle monitor. She was not allowed to leave her home,” said Cynthia Hughes, founder and president of the Patriot Freedom Project, a nonprofit organization providing support to J6 political prisoners and their families. Hughes was interviewed on an upcoming edition of The Federalist Radio Hour podcast. Her nephew, Tim Hale, spent three years in prison on J6-related, trumped up charges, including a year in solitary confinement.

Powell “missed her daughter’s wedding. She missed the birth of her two grandchildren. She couldn’t even go to a doctor appointment if one of her children needed the assistance of her mother,” Hughes added. 

Powell’s youngest child was just 7 when she was sent to prison. 

While Powell did damage government property, Hughes said she didn’t assault anyone or hurt law enforcement officials during the riot and she had no previous criminal record. Yet, the mother of eight received harsher treatment than many of the Black Lives Matter protesters engaged in riots that burned down government buildings, destroyed private property and brutally assaulted police. 

“Yeah, she broke a window but you’re going to take eight years of her life away?” Hughes said.  She’s lost her home, she lost custody of her children for a small minute. She had a terrible public defender.” 

And now Powell is serving a nearly five-year prison sentence followed by 36 months of supervised release. Hunter Biden, who faced years in prison and more than $1.3 million in fines is a free man. He owes nothing. If it’s any consolation to the J6 political prisoners learning of the pardon from behind prison bars, the younger Biden says he will never forget the kindness bestowed on him by his powerful father and that he will commit himself to “helping those who are still sick and suffering.” 

He remains defiant, despite his father’s forbearance. 

Jerry Broussard of WhatDidYouSay.org

“I have admitted and taken responsibility for my mistakes during the darkest days of my addiction – mistakes that have been exploited to publicly humiliate and shame me and my family for political sport,” Hunter said in a statement to the press.  

‘Miscarriage of Justice’

Biden defended his son and his sweeping pardon, insisting that “Hunter was treated differently” under the law. Well, welcome to the club, Hunter. The hundreds of J6 political prisoners his father’s administration has persecuted over the past four years know what disparate treatment feels like. 

President-elect Trump has met with some the families of the people he has described as hostages. He has said that he would pardon a “large portion” of the people convicted on federal charges related to the Capitol riots. On Truth Social earlier this year Trump wrote that one of his “first acts as your next president” will be to “Free the January 6 Hostages being wrongfully imprisoned.” 

Following Biden’s generous gift to his repugnant son, Trump asked on his Truth Social account, “Does the Pardon given by Joe to Hunter include the J-6 Hostages, who have now been imprisoned for years? Such an abuse and miscarriage of Justice!”

‘He Keeps His Promises’

The president-elect raises a good point. Trump could and should pardon the J6 political prisoners as one of his first acts in office, or at least commute sentences. He likely will stop the prosecutions and end the witch hunt that the Biden administration has carried out. But Biden should spend the last days of his shameful presidency rectifying of the bigger injustices of his time in office.  He should pardon the political enemies his DOJ has prosecuted as “insurrectionists.”

He claims his disgraced boy is a victim of politics, “singled out only because he is my son — and that is wrong.” Many of the protesters who showed up to the Capitol on Jan. 6, 2021, are victims of vendetta political politics. That was wrong. It remains so. 

But Biden is as political as he is corrupt. So the people locked away on political crimes will have to await deliverance from the man the Biden regime desperately tried but failed to defeat, imprison, even murder. 

Trump, unlike Biden, is a man of his word, Hughes said. “He keeps his promises,” the Patriot Freedom Project founder said. 

And when Trump does follow through on his promise of pardons, Democrats, Never Trumpers and their accomplice media friends will have no standing to complain. 


Matt Kittle is a senior elections correspondent for The Federalist. An award-winning investigative reporter and 30-year veteran of print, broadcast, and online journalism, Kittle previously served as the executive director of Empower Wisconsin.

GOP Governors Vow to Help Trump With Deportations


By Sam Barron    |   Tuesday, 03 December 2024, 03:45 PM EST

Read more at https://www.newsmax.com/newsfront/republican-governors-deportations/2024/12/03/id/1190225/

Several Republican governors said they will help the incoming Trump administration carry out mass deportations. Utah Gov. Spencer Cox last week announced a targeted effort to aid with the deportations. Cox’s office said Utah’s public safety and corrections departments will coordinate with federal, state, and local agencies to identify and deport undocumented immigrants “who have committed crimes and pose a threat to public safety.”

“Utah will continue to welcome refugees and immigrants who enter the country lawfully, and we will continue pushing for reforms to the asylum process and for more visas to support our workforce needs,” Cox said in a statement. “We have zero tolerance, however, for those who demonstrate a threat to public safety while in the country illegally.”

Florida Gov. Ron DeSantis said on social media last week that “states and localities should be required” to assist with deportations “as a condition of receiving federal funding.”

The Texas General Land Office offered President-elect Donald Trump a 1,400-acre ranch near the southern border to assist with deportations, Axios reported. Texas, run by Gov. Greg Abbott, passed a law that allows police to arrest people for entering the country illegally, though it was declared unconstitutional.

Democrat mayors have resisted the mass deportation efforts, with Boston’s Michelle Wu and Denver’s Mike Johson saying they will not cooperate. The Los Angeles City Council passed an ordinance barring city resources or personnel from being used to help federal immigration enforcement, Axios said.

The federal government faces some logistical hurdles to pull off mass deportation, Axios said, including a large backlog in federal immigration court and facilities to house immigrants before removal.

Sam Barron 

Sam Barron has almost two decades of experience covering a wide range of topics including politics, crime and business.

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Trump Team Shoves Denver Mayor’s Sanctuary City Shenanigans Up His Tailpipe


By: Kevin Jackson | December 3, 2024

Read more at https://theblacksphere.net/2024/12/trump-team-shoves-denver-mayor-sanctuary-city-shenanigans-up-his-tailpipe/

The Democrats have always been tough guys when they’re running the show. Why? Because that’s how cowards operate. They rig the system, cheat openly, and then brag about their so-called “mandates.” But when their policies start crumbling under scrutiny.

Denver Mayor Mike Johnston took what he thought would be a bold stance against the Trump administration on illegal immigration. He essentially challenged Team Trump to a fight, “Come get me, Bro!” But look at illegal immigration by the numbers.

The National Picture: An Open Border Free-for-All

Illegal immigration isn’t just a line item on the evening news—it’s a crisis that impacts every corner of American society. At the national level, Biden’s open-border policies have resulted in unprecedented numbers of migrants flooding the U.S. In fiscal year 2023, more than 2.7 million migrants were encountered at the southern border. Add to that the untold number who slipped through, and it’s clear we’re dealing with numbers that rival the population of some states.

The costs? Immense. According to the Federation for American Immigration Reform (FAIR), illegal immigration costs American taxpayers $182 billion annually—a 30% increase since Biden took office. These costs hit everything: education, healthcare, law enforcement, and welfare programs meant for citizens.

Colorado’s Burden: A State Straining Under the Weight

Colorado has felt the brunt of this influx. Sanctuary policies, like those proudly championed by Leftist officials in Denver, have turned the state into a magnet for migrants. The result? Overcrowded shelters, skyrocketing costs for social services, and increased pressure on local law enforcement. Denver alone spent over $20 million on migrant services in 2023—and that’s just the official tab.

Colorado voters aren’t thrilled. In 2016, Donald Trump carried much of the rural state precisely because voters were fed up with policies that prioritized illegal immigrants over citizens. Leftists may call these folks “deplorables,” but they’re the ones footing the bill for sanctuary policies they never agreed to.

Denver: Sanctuary City Shenanigans

Denver’s self-inflicted wounds on illegal immigration are a case study in Leftist lunacy. Formerly proud of its sanctuary status, the city is now buckling under the weight of its own policies. Mayor Mike Johnston, who once threatened to use Denver PD as a human shield against federal immigration enforcement, has been forced to confront the harsh reality of his choices.

Remember when Johnston compared his city’s commitment to protecting illegal immigrants to the iconic “Tank Man” moment during the Tiananmen Square protests? With zero irony, he boasted about deploying 50,000 angry soccer moms to protect migrants from deportation. “It’s like the Tiananmen Square moment with the rose and the gun, right?” he gushed.

This was the same guy who told federal immigration officials, “More than us having DPD stationed at the county line to keep them out, you’d have every one of those Highland moms who came out for the migrants.” His bravado didn’t last long. President Trump’s border czar, Tom Homan, responded with a mic drop:

“He’s willing to go to jail. I’m willing to put him in jail.”

Now that reality has set in, Johnston is singing a different tune. He’s gone from “Come get me, Bro!” to “Don’t taze me, Bro!”

With Denver’s resources drained and voters increasingly restless, the mayor’s focus has shifted from grandstanding to damage control. Funny how that works.

REPORTER: It sounds like you’re walking back the comments from a couple days ago saying that you would be willing to send Denver police officers. Do you regret making those comments and now getting questions like this?

JOHNSTON: Yeah.

REPORTER: Me asking you about that, and I’m sure Denver police officers are now going home to their families and saying, “Hey, I hear the mayor is telling you that you might be deployed to face off against federal forces.” Do you regret making those comments? 

JOHNSTON: Yeah. What I wanted people to understand was the scale of what could be coming if we take the president at his word, which is I don’t think anyone envisioned U.S. military troops being deployed to American streets to gather up women and children.

Talk about backtracking. But Johnston made the right decision.

Because the Trump administration is serious about enforcing the laws. And if it means locking up a few hard asses, then so be it.

Sanctuary cities like Denver operate in open defiance of federal immigration laws. The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996 expressly prohibits policies that block local officials from cooperating with federal immigration enforcement. Despite this, Leftist mayors nationwide have flaunted sanctuary policies, betting that the Biden administration’s Department of Justice would look the other way.

But under Trump, that bet didn’t pay off. His administration cracked down on sanctuary jurisdictions, threatening to withhold federal funding and enforce existing laws. This enforcement resonated with voters who saw sanctuary policies as a betrayal of their safety and sovereignty.

Why Voters Backed Trump—and Why They’ll Do It Again

Trump’s appeal in 2016 and beyond wasn’t just about “building the wall.” It was about rejecting Leftist policies that prioritize illegal immigrants over American citizens. Sanctuary cities like Denver epitomize the broader Democratic Party’s indifference to working-class Americans. When voters in Colorado and across the country see their tax dollars funding migrant shelters while their own communities crumble, it’s no wonder they rally behind someone promising to put America first.

Sanctuary City Spectacle: Comedy, Tragedy, or Both?

The Democrats’ immigration debacle is a tragicomedy of errors. Sanctuary policies like those in Denver don’t just fail—they spectacularly implode, leaving taxpayers holding the bag. Johnston’s flip-flop from “Tiananmen Square defender” to reluctant realist underscores the absurdity of it all.

At the end of the day, Johnston and his ilk are a symptom of a larger problem: a political party more interested in virtue signaling than governance. Illegal immigration is not a crisis of compassion; it’s a crisis of competence. And as long as Leftists continue to prioritize their progressive agenda over the rule of law, cities like Denver will remain stuck cleaning up the mess.

Thankfully for Denverites, Coloradans, and all Americans, this nonsense is about to come to a necessary and hopefully final end.

Biden’s Hunter Pardon Similar to Nixon’s, Say Experts


By Solange Reyner    |   Monday, 02 December 2024, 01:30 PM EST

Read more at https://www.newsmax.com/us/biden-pardon-hunter/2024/12/02/id/1190064/

Experts say President Joe Biden’s sweeping pardon of son Hunter looks like the one Gerald Ford gave Richard Nixon in 1974. Ford, sworn in after Nixon resigned amid the Watergate scandal, granted a “full, free, and absolute pardon unto Richard Nixon for all offenses against the United States which he, Richard Nixon, has committed or may have committed.” Ford noted in his remarks that the pardon reflected his presidential responsibilities and personal beliefs.

The president on Monday pardoned his son, sparing the younger Biden a possible prison sentence for federal felony gun and tax convictions and reversing his past promises not to use the powers of the presidency for the benefit of his family. The president’s sweeping pardon covers not just the gun and tax offenses against the younger Biden, but also any other “offenses against the United States which he has committed or may have committed or taken part in during the period from January 1, 2014, through December 1, 2024.”

Margaret Love, who served from 1990 to 1997 as the U.S. pardon attorney, told Politico that she had “never seen language like this in a pardon document that purports to pardon offenses that have not apparently even been charged, with the exception of the Nixon pardon.

“Even the broadest Trump pardons were specific as to what was being pardoned.”

Samuel Morison, a lawyer focused on clemency who spent 13 years in the Justice Department’s Office of the Pardon Attorney, said the pardon “is an extraordinary broad grant.”

Solange Reyner 

Solange Reyner is a writer and editor for Newsmax. She has more than 15 years in the journalism industry reporting and covering news, sports and politics.

President Biden Cloaks His Legacy in Infamy With the Hunter Biden Pardon


By: Jonathan Turley | December 2, 2024

Read more at https://jonathanturley.org/2024/12/02/liar-in-chief-president-biden-cloaks-his-legacy-in-infamy-with-the-hunter-biden-pardon/

Below is my column in Fox.com on President Joe Biden’s pardoning of his son Hunter of not just his convicted crimes but any crimes that he may have chosen to commit. President Biden has set a standard that is not merely a new low but positively subterraneous for future presidents.

Here is the column:

President Joe Biden’s decision to use his presidential powers to pardon his own son will be a decision that lives in infamy in presidential politics. It is not just that the President used his constitutional powers to benefit his family. It is because the action culminates years of lying to the public about his knowledge and intentions in the influence-peddling scandal surrounding his family. Even among past scandals in the abuse of the pardon power, Biden has done lasting damage not just to his legacy but his office.

Despite its noble origins and purpose, the pardon power historically has not been a pristine power used by past presidents. As I have previously written, it was used to benefit the political cronies of past presidents. President Warren Harding was even accused of selling pardons, including to mob enforcer Ignacio Lupo, known as “Lupo the Wolf.” Former president William Clinton waited for the final days of his presidency to pardon his own brother as well as a major democratic donor.

In 2023, I wrote that Biden might follow this same pattern and pardon his son as a lame-duck president. The column suggested that Biden might withdraw as a candidate for office and then take the action as a father: “The pardon-and-apology approach might appeal to Biden not only as an effort to convert vice into virtue but to justify his withdrawal from the election as a selfless act.”

In the 2020 election and throughout his presidential term, Biden repeatedly lied to the American public with an ease and impunity that shocked even many political veterans in Washington. He was repeatedly asked if he knew about Hunter’s foreign dealings, including millions in alleged deals with Russians, Ukrainians, Chinese, and other clients. President Biden lied and denied such knowledge. As I detailed in my testimony in the Biden impeachment hearing, he had repeated discussions of these dealings. He is even on tape discussing news stories on the dealings.

President Biden was also repeatedly asked if he met any of his son’s clients. He repeatedly lied. We have pictures and records of dinners and meetings with these clients. Hunter Biden was expressly thanked for his arranging such access to his father.

Few reporters pressed Biden on the corruption scandal, but they were often met not only with denials but angry retorts from the president. When Fox reporter Peter Doocy raised it, the President steamed “Yes, yes, yes. God love you, man — you’re a one-horse pony, I tell you.”

When CBS’s Bo Erickson broke ranks and raised the scandal and drew a rebuke from Biden “I know you’d ask it. I have no response, it’s another smear campaign, right up your alley, those are the questions you always ask.”

The President continued to lie throughout the election, the presidential debates, and his term.

Then, the press repeatedly asked him whether he would pardon his son. The President was now running for reelection and again lied. He and the White House said over and over again that no such pardon would occur and was not being contemplated. That was also a lie. NBC is reporting that, while issuing these denials last June, there were discussions about the pardon.

The pardon power was written in absolute terms, and a president can even, in my view, pardon himself. However, what is constitutional is not necessarily ethical or right. This is one of the most disgraceful pardons even in the checkered history of presidential pardons.  President Biden has lied to cover up a corruption scandal that reportedly brought his family millions in raw influence peddling. His portrayal of his son as a victim stands in sharp contrast to the sense of immunity and power conveyed by Hunter in his dealings.

There were diamonds as gifts, lavish expense accounts, and a sports car, in addition to massive payments that Hunter claimed were “loans.” There are messages where Hunter belies the President’s portrayal of a political witch hunt, including messages like the one to a Chinese businessman openly threatening the displeasure of Joe Biden if money is not sent to them immediately. In the WhatsApp message, Hunter stated:

“I am sitting here with my father, and we would like to understand why the commitment made has not been fulfilled. Tell the director that I would like to resolve this now before it gets out of hand, and now means tonight. And, Z, if I get a call or text from anyone involved in this other than you, Zhang, or the Chairman, I will make certain that between the man sitting next to me and every person he knows and my ability to forever hold a grudge that you will regret not following my direction. I am sitting here waiting for the call with my father.”

The President has now pardoned Hunter for his convicted felonies and any crimes he may have committed from “Jan. 1, 2014, to Dec. 1, 2024.”

It is all now being buried under a sweeping immunity deal and a pack of presidential lies.

Jonathan Turley is the Shapiro professor of public interest law at George Washington University and the author of “The Indispensable Right: Free Speech in an Age of Rage.”

Jack Smith Resigns as Special Counsel Amid Controversy Over Trump Cases


| American Patriot

Read more at https://libertyonenews.com/jack-smith-resigns-as-special-counsel-amid-controversy-over-trump-cases/

Jack Smith, the controversial special counsel tasked with investigating former President Donald Trump’s attempts to challenge the 2020 election, has officially stepped down. His resignation comes just weeks before President-elect Trump is set to take office, sparking heated debates over the legitimacy of the cases brought against Trump and their broader implications for justice in America.

Conservative commentator Mark Levin, host of LevinTV, was quick to weigh in, calling Smith’s resignation both predictable and overdue. Levin minced no words in his criticism, declaring that Smith’s departure underscores the collapse of the legal efforts aimed at Trump. “You know why? It’s simple. He’s an unconstitutional prosecutor. Donald Trump’s going to fire his ass,” Levin said.

Levin argued that the cases against Trump were doomed from the start, pointing to internal Department of Justice (DOJ) memos and procedural violations. He highlighted the dismissal of one of Smith’s cases in Florida as a clear sign of their instability.

“These cases collapse,” Levin continued. “They should never have been brought. The case in Florida was rightly thrown out. That’s why they were in such a rush—to get these cases prosecuted and Trump imprisoned before the election.”

Levin accused the DOJ and Smith of pursuing Trump with the sole intent of derailing his political career. He claimed this approach not only violated DOJ policies but also undermined the integrity of the judicial system.

“They did everything possible to affect the election and to destroy Donald Trump’s life,” Levin asserted.

The commentator called on the incoming administration to take decisive action against those responsible for the cases. “It’s my position that the new attorney general needs to dig into this and find out who exactly was responsible for it,” Levin said. “These people need to be held accountable.”

Smith’s cases focused primarily on Trump’s efforts to challenge the 2020 election results, actions Levin described as entirely lawful and historically common.

“A candidate has every right to try and challenge an election, which means to overturn it,” Levin argued. “That’s exactly what’s going on in Pennsylvania today at the behest of Chuck Schumer with their slip-and-fall lawyer, Marc Elias.”

Levin highlighted past instances where election challenges were not only permitted but celebrated by political leaders. He cited Al Gore’s legal battle in Florida during the 2000 presidential race and efforts in Minnesota that ultimately handed Al Franken a Senate seat.

“There’s nothing criminal about challenging an election,” Levin said. This is the first time it’s been criminalized. Encouraging a state legislature or a board of elections to act has never been treated as a crime before.”

Smith’s resignation has fueled speculation about its timing, particularly given Trump’s imminent return to power. Critics argue that Smith’s exit may be an attempt to avoid the embarrassment of being fired by the incoming administration or to shield himself from further scrutiny. Supporters of Trump see this as vindication of their belief that the legal cases against him were politically motivated and lacked substance. Levin emphasized that the abrupt nature of Smith’s departure only reinforces this narrative.

“This was never about justice,” Levin said. “It was about weaponizing the justice system against a political opponent. And now it’s falling apart.”

