JonathanTurley

NOVEMBER 18, 2023

I have long been a vocal critic of the theory, which I view as historically and legally unfounded. In her 102-page ruling, Wallace declared that “[a]fter considering the arguments on both sides, the Court is persuaded that ‘officers of the United States’ did not include the President of the United States. In Brandenburg v.

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JonathanTurley

JULY 20, 2023

Today’s legal-political sequel, however, may prove to be a bit more controversial. 6 allegations are far more tenuous legally. Such an indictment could come at a high legal and political cost. Supreme Court, which rebuked Smith for what it termed the “Government’s boundless interpretation.” is obvious.

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JonathanTurley

MAY 26, 2022

Addressing the scope of this right is key to defining and supporting this right in constitutional law. However, many politicians are pushing an unlimited view of the right that raises both constitutional and political questions — an approach that far exceeds what the current Roe case law supports. Senate in Ohio.

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JonathanTurley

JANUARY 12, 2021

I have long disagreed with the view that there is a constitutional barrier to indicting a sitting president. As I wrote earlier , the governing legal standard for violent speech is found in Brandenburg v. For a court, the speech notably does not include a direct call for lawless action by Trump. I would welcome such a review.

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JonathanTurley

NOVEMBER 16, 2023

This switchboarding process was confirmed by Brian Scully of the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA), during prior court testimony. Ohio , 378 U.S. 184 (1964): “I shall not today attempt further to define [it] … But I know it when I see it.”

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JonathanTurley

APRIL 25, 2023

There is an important ruling this month out of the United States Court of Appeals for the Seventh Circuit, which ruled against former high school music teacher John Kluge for refusing to comply with the school’s pronoun policy for religious reasons. What is most curious about the ruling is the timing. Hardison , 432 U.S.

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JonathanTurley

JANUARY 8, 2022

According to the Seattle Times , Inslee declared that “it should not be legal in the state of Washington for elected officials or candidates for office to willfully lie about these election results.” Inslee’s proposals raise the same questions that we discussed in relation to “stolen valor” laws.

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JonathanTurley

APRIL 2, 2022

District Court for the Central District of California this week have electrified commentators across the networks and the Internet. The declarations by the court have led to a frenzy in the media and renewed calls for the prosecution of the former president. “The illegality of the plan was obvious.” Those words of Judge David O.

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JonathanTurley

NOVEMBER 21, 2020

While the legal team did raise some credible electoral concerns, I was also critical of Rudy Giuliani’s global communist conspiracy claim at the press conference this week. Some of these questions are being addressed in the courts. policy but instead is wrongfully demanding actions by Ukraine that would benefit him personally.”

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JonathanTurley

MARCH 27, 2022

A well-known Republican activist and Trump supporter, Thomas encouraged then-White House chief of staff Mark Meadows to pursue legal and legislative challenges to what she viewed as a stolen election. I have long disagreed with that view and have called for Congress to mandate the application of the code to the Court. Sound familiar?

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JonathanTurley

OCTOBER 12, 2023

I began my association with the House as a teenaged leadership page in the 1970s and continued through to my legal representation of the House in federal court. I have testified more than 100 times over the last four decades on a wide array of constitutional and statutory issues. and Jim Jordan (R-Ohio).

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JonathanTurley

AUGUST 19, 2021

” With that line, Biden pledged to indemnify people who violate state laws, including orders upheld by the courts. Biden’s call to use civil rights laws to challenge anti-mask mandates was itself controversial. The Administration racked up an impression array string of losses by the first six months in court.

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SCOTUSBlog

APRIL 13, 2022

During his time as an associate justice from 1877 to 1911, he broke with his colleagues in some of the most consequential – and infamous – rulings that the court has ever issued. In the end, though, a large part of the story turned on the question of just what it was that enabled Harlan to see the law so differently from his peers.

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JonathanTurley

DECEMBER 3, 2020

Flynn rightfully demanded review of his charges and his treatment by the court was irregular and improper in my view. Some of us have encouraged courts to review the voting allegations of the Trump campaign and I have specifically encouraged Democrats to support such scrutiny to help resolve the widespread view of this election as flawed.

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JonathanTurley

FEBRUARY 8, 2021

If there is a single line that sums up the sense of legal impunity in the second Trump impeachment, it is that line from a letter sent by law professors to deny any basis for the former president to challenge his impeachment on free speech grounds. 6 th constitutes actual incitement to insurrection. Cases like Brandenburg v.

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JonathanTurley

NOVEMBER 22, 2022

For the record, I am a legal analyst for Fox News, though I have spent my entire academic and professional career opposing criminal and civil efforts to punish or chill free speech. With 382 saleswomen and models, the court found that the group was too large. The Court in cases like New York Times v. In Brandenburg v.