Smith’s resignation is part of a larger debate over the role of the justice system in political matters. Critics argue that targeting Trump for challenging the 2020 election has set a dangerous precedent, effectively criminalizing actions that were previously considered routine aspects of political contests. As Smith steps aside, attention shifts to how Trump’s incoming administration will handle the fallout. Levin and others are urging Trump’s attorney general to launch investigations into the motivations and conduct behind Smith’s cases, with some calling for accountability measures to restore public trust in the justice system.

For Trump, Smith’s resignation marks a significant victory, further energizing his supporters and reinforcing his narrative of political persecution. Yet it also raises questions about how his administration will navigate the legal and political challenges that remain.

The stage is set for a dramatic showdown as Trump prepares to re-enter the White House, with Smith’s resignation serving as a powerful symbol of the broader battles yet to come.

Justice Department Indicts Alleged Swatters of Turley, Members of Congress, and Others


By: Jonathan Turley | November 25, 2024

Read more at https://jonathanturley.org/2024/11/24/justice-department-indicts-alleged-swatters-of-turley-members-of-congress-and-others/

Yesterday, I was notified by the Justice Department confirming that a recent swatting indictment includes the person or persons responsible for my own swatting a year ago. One of the defendants, Thomasz Szabo, was arrested a couple weeks ago.

The indictment below charges two foreign nationals: Thomasz Szabo, 26, of Romania, and Nemanja Radovanovic, 21, of Serbia.

Szabo and Radovanovic are each charged with one count of conspiracy, 29 counts of threats and false information regarding explosives, and four counts of transmitting threats in interstate and foreign commerce.

Their alleged conspiracy began as early as December 2020. It continued through January 2024, using personal identifying information, including home addresses, to falsely report emergencies to provoke a police response at the victim’s home. According to the Justice Department, they used various monikers to communicate. Szabo used “Jonah,” “Jonah Goldberg,” “Plank,” “Rambler,” “War Lord,” “Shovel,” “Cypher,” “Kollectivist,” “Mortenberg Shekelstorms,” and “NotThuggin2”. Radovanovic used “XBD31,” “XDR,” “Angus,” “Thuggin,” “Thug Hunter,” “NotThuggin,” “DCL,” and “AOD.”

The indictment alleges that their crimes encompassed 40 private victims and 61 official victims, including members of Congress, cabinet-level executive branch officials, and senior federal law enforcement officials. It also included four businesses, four religious institutions, and one victim university.

Assistant U.S. Attorney Conor Mulroe is prosecuting the case. Under the Crime Victims Rights Act, 18 U.S.C. 3771 (1), the indictment triggers ten rights for me and the other alleged victims, including the right to be heard at a hearing involving any plea, sentencing, or parole proceeding. I was given my own Victim Identification Number (VIN) and Personal Identification Number (PIN) under the CVRA for future communications.

I am grateful to the Justice Department and these cooperating U.S. and foreign offices for their work in finding the alleged culprits who swatted my home between Christmas and New Year’s in 2023.

Whatever the role politics may have played, or our current divisions, swatting constitutes a very serious crime that can result in lethal accidents and trauma for victims. It also pulls law enforcement resources away from real crimes. In my case, five or six officers were needlessly pulled from their other duties to respond to the call.

For some, these stories become irresistible opportunities to vent against the victims or even bizarre attacks on conservative legal theory.  The liberal gotcha site, Above the Law, covered my swatting with the usual ad hominem attacks while adding a truly unhinged spin to the story. Senior Editor Joe Patrice (who has defended “predominantly liberal faculties” and not hiring conservative or libertarian law professors) insisted that swatting is somehow the fault of gun owners, Second Amendment advocates, and “edgy” police:

“Swatting is a byproduct of a nation awash in more and more powerful weapons and more and more edgy cops. And that makes these false police reports regrettably a manifestation of our age of failing to confront the disconnect between the text and history of the Second Amendment and the lazy ahistorical interpretation of this Supreme Court.”

Prosecutors notably did not include the conservative justices as co-conspirators with Szabo and Radovanovic.

This indictment is a valuable addition to deterring a crime that has become all too common. The fact that this investigation stretched to Hungary and Romania showed the extraordinary effort needed to make these arrests.  The arrests are the result of an investigation that involved a global effort, including the U.S. Secret Service Washington Field Office and Criminal Investigative Division, the FBI’s Washington Field Office and Minneapolis Field Office, the U.S. Capitol Police, the U.S. Secret Service’s Bucharest Resident Office, Miami Field Office, Syracuse Resident Office, Springfield Resident Office, the FBI’s Legat Office in Bucharest and the U.S. Attorney’s Offices for the Western District of Washington, the District of South Dakota,  the Middle District of Florida, the Southern District of Florida, the Southern District of Illinois, and the Northern District of New York.

As more such cases are prosecuted, it will hopefully shatter the sense of anonymity and impunity of such culprits. Once again, I am very thankful for the effort of all of these agencies in bringing this case.

Here is the indictment: radovanovicszabo_indictment_24-cr-386.pdf

Jonathan Turley is the Shapiro professor of public interest law at George Washington University and the author of “The Indispensable Right: Free Speech in an Age of Rage.”

Congress’s Jan. 6 Investigation Looks Less and Less Credible


By: Jonathan Turley | November 25, 2024

Read more at https://jonathanturley.org/2024/11/25/congresss-jan-6-investigation-looks-less-and-less-credible/

Below is my column in The Hill on new evidence released by the House related to the January 6th riot. The J6 Committee fueled doubts about the official accounts by using only Democratically appointed members and skewing the evidence. The new information further undermines the narrative pushed by both members and the media.

Here is the column:

On Jan. 6, 2021, the nation was rocked by the disruption of the certification of Joe Biden as our next president. With Donald Trump set to return to the White House in 2025, it is astonishing how much of that day remains a matter of intense debate. Those divisions are likely only to deepen after a slew of recent reports that have challenged the selective release of information from the House January 6 Committee.

January 6 remains as much a political litmus test as it is a historical event. Whether you refer to that day as a riot or an insurrection puts you on one side or the other of a giant political chasm. I viewed the attack on that day as a desecration of our constitutional process, but I did not view it as an insurrection. I still don’t.

It was a protest that became a riot when a woefully insufficient security plan collapsed. And that is a view shared by most Americans. One year after the riot, a CBS poll showed that 76 percent viewed it as a “protest gone too far.”

A Harvard study also found that those arrested on that day were motivated by loyalty to Trump rather than support for an insurrection.

A recent poll found that almost half of the public (43 percent) felt that “too much is being made” of the riot and that it is “time to move on.” Of course, that still leaves a little over half who view the day as “an attack on democracy.”

The continued distrust of the official accounts of Jan. 6 reflects a failure of the House Democrats, and specifically former House Speaker Nancy Pelosi (D-Calif.), to guarantee a credible and comprehensive investigation.

The House Select Committee to investigate January 6 was comprised of Democrat-selected members who offered only one possible view: that January 6 was an attempt to overthrow our democracy by Trump and his supporters. The committee hired a former ABC News producer to create a slick, made-for-television production that barred opposing views and countervailing evidence. The members, including Republican Vice Chair Liz Cheney, played edited videotapes of Trump’s speech that removed the portion where Trump called on his supporters to protest “peacefully.”

The committee fostered false accounts, including the claim that there was a violent episode with Trump trying to wrestle control of the presidential limousine. The Committee knew that the key Secret Service driver directly contradicted that account offered by former White House aide Cassidy Hutchinson.

While the Democrats insisted that Trump’s speech constituted criminal incitement, he was never charged with that crime — not even by the motivated prosecutors who pledged to pursue such charges. The reason is that Trump’s speech was entirely protected under the First Amendment. Such a charge of criminal incitement would have quickly collapsed in court.

Nevertheless, the Washington Post, NPR, other media and the committee members called Jan. 6 an “insurrection” engineered by Trump. Figures such as Rep. Jamie Raskin (D-Md.) insisted the committee had evidence that Trump organized a “coup” on Jan. 6, 2021. That evidence never materialized.

The lack of adequate security measures that day has long puzzled many of us. After all, there had been a violent riot at the White House before January 6, in which more officers were injured and Trump had to be moved to a secure location. The National Guard had to be called out to protect the White House, but those same measures (including a fence) were not ordered at the Capitol.

Two of the recent reports offered new details related to those questions.

One report confirmed that Trump did, in fact, offer the deployment of the National Guard in anticipation of the protest. The Jan. 6 Committee repeatedly dismissed this claim. After all, it would be a rather curious attempt at an insurrection if Trump was suggesting the use of thousands of troops to prevent any breach of Congress. The committee specifically found “no evidence” that the Trump administration called for 10,000 National Guard members to be sent to Washington, D.C., to protect the Capitol. The Washington Post even supposedly “debunked” Trump’s comments with an award of “Four Pinocchios.”

Yet evidence now shows that Trump personally suggested the deployment of 10,000 National Guard troops to prevent violence. For example, a transcript includes the testimony of former White House Deputy Chief of Staff Anthony Ornato in January 2022 with Liz Cheney present. Ornato states that he clearly recalled Trump’s offer of 10,000 troops.

Videotapes have also emerged showing Pelosi privately admitting that she and Democratic leadership were responsible for the security failure on Jan. 6.

Another new report from Rep. Barry Loudermilk (R-Ga.), who chairs the House Administration’s Subcommittee on Oversight, shows that it was the Defense Department that delayed the eventual deployment of National Guard in the critical hours of the riot. The evidence shows that, at 3:18 p.m., Army Secretary Ryan McCarthy “tells sheltering Members of Congress that he is not blocking the deployment of the National Guard and, while referencing the D.C. National Guard, shares that ‘We have the green light. We are moving.’” However, the secretary of the Army’s own timeline indicates that the DCNG did not physically leave the Armory until 5 pm.

That was the critical period for the riot. Around 2:10 p.m., people surged up the Capitol steps. Just an hour later, McCarthy said troops were on their way. At 4:17 p.m., Trump made his public statement asking rioters to stop — roughly an hour and a half later. Yet it was not until 5 pm that the troops actually left for the Capitol.

The House is also under greater scrutiny this week for new information on the shooting of the only person to die on Jan. 6. While Democrats have referred to many deaths on that day, the only person who died in the riot itself was Ashli Babbitt, a protester shot by Capitol Police. I have long disagreed with the findings of investigations by the Capitol Police and the Justice Department in clearing Captain Michael Byrd for this shooting. The media lionized Byrd and, in sharp contrast to other police shootings during that period, blamed the deceased. Again, an unjustified shooting of a protester would not fit the media narrative.

The concerns over the shooting were heightened by the Justice Department’s bizarre review and report, which notably did not state that the shooting was justified. Instead, it declared that it could not prove “a bad purpose to disregard the law” and that “evidence that an officer acted out of fear, mistake, panic, misperception, negligence, or even poor judgment cannot establish the high level of intent.”

Babbitt, 35, was an Air Force veteran who was clearly committing criminal acts of trespass, property damage and other offenses at the time she was shot. However, Babbitt was unarmed when she tried to climb through a broken window.

Byrd stated “I could not fully see her hands or what was in the backpack or what the intentions are.” In other words, Byrd admitted he did not see a weapon. He took Babbitt’s effort to crawl through the window as sufficient justification to kill her. It was not. And it is worth noting that Byrd could just as well have hit the officers standing just behind Babbitt.

The new report confirms that Byrd had prior disciplinary and training issues, including “a failed shotgun qualification test, a failed FBI background check for a weapon’s purchase, a 33-day suspension for a lost weapon and referral to Maryland state prosecutors for firing his gun at a stolen car fleeing his neighborhood.” In one incident, detailed in a letter from Loudermilk, Byrd was suspected of lying about the circumstances under which he shot at the fleeing car.

None of this means that Trump or even Babbitt are without fault in this matter. Trump’s speech was clearly “reckless and wrong,” and Babbitt herself was involved in that riot. However, these reports only further highlight what we still do not know about that day.

Jonathan Turley is the Shapiro professor of public interest law at George Washington University and the author of “The Indispensable Right: Free Speech in an Age of Rage.”

Daniel Penny defense rests as final witness reveals Jordan Neely had open warrant, defendant doesn’t testify


By Michael Ruiz , Grace Taggart Fox News | Published November 22, 2024, 10:22am EST | Updated November 22, 2024 4:01pm EST

Read more at https://www.foxnews.com/us/daniel-penny-trial-defense-witness-who-claimed-chokehold-didnt-kill-jordan-neely-returns-stand

NEW YORK – The defense has rested its case in Daniel Penny’s New York City manslaughter trial – after the final witness took the stand and revealed that Jordan Neely had an open bench warrant at the time of his death.

Penny, a 26-year-old Marine veteran and architecture student, grabbed the 30-year-old Neely in the middle of a schizophrenic, drug-fueled outburst on a subway car that witnesses said included death threats and had them fearing for their lives. Although Neely still had a pulse when Penny let go, he later died.

Brian Kemef, who works for the court clerk’s office, revealed that a warrant was issued for Neely on Feb. 23, 2023 – just weeks before his death in May of that year. Fox News Digital has previously reported Neely was a repeat offender whose violent history included other subway assaults.

DANIEL PENNY DEFENSE CALLS FORENSIC PATHOLOGIST TO WITNESS STAND: ‘THE CHOKEHOLD DID NOT CAUSE THE DEATH’

Daniel Penny walks in the hallway of Manhattan Supreme Court
Daniel Penny walks in the hallway of Manhattan Supreme Court on Tuesday, November 19, 2024. Penny, a Marine veteran, is charged with second-degree manslaughter and criminally negligent homicide in the 2023 death of Jordan Neely on a New York City subway train. (Rashid Umar Abbasi for Fox News Digital)

Speaking without the jury present, Judge Maxwell Wiley separately flagged that he’d like to schedule a charging conference for Monday.

Penny did not take the stand, and his lawyers told reporters outside the courthouse that he didn’t have to after jurors got to see video of his NYPD interrogation.

Neely, who had health issues including schizophrenia and sickle cell trait and was a chronic abuser of synthetic marijuana, died due to exertion from the struggle and not because he’d been choked out, defense lawyers Thomas Kenniff and Steven Raiser argued. 

The trial began Friday with a second day of testimony from Dr. Satish Chundru, a Texas forensic pathologist working for Penny’s defense. Contrary to the official autopsy report conducted by Dr. Cynthia Harris of the New York City Medical Examiner’s Office, Chundru testified that he does not believe a chokehold caused Neely’s death.

Jordan Neely’s open bench warrant:

https://static.foxnews.com/foxnews.com/content/uploads/2024/11/defense-exhibit-o.pdf

During a grueling cross-examination, Assistant Manhattan District Attorney Dafna Yoran grilled Dr. Chundru on the connection between sickle cell trait and death in other cases, prompting repeated objections from the defense.

At one point, Judge Maxwell Wiley cut her off and said, “we’re not doing that.” But the questioning continued through more objections before the court went to recess.

Expert witness in the Daniel Penny chokehold trial
Dr. Satish Chundru leaves the courtroom during a recess in Daniel Penny’s New York City manslaughter trial at Manhattan Supreme Court in New York City on Thursday, Nov. 21, 2024. (Rashid Umar Abbasi for Fox News Digital)

Before jurors returned, the defense argued that Yoran improperly brought up the term “homicide,” a misstep that happened earlier in the trial as well.

Wiley said he did not want to strike the back-and-forth. When the jury returned, he told them that “homicide” means something different to a medical examiner than it does to a lawyer or a jury and asked them not to weigh the witness’ use of that word when weighing facts of the case.

It was the second time that the word “homicide” came up controversially and prompted the defense to raise an objection. Earlier this week, Wiley ordered the first comment stricken, when Dr. Harris mentioned that “all homicide reports” were reviewed by another doctor in the city medical examiner’s office.

Not all homicides are criminal, and the defense argued that the prosecution’s repeated espousal of the word could confuse the jury. The defense asked the court to note for the record that they have had several conversations, and the DA’s office agreed that bringing up testimony from forensic pathologists regarding death as a “homicide” would be misleading to the jury.

The first time, it came from Dr. Harris. The second, the defense said Yoran said the word as part of her questioning. She denied it. The judge said he would review the transcript later and issue additional jury instructions if necessary.

Jordan Neely is pictured before going to see the Michael Jackson movie
Jordan Neely is pictured before going to see the Michael Jackson movie, “This is It,” outside the Regal Cinemas on 8th Avenue and 42nd Street in Times Square in New York City in 2009. (Andrew Savulich/New York Daily News/Tribune News Service via Getty Images)

While Penny’s team has maintained that his actions were justified, that’s not their only line of defense, according to Louis Gelormino, a New York City defense attorney who is closely following the case.

“One of the other defenses is, ‘Well, I didn’t kill him. My actions weren’t the cause of death,'” he told Fox News Digital Friday. “So yes, it doesn’t make a difference if it was justifiable. But if his actions weren’t justifiable, the jury could also say, ‘Hey, [his] actions didn’t kill him. He died because of the other things going on in his body.’ And that’s why that’s relevant.”

Chundru, a former Miami-area medical examiner who now runs a private practice in Texas conducting autopsies in a half-dozen counties, has testified that he did not believe an air choke caused Neely’s unconsciousness and, therefore, did not cause his death.

Rather, he blamed it on “the combined effects of sickle cell crisis, the schizophrenia, the struggle and restraint, and the synthetic marijuana.”

Cynthia Harris, M.D. arrives for Daniel Penny’s trial at the Manhattan Criminal Court building
Dr. Cynthia Harris arrives for Daniel Penny’s trial at the Manhattan Criminal Court building in New York City on Friday, Nov. 15, 2024. Penny, a Marine veteran, is charged with second-degree manslaughter and criminally negligent homicide in the 2023 death of Jordan Neely on a New York City subway train. (Adam Gray for Fox News Digital)

Dr. Michael Baden, a former New York City medical examiner and leading forensic pathologist, disagreed with Chundru’s testimony.

“Dr. Chundru’s testimony may have been very interesting, but it was wrong,” he told Fox News Digital. “He described what can happen in sickle cell disease, not what happens in sickle cell trait, which Neely had. Eight percent of Black people in this country have sickle trait, which is a benign medical condition that rarely causes any symptoms, let alone death.”

At the autopsy, Harris found significant “sickling” on Neely’s organs, she testified, and lawyers on both sides asked for an explanation. She said the condition did not contribute to Neely’s death, and she blamed it solely on asphyxiation from the chokehold. 

“Sickle trait red blood cells do sickle after death, when the body’s oxygen supply disappears and can be seen at autopsy – as with Neely or with anyone with sickle trait dying from any condition,” Baden said. “It’s a post-mortem artifact like rigor mortis. Further, death from sickle disease takes days of sickling to occur; it can’t occur in seconds as happened to Neely.”

Screenshot from bystander video showing Jordan Neely being held in a chokehold on the New York City subway.
Screenshot from bystander video showing Jordan Neely being held in a chokehold on the New York City subway. (Luces de Nueva York/Juan Alberto Vazquez via Storyful)

DANIEL PENNY TRIAL: SUBWAY MADMAN CLAIMED HE HEARD TUPAC AND DEVIL BEFORE DEADLY CHOKEHOLD, SHRINK SAYS

However, he said, even if the chokehold caused Neely’s death, it is not up to the medical examiner to decide whether that was criminal.

“The individual circumstances are important as to whether the death could [or] should have been avoided, and whether the death should be prosecuted, which is entirely up to the prosecutor,” he said.

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Penny faces up to 15 years in prison if convicted on the top charge of manslaughter. He also faces a charge of criminally negligent homicide. It was not immediately clear whether he would take the stand in his own defense, although some experts have suggested it is likely that he will because it is a self-defense case.

The Police Report About Pete Hegseth’s Alleged Sexual Assault Vindicates Him of Criminality


By: Eddie Scarry | November 21, 2024

Read more at https://thefederalist.com/2024/11/21/the-police-report-about-pete-hegseths-alleged-sexual-assault-vindicates-him-of-criminality/

Pete Hegseth
All of the evidence indicates Pete Hegseth was pursued by a married woman who then regretted her decision to have an affair.

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Disclaimer: This article discusses explicit sexual acts.

What you’re going to hear now and in the coming days from the national media is that there are “graphic” details in a police report related to an alleged sexual assault involving Pete Hegseth, President-elect Donald Trump’s incoming nominee for Defense secretary. It’s certainly graphic, but the media will bet you won’t bother reading the report, which in reality looks really bad for the alleged victim and effectively clears Hegseth of criminality.

The 22-page report details an incident from seven years ago when in 2017, Hegseth, then a Fox News celebrity, attended an event for a Republican women’s group as a featured speaker. The way the media have relayed the event so far is that a woman in attendance has accused Hegseth of drugging her at an afterparty before raping her in his hotel room. Outside of the alleged victim’s admittedly incomplete recollection, none of the testimony or evidence included in the police report supports that claim. In truth, all of it indicates that the accuser lied to her husband, who was in her hotel room, while she galivanted at night with Hegseth and other attendees before voluntarily joining him in his room to have consensual sex.

The report’s events took place in early October 2017, and it includes multiple eyewitness testimonies and text message evidence of what took place before and after the alleged assault. The alleged victim is identified only as Jane Doe. After a night of moderate drinking, during which Doe says she at some point felt she may have been surreptitiously drugged, Doe said she remembered few details but that she recalled inexplicably finding herself in Hegseth’s hotel room, that he ejaculated on her body, and that she thereafter went to her own room to join an unnamed person in bed. Text messages she shared with police indicate the person was her husband and that there were other parties in the room, likely children.

Doe ended up in contact with police after she saw a medical provider to administer a sexual assault exam. The provider was required by California law to tell police of the allegation that was shared by Doe. Doe told police she didn’t recall drinking heavily that day but then later said she did and that at some point she confronted Hegseth by the hotel pool about the way he had behaved with other women that night, which she found “inappropriate.” She would also later tell police that she recalled asking Hegseth in his hotel room if he had a condom.

And that’s the exact point you know things have taken a turn out of her favor.

The rest of the report is an overwhelming refutation of that version of events. Included are text exchanges with her husband, wherein she repeatedly mentions Hegseth, but omits that she was spending time with him at the after-parties; testimonies from other women in attendance who said Doe never appeared overserved and in fact seemed completely coherent throughout; surveillance video footage that showed Doe and Hegseth walking around with locked arms; and a hotel staff member who recalled engaging Doe and Hegseth by the pool, at which time Hegseth was belligerent and Doe guided Hegseth away from the conflict.

The report ends with Hegseth’s version of events, in which he admits he only initiated sex with Doe after she took him to his room and says that the two of them repeatedly expressed reservations about the intimacy. He said that the two of them agreed the affair needed to remain secret. If there’s one corroborated piece of Doe’s story, it’s that Hegseth also recalled that she asked him if he had a condom.

Some key moments in the report:

“JANE DOE stated she used a condom when she had sex with” her husband after the alleged assault. The explanation for that is redacted, but thereafter the report says, “JANE DOE stated she had a vaginal discharge and was diagnosed with bacterial vaginosis,” a condition that “can be caused by having multiple sex partners.”

— Text messages with her husband, who was at the conference, show Doe asking him if he was familiar with Hegseth, referring to him as “TDB lite” and “Mini TDB,” which appear to be meant as insults. Doe’s husband replies, “Oh you mean the man who tried to have sex with my wife?” and “Not a good first impression for Pete.”

— Doe’s husband told police it was 4 a.m. when his wife returned to their shared room. “JANE DOE arrived at their hotel room, accessed the room on her own and had used the key card reader to get in,” the report said. “JANE DOE told [her husband] that she ‘Must have fallen asleep.’ JANE DOE was apologetic.” Her husband “noticed that JANE DOE did not have a hard time walking and was not slurring her words.”

— A hotel staff member told police he encountered Doe and Hegseth at the pool and “JANE DOE placed her hand and arm on the back of HEGSETH” and “escorted him” away. The staffer described Hegseth as “very intoxicated.” By contrast, he said Doe was “not intoxicated” and in fact “standing on her own and was very coherent.”

— Of the hotel surveillance video, the report said, “The video showed JANE DOE and HEGSETH walking together, with arms locked together.”

Hegseth’s testimony also goes into detail about what happened in his hotel room, and he maintains it was consensual. No charges were ever brought, and Hegseth paid the woman a settlement fee at the time to make the drama go away.

Nobody should be left with questions about what happened here. All of the evidence indicates Hegseth was pursued by a married woman who then regretted her decision. (I’m sure the vaginal discharge didn’t help.)


Eddie Scarry is the D.C. columnist at The Federalist and author of “Liberal Misery: How the Hateful Left Sucks Joy Out of Everything and Everyone.”

‘Smirking Young Thug’ With Links to Tren de Aragua Charged in Robbery of NYC Prosecutor


By: Virginia Allen | November 21, 2024

Read more at https://www.dailysignal.com/2024/11/21/smirking-young-thug-with-links-to-tren-de-aragua-charged-in-robbery-of-nyc-prosecutor/

Law enforcement officers escort illegal alien Brandon Simosa following his robbery arrest Tuesday night. (Screenshot from the New York Post)

Around 2 a.m. Sunday, police said, Brandon Simosa robbed Bragg’s employee, a 38-year-old woman, in her apartment building on 44th Street, the New York Post first reported. Simosa, 25, fled with the woman’s smart phone and bank cards after she discovered him as he “performed a lewd act” in a hallway, WABC-TV/Channel 7 Eyewitness News reported. The man was masturbating, the Post reported.  

Bragg is probably best known for his successful, high-profile prosecution of former President Donald Trump, now the president-elect, for falsifying business records before and after the 2016 election. 

Simosa illegally crossed the southern border into Eagle Pass, Texas, in October 2023, the Post reported.

Police tracked the stolen phone to find and arrest Simosa on Tuesday night outside a hotel being used as a migrant shelter in Midtown Manhattan. He was using drugs and had stolen items with him when police located him, according to Eyewitness News.  Charges against Simosa include sexually motivated robbery, grand larceny, and criminal possession of stolen property, the Post reported.

Cameras caught Simosa smirking Wednesday as authorities led him out of the New York Police Department’s Midtown South Precinct.  

“This utterly unrepentant, smirking young thug is just one of thousands allowed in under the Biden administration’s open border and then encouraged to come to New York City by its blank checks for housing, income, health care, education, and other services Americans don’t get for free,” Simon Hankinson, a senior research fellow in The Heritage Foundation’s Border Security and Immigration Center, told The Daily Signal.  

Over 10 million illegal aliens have crossed the border into the U.S. during the Biden-Harris administration, according to U.S. Customs and Border Protection data. New York Mayor Eric Adams, a Democrat, has said that over 223,000 illegal immigrants have arrived in the Big Apple and “sought city services” since the spring of 2022. 

“While living off the taxpayer, [illegal aliens] can rob and assault with little fear of timely prosecution, and they are usually let out on cashless bail,” Hankinson said.  

Shortly after taking office at the beginning of 2022, Bragg, a Democrat, directed his prosecutors in a memo to seek jail time only in “very serious cases.” After receiving pushback from New Yorkers, Bragg revised his direction, telling prosecutors: “You were hired for your keen judgment, and I want you to use that judgment.”  

Heritage Foundation legal fellows Cully Stimson and Zack Smith, authors of the book Rogue Prosecutors: How Radical Soros Lawyers Are Destroying America’s Communities,” have accused Bragg of furthering “pro-criminal, anti-victim policies.”   

Bragg’s office did not immediately respond to The Daily Signal’s request for comment.  

The district attorney in Georgia “who took the death penalty off the table for Laken Riley’s killer—another Tren de Aragua associate from Venezuela—was as woke as Alvin Bragg,” Hankinson said. 

Riley, a 22-year-old nursing student, was found dead Feb. 22 near a running trail in Athens, Georgia. Authorities said she died of blunt force trauma to the head and suffocation.  A Georgia judge on Wednesday found illegal alien Jose Antonio Ibarra, 26, guilty on all 10 counts in Riley’s bludgeoning death. Superior Court Judge H. Patrick Haggard sentenced Ibarra, who had waived his right to a jury trial, to life in prison without parole.

Athens-Clarke District Attorney Deborah Gonzalez, a Democrat, appointed a special prosecutor to take on the Riley case but said her office wouldn’t seek the death penalty when prosecuting criminals.  

In the Nov. 5 election Republican challenger Kalki Yalamanchili defeated Gonzalez by 60% to 40%, the Post reported.

The Layaway Presidency: How Alvin Bragg Would Create a New Constitutional Creature


By: Jonathan Turley | November 20, 2024

Read more at https://jonathanturley.org/2024/11/20/the-layaway-presidency-how-alvin-bragg-would-create-a-new-constitutional-creature/

Below is my column in the New York Post on the effort of Alvin Bragg to suspend the criminal case against President-Elect Donald Trump for almost five years. It would be a terrible choice for the court and for the country.

Here is the column:

Manhattan District Attorney Alvin Bragg pushed Tuesday to create a new constitutional creature: the layaway president. It was once common for stores to hold expensive items that you really wanted but could not make the payment. So, they were tagged and kept on the shelf until you were ready to redeem your item.

For Bragg, that leaves Donald Trump tagged until 2029.

In a filing before Manhattan Justice Juan Merchan, Bragg suggested that the court should stay the pending criminal case and defer any sentencing “until after the end of defendant’s upcoming presidential term.” That would allow a city prosecutor to put a leash on a sitting president for four years. Trump would govern by the grace of this local judge and district attorney. In the meantime, pundits and politicians could portray the president as free on a type of work release program.

The suggestion is appalling to most of the people in the country, including the majority of voters who voted for Trump. Vice President Kamala Harris and Democrats ran on this and other cases in the election. The result was arguably the largest jury decision in history.

That being said, I do not believe that the mere election of a president negates jury verdicts on 34 criminal counts. But ample reasons exist to overturn those verdicts or to dismiss this case. For example, after the verdict, the Supreme Court rendered its immunity decision barring the use of certain evidence against a president. Some of the evidence used in the Manhattan case likely fell within one of the protected categories. The prosecutors not only elicited testimony from Trump aides in the White House but then doubled down on the significance of that evidence in their closing arguments. Merchan could declare that the court cannot rule out the impact of such testimony on the final verdict.

Even if Merchan, as expected, does not dismiss the case on the basis for the immunity decision, the trial was rife with reversible error. This was a raw exercise of lawfare, and Merchan did little to ensure fairness toward the defendant. Yet none of those errors can be likely addressed until Merchan reaches final decisions on the motion to dismiss as well as the sentencing question.

While that will mean that Trump could, upon possible sentencing, formally become a convicted felon, the matter can then be finally pried out of the hands of Merchan and taken to higher courts for review. The worst possible option is the one suggested by Bragg, who would adopt the popular persona of Trump’s turnkey.

The President would be seen by many as governing on a type of conditional status from one of the most politically compromised prosecutors in the country. For Bragg and other Trump opponents, that may be far more satisfying than a sentencing now given the unlikelihood of any jail component.

After the years and millions spent on the case, it would be the ultimate buzz kill to have Trump sentenced to some fine or other non-carceral penalty. Many Democrats want to have Trump govern with an asterisk of a “President pending sentencing.” Instead, Trump would govern with the clock ticking toward a sentencing date.

It is a dangerous precedent. Such pending sentences can have a coercive impact on a president in dealing with given officials, including a state governor who might be willing to pardon a president.

Consider the effort of the governor of New York in restoring the lucrative state and local tax, or SALT, deductions. There is no reason to believe that Trump would succumb to such leverage (and he has already indicated that he would consider the change).

However, any decision on policies like SALT would be the subject of speculation of whether a reduction in taxation was made in the hope of a reduction in incarceration.

Critics would suggest that New York is yanking on the leash to achieve policy advantages. This is the same judge and prosecutor who gagged the leading candidate for the presidency in discussing aspects of the case in the months leading up to the election. Now, they would allow him to govern pending their own suspended decisions on his future.

The Trump case was always a thrill kill for Bragg. Under Bragg’s proposal, his supporters would prolong that thrill for four more years. The cost, however, would be devastating for the country.

This country needs a president, not a president on layaway from the Manhattan District Attorney.

Jonathan Turley is the Shapiro professor of public interest law at George Washington University and the author of “The Indispensable Right: Free Speech in an Age of Rage.”

Gallup: Public Support for Gun Bans Craters


By: Jonathan Turley | November 19, 2024

Read more at https://jonathanturley.org/2024/11/19/gallop-public-support-for-gun-bans-craters/

According to Gallup’s latest polling, support for a handgun ban has fallen to just 20 percent and support for an “assault weapons” ban has cratered to just 52 percent. Gun bans were a constant call from both President Joe Biden and Vice President Kamala Harris over the last four years. President Biden often combined the call with dubious factuallegal, and historical arguments.

I previously wrote about the failure of politicians to acknowledge the limits posed by the Second Amendment and controlling case law. While there are good-faith objections to how the Second Amendment has been interpreted, the current case law makes such bans very difficult to defend.

In 2008, the Supreme Court handed down a landmark ruling in District of Columbia v. Heller, recognizing the Second Amendment as encompassing an individual right to bear arms. Yet, the 2024 campaign showed a belated recognition that the Administration has failed to galvanize public opinion in support of gun limits and bans. Harris came under fire during the campaign when she suddenly seemed to embrace one of the very guns that she previously vilified as it became clear that she was too far left from much of the country.

Years ago, I wrote that the rise in gun ownership in the United States, including among minority gun owners, was strikingly out of sync with the Democratic talking point. In 2019, support for an assault weapons ban stood at 61%. It is now barely at a majority.

The drop in support for a handgun ban is notable in that only 33 percent of Democrats support such a ban. The rise in gun ownership and the drop in polling raise another issue where Democratic candidates seem to be speaking to an increasingly empty room. The gun ownership rates are a problem for the party because most political issues do not involve a large personal investment by citizens. When someone becomes a gun owner, they spend hundreds of dollars on the weapon, ammunition, and other costs. The ban campaigns become more of a personal and financial issue for them.

Harris’s attempt to appeal to gun owners fell flat after years of calling for limits and bans. The question is whether the party is ready to pivot on this and other issues — and whether it can give its political base. That 33 percent is the core voting bloc in primaries even as the rest of the country moves toward the center of the political spectrum.

Jonathan Turley is the Shapiro professor of public interest law at George Washington University and the author of “The Indispensable Right: Free Speech in an Age of Rage.”

Marc Elias and the Demise of the Faux “Save Democracy” Movement


By: Jonathan Turley | November 13, 2024

Read more at https://jonathanturley.org/2024/11/13/marc-elias-is-back-and-that-is-not-good-news/

(MSNBC/via YouTube)

Below is my column in the New York Post on the reappearance of Marc Elias in leading the effort to undo the victory of Dave McCormick in Pennsylvania. While some have distanced themselves from the controversial Democratic lawyer, Sen. Bob Casey has embraced Elias in his effort to retain the seat. Despite being sanctioned and ridiculed by courts in prior cases, Democrats continue to enrich Elias, who is the personification of the hypocrisy of some self-appointed “save democracy” champions. Casey continued on Tuesday to refuse to concede. Every candidate has a right to have all of the votes counted. However, regardless of the outcome of the effort, Casey’s association with Elias destroys any moral high ground for him and his campaign.

Here is the column:

Marc Elias is back and that is not good news. Despite the Pennsylvania race being called by the AP almost a week ago, Elias is working with Sen. Bob Casey (D-Pa.) to try to change that outcome. It is not surprising that Casey was left with Elias.

For many, Elias is a notorious figure who captures the hypocrisy of the “save democracy” crowd. Elias is an attorney who has been sanctioned in court and denounced by critics as a Democratic “dirty trickster” and even an “election denier.” Despite his checkered history, Elias remains the go-to lawyer for many Democratic campaigns.

It was Elias who was the general counsel to the Clinton presidential campaign when it funded the infamous Steele dossier and pushed the false Alfa Bank conspiracy. (His fellow Perkins Coie partner, Michael Sussmann, was indicted but acquitted in a criminal trial.) During the campaign, reporters asked about the possible connection to the campaign, but Clinton campaign officials denied any involvement in the Steele Dossier. When journalists discovered after the election that the Clinton campaign hid payments for the Steele dossier as “legal fees” among the $5.6 million paid to Perkins Coie, they met with nothing but shrugs from the Clinton staff.

New York Times reporter Ken Vogel said at the time that Elias denied involvement in the anti-Trump dossier. When Vogel tried to report the story, he said, Elias “pushed back vigorously, saying ‘You (or your sources) are wrong.’” Times reporter Maggie Haberman declared, “Folks involved in funding this lied about it, and with sanctimony, for a year.”

Elias was back when John Podesta, Clinton’s campaign chairman, was questioned by Congress on the Steele dossier and denied categorically any contractual agreement with Fusion GPS. Sitting beside him was Elias, who reportedly said nothing to correct the misleading information given to Congress.

The Clinton campaign and the Democratic National Committee were ultimately sanctioned by the FEC over the handling of the funding of the dossier through his prior firm. (I previously discussed the comparison to the criminal charges against Trump for treating the mislabeling of payments as “legal expenses.”).

The Democratic National Committee reportedly later cut ties with Elias.

Nevertheless, other Democrats continued to hire Elias despite his checkered past. He unsuccessfully led efforts to challenge Democratic losses.  Elias also was the subject of intense criticism after a tweet that some have called inherently racist.

Elias continued to be accused of not defending but thwarting democracy. In Maryland, Elias filed in support of an abusive gerrymandering of the election districts that a court found not only violated Maryland law but the state constitution’s equal protection, free speech and free elections clauses. The court found that the map pushed by Elias “subverts the will of those governed.”

His work for New York redistricting was ridiculed as not only ignoring the express will of the voters to end such gerrymandering but effectively negating the votes of Republican voters. In 2024, the Chief Judge of the Western District of Wisconsin not only rejected but ridiculed the Elias Law Group for one of its challenges. Judge James Peterson (an Obama appointee) said that the argument “simply does not make any sense.”

The point is that it does not have to make sense. Democratic campaigns fund Elias and his various profitable enterprises to seek to change the outcome of called elections.

That is the case with Casey. Trump won Pennsylvania’s presidential election, and Dave McCormick received tens of thousands more votes. With 99 percent of the votes counted, even Senate Majority Leader Chuck Schumer relented in reversing his decision to bar McCormick from the orientation for new senators.

What is most striking is the strategy of Elias. The state has roughly 87,000 provisional ballots to count, but those ballots were generally challenged for defects or suspected invalidity. Even if they were to count, it is unlikely that they will break so overwhelmingly for Casey to overturn the result. Indeed, only about 30,000 were coming from Casey strongholds in Philadelphia and Allegheny County. However, Elias just wants to get within .5% to trigger a mandatory recount.

It is reminiscent of Trump demanding an additional recount in Georgia, maintaining on a call that all he needed was to “find 11,780 votes” to change the outcome.  All Elias needs to do is find 40,000 votes.

Of course, when Trump made that comment, Elias and Democrats insisted that he was seeking to defraud the state by demanding a new recount.

It is not the first time Elias seemed to morph into those he denounced. Previously in New York, Elias unsuccessfully sought to flip the result in a congressional race by claiming that the Dominion voting machines somehow switched or changed votes. Sound familiar?

Casey will eventually have to accept defeat, but Elias will remain the break-the-glass option for Democratic campaigns when other lawyers have lost the appetite for challenging election results.

Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University. He is the author of “The Indispensable Right: Free Speech in an Age of Rage.” 

“Remember, Remember, the 5th of November”: Democrats Seem to be Moving on From Democracy


By: Jonathan Turley | November 12, 2024

Read more at https://jonathanturley.org/2024/11/12/remember-remember-the-5th-of-november-democrats-seem-to-be-moving-on-from-democracy/#more-225319

Democracy appears to be losing its appeal on the left. After campaigning on panic politics and predicting the imminent death of democracy, some on the left are now calling to burn the system down in light of Republicans not only taking both houses and the White House but Trump likely winning the popular vote.

Some seem to believe that what happened on November 5th is a license to become a modern version of Guy Fawkes (“Remember, remember, the 5th of November; Gunpowder, treason and plot; I see no reason; Why gunpowder treason; Should ever be forgot”).

Protesters after the election called for tearing down the system as a whole, insisting that “Trump is not an individual. He’s a figurehead of a system that’s rotten.” Even before the election, law professors and law deans called for a break from the Constitution. Those voices will likely be amplified after the massive electoral loss by Democrats.