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JonathanTurley

APRIL 19, 2021

After the riot, various legal experts appeared on news channels to proclaim that this was a strong if not conclusive case for criminal incitement. CNN legal analyst Elie Honig declared “As a prosecutor I’d gladly show a jury Trump’s own inflammatory statements and argue they cross the line to criminality.” Trump’s Jan.

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JonathanTurley

FEBRUARY 8, 2021

Various members and legal experts have claimed that the case for prosecution is clear on its face. The disconnect between legal analysis and legal reality matters little in today’s media. One possible reason is that it would collapse in court. 6 Capitol riot. Now, experts claim Trump’s Jan. That simply is not true.

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JonathanTurley

FEBRUARY 15, 2021

Below is my column in the Hill on second Trump trial and how core values quickly became the extraneous to the purpose of this constitutional process. Md) only highlighted the procedural and legal irregularities in a trial that seem increasingly detached from values like due process. The final chaos triggered by Rep. Jaime Raskin (D.,

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JonathanTurley

JANUARY 1, 2021

Bush’s victory over Democratic challenger John Kerry in the state of Ohio. Yet, this is a legal challenge under constitutional and statutory law. It is same position taken recently before the Supreme Court by Pennsylvania Attorney General Josh Shapiro, who called a legal challenge to the election “seditious.”

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JonathanTurley

JANUARY 6, 2022

Yet, a year ago, various legal experts declared that Trump should be charged based on his speech and his delay in calling for protesters to leave Capitol Hill. Indeed, many of the same legal experts reappeared to offer assurances that Trump can still be frog marched to the hoosegow. Rudy Giuliani and U.S. .” In Brandenburg v.

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JonathanTurley

DECEMBER 20, 2022

Of course, to raise obvious legal barriers to prosecution today is to invite an Internet flash mob accusing you for being an insurrectionist or fellow traveler. Likewise, experts like legal analyst and Michigan Law Professor Barbara McQuade told MSNBC viewers that Trump could be charged with manslaughter for riot.

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JonathanTurley

MARCH 31, 2021

Eric Swalwell against former President Donald Trump as a serious miscalculation that could result in a legal vindication for Trump either on the trial or appellate levels. In my view, the lawsuit contravenes free speech as well as controlling case law from the Supreme Court. The Supreme Court still overturned the conviction.

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SCOTUSBlog

APRIL 15, 2022

Share Under established constitutional law, states may generally not tax or regulate property or operations of the federal government. A 1936 federal law waives federal immunity from state workers’ compensation laws on federal land and projects. This principle is known as intergovernmental immunity. Washington.

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JonathanTurley

MAY 10, 2022

Chicago Mayor Lori Lightfoot (D) facing criticism over a tweet in which she issued a “call to arms” after the recent leaking of the abortion decision from the Supreme Court. Ligthfoot declared “To my friends in the LGBTQ+ community—the Supreme Court is coming for us next. This moment has to be a call to arms. In Brandenburg v.

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JonathanTurley

SEPTEMBER 26, 2022

It is the same approach that the President took during the last presidential campaign where he simply refused to state his position on court packing until after the election. Those words from a Democratic political consultant refer to the Supreme Court’s overturning of Roe v. In Dobbs v.

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JonathanTurley

JULY 22, 2021

Bundy of Roselle Park Municipal Court that she must remove the offending signs. ” In 1971, the Supreme Court handed down Cohen v. Indeed, the Supreme Court just handed down a ruling in Mahanoy Area School District v. The Court has been mocked for its ham-handed efforts to define pornography.

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JonathanTurley

AUGUST 2, 2021

But this stage could face legal challenges in coming weeks, as citizens and some states push back on mandates. In Ohio, $1 million lottery prizes were offered to those willing to take the shots; other states offered free metro or free museum passes. There may be new legal challenges ahead, however.

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JonathanTurley

FEBRUARY 5, 2021

The brief of the House promises an emotionally charged but legally insufficient case for conviction. It also refers to a crime that would be difficult to prove in a court of law; the president’s speech likely would be found to be protected by the First Amendment, if not at trial then on appeal. The Trump team.

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JonathanTurley

JANUARY 11, 2021

Indeed, it would be considered protected speech by the Supreme Court. The governing legal standard for violent speech is found in Brandenburg v. In 1919, Justice Oliver Wendell Holmes wrote for a unanimous bench in one of the most infamous decisions to issue from the Supreme Court. criminal code.

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JonathanTurley

JUNE 17, 2022

There is also no compelling legal basis for the claim. It was due to the paucity of direct evidence of a crime that would hold up in court. LEXIS 1033 *, 2021 WL 633384, the court noted: Attempted murder requires a finding of specific intent to kill such that implied malice is insufficient to support a conviction for that offense.

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