Others are seeking to evade the results of the election to still bring Harris to power.  CNN’s Bakari Sellers wants to pressure Supreme Court Justice Sonia Sotomayor to resign and replace her with Harris. Former Harris aide Jamal Simmons wants Biden to resign to allow Harris to become president despite the vote of the majority.

It is an ironic twist after Democratic politicians and pundits repeated the mantra that, if we did not elect Harris, this might be our last election. After losing that election, democracy appears to be the problem. The majority of Americans voting for Trump have been called “anti-American” by Gov. Hochul. Other politicians and pundits have called them racists, misogynists, or weaklings seeking domination by strongmen and bullies.

The problem is now with young and minority voters.  Trump won white women voters by eight points at 53 percent. Harris actually fell slightly in the support of women overall. Conversely, roughly 43 percent of men voted for Harris. Forty percent of women under 30 voted for Trump. Even CNN reports that Trump’s performance was the best among young people (18-29 years old) in 20 years, Black voters in 48 years, and Hispanic voters in more than 50 years.

THIS IS A SPOOF. IT ASKS THE QUESTION, WHAT IF THIS DID HAPPEN?

So, it appears that it is time to move on. The call for Biden to simply do what the public did not want to do (in making Harris president) is particularly ironic. Many voters were repulsed by the Democrats simply making Harris the nominee after all the primaries were over. This was the candidate who could not garner any appreciable votes in the prior presidential primaries before being made Vice President by Biden. Now, the idea is that she would be elevated by the unilateral act of Biden.

Without a hint of self-awareness or recognition of the hypocrisy, Simmons insisted that this would “Fulfill [Biden’s] last promise — to be transitional.” Most people understood that to mean democratically transitional in opening the way for the election of new leadership. He did so after he was forced to step aside after winning every Democratic primary and tens of millions of votes.

Nevertheless, Simmons argued that “Democrats have to learn drama and transparency and doing things that the public wanna see is the time.” That would certainly be dramatic as well as anti-Democratic.  Yet, Simmons explained that “this is the moment for us to change the entire perspective of how Democrats operate.” Indeed, it would. It would confirm that the Democratic Party is an effective oligarchy, the very thing that they just campaigned against.

Sellers is more modest. He just wants Harris on the Supreme Court. At no point in history has anyone suggested that Harris was a leading legal mind. Nothing in her history suggests that she is a competent, let alone promising, candidate for the highest court. Harris has previously suggested her support for possible radical changes on the Court, including court packing. She is also a decidedly anti-free speech figure in American politics.

None of that matters any more than the results of the election. Harris would be put on the Court not due to any specific talents or skills but because it would be “consequential.” He wrapped up by saying “let Republicans go crazy, ape, I’m even mentioning that option.”

Others are not pushing Harris but are pushing Sotomayor to resign to allow for one of the fastest confirmations in history. Under this theory, a lame duck president would muscle through a confirmation before Trump could come into power. Of course, that ignores the possibility that you could vacate the seat and then fall short in the sharply divided Senate. That includes the possible loss of senators who might balk at such a maneuver, including outgoing Democratic Sens. Joe Manchin and Kyrsten Sinema.

The one option that does not appear to be popular is to listen to the voters and actually return the Democratic Party back toward the center of our politics. The problem is now the voters themselves.

French Prime Minister Georges Clemenceau once famously insisted that “War is too important to be left to the generals.” The Democrats appear to be working on a new view that democracy is too important to be left to the voters.

Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University. He is the author of “The Indispensable Right: Free Speech in an Age of Rage.” 

Behold The Flying Dutchman: Trump Prosecutors Find Themselves on Listless Ships Without a Port of Call


By: Jonathan Turley | November 8, 2024

Read more at https://jonathanturley.org/2024/11/08/behold-the-flying-dutchman-trump-prosecutors-find-themselves-on-listless-ships-without-a-port-of-call/

Below is my column in The Hill on the collapse of the lawfare campaigns against Trump. The first to go will likely be the two cases by Special Counsel Jack Smith, who became a lame-duck prosecutor at around 2:30 am last Wednesday. We are also waiting for what is likely to be a reduction or even a rejection of the Trump civil case by Attorney General Letitia James. While Democratic prosecutors are likely to continue, if not ramp up, their lawfare efforts, Trump will enter office with a fraction of the existing legal threats that have dogged him for years. For prosecutors, they are left like the ancient mariner:

Day after day, day after day,
We stuck, nor breath nor motion;
As idle as a painted ship
Upon a painted ocean.

Here is the column:

Nearly two years ago, I wrote that Democratic prosecutors’ lawfare campaign against Donald Trump would make the 2024 election the single largest jury decision in history. Now that the verdict is in, the question is whether prosecutors will continue their unrelenting campaign against the president-elect and his companies.

The answer is that it may not matter.

The election reflected a certain gag sensation for a public fed a relentless diet of panic and identity politics for eight years. The 2024 election will come to be viewed as one of the biggest political and cultural shifts in our history. It was the mainstream-media-versus-new media election; the Rogan-versus-Oprah election; the establishment-versus-a-disassociated-electorate election.

It was also a thorough rejection of lawfare. One of the things most frustrating for Trump’s opponents was that every trial or hearing seemed to give Trump a boost in the polls. As cases piled up in Washington, New York, Florida and Georgia, the effort seemed to move more toward political acclamation than isolation. These cases are now legal versions of the Flying Dutchman — ships destined to sail endlessly but never make port.

If there is a single captain of that hapless crew, it is Special Counsel Jack Smith. For more than a year, Smith sought to secure a verdict in one of his two cases in Washington and Florida before the election. His urgency was seemingly shared by Judge Tanya Chutkan in Washington, but by few other judges or justices.

Around 2 am, Smith became a lame-duck prosecutor. Trump ran on ending his prosecutions and can cite a political mandate for it. Certainly, had he lost, the other side would be claiming a mandate for these prosecutions.

Trump’s new attorney general could remove Smith and order the termination of his continued prosecution. That is less of a problem in Florida, where a federal judge had already tossed out the prosecution of the classified documents case, which some of us saw as the greatest threat against Trump.

In Washington, Chutkan, who proved both motivated and active in pushing forward the election interference case, could complicate matters. Under federal rules, it is up to Chutkan to order any dismissal.

In the case of former national security adviser Michael Flynn, Judge Emmet Sullivan resisted granting the dismissal sought by the Justice Department — a record that I criticized as both unusual and unwarranted.

Chutkan could run the incoming Trump administration around on any dismissal, but in the end, it should succeed in ending Smith’s ill-considered indictment. In reality, Smith was not only losing the Florida case but was likely to be reversed again in Washington due to his refusal to make sufficient changes in his indictment of Trump after the recent immunity decision by the Supreme Court.

Smith could make one last push to damage Trump in the period before the inauguration by pushing for an immunity decision from Chutkan. He would again likely find a supportive ally in Chutkan.

However, in the end, this would do little to change the fact that the Flying Dutchman will soon be without a crew or port of call.

One of the most immediate cases to resume is the prosecution in Manhattan by District Attorney Alvin Bragg. Many, including commentators like CNN’s senior legal analyst Elie Honig, have denounced that case as legally flawed and obviously politically motivated.

Judge Juan Merchan is scheduled to rule on the immunity issue by Nov. 11 and to hold a possible sentencing on Nov. 26. Merchan has shown a pronounced bias against Trump in the past, and his counsel is likely anticipating a continuation of this pattern.

Merchan could sentence Trump to jail. However, such an abusive sentencing, even a brief one, would likely trigger an expedited appeal and would likely be stayed. Trump cannot pardon himself in a state case, but the case itself is a target-rich environment of arguable legal errors that could collapse on appeal.

Another case in New York is likely to move forward now. There is a pending appeal on the massive civil case against Trump brought by New York Attorney General Letitia James. For many, James is the very face of lawfare as a prosecutor who ran on getting Trump on something, anything.

She ultimately secured another openly biased judge in Justice Arthur Engoron, who imposed an absurd, grotesque $455 million in fines and interest against Trump and his corporation. Notably, some of the judges on the appellate panel seemed to agree with that assessment, questioning not just the amount but the very use of this law in a case where there was no victim and no one lost a single dollar due to the fraud alleged.

My assumption is that the opinion is already written, held back only because of the election. It could now be issued and constitute a major change in the case. Whatever is left of that judgment, if anything, would then certainly be appealed.

Then there is the roaring dumpster fire in Georgia. An appellate court there will decide whether District Attorney Fani Willis and her office can continue prosecuting the case. If they are forced off the case, a new prosecutor must review the matter. While some criminal allegations against defendants can be established, the alleged racketeering conspiracy against Trump is legally flawed and likely to fail on appeal.

Trump will also continue to appeal civil cases such as the E. Jean Carroll case, which will linger long past the election.

Trump will not be the only defendant to see substantial changes on January 20, 2025. Trump has pledged to pardon those prosecuted over the Jan. 6, 2021 Capitol riot. The public elected him despite that pledge and over the opposition of Democrats. That will affect hundreds and may come in the form of a mix of pardons and commutations, depending on the underlying charges.

One lingering question will be whether those who supported this lawfare will be deterred in the future. The thrill-kill politics practiced by figures like James proved costly in this election. Polls showed that many citizens have lost trust in the FBI and now view the criminal law process as being politicized in places like New York.

The next few weeks will determine whether Democratic leaders are ready for a new course in ending the lawfare.

President Biden could pardon Trump. It would be a poison-pill pardon. Trump does not need a pardon as the incoming president, but Biden could take the matter off the table by treating him as presumptively guilty. He could not only claim to have taken the higher ground (even though he ran on and promoted the prosecutions of Trump as legitimate) but use it as cover for pardoning his own son.

New York Gov. Kathy Hochul (D) could also move to pardon Trump on the New York charges. Hochul was widely criticized for calling Trump supporters (now the majority of voters in the nation) “un-American.” She could seek to make amends with a pardon.

In the end, Trump read the jury correctly. Once the lawfare was unleashed, he focused on putting his case to the public and walked away with a clear majority decision. It is unlikely that this will end all of his lawfare battles, but it may effectively end the war.

Jonathan Turley is a Fox News Media contributor and the Shapiro Professor of Public Interest Law at George Washington University. He is the author of “The Indispensable Right: Free Speech in an Age of Rage” (Simon & Schuster, 2024).

A Shift in Time Saves Nine: How The Trump Election Impacts the Supreme Court


by: Jonathan Turley | November 8; 2024

Read more at https://jonathanturley.org/2024/11/07/a-shift-in-time-saves-nine-how-the-trump-election-impacts-the-supreme-court/

Below is my column in Fox.com on the impact of the reelection of Donald Trump and the flipping of the Senate for the Supreme Court. The election may have proven one of the most critical for the Court in its history.

Here is the column:

In 1937, it was said that a critical shift of one justice in a case ended the move to pack the Court by Franklin Delano Roosevelt. It was described as the “shift in time saves nine.” In 2024, a shift in the Senate may have had the same impact. Trump’s victory means that absent a renewal of the court-packing scheme and other extreme measures of the left, the Court will remain unchanged institutionally for at least a decade.

The expectation is that Associate Justice Clarence Thomas could use this perfect time to retire and ensure that his seat will be filled with a fellow conservative jurist. Justice Samuel Alito may also consider this a good time for a safe harbor departure. They have a couple of years before they reach the redline for nominations before the next election.

The election means that court-packing schemes are now effectively scuttled despite the support of Democratic senators like Elizabeth Warren (D., Mass.) and Sheldon Whitehouse (D., R.I.). Given Kamala Harris’s reported support, the Supreme Court dodged one of the greatest threats to its integrity in its history.

The impact on the law will also be pronounced. Returning the issue of abortion to the states will remain unchanged. A younger generation will grow up in a country where the voters of each state are allowed to determine what limits to place on abortions.

Likewise, gun rights and religious rights will continue to be robustly protected. The checks on the administrative state are also likely to be strengthened. Pushes for wealth taxes and other measures will likely receive an even more skeptical court.

The possible appointment of two new justices would likely give Trump a total of five to six nominees on the court. Liberals previously insisted that it was time for Justice Sonia Sotomayor to leave the Court, a campaign that I opposed. The appointment of seven of the nine justices by a single president would be unprecedented. (I expect, as with the calls to “end the filibuster” as undemocratic, the liberal campaign to push Sotomayor to retire ended around 2:30 am on Tuesday night).

Trump has shown commendable judgment in his prior nominations. All three—Gorsuch, Kavanaugh, and Barrett—are extraordinary jurists who have already created considerable legacies. I testified at Neil Gorsuch’s Senate confirmation hearing and still consider him one of the most consequential and brilliant additions to the Court in decades.

These justices were subjected to appalling treatment during their confirmation process, including attacks on Barrett for her adopting Haitian children. New Trump nominees can expect the same scorched-earth campaign from the media and the left, but they will have a reliable Senate majority for confirmation.

These justices have shown the intellect and integrity that bring credit to the Court, including each voting in key cases with their liberal colleagues when their principles demanded it. Trump can cement his legacy by continuing that legacy over the next four years with nominees of the same caliber.

In this way, the election may prove the key moment in ending one of the most threatening periods of the Court’s existence. With the loss of the control of the Senate, the push for new limits on the Court and calls for investigations of conservative justices will subside for now. However, the rage in the media and academia will only likely increase.

Both media and academic commentators pushed for sweeping constitutional changes, including packing the Court or curtailing its jurisdiction. Many saw the Harris-Walz Administration as the vehicle for such extreme measures. Harris herself pledged to “reform” the Court.

Some liberals’ figures even called for the dissolution of the Court and other radical changes.

Erwin Chemerinsky, dean of the UC Berkeley law school, called for the scrapping of key constitutional elements in his “No Democracy Lasts Forever: How the Constitution Threatens the United States.” In a Los Angeles Times op-ed, he described conservative justices as “partisan hacks.”

In the New York Times, book critic Jennifer Szalai denounced what she calls “Constitution worship” and warned that “Americans have long assumed that the Constitution could save us; a growing chorus now wonders whether we need to be saved from it.” She frets that by limiting the power of the majority, the Constitution “can end up fostering the widespread cynicism that helps authoritarianism grow.”

In a New York Times op-ed, “The Constitution Is Broken and Should Not Be Reclaimed,” law professors Ryan D. Doerfler of Harvard and Samuel Moyn of Yale called for liberals to “reclaim America from constitutionalism.”

Other law professors have denounced the “constitutional cult” and the First Amendment as the Achilles Heel of America. Given that the majority of voters reject panic politics and radical agendas, these figures are likely to become more activist and aggressive.

recently debated a Harvard professor at Harvard Law School on the lack of free speech and intellectual diversity at the school. I noted that Harvard had more than 75 percent of the faculty self-identified as “liberal” or “very liberal.” Only 5 percent identified as “conservative,” and only 0.4% as “very conservative.” It is not that Harvard does not resemble America; it does not even resemble Massachusetts in its virtual purging of conservative or Republican professors.

We just had a country where the majority of voters chose Donald Trump. Among law school faculty who donated more than $200 to a political party, 91 percent of the Harvard faculty gave to Democrats. Yet, the professor rejected the idea that Harvard faculty or its students should look like America (only 7 percent of incoming students identified as conservative). So, while the Supreme Court has a strong majority of conservatives and roughly half of the federal judges are conservative, Harvard law students will continue to be taught by professors who overwhelmingly reject those values, and some even reject “constitutionalism.”

The result is that the Court will continue to be demonized while the media and academia maintain their hardened ideological silos. The rage will continue and likely rise in the coming years. However, this critical institution just moved out of harm’s way in this election. It will remain the key stabilizing institution in the most successful constitutional system in history.

Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University and the author of “The Indispensable Right: Free Speech in an Age of Rage.” He teaches a course on the Constitution and the Supreme Court.

Something Wicked This Way Comes: Both Parties Deploy Legions of Lawyers For Election Challenges


By: Jonathan Turley | November 4, 2024

Read more at https://jonathanturley.org/2024/11/04/something-wicked-this-way-comes-both-parties-deploy-legions-of-lawyers-for-election-challenges/

Below is my Hill column on the current litigation controversies around the country. We are still watching litigation playing out just a day before the election. At the same time, we have some figures like Rep. Jamie Raskin (D., Md.) reserving any recognition of a victory unless they are satisfied with the integrity of the election. While I remain hopeful that the courts have gotten a head start on addressing many issues, there is a virtual army of lawyers in place from both major parties waiting for a green light to deploy. We just had a new filing in Georgia over handing in mail ballots and the Supreme Court has ruled against a RNC challenge with a statement that essentially said “don’t sweat the small stuff” when only a tiny number of ballots are impacted.

Here is this column:

“Something wicked this way comes.” Those words from William Shakespeare’s “Macbeth” capture a certain dread that takes hold of some of us tasked with covering the legal elements of the presidential election.

Just as Halloween ended, things in the days leading into Election Day have begun to get…well, spooky. Call it election jitters, but some of us have been here before. More than 200 cases have been filed around the country before the election this year. In the last week, worrisome elements have begun to pop up in various swing states.

Over the last couple of decades, I have covered presidential elections for three networks (as I will do for Fox News in this election). The lead-up to elections always includes a flurry of lawsuits. As the voting margin shrinks between the parties, the number of lawyers increases.

Some lawsuits are important efforts to make changes to remove barriers for voters or the counting of early balloting. For example, on Friday an emergency lawsuit filed by the American Civil Liberties Union secured an order for election officials in Cobb County, Ga., to overnight mail ballots to roughly 3,000 citizens and to guarantee that they be counted after a snafu by election officials. Other lawsuits are what I call “placeholders,” where campaigns establish areas of concern to be able to reference later in any specific challenges on or after Election Day.

The Supreme Court has already intervened to stop an effort by the Biden-Harris administration to force Virginia to put people back on the voting rolls who had identified themselves as non-citizens. It is a crime for non-citizens to vote. Although Virginia allows any mistaken information to be corrected (and also allows for challenged voters to file provisional ballots), lower courts ordered Virginia to enable people to vote who had said they were not citizens.

Critics charge that the case is the continuation of the administration’s unrelenting attacks on voter identification and proof of citizenship laws, even though 84 percent of Americans support such laws. In California, Governor Gavin Newsom and Democratic legislators actually made it a crime for any poll worker to ask voters for identification.

Some of these early challenges are welcomed, in the sense that we still have time to work out problems. Courts are notoriously reluctant to intervene after an election with the limited time before the certification of votes. They often refuse challengers access to vital election board information or bar cases as speculative or litigants as lacking in standing. This fuels the public’s distrust of the integrity of the election.

Some challenges potentially involve a high number of votes in swing states. For example, in North Carolina, the Republican National Committee is suing the North Carolina State Board of Elections over 225,000 people who may not have been appropriately registered because that state failed to require a driver’s license or partial Social Security number.

In Arizona, a judge had to order Democratic Arizona Secretary of State Adrian Fontes to release the names of roughly 218,000 voters who may have been allowed to register without the proof of citizenship required by state law.

There is also a growing concern over possible systemic voting registration violations in multiple districts in Pennsylvania. Initially, 2,500 forms were marked as suspicious for possible false names, duplicative handwriting or unverifiable or incorrect identifying information. Lancaster County District Attorney Heather Adams and her team found that about 60 percent of the 2,500 forms were potentially illegitimate. Monroe County District Attorney Mike Mancuso linked the registrations to “Field and Media Corps,” a subsidiary of Fieldcorps, an Arizona-based organization.

Field and Media Corps appears to have taken down its website, but it previously identified itself as a subsidiary of FieldCorps. It described itself as “connecting campaigns and projects with communities of color across the state. Our clients benefit from our social activism and coalition leadership experience gained through decades of leading campaigns, highlighting social inequalities, and developing BIPOC coalition building.”

FieldCorps has reportedly been working for the Harris-Walz campaign, the Mark Kelly campaign in Arizona and other Democratic campaigns. Efforts to reach FieldCorps for comment have been unsuccessful.

The concern is that companies like FieldCorps could be replicating errors across districts and states in the rush to register new voters. If these are knowing falsifications, it could constitute a federal crime.

We also have the same controversies arising in this election about changes to voting laws just before the election. In 2020, many voters were opposed to courts in states like Pennsylvania issuing last-minute changes. Many assumed that these laws had been finally worked out to guarantee the criteria for consideration of mail-in ballots and other forms of voting. However, with less than two weeks to go, a divided Pennsylvania Supreme Court voted 4-3 to order a significant change in election rules. The Election Code in the state is a model of clarity — it says that a provisional ballot “shall not be counted if the elector’s [mail] ballot is received in a timely manner by a county board of elections.” However, the court ruled that provisional ballots must be counted even if an individual has already sent in a mail ballot rejected for violating a mandatory rule, such as failure to place the ballot in a secrecy envelope or to date or sign the envelope. Late Friday night, the Supreme Court declined to block the counting of the provisional ballots.

However, on Friday, the Pennsylvania Supreme Court did hold the line on another major change of the state election laws ordered by a lower court. The court stayed a decision that it is unconstitutional to reject mail ballots without handwritten dates on the return envelopes. The stay means that the law will remain in effect for the election. Justice Kevin Doughtery (joined by Chief Justice Debra Todd) wrote a reassuring concurrence for many of us having to follow these cases: “‘This Court will neither impose nor countenance substantial alterations to existing laws and procedures during the pendency of an ongoing election.’  We said those carefully chosen words only weeks ago. Yet they apparently were not heard in the Commonwealth Court, the very court where the bulk of election litigation unfolds.”

In what may be the closest election in history, late changes to election laws are inflammatory for an already suspicious electorate. According to the Gallup polling, only 63 percent are “very (34 percent) or somewhat confident (29 percent) that votes in the upcoming midterm elections will be accurately cast and counted.” That is near a record low, and there is a 45 percentage point gap separating Republicans (40 percent) and Democrats (85 percent) in their confidence in election integrity.

To my astonishment, voting officials are still committing basic errors. In Bucks County, Pa., voters were turned away in their attempt to apply in person for mail-in ballots. Some were told that there were computer or staffing problems. A court then ordered additional days to request ballots, so that matter at least is resolved. Yet such glitches are concerning. This is not rocket science. Rocket science is Elon Musk catching a massive booster rocket on what looked like a giant barbeque fork. Getting the staff and computers in place in a historic election should not be a great challenge.

Given the emotions and closeness of this election, any such irregularities will only confirm the worst expectations of some voters. They are often neither sinister nor particularly suspicious. With tens of millions voting, there are going to be problems. Election officials can help reduce the suspicions by being more forthcoming in sharing information. In past years, officials have acted reflectively to oppose any disclosures while seeking the dismissal of cases. That largely succeeded legally but proved costly politically. It left many allegations (including ill-supported theories) unresolved in the minds of many citizens.

It would be far better for the nation to resolve questions before the elections and strive for greater transparency in post-election challenges. That is why, if something wicked this way comes, we can more easily send it along its way.

Jonathan Turley is the Shapiro professor of public interest law at George Washington University and the author of “The Indispensable Right: Free Speech in an Age of Rage.”

Over the Border: Gun and Torts Liability to Collide in Mexican Case Before the Supreme Court


By: Jonathan Turley | October 28, 2024

Read more at https://jonathanturley.org/2024/10/27/over-the-border-gun-and-torts-liability-to-collide-in-mexican-case-before-the-supreme-court/

This month, there is a new case on the docket after the Supreme Court granted certiorari in Smith & Wesson Brands v. Estados Unidos Mexicanos.  The First Circuit reversed a trial court that dismissed the case, alleging that the American firearms industry is legally responsible for violence in Mexico. I believe the First Circuit is dead wrong and will be reversed. However, as a torts professor, there is a question of whether the tort element of proximate cause could be materially changed in the case. Torts professors are already lining up to argue that there is a proximate cause under existing doctrines to hold the firearms industry liable. I respectfully disagree.

In the petition, Smith and Wesson and other gun manufacturers challenge the claim, including the argument that their sale of lawful firearms in the United States is the proximate or legal cause for the carnage in Mexico. They note that Mexico has long been riddled with violence and corruption connected to the extensive drug industry in that country.

In my view, the trial court dismissed the case correctly under  the Protection of Lawful Commerce in Arms Act (PLCAA). That was passed to bar suits against firearms companies based on criminals using these products for criminal or intentionally tortious acts.

However, the First Circuit reversed on the ground that Mexico has made a legally cognizable case that gun manufacturers aided and abetted firearms trafficking that has harmed the Mexican government. The First Circuit is an outlier in this case and ignores both the purpose of the law and basic tort principles of proximate causation.

The Court has accepted the review on two questions:

1. Whether the production and sale of firearms in the United States is the “proximate cause” of alleged injuries to the Mexican government stemming from violence committed by drug cartels in Mexico.

2. Whether the production and sale of firearms in the United States amounts to “aiding and abetting” illegal firearms trafficking because firearms companies allegedly know that some of their products are unlawfully trafficked.

PLCAA was enacted to require dismissal at the inception of lawsuits like this, and other courts have recognized that. The First Circuit’s decision creates a circuit split.

Mexico’s complaint is wildly off base both factually and legally. It suggests that these companies are effectively funneling guns to criminal gangs in Mexico by producing products that they have used in criminal conduct.

The First Circuit adopted an analogy that destroyed the credibility of its decision:

Imagine that a U.S. company sent a mercenary unit of combat troops to attack people in Mexico City. Such an attack would directly cause Mexico itself the expense of paying soldiers to defend the city. Proximate cause would be quite clear. So, too, here, where the defendants are alleged to have armed the attackers for their continuing assaults.

Is that the best these federal judges could come up with? There is a vast difference between the United States sending a combat unit across the border and manufacturers who supply distributors who serve dealers who sell lawful products to consumers. That sounds more like The Merchandisers than  The Expendables.

PLCAA specifically bars any “qualified civil liability action” against gun manufacturers and licensees. Any action filed against a federal firearms licensee for damages or other relief resulting from the criminal or unlawful misuse of a firearm is expressly addressed in the statute under § 7902 of PLCAA: “A qualified civil liability action … shall be immediately dismissed by the court in which the action was brought or is currently pending.”

Mexico and gun control advocates are focusing on an exception for any manufacturer or seller of a firearm that “knowingly violated a State or Federal statute applicable to the sale or marketing of the product [firearm], and the violation was a proximate cause of the harm for which relief is sought….”

The First Circuit found that, if proven, a case can be made that Smith & Wesson engaged in “affirmative and deliberate efforts to create and maintain an illegal market for [its] weapons in Mexico” and that, as such, it was “aiding and abetting downstream dealers in violating state and federal laws governing the transfer of firearms.” The level of speculation and conjecture in such a claim is manifestly obvious. Mexico failed to offer anything beyond conclusory claims as to “downstream” users to allege this nexus.

The exception is clearly directed at violations of gun statutes, such as falsifying records or conspiracy to sell to a specific prohibited person. Even then, it must be shown to be the proximate cause of the injury. Mexico does not maintain such a specific showing but treats sales generally as aiding and abetting the violence in that country.

Under standard tort doctrine, criminal or intentionally tortious acts by third parties generally cut off legal causation. However, there is an exception where such conduct is foreseeable. Here is the language from Second Restatement of Torts 448:

“The act of a third person in committing an intentional tort or crime is a superseding cause of harm to another resulting therefrom, although the actor’s negligent conduct created a situation which afforded an opportunity to the third person to commit such a tort or crime, unless the actor at the time of his negligent conduct realized or should have realized the likelihood that such a situation might be created, and that a third person might avail himself of the opportunity to commit such a tort or crime.”

The Third Restatement contains the same approach while, again, recognizing that “If the third party’s misconduct is among the risks making the defendant’s conduct negligent, then ordinarily plaintiff’s harm will be within the defendant’s scope of liability.” Restatement (Third) of Torts: Physical & Emotional Harm (2010)§ 19 cmt. c (“If the third party’s misconduct is among the risks making the defendant’s conduct negligent, then ordinarily plaintiff’s harm will be within the defendant’s scope of liability.”).

However, these exceptions have not been extended to the extent envisioned by Mexico or the First Circuit. For example, in the famous case of Brower v. New York Central & Hudson River Railroad, 91 N.J.L. 190 (1918), a train negligently struck a wagon carrying cider and knocked the driver senseless. The railroad personnel left his goods unprotected and they were stolen. The court ruled:

“The negligence which caused the collision resulted immediately in such a condition of the driver of the wagon that he was no longer able to protect his employer’s property; the natural and probable result of his enforced abandonment of it in the street of a large city was its disappearance; and the wrongdoer cannot escape making reparation for the loss caused by depriving the plaintiff of the protection which the presence of the driver in his right senses would have afforded.”

Simply selling a lawful product falls significantly short of this type of nexus. It would be akin to holding train manufacturers liable for the negligent operation of the train engineer in Brower in aiding and abetting such conduct by third persons.

It is hard to see how the Court could find that these companies were “the” proximate cause of the harm without creating a federal standard for proximate cause that would extend foreseeability beyond any recognition. There are powerful superseding intervening forces in play in Mexico. To embrace this theory that the manufacturers knowingly and foreseeably increased the risk of violence in Mexico would allow torts to effectively gut the industry and existing federal law.

Previously, gun control advocates tried to use product liability and nuisance laws to curtail gun sales. Those cases failed as over-extending tort doctrine to achieve indirectly the courts what could not be achieved directly in the legislatures. Conversely, Congress passed PLCAA to prevent such circumvention of the legislative process.

There are good-faith arguments to be made that the exception for criminal conduct can be maintained where there is sufficient foreseeability and that the First Circuit was merely allowing Mexico to prove its case. However, the complaint is manifestly insufficient for such a claim.

There is no specific evidence that would establish the required showing of knowledge or foreseeability by manufacturers in working with Mexican drug gangs. Mexico has been rife with drug cartels and corruption for decades. Much of this violence has occurred with the cooperation and collusion of Mexican officials, including law enforcement officials.

In my view, the First Circuit should and will be reversed.

Panic Politics: The Press and Pundits Face Devastating Polls on the Threat to Democracy


By: Jonathan Turley | October 24, 2024

Read more at https://jonathanturley.org/2024/10/24/selling-the-apocalypse-the-press-and-pundits-face-devastating-polls-on-the-threat-to-democracy/

Below is my column in the New York Post on the growing hysteria among press and pundits proclaiming the imminent end of democracy if Kamala Harris is not elected. The predictions of mass roundups, disappearances, and tyranny ignore a constitutional system that has survived for over two centuries as the oldest and most stable democracy in the world. More importantly, the public appears to agree that democracy is under threat but appear to hold a very different notion of where that threat is coming from.

Here is the column:

“Democracy dies in darkness” is the Washington Post’s slogan, but can it handle the light?

The Post has been doggedly portraying the election between former President Donald Trump and Vice President Kamala Harris as a choice between tyranny (Trump) and democracy (Harris). Yet when it commissioned a poll on threats to democracy shortly before the election, it did not quite work out.

Voters in swing states believe that Trump is more likely to protect democracy than Kamala Harris, who is running on a “save democracy” platform. The poll sampled 5,016 registered voters in Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania and Wisconsin. When asked whether Trump or Harris “would do a better job” of “defending against threats to democracy,” 43% picked Trump while 40% picked Harris.

Notably, this was the same result when President Biden was the nominee. While over half said that threats to democracy were important to them, the voters trusted Trump (44%) more than Biden (33%) in protecting democracy.

Even with the slight improvement for Harris, the result was crushing for not just many in the Harris campaign but the press and pundits who have been unrelenting in announcing the end of democracy if Harris is not elected.

Former Rep. Liz Cheney (R-Wyo.) has declared with authority that either you vote for Harris, or this may well be the last real vote you ever get to cast.”

I have long criticized the apocalyptic, democracy-ending predictions of Biden, Harris and others as ignoring the safeguards in our system against authoritarian power. Nevertheless, Harris supporters have ratcheted up the rhetoric to a level of pure hysteria. Recently, Michael Cohen, a convicted felon and Trump’s disbarred former lawyer, told MSNBC that if Trump wins the election, he will “get rid of the judiciary and get rid of the Congress.”

Recently, MSNBC host Al Sharpton and regular Donny Deutsch warned viewers that they will likely be added to an enemies “list” for some type of roundup after a Trump election. MSNBC host Rachel Maddow also joined in the theme of a final stand before the gulag: “For that matter, what convinces you that these massive camps he’s planning are only for migrants? So, yes, I’m worried about me — but only as much as I’m worried about all of us.” Rep. Alexandria Ocasio-Cortez (D-NY) was quick to add her own name to a list that seems to be constantly updated by the media. She told podcast host Kara Swisher, “I mean, it sounds nuts, but I wouldn’t be surprised if this guy threw me in jail.”

On ABC’s “The View,” the hosts are becoming indistinguishable from tinfoil-hatted subway prophets. Whoopi Goldberg even explained how Trump is already committed to being a dictator who will “put you people away … take all the journalists … take all the gay folks … move you all around and disappear you.”

Of course, assuming that Cohen is wrong that there will be no courts after a Trump victory, this would require federal judges to sign off on the rounding up of MSNBC personalities, all gay people, all reporters, and, of course, Whoopi Goldberg. All that is required is for over two centuries of constitutional order to fail suddenly, and for virtually every constitutional actor in our system to suddenly embrace tyranny.

Those pushing this hysteria often curiously cite the January 6 riot as proof that the end is near. Yet that horrible day was the vindication, not the expiration, of our constitutional system. The system worked. The riot was put down. Congress, including Republicans, reassembled and certified Biden as the next president. In the courts, many Trump-appointed judges ruled against challenges to the election. Our system was put through a Cat 5 stress test and did not even sway for a moment. Nevertheless, the same voices are being heard on the same media outlets with doomsday scenarios.

Former Acting US Solicitor General Neal Katyal told MSNBC’s “Morning Joe” ominously, “We are looking at a very possible constitutional crisis and one that’s going to make January 6, 2021, look like a dress rehearsal. And this year, the rogues have had four years to go pro and perfect the big lie.”

In other words: Be afraid, very afraid.

Then, in a New York Times column, Katyal lays out scenarios premised on a complete breakdown of the oldest and most stable democratic system in history. It is like telling passengers on an ocean liner that we will all drown and then whispering that this is “assuming the crew intentionally scuttles the ship, all bulkheads and sealed departments fail, and every lifeboat and life preserver is discarded.”

But then we are all going to die. The only way to avoid that watery grave (with the death of democracy itself)? Vote Democratic.

There is, however, some good news in all of this: Despite years of alarmist predictions from Biden, Harris, the press, and pundits, the public is not buying it. It is not because they particularly like Trump. Many of his supporters seem poised to vote for him despite viewing him as polarizing and, at times, obnoxious.

No, it is because the American voter has a certain innate resistance to being played as a chump. Many of the same figures claiming that democracy is at stake supported ballot cleansing to remove Trump and others from the ballots. They supported the weaponization of the legal process in New York against Trump. Likewise, as Harris insists that she is the only hope for fundamental rights, many cannot fail to notice that she is supporting an unprecedented system of censorship that one court called “Orwellian.”

None of this means that the choice between Trump and Harris is easy. However, Harris’ claim to be the only hope for democracy is proving as tin eared as running on pure “joy.”

Voters are clearly demanding more than a political pitch of abject fear mixed with illusive joy.

Jonathan Turley is the Shapiro professor of public interest law at George Washington University and the author of “The Indispensable Right: Free Speech in an Age of Rage.”

‘Collusion’: Biden-Harris DOJ Again Follows Left-Wing Groups in Litigation to Put Noncitizens Back on Voter Rolls


By: Fred Lucas | October 17, 2024

Read more at https://www.dailysignal.com/2024/10/17/collusion-biden-harris-doj-again-follows-left-wing-groups-in-litigation-to-put-noncitizens-back-on-voter-rolls/

Sen. Tim Kaine, D-Va., pictured leaving the Senate chamber July 25, didn’t want noncitizens to vote when he was Virginia’s governor. (Tierney L. Cross/Getty Images)

In 2006, Virginia Gov. Tim Kaine signed a bipartisan bill requiring the Virginia Department of Motor Vehicles to provide a list of noncitizens’ names to the state’s Board of Elections for removal from the voter rolls. 

Now, less than a month before Election Day, the Biden-Harris administration’s Justice Department is suing in hopes of restoring 6,303 noncitizens to Virginia’s voter rolls who were removed in August. Subsequent Virginia governors since Kaine, both Republican and Democrat, have overseen the removal of noncitizen voters from the rolls. 

In August, Virginia Gov. Glenn Youngkin, a Republican, signed an executive order to do so, in part relying on the 2006 law drafted by then-state Sen. Ken Cuccinelli. 

“It passed without much controversy, about 2-1 in the Legislature, and then Tim [Kaine] signed it when he presented himself as a centrist,” Cuccinelli, a Republican who was elected as Virginia’s attorney general in 2009, told The Daily Signal

“This is pure political timing,” Cuccinelli said of the Biden-Harris administration’s legal action. “These are literally people who self-identified as noncitizens.”

“If the purpose was to generate news, that’s what the DOJ has done,” he said. “They want noncitizens, both legal and illegal, to vote.”

Kaine, who signed the 2006 bill into law, went on to become a U.S. senator representing Virginia as well as Hillary Clinton’s vice-presidential running mate in 2016. The Daily Signal sought comment from Kaine’s Senate office as well as his reelection campaign. 

Kaine’s campaign referred to a July interview with WJLA-TV (Channel 7), in which a reporter asked: “Should non-U.S. citizens vote in American elections?”

Kaine replied: “No. Voting should be reserved for U.S. citizens.”

The campaign also noted that a Kaine campaign spokesperson told WJLA on Wednesday:

Sen. Kaine believes that noncitizens should not vote in state or federal elections, and that’s why he signed legislation as governor to guard against it. It is illegal for noncitizens to vote and the good news is that there is no evidence that noncitizens have voted or are voting in Virginia. 

And just as we want to block noncitizens from voting, we need to keep eligible voters from being purged from voting rolls, particularly just weeks from an election. Sen. Kaine is focused on making sure that every eligible Virginian has the opportunity to vote in this critical election.

The matter likely won’t be resolved in court by Election Day, Cuccinelli said, now the national chairman of the Election Transparency Initiative. However, he said, the Justice Department’s lawsuit seems to be intended as a warning for other states not to clean up voter rolls. 

The lawsuit alleges that Virginia’s removal of noncitizens from voter rolls violates the National Voter Registration Act, better known as the “motor voter law,” because the removal comes fewer than 90 days before an election. DOJ’s action follows a federal lawsuit filed by the Virginia Coalition for Immigrant Rights and the League of Women Voters of Virginia in which those organizations make the same arguments. 

“These liberal groups sued Virginia and then a few weeks later the Justice Department files the same lawsuit,” Katie Gorka, chair of the Fairfax County, Virginia, Republican Committee, told The Daily Signal. 

“This shows they are nervous about Virginia,” Gorka said of leading Democrats. “It used to be a solidly blue state and now has moved to the middle and is a toss-up.”

“They are going for the optics and this is going to backfire. Americans overwhelmingly believe that only Americans should vote,” she said. 

The plaintiffs in the private lawsuit in Virginia are represented by Campaign Legal Center, Protect Democracy, the Lawyers’ Committee for Civil Rights Under Law, and the Advancement Project.

Three organizations involved in the litigation—the League of Women Voters, the Advancement Project, and Campaign Legal Center—participated in a White House conference in 2021. That meeting was about implementing President Joe Biden’s Executive Order 14019, which directed federal agencies, including the Justice Department, to partner with private interest groups to boost voter registration and turnout. 

As The Daily Signal previously reported, the Justice Department last month brought a similar lawsuit against Alabama for removing noncitizens from that state’s voter registration rolls. A similar lawsuit was brought against Alabama by the Southern Poverty Law Center, a far-left organization known for labeling mainstream center-right organizations as “hate groups” similar to neo-Nazis or the Ku Klux Klan. The SPLC also was  represented at the White House conference on Biden’s election executive order.

The Justice Department has invoked “presidential privilege” to prevent release of its strategic plan for implementing Biden’s order of March 7, 2021. 

Still, Cuccinelli said, he thinks “for sure” the Virginia litigation is tied to the president’s order. 

“They are hiding communications all over the place,” the former Virginia attorney general said.  “There is no way to treat these as privileged. It is pure collusion and weaponization of government through these outside groups.”

The Daily Signal sought comment from both of the private litigants in the Virginia case: the League of Women Voters and the Virginia Coalition for Immigrant Rights. Neither responded.  The Justice Department filed the lawsuit Oct. 11 in U.S. District Court for the Eastern District of Virginia. 

“As the National Voter Registration Act mandates, officials across the country should take heed of the law’s crystal clear and unequivocal restrictions on systematic list maintenance efforts that fall within 90 days of an election, said Assistant Attorney General Kristen Clarke, head of the Justice Department’s Civil Rights Division.

“By canceling voter registrations within 90 days of Election Day, Virginia places qualified voters in jeopardy of being removed from the rolls and creates the risk of confusion for the electorate,” Clarke said in the public statement. “Congress adopted the National Voter Registration Act’s quiet period restriction to prevent error-prone, eleventh-hour efforts that all too often disenfranchise qualified voters.”

Liz Cheney Under Fire for Allegedly Improper Contacts with Cassidy Hutchinson


By: Jonathan Turley | October 16, 2024

Read more at https://jonathanturley.org/2024/10/16/liz-cheney-under-fire-for-allegedly-improper-contacts-with-cassidy-hutchinson/

Former J6 Committee Co-Chair and Rep. Liz Cheney has long been criticized for her role in creating a one-sided and at times erroneous record of what occurred on January 6th. That includes editing out Trump’s call for supporters to protest “peacefully,” burying evidence on Trump’s offer to supply National Guard support for that day and highlighting a false account of Trump in his presidential limo that was directly contradicted by witnesses.

She now stands accused of unethically contacting a key represented witness to get her to change her testimony. In my view, ethical proceedings are unlikely after the disclosure of ex parte communications with former Trump aide Cassidy Hutchinson. However, the evidence seemingly contradicts public accounts of how Hutchinson decided to fire her counsel and change her testimony.

Hutchinson was represented by Stefan Passantino, who some clearly viewed as a stumbling block to getting Hutchinson to turn against Trump. Hutchinson would claim under oath that Passantino pressured her to stay “loyal” to Donald Trump and coached her responses to support Trump despite her conflicting accounts.

However, newly disclosed evidence allegedly contradicts that account, including Hutchinson telling former Trump aide (and now The View co-host) Alyssa Farah Griffin that “[Passantino’s] not against me complying.” Griffin reportedly responded “I actually agree with Stefan’s approach and think it’s accomplished everyone’s goals. I am happy to tip liz off.”

Hutchinson would later dump Passantino and testify to allegations that have been challenged as untrue. That includes the limo allegation that was repeatedly raised by Cheney and others. Hutchinson recounted the story that Trump allegedly grabbed the wheel of the vehicle after the Secret Service allegedly refused to take him to the Capitol. Cheney and the Committee were aware that the account was directly and clearly refuted by the driver of the vehicle. However, they buried his account and highlighted that claim in its final report as being credible.

The new allegation concerns the communications leading up to that changed testimony. Rep. Barry Loudermilk, R-Ga., chairman of the House Administration oversight subcommittee has released the new evidence while alleging that Cheney used an encrypted phone app to evade defense counsel in speaking with Hutchinson. Under Rule 4.2 of the Rules of Professional Conduct, “a lawyer shall not communicate or cause another to communicate about the subject of the representation with a person known to be represented by another lawyer in the matter, unless the lawyer has the prior consent of the lawyer representing such other person or is authorized by law or a court order to do so.”

Cheney is a D.C. licensed lawyer.

At the outset, in my view, Cheney was acting as a member of Congress in this matter. That has always been a rather grey area for lawyers who are also members of Congress. The bar has taken a broad view of the need for lawyers to adhere to these ethical standards. However, it is not clear politically or ethically if the Bar officials would be inclined to pursue Cheney, who has been lionized in Washington for her role in the investigation. Yet, the record does indicate that Cheney was not just aware of the represented status but the policy of the House to respect the rules governing represented parties. In one message Griffin tells Hutchinson, “Her one concern was so long ad [sic] you have counsel, she can’t really ethically talk to you without him.”

That did not appear to prove a barrier. Before Passantino withdrew as counsel, Cheney communicated secretly with Hutchinson. A later message was sent to Cheney reading on June 6, “Hi, this is Cassidy Hutchinson. I’m sorry for reaching out this way, but I was hoping to have a private conversation with you (soon), if you are willing.”

Cheney responded, “I would be happy to. Let me know what time works for you.”

A few days later, Hutchinson fired Passantino, who told Just the News that “I absolutely had no knowledge at the time that Congresswoman Liz Cheney was communicating with my client behind my back – either directly, through her staff, or through cutouts.”

However, Cheney has claimed that it was Hutchinson who reached out to her and indicated that she was severing her counsel. As an investigating member of Congress, she had an institutional interest, if not a duty, to pursue witnesses.

In her memoir, Cheney said that it was Hutchinson who contacted her directly after her third interview and added “I was very sympathetic to her situation, but I did not want our committee to be advising her on what she should do next…I told Cassidy that she could consult another lawyer, and seek his or her independent advice on how best to move forward.”

We have previously discussed Passantino’s defamation lawsuit against MSNBC legal analyst and former Mueller aide Andrew Weissmann.

Once again, I am doubtful that this would rise to a formal Bar ethics investigation. However, the evidence shows the communications leading to Hutchinson’s firing of her counsel and changing of her testimony, including accounts later challenged by critics.

Hutchinson, Griffin, and Cheney have been reportedly campaigning together this month in support of Vice President Kamala Harris.

In the end, there are ethical concerns raised by these communications. Cheney should have worked through new counsel and proposing alternative counsel raises additional concerns given the interest of Cheney in having the witness “flip” against Trump. She could have waited for new counsel to communicate with her and the Committee.

Alternatively, Hutchinson could have fired her counsel and formally contacted the Committee as an unrepresented party. The ethical rules are designed to avoid this type of murky representational posture. Nevertheless, I am doubtful that this will result in any ethical proceedings against Cheney.

No, the Alien Enemies Act is Not a Viable Legal Basis for “Operation Aurora”


By: Jonathan Turley | October 14, 2024

Read more at https://jonathanturley.org/2024/10/12/no-the-alien-enemies-act-is-not-a-legal-basis-for-operation-aurora/

Library of Congress

In announcing his “Operation Aurora,” former President Donald Trump has suggested that he may use the Alien Enemies Act (AEA) of 1798 to crackdown on “every illegal migrant criminal network operating on American soil.” The plan to begin mass deportations is certainly popular with the public, according to polling. However, without a declaration of war, he will likely have to look to alternative statutory vehicles for a peacetime operation. There are novel arguments that could be made in federal court, but they run against the presumed meaning of critical terms under the law. The odds do not favor the government in the likely challenges.

This is not the first time that the Trump campaign has invoked the AEA. Last year, the campaign cited the law as giving it the power to “remove all known or suspected gang Members, drug dealers, or Cartel Members from the U.S.”

The AEA has only been used three times and each time we were in a declared war: the War of 1812, World War I, and World War II. It is a law that became infamous in its use to put Japanese, German, and Italian civilians in internment camps during World War II.

In DeLacey v. United States in 1918, the Ninth Circuit wrote that:

The first reported case arising under the [AEA] is [by the Pennsylvania Supreme Court in] Lockington’s Case [in 1814] … Lockington … had refused to comply with the executive order of February 23, 1813, requiring alien enemies who were within 40 miles of tidewater to retire to such places beyond that distance from tidewater as should be designated by the marshals. He was arrested, and on petition for habeas corpus attempted to test the legality of his imprisonment. Chief Justice Tilghman said of the [AEA]:

“It is a provision for the public safety, which may require that the alien should not be removed, but kept in the country under proper restraints. … It is never to be forgotten that the main object of the law is to provide for the safety of the country from enemies who are suffered to remain within it. In order to effect this safety, it might be necessary to act on sudden emergencies. … The President, being best acquainted with the danger to be apprehended, is best able to judge of the emergency which might render such measures necessary. Accordingly, we find that the powers vested in him are expressed in the most comprehensive terms.”

The law’s sweeping language makes it ripe for abuse. Pennsylvania Supreme Court Justice Brackenridge in  Lockington’s Case (1814) observed that under the AEA “the President would seem to be constituted, as to this description of persons, with the power of a Roman dictator or consul, in extraordinary cases, when the Republic was in danger, that it sustains no damage: ne quid detrimenti respublica capiat.”

However, the AEA’s only limiting language is found in the triggering language for those powers:

“Whenever there is a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion is perpetrated, attempted, or threatened against the territory of the United States by any foreign nation or government, and the President makes public proclamation of the event…”

In Ludecke v. Watkins, 335 U.S. 160 (1948), Supreme Court Justice Felix Frankfurter wrote a supportive decision of the presidential authority under the AEA on when the powers expired, but not when the powers begin:

“And so, we reach the claim that, while the President had summary power under the Act, it did not survive cessation of actual hostilities. This claim in effect nullifies the power to deport alien enemies, for such deportations are hardly practicable during the pendency of what is colloquially known as the shooting war. Nor does law lag behind common sense. War does not cease with a cease-fire order, and power to be exercised by the President such as that conferred by the Act of 1798 is a process which begins when war is declared but is not exhausted when the shooting stops.” (emphasis added).

This broad granting of authority under the AEA is obviously a great attraction for presidents who have rarely hesitated to use the maximal levels of their powers. However, the threshold requirement of a declared war has proven the limiting element, and it is telling that the law has been used only three times by presidents.

It can be used for limits that fall short of deportation or internment. For example, President Woodrow Wilson barred alien enemies during World War I from possessing firearms and explosives, coming within a half a mile of a military facility or munitions factory, residing in certain areas, possessing certain communications equipment, and publishing certain types of materials.

Trump can argue that governments such as Venezuela are using the open border to flood the nation with migrants, including those released from their prisons. That does offer a possible avenue under the claim that a formal declaration, but it would also require a broad reading of the term “invasion” or “incursion.” The problem is that the clear thrust of the law was a conventional war. The question is whether federal courts are willing to adopt a very broad interpretation of such terms despite the presumed legislative intent behind the law at the time of its passage.

The greatest hope for a new Trump Administration would be to argue that the use of the law is a “political question” and thus inappropriate for judicial review. That is often a powerful argument that leads to deference of the courts to the political branches.

Yet, even Baker v. Carr, the Supreme Court’s opinion recognizing the doctrine, reserved the possible use of judicial review to address “an obvious mistake” or “manifestly unauthorized exercise of power.” Courts have declined to use that reservation but there are strong arguments that this is a matter of statutory interpretation and not a matter left to the political discretion of the legislative or executive branches.

Politicians often speak of national emergencies as “wars” but there remains a difference between the colloquial and the legal. A war on illegal immigration is not the same as a war on the Axis powers. The former can be declared in a campaign while the latter requires a declaration of Congress.

None of this means that a president would not have the authority for mass deportations or that Congress could not pass additional such authority. The massive influx of millions of undocumented persons is now a national crisis with growing national security, economic, and social costs for the nation. The numbers are certainly analogous to an “invasion” for cities and states grappling with the wave of migrants. However, the AEA in my view is a poor vehicle for such a program.

Accordingly, I remain skeptical that such a massive program would survive judicial review. Any effort to do so would face an emergency demand for a preliminary injunction. As a threshold legal question, it could move fairly quickly through the courts, and we could have an answer to a question that has lingered for over two centuries.

Adversarial Process or Oppo Research? Judge Agrees to Release More Trump Material Before the Election


By: Jonathan Turley | October 11, 2024

Read more at https://jonathanturley.org/2024/10/11/adversarial-process-or-oppo-research-judge-chutkan-agrees-to-release-more-smith-material-before-the-election/

It appears that U.S. District Judge Tanya Chutkan and Special Counsel Jack Smith are not done yet in releasing material in advance of the election. In a previous column, I criticized the release of Smith’s  180-page brief before the election as procedurally irregular and politically biased, a criticism shared by CNN’s senior legal analyst and other law professors. Nevertheless, on Thursday, Judge Chutkan agreed to a request from Smith to unseal exhibits and evidence in advance of the election. The brief clearly contains damning allegations, including witness accounts, for Trump. The objection to the release of the brief was not a defense of any actions taken on January 6th by the former president or others, but rather an objection to what even the court admitted was an “irregular” process.

As discussed earlier, Smith has been unrelenting in his demands for a trial before the election. He has even demanded that Donald Trump be barred from standard appellate options in order to expedite his trial. Smith never fully explained the necessity of holding a trial before the election beyond suggesting that voters should see the trial and the results — assaulting the very premise of the Justice Department’s rule against such actions just before elections.

To avoid allegations of political manipulation of cases, the Justice Department has long followed a policy against making potentially influential filings within 60 or 90 days of an election. One section of the Justice Department manual states “Federal prosecutors… may never select the timing of any action, including investigative steps, criminal charges, or statements, for the purpose of affecting any election.”

Even if one argues that this provision is not directly controlling or purely discretionary, the spirit of the policy is to avoid precisely the appearance in this case: the effort to manipulate or influence an election through court filings.

With no trial date for 2025, there is no reason why Smith or Chutkan would adopt such an irregular process. The court could have slightly delayed these filings until after the approaching election or it could have sealed the filings.

If there is one time where a court should err on the side of avoiding an “irregular” process, it is before a national election. What may look like simply an adversarial process to some looks like oppo research to others.  Delaying the release would have avoided any appearance of such bias.

For Smith, the election has long been the focus of his filings and demands for an expedited process. Smith knows that this election is developing into the largest jury verdict in history. Many citizens, even those who do not like Trump, want to see an end to the weaponization of the legal system, including Smith’s D.C. prosecution. Trump has to lose the election for Smith to be guaranteed a trial in the case.

Chutkan has given the Trump team just seven days to oppose her order. That would still allow the material to make it into the public (and be immediately employed by the media and Harris campaign) just days before the election. The move will only increase criticism that this looks like a docket in the pocket of the DNC.

It is telling that, once again, the timing just works out to the way that is most politically impactful. Many are left with a Ned Flanders moment of “well, if that don’t put the “dink” in co-inky-dink.”


Colorado Supreme Court Dismisses Another Lawsuit Against Masterpiece Cakeshop

By: Jonathan Turley | October 10, 2024

Read more at https://jonathanturley.org/2024/10/10/colorado-supreme-court-dismisses-another-lawsuit-against-masterpiece-cakeshop/

In prior columnsacademic articles, and my book, The Indispensable Right, I discuss the never-ending litigation targeting Jack Phillips, the Christian baker who declined to make cakes that violated his religious beliefs. Phillips continues to be the subject of continuing lawsuits despite the Supreme Court upholding his right to decline to make expressive products for ceremonies or celebrations that he finds immoral. Now the Colorado Supreme Court has dismissed an action brought by a transgender lawyer against the cake shop and its owner.

Phillips has been the target of an unrelenting litigation campaign for over a decade.

In 2012, Charlie Craig and David Mullins asked Phillips to make a cake for their same-sex marriage. As a devout Christian, Phillips declined. He would sell any pre-made cakes to customers, but said that he could not morally make a cake for same-sex marriages.

That refusal turned Phillips’ tiny bakery into ground zero for the long-standing battle between religious rights and anti-discrimination laws. The Colorado Civil Rights Commission found that Phillips must make the cakes under the Colorado Anti-Discrimination Act (CADA).

The case went all the way to the Supreme Court in what many of us hoped would be a final resolution of this conflict. I had long criticized the framing of the case (and other cases) under the religious clauses as opposed to taking this as a matter of free speech. In the end, the Supreme Court punted in a maddening 2018 decision that technically ruled in favor of Phillips based on a finding that the Commission showed anti-religious bias against Phillips.

As a result, Phillips was thrown back into an endless grind of litigation as activists targeted his bakery for additional challenges by demanding cakes with other messages that Phillips found offensive.

In 2023, the Supreme Court delivered a major victory for free speech in 303 Creative v. Elenis when it ruled that Lorie Smith, a Christian website designer, could refuse service to a same-sex marriage. Justice Neil Gorsuch wrote “the framers designed the Free Speech Clause of the First Amendment to protect the ‘freedom to think as you will and to speak as you think.’ … They did so because they saw the freedom of speech ‘both as an end and as a means.’”

The decision was not just a vindication for Smith but Phillips. However, Phillips continued to languish in the Colorado system, spending over a decade in non-stop challenges and lawsuits. Because the Supreme Court could not reach a clear resolution, it left Phillips to the continued pursuit of activists targeting his bakery.

The latest dispute began when Autumn Scardina spoke to the wife of Phillips and requested a pink cake with blue frosting to celebrate her gender transition. When the shop declined, Scardina filed an anti-discrimination claim with the Colorado Civil Rights Division (“the Division”) under section 24-34-306, C.R.S. (2024).

In her complaint, Scardina suggested that this was not a targeting of the famous cake shop but merely an effort to get a birthday cake.

In the complaint, Scardina wrote: “Ms. Scardina repeatedly heard Defendants’ advertisements that they were “happy” to sell birthday cakes to LGBT individuals. Hopeful that these claims were true, on June 26, 2017, Ms. Scardina called Masterpiece Cakeshop from Denver to order a birthday cake for her upcoming birthday.”

The shop said that they could make such a cake. However, “Ms. Scardina then informed Masterpiece Cakeshop that the requested design had personal significance for her because it reflects her status as a transgender female.” When the shop noted that it did not make cakes for gender transitions, Scardina insisted that it was for her birthday.

Having established the basis for the lawsuit, she then filed an administrative action. Eventually, however, she jumped from the administrative process into the courts. That would prove the procedural problem for the Colorado Supreme Court.

Scardina prevailed in the lower courts but the case was dismissed by the Colorado Supreme Court on technical grounds.

Justice Melissa Hart wrote in the Colorado Supreme Court’s majority opinion that

“The underlying constitutional question this case raises has become the focus of intense public debate: How should governments balance the rights of transgender individuals to be free from discrimination in places of public accommodation with the rights of religious business owners when they are operating in the public market? We cannot answer that question.”

The most notable aspect of this opinion is that, after a decade, Phillips is still being dragged through the courts despite the fact that the Supreme Court has recognized his free speech right to decline such contracts.

Alliance Defending Freedom (ADF) has defended Phillips and Jake Warner, ADF senior counsel, stated “Enough is enough. Jack has been dragged through courts for over a decade. It’s time to leave him alone.”

It is doubtful that activists will heed that request.

Here is the opinion: Masterpiece Cakeshop v. Scardina

Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University and the author of “The Indispensable Right: Free Speech in an Age of Rage.”

Deadspin Loses Major Motion in Defamation Case Over Blackface Column


By: Jonathan Turley | October 9, 2024

Read more at https://jonathanturley.org/2024/10/09/delaware/

We previously discussed the defamation lawsuit against Deadspin and writer Carron Phillips over an article claiming that nine-year-old Holden Armenta appeared at a Chiefs game in 2023 in black face. I noted in a prior column that I believed that the court would view this as a matter that had to go to a jury. It now has. Superior Court Judge Sean Lugg this week rejected Deadspin’s motion to dismiss.

Phillips posted a side image of Holden at a game of the Kansas City Chiefs against the Las Vegas Raiders, showing his face painted black. The 9-year-old was wearing a headdress while doing the signature “Tomahawk Chop.”

Phillips went into full attack mode.

The senior Deadspin writer had a Pavlovian response in a scathing article on the boy’s “racist” and “disrespectful” appearance.

“It takes a lot to disrespect two groups of people at once. But on Sunday afternoon in Las Vegas, a Kansas City Chiefs fan found a way to hate black people and the native Americans at the same time…Despite their age, who taught that person that what they were wearing was appropriate?”

Phillips also denounced the NFL for “relentlessly participating in prejudice.” In a now-deleted tweet, Phillips later called people “idiots” for “treating this as some harmless act.”

Of course, the full picture showed that Armenta had the other half of his face painted in red paint — the Chiefs colors.  It also turns out that he is Native American. Indeed, his grandfather is serving on the Santa Ynez Band of Chumash Indians.

Deadspin obviously valued Phillips’ take on race as do other journalists and columnists. Despite his past controversial writings, he was selected as the 2019 & 2020 National Association of Black Journalists Award Winner.

Deadspin was sold to Lineup Publishing after the lawsuit by Holden’s parents Raul Jr. and Shannon. However, they appear to have retained Phillips who is still on their website.

In Armenta v. G/O Media, Inc. Lugg wrote that “[h]aving reviewed the complaint, the court concludes that Deadspin’s statements accusing [Holden] of wearing black face and Native headdress ‘to hate black people and the Native American at the same time,’ and that he was taught this hatred by his parents, are provable false assertions of fact and are therefore actionable.”

The opinion turned on whether this could be treated as opinion as opposed to a statement of fact. California law applied in the case and the court focused on two opinions that held that claims of racism can be statements of fact. Lugg wrote:

Generally, statements labeling a person as racist are not actionable. “A term like racist, while exceptionally negative, insulting, and highly charged—is not actionable under defamation-type claims because it is a word that lacks precise meaning and can imply many different kinds of fact.”…

Deadspin argues that the statements alleging H.A. wore Black face are nonactionable for the same reasons that calling him racist would be non-actionable. {“Blackface is used to mock or ridicule Black people; it is considered deeply offensive.” Deadspin, in recasting Black face as “culturally insensitive face paint” in the December 7 Update, recognizes the negative understanding of the descriptive term.} … But there is a legally significant distinction between a statement calling someone a racist and a statement accusing someone of engaging in racist conduct; expressions of opinion are not protected if they imply an assertion of an objective, defamatory fact. Two recent decisions applying California law, Overhill Farms, Inc. v. Lopez (Cal. Ct. App. 2010) and La Liberte v. Reid (2d Cir. 2020), assist in clarifying this distinction.

The Court in Overhill Farms held that “a claim of racially motivated employment termination is a provably false fact.” In that case, a group of employees accused their employer of engaging in racist firings of Hispanic workers as a pretext to hide racist and discriminatory abuse against Latina women immigrants. After the employer sued for defamation, the employees moved to dismiss, arguing that their statements were non-actionable opinions. The California Court of Appeals denied the employees’ motion, reasoning:

[D]efendants did not merely accuse [their employer] of being “racist” in some abstract sense …. [I]n almost every instance, defendants’ characterization of [their employer] as “racist” is supported by a specific reference to its decision to terminate the employment of a large group of Latino immigrant workers. The assertion of racism, when viewed in that specific factual context, is not merely a hyperbolic characterization of [the employer’s] black corporate heart—it represents an accusation of concrete, wrongful conduct…. [T]he statements reflected in defendants’ written press release, leaflets and flyers accused Overhill of more than harboring racist attitudes; they accused Overhill of engaging in a mass employment termination based upon racist and ageist motivations. Such a contention is clearly a “provable fact;” indeed an employer’s motivation for terminating employment is a fact plaintiffs attempt to prove routinely in wrongful termination cases.

In La Liberte v. Reid, a community activist brought suit after a television host republished two photographs of her at a pro-immigration rally with captions alleging racist conduct. The first caption accused the plaintiff of screaming “You are going to be first deported … dirty Mexican!” at a 14-year-old boy. The second caption compared a photograph of the plaintiff to white Americans yelling at the Little Rock Nine. The television host moved to dismiss the activist’s defamation claims, arguing that her statements were “nonactionable statements of opinion.” The trial court agreed and granted dismissal. The Second Circuit Court of Appeals reversed, explaining:

A reader could interpret the juxtaposition of the Photograph with the 1957 Little Rock image to mean that [plaintiff] likewise screamed at a child out of racial animus—particularly in light of [defendant’s] comment that “[h]istory sometimes repeats.” That interpretation is bolstered by [defendant’s] description of the white woman in the Little Rock photograph as a “person screaming at a child, with [her] face twisted in rage” and [her] comment that it was “inevitable” that the photos would be juxtaposed. [Defendant] thus portrayed [plaintiff] as a latter-day counterpart of the white woman in 1957 who verbally assaulted a minority child. Like the defendants in Overhill Farms, [defendant] “did not merely accuse [plaintiff] of being ‘racist’ in some abstract sense.” Rather, her July 1 Post could be understood as an “accusation of concrete, wrongful conduct,” which can be proved to be either true or false. That makes it potentially defamatory.

The Armentas contend that the Original Article and its Updates involve defamatory statements regarding conduct that is provably false and, therefore, this Court should be guided by Overhill Farms and La Liberte. These statements include:

(1) H.A. was wearing “Black face;”

(2) H.A.’s conduct in wearing “Black face” was motivated by his hatred of Black people;

(3) H.A.’s wearing of a Native headdress resulted from his hatred of Native Americans;

(4) H.A. is part of a “future generation[ ]” of racists who had “recreate[d] racism better than before”; and

(5) Raul and Shannon Armenta “taught” their son, H.A., “racism and hate” in their home.

Deadspin’s audience could understand its portrayal of H.A. to mean that his entire face was painted black and, because his entire face was painted black, it was H.A.’s intent to disrespect and hate African Americans. The publication went beyond an expression of opinion and flatly stated H.A.’s motivation for appearing as he did.

Similarly, a reader could be left with the belief that H.A. wore a Native American headdress as a signal of disrespect to that population. Any doubt as to the thrust of these representations is resolved in the opening line of the article, where the author unequivocally asserts, “It takes a lot to disrespect two groups of people at once. But on Sunday afternoon in Las Vegas, a Kansas City Chiefs fan found a way to hate Black people and the Native American at the same time.”

While arguably couched as opinion, the author devotes substantial time to describing H.A. and attributing negative racial motivation to him. Further, the article may be reasonably viewed as derogating those who may have taught him—his parents. A reader might not, as Deadspin contends, interpret this assertion as a reflection of the author’s opinion. To say one is a racist may be considered opinion, but to plainly state that one’s attire, presentation, or upbringing demonstrates their learned hatred for identifiable groups is actionable. A reader may reasonably interpret the Article’s assertion that H.A. was wearing Black face as fact….

The CBS broadcast showed H.A. for approximately three seconds. In those three seconds, viewers could see that H.A.’s face was painted two colors: black and red. Deadspin published an image of H.A. that displayed only the portion of H.A.’s face painted black and presented it as a factual assertion that there was a “Chiefs fan in Black face” at the game. The complaint asserts facts that, reasonably interpreted, establish Deadspin’s Original Article and its Updates as provably false assertions of fact….

Deadspin contends that La Liberte and Overhill Farms stand as outliers from decisions recognizing that accusations of racist behavior are “inherently subjective and therefore non-actionable[.]” Not so. They reflect reasoned assessments of the lines between protected and actionable speech and offer a paradigm for identifying and assessing provably false allegations of racial animus. This Court may grant Deadspin’s motion under Rule 12(b)(6) only if “under no reasonable interpretation of the facts alleged could the complaint state a claim for which relief might be granted.” Applying the analytical framework of La Liberte and Overhill Farms to the facts here, the Armentas maintain a “possibility of recovery.” …

This is a well-constructed and well-supported decision that could have lasting importance. In an age of rage, including race-baiting columns like the one in this case, the opinion is a shot across the bow for publications like Deadspin.

We have seen a series of major rulings allowing public figures to go forward in other defamation lawsuits against media companies. In addition to alienating much of their markets with echo journalism, these outlets are now facing mounting legal costs due to attack pieces like this one. The bill is now coming due.

Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University and the author of “The Indispensable Right: Free Speech in an Age of Rage.”

Kamala’s True Grit: Harris Embraces a Gun Vilified During the Biden-Harris Administration


By: Jonathan Turley | October 8, 2024

Read more at https://jonathanturley.org/2024/10/08/kamalas-true-grit-harris-embraces-gun-vilified-during-the-biden-harris-administration/

The reinvention of Vice President Kamala Harris in this election has been a thing to behold. In politics, candidates often reconstruct their records to secure votes, but Harris appears to have constructed an entirely mythical being. Once ranked to the left of socialist Sen. Bernie Sanders and viewed as among the most liberal members of the Senate, Harris has sought to convince the public that she is actually a frack-loving, gun-toting, border-defending moderate. This last week, Harris sounded like she has hired Neo as her new campaign manager from the Matrix. When asked “what do you need, besides a miracle?” Neo replied “Guns. Lots of Guns.”

Recently, that remake was on full display during a softball interview with Oprah, who has endorsed Harris. The Vice President declared that she is a gun owner and “if somebody breaks into my house, they’re getting shot.” She repeated the claim in a CBS Sixty Minutes interview and noted that she has fired the gun at a pistol range. The gun is reportedly a semiautomatic Glock handgun. Many Glocks are semiautomatics that use 9mm ammunition.

When CBS’s Bill Whitaker expressed shock at her gun-toting persona on the campaign trail, he asked if she actually fired it.  Harris then did her best Rooster Cogburn, who noted “Well a gun that ain’t loaded, ain’t much good for nuthin.” Harris said that she has of course fired the gun in her trips to the firing range.

While she was referring to defending her home, Harris’s pledge to gun down intruders stands in stark contrast to her opposition to stand your ground laws. When she was the San Fransisco District Attorney, Kamala Harris was one of the signatories on the District Attorneys’ amicus brief in District of Columbia v. Heller — in support the handgun ban. The Court rejected the position of Harris and her fellow Democratic DAs and held that there is an individual right to bear arms under the Second Amendment.

Harris’ true grit has delighted activists who are trying to lure male voters back to the Democratic Party. It may not be as thrilling to some in the Biden-Harris Administration including President Joe Biden.

As we have previously discussed, Biden and other Democrats have repeatedly denounced semiautomatics and some have suggested that, with a change in the Supreme Court, they might be banned. While the Administration has repeatedly called for a ban on AR-15s, the most popular weapon in America, President Biden has suggested in the past that he might seek to ban 9mm weapons.

In reference to guns that use 9mm ammunition, Biden declared “there’s simply no rational basis for it in terms of thinking about self-protection.”

It is a call that has been echoed in Canada where Prime Minister Justin Trudeau announced that his government is introducing legislation to “implement a national freeze on handgun ownership.” He said Canadians would no longer be able “to buy, sell, transfer or import handguns anywhere in Canada,” adding that “there is no reason anyone in Canada should need guns in their everyday lives.”

While the White House subsequently tried to walk back his comments, Biden saying there’s “no rational basis” to own 9mms makes the new Harris look . . . well . . . irrational. Both Biden and Harris have made sweeping, unsupportable statements about guns and constitutional protections. For example, despite being repeatedly corrected, President Biden continues to repeat the same false statements about bans on weapons when the Second Amendment was ratified.

Likewise, in support of the ban on AR-15s, Harris declared: “Do you know what an assault weapon is? It was designed for a specific purpose, to kill a lot of human beings quickly. An assault weapon is a weapon of war, with no place, no place in a civil society.”

Yet, courts likely would press a Harris administration on why it is seeking to ban this model when other higher-caliber weapons are sold. AR-15s can handle a variety of calibers. However, they are no more powerful than other semi-automatic rifles of the same caliber and actually have a lower caliber than some commonly sold weapons which use .30-06, .308 and .300 ammunition; many of these guns fire at the same — or near the same rate — as the AR-15. None of these weapons are classified as actual military “assault weapons,” and most civilians cannot own an automatic weapon.

As discussed earlier, President Biden showed the same disconnect as Harris between the factual and the rhetorical basis for some gun-control measures. He condemned “high-caliber weapons” like 9mm handguns and said “a .22-caliber bullet will lodge in the lung, and we can probably get it out — may be able to get it and save the life. A 9mm bullet blows the lung out of the body.”

Biden has not made any comment on Harris promising to blow away anyone coming into her house with her own Glock.

Yet, before condemning Harris for her implied threat to “blow lungs out of bodies,” Biden should again check both the constitutional and practical statements about handguns.

Gun experts mocked the notion that 9mm rounds blow organs out of bodies, but 9mm ammunition is the most popular handgun caliber in the U.S., with more than half of all handguns produced in 2019 using that round, according to Shooting Industry magazine. If Biden pushed a ban, he would target more than 40 percent of all pistols produced in the U.S., including many Glocks.

Again, in fairness to Harris, she is not the first politician to reinvent herself on the campaign trail. For now, Harris wants to be clear that “I have a Glock, and I’ve had it for quite some time.”  For critics, the reload is a bit much given her record. Yet, in a close election, many activists want voters in states like Pennsylvania to know that Harris is the virtual Jed Clampett of the Beverly Hills set. Indeed, you get the impression that she would use her Glock to frack, if only she could.

While 9mm’s have been vilified by the Biden-Harris Administration, it just happens to be one of the most popular guns in the United States . . . and Harris wants people to know that she has one and knows how to use it.

As a politician reinventing herself in a higher-caliber image, she chose wisely. Indeed, other politicians may want to take heed and listen to Deputy Marshall Sam Gerard in U.S. Marshalls: “Get yourself a Glock and get rid of the nickel-plated sissy-pistol.”

The Largest-Ever Survey of American Gun Owners Finds That Defensive Use of Firearms Is Common

The results also confirm that “assault weapons” and “large capacity” magazines are widely used for lawful purposes.

Jacob Sullum | 9.9.2022 5:05 PM

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A federal judge ruled that 18-to-20-year-olds have a constitutional right to buy handguns. | Jiri Hera/Dreamstime

(Jiri Hera/Dreamstime)

The largest and most comprehensive survey of American gun owners ever conducted suggests that they use firearms in self-defense about 1.7 million times a year. It also confirms that AR-15-style rifles and magazines that hold more than 10 rounds, frequent targets of gun control legislation, are in common use for lawful purposes, which the Supreme Court has said is the test for arms covered by the Second Amendment.

The online survey, which was conducted by Centiment in February and March of 2021, was based on a representative sample of about 54,000 adults, 16,708 of whom were gun owners. Georgetown University political economist William English, who commissioned the survey as part of a book project, presents its major findings in a recent paper available on the Social Science Research Network.

The overall adult gun ownership rate estimated by the survey, 32 percent, is consistent with recent research by Gallup and the Pew Research Center. So is the finding that the rate varies across racial and ethnic groups: It was about 25 percent among African Americans, 28 percent among Hispanics, 19 percent among Asians, and 34 percent among whites. Men accounted for about 58 percent of gun owners.

Because of the unusually large sample, the survey was able to produce state-specific estimates that are apt to be more reliable than previous estimates. Gun ownership rates ranged from about 16 percent in Massachusetts and Hawaii to more than 50 percent in Idaho and West Virginia.

The survey results indicate that Americans own some 415 million firearms, including 171 million handguns, 146 million rifles, and 98 million shotguns. About 30 percent of respondents reported that they had ever owned AR-15s or similar rifles, which are classified as “assault weapons” under several state laws and a proposed federal ban. Such legislation also commonly imposes a limit on magazine capacity, typically 10 rounds. Nearly half of the respondents (48 percent) said they had ever owned  magazines that can hold more than 10 rounds.

Those results underline the practical challenges that legislators face when they try to eliminate “assault weapons” or “large capacity” magazines. The survey suggests that up to 44 million AR-15-style rifles and up to 542 million magazines with capacities exceeding 10 rounds are already in circulation.

Those are upper-bound estimates, since people who reported that they ever owned such rifles or magazines may have subsequently sold them. But even allowing for some double counting, these numbers suggest how unrealistic it is to suppose that bans will have a significant impact on criminal use of the targeted products. At the same time, widespread ownership of those products by law-abiding Americans makes the bans vulnerable to constitutional challenges.

Two-thirds of the respondents who reported owning AR-15-style rifles said they used them for recreational target shooting, while half mentioned hunting and a third mentioned competitive shooting. Sixty-two percent said they used such rifles for home defense, and 35 percent cited defense outside the home. Yet politicians who want to ban these rifles insist they are good for nothing but mass murder.

Owners of “large capacity” magazines likewise cited a variety of lawful uses. Recreational target shooting (64 percent) was the most common, followed by home defense (62 percent), hunting (47 percent), defense outside the home (42 percent), and competitive shooting (27 percent).

Politicians who favor a 10-round limit argue that no one except for criminals and police officers really needs a larger magazine. Yet respondents described various situations, based on their personal experiences, where “it would have been useful for defensive purposes to have a firearm with a magazine capacity in excess of 10 rounds.” These ranged from muggings and home invasions by multiple attackers to encounters with wild animals.

Maybe these gun owners were wrong to think the ability to fire more than 10 rounds without reloading was important in those situations. But judging from the responses that English quotes, they had cogent reasons for believing that. Bans on “large capacity” magazines routinely exempt current and retired police officers, on the theory that they are especially likely to face threats (such as multiple assailants) that may require more than 10 rounds. It strains credulity to suggest that ordinary citizens never face such threats, and this survey provides further reason to doubt that assumption.

Thirty-one percent of the gun owners said they had used a firearm to defend themselves or their property, often on multiple occasions. As in previous research, the vast majority of such incidents (82 percent) did not involve firing a gun, let alone injuring or killing an attacker. In more than four-fifths of the cases, respondents reported that brandishing or mentioning a firearm was enough to eliminate the threat.

That reality helps explain the wide divergence in estimates of defensive gun uses. The self-reports of gun owners may not be entirely reliable, since they could be exaggerated, mistaken, or dishonest. But limiting the analysis to cases in which an attacker was wounded or killed, or to incidents that were covered by newspapers or reported to the police, is bound to overlook much more common encounters with less dramatic outcomes.

About half of the defensive gun uses identified by the survey involved more than one assailant. Four-fifths occurred inside the gun owner’s home or on his property, while 9 percent happened in a public place and 3 percent happened at work. The most commonly used firearms were handguns (66 percent), followed by shotguns (21 percent) and rifles (13 percent).

Based on the number of incidents that gun owners reported, English estimates that “guns are used defensively by firearms owners in approximately 1.67 million incidents per year.” That number does not include cases where people defended themselves with guns owned by others, which could help explain why English’s figure is lower than a previous estimate by Florida State University criminologists Gary Kleck and Marc Gertz. Based on a 1993 telephone survey with a substantially smaller sample, Kleck and Gertz put the annual number at more than 2 million.

Although less than one in 10 of the defensive gun uses identified by English’s survey happened in public places, most of the respondents (56 percent) said they had carried handguns for self-defense. More than a third (35 percent) said they did so “sometimes,” “often,” or “always or almost always.” About the same percentage reported that they had wanted to carry handguns in circumstances where local rules prohibited it.

At the time of the survey, the ability to legally carry handguns in public varied widely across jurisdictions. Some states had highly restrictive laws that gave local officials wide discretion to reject carry permit applications, a policy that the Supreme Court recently deemed unconstitutional. Even after that ruling, some states plan to enforce licensing requirements and/or location restrictions that make it difficult for residents to carry handguns for self-defense. Depending on your perspective, the results of this survey demonstrate either the wisdom or the injustice of that strategy.

English’s survey also asked about incidents in which respondents believed that the visible presence of a gun had neutralized a potentially violent threat. He says that category would include, for example, “a situation in which a combative customer calmed down after noticing that shop owner had a handgun on his or her hip, or a situation in which a trespasser cooperatively left a property when questioned by a landowner who had a rifle slung over his or her shoulder, or a situation in which a friend showed up with a firearm to help [defuse] a dangerous situation.”

Nearly a third of gun owners reported such incidents, and some said they had witnessed them more than once. English says the results imply “approximately 1.5 million incidents per year [in] which the presence of a firearm deterred crime.” That estimate, of course, depends on the respondents’ subjective impressions, so it is probably less reliable than the estimate of explicit defensive uses, which itself is open to the usual questions about the accuracy of respondents’ interpretations and recollections. But even taken with the appropriate measure of salt, the results suggest that competing studies may grossly underestimate the defensive value of guns.

Jack Smith’s October Surprise Was Not That Surprising . . . and that is the Problem


By: Jonathan Turley | October 7, 2024

Read more at https://jonathanturley.org/2024/10/07/jack-smiths-october-surprise-was-not-that-surprising-and-that-is-the-problem/

Below is my column in The Hill on the release of the filing by Special Counsel Jack Smith just weeks before the election.  Even Judge Tanya Chutkan described the move as “irregular,” but still ordered the release. While the usual voices heralded the move, others, including the CNN senior legal analyst, denounced the release as a raw political act by the court and the Special Counsel. The problem is that it was not in the least bit surprising.

Here is the column:

“The most stupendous and atrocious fraud.” Those words from federal prosecutors could have been ripped from the filing this week of Special Counsel Jack Smith defending his prosecution of former President Donald Trump.

Yet they were actually from a Justice Department filing 184 years ago, just days from the 1840 presidential election. Democratic President Martin Van Buren was struggling for reelection against Whig William Henry Harrison, and his Justice Department waited until just before voters went to the polls to allege that Whig Party officials had paid Pennsylvanians to travel to New York to vote for Whig candidates two years earlier. It was considered by many to be the first “October Surprise,” the last-minute pre-election scandal or major event intended to sway voters.

To avoid such allegations of political manipulation of cases, the Justice Department has long followed a policy against making potentially influential filings within 60 or 90 days of an election. One section of the Justice Department manual states “Federal prosecutors… may never select the timing of any action, including investigative steps, criminal charges, or statements, for the purpose of affecting any election.”

Jack Smith, however, has long dismissed such considerations. For years, Smith has been unrelenting in his demands for a trial before the election. He has even demanded that Donald Trump be barred from standard appellate options in order to expedite his trial. Smith never fully explained the necessity of holding a trial before the election beyond suggesting that voters should see the trial and the results — assaulting the very premise of the Justice Department’s rule against such actions just before elections.

After the Supreme Court rendered parts of his indictment against Trump presumptively unconstitutional, Smith made clear that he was prepared to prosecute Trump up to the very day of his inauguration. True to his reputation and record, Smith refused to drop the main allegations against Trump to avoid official decisions or acts that the court found to be protected in Trump v. United States. Instead, he stripped out some prior evidence linked to Trump’s presidency, including witnesses serving in the White House. Yet the same underlying allegations remain. Smith just repeatedly uses references to Trump as acting as “a private citizen.”

It is like a customer complaining that he did not order a Coke and the waiter pouring it into a Mountain Dew bottle and saying, “Done!”

Smith even refused to drop the obstruction of official proceedings, despite another recent Supreme Court decision (Fischer v. United States) rendering that charge presumptively invalid.

Smith is making his case not to Judge Tanya Chutkan, but to America’s voters. Chutkan has consistently ruled with Smith to help him expedite the case. She permitted his hastened “rocket docket” despite declaring that she would not consider the election schedule as a factor in the pace of filings or even of the trial itself.

For critics, Judge Chutkan has proven far too motivated in the case. Indeed, many thought that she should have recused herself given her statement from a sentencing hearing of a Jan. 6 rioter in 2022. Chutkan said that the rioters “were there in fealty, in loyalty, to one man — not to the Constitution.” She added then “[i]t’s a blind loyalty to one person who, by the way, remains free to this day.” That “one person” was then brought to her courtroom for trial by Smith.

In their latest move, Chutkan and Smith used the Supreme Court decision to file a type of preemptive defense — an excuse to lay out the allegations against Trump in a 165-page filing filled with damaging accounts and testimonials against Trump, just weeks ahead of the election.

Even Chutkin herself acknowledged that Smith’s request was “procedurally irregular,” but she still allowed it. This was a premature exercise that would ordinarily occur months later, after defense filings. She could have scheduled such filings just a few weeks from now. She could have easily kept the filing under seal to avoid the appearance of political machinations. But the political effect appears to be the point. Chutkin again selected the most politically impactful option, at Smith’s urging.

This was so “irregular” that ordinarily anti-Trump legal analysts, such as CNN’s senior legal analyst Elie Honig, denounced Smith’s filing as “an unprincipled, norm-breaking practice.” He added that “Smith has essentially abandoned any pretense; he’ll bend any rule, switch up on any practice — so long as he gets to chip away at Trump’s electoral prospects.”

Others, as expected, applauded the filing as not just well-directed but well-timed. Smith was making his closing election argument to voters because he knows that the 2024 election will be the largest jury verdict in history. If voters reelect Trump, then neither Chutkin nor Smith will likely see a jury in the case. This is why they must convict Trump now in the public eye, or else admit to an effective acquittal by plebiscite.

Their timing could well backfire. The weaponization of the legal system is central to this election, including the role of the Justice Department in pushing the debunked Russia-collusion allegations from the 2016 race. For many, the content of Smith’s filing is not nearly as important as the time stamp over the case caption. Titled a “Motion for Immunity Determination,” it seems more like a “Motion for an Election Determination.”

Smith’s raw political calculation should be troubling for anyone who values the rule of law. None of this excuses anything in these allegations against Trump. But the most disturbing part of Smith’s October Surprise was that it was not in the least bit surprising.

Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University and the author of “The Indispensable Right: Free Speech in an Age of Rage.”

“We Lose Total Control”: Clinton Continues Her Censorship Campaign on CNN


By: Jonathan Turley | October 7, 2024

Read more at https://jonathanturley.org/2024/10/06/we-lose-total-control-clinton-continues-her-censorship-campaign-on-cnn/

Hillary Clinton is continuing her global efforts to get countries, including the United States, to crackdown on opposing views. Clinton went on CNN to lament the continued resistance to censorship and to call upon Congress to limit free speech. In pushing her latest book, Something Lost and Something Gained, Clinton amplified on her warnings about the dangers of free speech. What is clear is that the gain of greater power for leaders like Clinton would be the loss of free speech for ordinary citizens.

Clinton heralded the growing anti-free speech movement and noted that “there are people who are championing it, but it’s been a long and difficult road to getting anything done.” She is right, of course. As I discuss in my book, the challenge for anti-free speech champions like Clinton is that it is not easy to convince a free people to give up their freedom. That is why figures like Clinton are going “old school” and turning to government or corporations to simply crackdown on citizens. One of the lowest moments came after Elon Musk bought Twitter on a pledge to restore free speech protections, Clinton called upon European officials to force Elon Musk to censor American citizens under the infamous Digital Services Act (DSA). This is a former democratic presidential nominee calling upon Europeans to force the censorship of Americans.

She was joined recently by another former democratic presidential nominee, John Kerry, who called for government crackdowns on free speech. Other democrats have praised Brazil for banning X. For her part, Clinton praised the anti-free speech efforts in California and New York and called for the rest of the country to replicate the approach of those states.

Clinton added a particularly illuminating line that said the quiet part out loud. This is all about power and the fear that she and others will “lose control” over speech:

“Whether it’s Facebook or Twitter or X or Instagram or TikTok, whatever they are, if they don’t moderate and monitor the content we lose total control and it’s not just the social and psychological effects it’s real harm, it’s child porn and threats of violence, things that are terribly dangerous.”

Clinton continues to offer a textbook example of the anti-free speech narrative. While seeking sweeping censorship for anything deemed disinformation, Clinton cites specific examples that are already barred under federal law like child porn.

Despite the amplified message on sites like CNN, most citizens may not be as aggrieved as Clinton that she and her allies could “lose total control” over the Internet. The greater fear is that she and her allies could regain control of social media. The Internet is the single greatest invention for free speech since the printing press. That is precisely why figures like Clinton are panicked over the inability to control it.

If citizens remain true to their values and this indispensable right, Clinton will hopefully continue to face “a long and difficult road to getting anything done” in limiting the free speech of her fellow citizens.

Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University and the author of “The Indispensable Right: Free Speech in an Age of Rage.”

Swing State Sued for Withholding Names of Over 200,000 Registered Voters Who Did Not Provide Proof of Citizenship


By: Jason Hopkins | October 04, 2024

Read more at https://www.dailysignal.com/2024/10/04/swing-state-sued-for-withholding-names-of-over-200000-registered-voters-who-did-not-provide-proof-of-citizenship/

“Vote here” signage is stored at a warehouse at the Maricopa County Tabulation and Election Center ahead of the 2024 elections in Phoenix on June 3, 2024. (Patrick T. Fallon/AFP/Getty Images)

Jason Hopkins@thejasonhopkins

Jason Hopkins is a reporter covering immigration issues for the Daily Caller News Foundation.

DAILY CALLER NEWS FOUNDATION—America First Legal on Thursday announced a lawsuit against Arizona Secretary of State Adrian Fontes for refusing to hand over the names of over 200,000 registered voters who have allegedly not provided proof of citizenship.

Fontes is breaking the law by refusing to comply with a records request that demands the names of roughly 218,000 individuals who are registered to vote but did not provide proof of citizenship, according to the lawsuit. The lawsuit comes just weeks before Election Day, with former President Donald Trump and Vice President Kamala Harris remaining in a dead heat in the state.

“America First Legal continues to lead the fight for election integrity,” Stephen Miller, America First Legal president and former senior adviser in the Trump administration, said in a press release. “We are suing the state of Arizona for refusing to provide the list of 218,000 voters who failed or refused to establish citizenship.”

“It is absolutely imperative that we stop the dire threat of illegal alien voting, which is the gravest form of foreign election interference,” Miller continued.

Maricopa County Recorder Stephen Richer identified in September a glitch in the voter roll system that marked more than 97,000 registered voters as having provided documentary proof of citizenship—which is required under Arizona law—even though these individuals had not done so. Richer filed an emergency petition in the Arizona Supreme Court on Sept. 17 in order to prevent these voter registrants from participating in local and state elections.

Fontes announced Monday that his office had discovered an additional “set of approximately 120,000 Arizonans who may be affected by a data coding oversight within [the Arizona Department of Transportation’s] Motor Vehicle Division and Arizona registration databases.”

The recent disclosure puts the total number of registered voters in the state who allegedly did not provide proof of citizenship up to roughly 218,000. The 2020 presidential election in Arizona was decided by a margin of less than 11,000 votes.

Immediately after Richer’s lawsuit, America First Legal filed a public records request asking the Arizona Secretary of State’s Office to hand over the list of all individuals who had unlawfully registered to vote, according to a press release from the organization. Fontes denied the request, alleging that disclosure of the names would lead to their harassment and that compiling the list would be too burdensome for staff.

America First Legal argues that Arizona’s public records request laws require Fontes to produce this type of information when requested.

“There have been major failures in the administration of just about every general election in Arizona from 2016 until now,” stated James Rogers, America First Legal senior counsel. “And every time anyone expresses concern, how does Secretary Fontes react? Victim blaming.”

“That is not what Arizonans expect from their elected leaders. The law requires Secretary Fontes to produce these records, and AFL will work to hold him accountable until he does,” Rogers continued.

The lawsuit was filed on behalf of the Strong Communities Foundation of Arizona, also known as “EZAZ.org.”

Fontes did not immediately respond to the Daily Caller News Foundation’s request for comment.

Originally published by the Daily Caller News Foundation

“Schencking” Free Speech: Walz Makes the Case for the Most Anti-Free Speech Ticket in History


By: Jonathan Turley | October 4, 2024

Read more at https://jonathanturley.org/2024/10/04/schenking-free-speech-walz-makes-the-case-for-the-most-anti-free-speech-ticket-in-history/

Below is my column in USA Today on the most chilling moment from the Vance-Walz debate when the Democratic nominee showed why he is part of the dream ticket for the anti-free speech movement.

Here is the column:

In the vice-presidential debate Tuesday, Minnesota Gov. Tim Walz pulled the fire alarm. His opponent, Sen. JD Vance, R-Ohio, cited the massive system of censorship supported by Vice President Kamala Harris and her running mate. Walz proceeded to quote the line from a 1919 case in which Supreme Court Justice Oliver Wendell Holmes said you do not have the right to falsely yell fire in a crowded theater. It is the favorite mantra of the anti-free speech movement. It also is fundamentally wrong.

In my book “The Indispensable Right: Free Speech in an Age of Rage,” I discuss the justice’s line from his opinion in Schenck v. United States. Holmes wrote, “The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic.”

‘Fire in a theater’ case supported government censorship

As I discuss in the book, the line was largely lifted from a brief in an earlier free speech case. It has since become the rationale for politicians and pundits seeking to curtail free speech in America.

For example, when I testified last year before Congress against a censorship system that has been described by one federal court as “similar to an Orwellian ‘Ministry of Truth,’” Rep. Dan Goldman, D-N.Y., interjected with the fire-in-a-theater question to say such censorship is needed and constitutional. In other words, the internet is now a huge, crowded theater and those with opposing views are shouting fire.

Goldman and Walz both cited a case in which socialists Charles Schenck and Elizabeth Baer were arrested and convicted of violating the Espionage Act of 1917. Their “crime” was to pass out flyers in opposition to the military draft during World War I. Schenck and Baer called on their fellow citizens not to “submit to intimidation” and to “assert your rights.” They argued, “If you do not assert and support your rights, you are helping to deny or disparage rights which it is the solemn duty of all citizens and residents of the United States to retain.” They also described the military draft as “involuntary servitude.”

Holmes used his “fire in a theater” line to justify the abusive conviction and incarceration. At the House hearing, when I was trying to explain that the justice later walked away from the line and Schenck was effectively overturned in 1969 in Brandenburg v. Ohio, Goldman cut me off and said, “We don’t need a law class here.”

In the vice-presidential debate, Walz showed that he and other Democratic leaders most certainly do need a class in First Amendment law. As I have said, the Biden-Harris administration has proved to be the most anti-free speech administration in two centuries. You have to go back to John Adams’ administration to find the equal of this administration.

Harris has been an outspoken champion of censorship in an administration that supports targeting disinformation, misinformation and “malinformation.” That last category was defined by the Biden administration as information “based on fact, but used out of context to mislead, harm, or manipulate.”

In the debate, Walz also returned to his favorite dismissal of censorship objections by saying that it is all just inflammatory rhetoric. Recently, Walz went on MSNBC to support censoring disinformation and declared, “There’s no guarantee to free speech on misinformation or hate speech, and especially around our democracy.” That is entirely untrue and shows a fundamental misunderstanding of the right called “indispensable” by the Supreme Court. Even after some of us condemned his claim as ironically dangerous disinformation, Walz continues to repeat it.

Free speech advocates view Harris as a threat

This is why, for the free speech community, the prospect of a Harris-Walz administration is chilling. Where President Joe Biden was viewed as supporting censorship out of political opportunism, Harris and Walz are viewed as true believers.

We are living through the most dangerous anti-free speech movement in American history. We have never before faced the current alliance of government, corporate, academic and media forces aligned against free speech. A Harris-Walz administration with a supportive Congress could make this right entirely dispensable.

Others are laying the groundwork for precisely that moment. University of Michigan Law School professor and MSNBC legal analyst Barbara McQuade has said that free speech “can also be our Achilles’ heel.”

Columbia law professor Tim Wu, a former Biden White House aide, wrote a New York Times op-ed with the headline, “The First Amendment Is Out of Control.” He told readers that free speech “now mostly protects corporate interests” and threatens “essential jobs of the state, such as protecting national security and the safety and privacy of its citizens.”

Walz said in the debate that Vice President Harris is promoting the “politics of joy.” Indeed, the wrong people are perfectly ecstatic. Harris and Walz are the dream team for the anti-free speech movement.

Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University and the author of “The Indispensable Right: Free Speech in an Age of Rage.”

“Curbing” Free Speech: John Kerry Criticizes the First Amendment as “a Major Block” for Censorship


By: Jonathan Turley | October 3, 2024

Read more at https://jonathanturley.org/2024/10/03/curbing-free-speech-john-kerry-denounces-the-first-amendment-as-a-major-block-to-removing-disinformation/

Below is my column in the New York Post on the recent remarks of former Secretary of State John Kerry to the World Economic Forum, the latest in an array of powerful American politicians warning about the dangers of free speech and calling for government controls. He joins his fellow former Democratic Presidential Nominee Hillary Clinton in reaching out to the global elite for help in censoring their fellow Americans.

Here is the column:

If you want to know how hostile the global elite are to free speech, look no further than John Kerry’s recent speech to the World Economic Forum. Rather than extol the benefits of democratic liberty versus dictatorships and oligarchs, Kerry called the First Amendment a “major block” to keeping people from believing the “wrong” things.

The former secretary of state and aide to the Biden-Harris administration told the sympathetic audience:

“You know, there’s a lot of discussion now about how you curb those entities in order to guarantee that you’re going to have some accountability on facts, etc. But look, if people only go to one source, and the source they go to is sick, and, you know, has an agenda, and they’re putting out disinformation, our First Amendment stands as a major block to be able to just, you know, hammer it out of existence.

“So, what we need is to win the ground, win the right to govern, by hopefully winning enough votes that you’re free to be able to implement change.”

Free rein on social media

The “freedom” to be won in this election is to liberate officials who like himself can set about controlling what can be said, read or heard. Kerry insisted that the problem with social media is that no one is controlling what they can say or read. “The dislike of and anguish over social media is just growing and growing. It is part of our problem, particularly in democracies, in terms of building consensus around any issue,” he said.

“It’s really hard to govern today. The referees we used to have to determine what is a fact and what isn’t a fact have kind of been eviscerated, to a certain degree. And people go and self-select where they go for their news, for their information. And then you get into a vicious cycle.”

Kerry continued: “Democracies around the world now are struggling with the absence of a sort of truth arbiter, and there’s no one who defines what facts really are.”

It is not clear when in our history we allowed “referees” to “determine what is a fact.”

Since the First Amendment has been in place since 1791, it is hard to imagine when referees were used in conformity with our Constitution. The Founders would have been repulsed by the idea of a “truth arbiter.” Yet it was a pitch that clearly went over big with the crowd at the World Economic Forum.

Located in Geneva, Switzerland, it is funded by over 1,000 member companies around the world. It is the perfect body for the selection of our new governing “arbiters.” The greatest irony was that, after fearmongering about this supposed parade of horrible that comes from free speech, Kerry insisted, “If we could strip away some of the fearmongering that’s taking place and get down to the realities of what’s here for people, this is the biggest economic opportunity.”

It was like Ed Wood denouncing cheesy jump scares in horror movies. Kerry is only the latest Democratic leader or pundit to denounce the First Amendment.

In my book on free speech, I discuss the growing anti-free speech movement being led by law professors and supported by both politicians and journalists. They include Michigan law professor and MSNBC commentator Barbara McQuade, who has called free speech America’s “Achilles’ heel.”

Columbia law professor Tim Wu, a former Biden White House aide, wrote an op-ed declaring “The First Amendment Is Out of Control.” He explained that free speech “now mostly protects corporate interests” and threatens “essential jobs of the state, such as protecting national security and the safety and privacy of its citizens.”

George Washington University Law’s Mary Ann Franks complains that the First Amendment (and also the Second) is too “aggressively individualistic” and endangers “domestic tranquility” and “general welfare.”

‘Will we break the fever?’

Kerry hit all of the top talking points for the anti-free speech movement. He portrayed the First Amendment as hopelessly out of date and dangerous. He argued that citizens would be far better off if an elite could tell them what was information and what was disinformation.

Other political contemporaries are working on the same problem. Hillary Clinton has called upon Europeans to use the Digital Services Act to force the censoring of Americans. She has also suggested the arrest of Americans who she views as spreading disinformation.

Sen. Elizabeth Warren (D.-Mass.) has called for companies like Amazon to use enlightened algorithms to steer readers to “true” books on subjects like climate change to protect them from their own poor reading choices.

Kerry explained how the true heroes are those poor suffering government officials seeking to protect citizens from unbridled, unregulated thoughts:

“I think democracies are very challenged right now and have not proven they can move fast enough or big enough to deal with the challenges they are facing, and to me, that is part of what this election is all about. Will we break the fever in the United States?”

The “fever” of free speech is undeniably hard to break. You have to convince a free people to give up part of their freedom. To do so, they have to be very angry or very afraid. There is, of course, another possibility: that there is no existential danger of disinformation. Rather there are powerful figures who want to control speech in the world for their own purposes. These are the same rationales and the same voices that have been throughout our history for censorship.

Give me liberty

Each generation of government officials insists that they face some unprecedented threat, whether it was the printing press at the start of our republic or social media in this century. Only the solution remains the same: to hand over control of what we read or hear to a governing elite like Kerry.

In 1860, Frederick Douglass gave a “Plea for Free Speech in Boston,” and warned them that all of their struggles meant nothing if the “freedom of speech is struck down” because “Liberty is meaningless where the right to utter one’s thoughts and opinions has ceased to exist.” Douglass denounced those seeking to deny or limit free speech as making their “freedom a mockery.” Of course, Douglass knew nothing of social media, and he certainly never met the likes of John Kerry.

However, if we embrace our new arbiters of truth we deserve to be mocked as a people who held true freedom only to surrender it to a governing elite.

Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University and the author of “The Indispensable Right: Free Speech in an Age of Rage.”

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