JonathanTurley

MARCH 28, 2024

Many of us had predicted this result given the prior precedent of the Supreme Court on the federal preemption of state immigration laws. ” I also previously discussed how this interpretation would fail due to the text, intent, and history of the underlying constitutional provision. ‘Removal is a civil, not criminal, matter.’

Immigration 46

Immigration Government Laws Court 46

JonathanTurley

APRIL 7, 2024

That alleged transgression, however, pales in comparison to a failure to protect the rights of this defendant from the abusive or unsupported surveillance of the government. He could reissue the order in compliance with the precedent, but will have to establish a record and rationale for allowing the government to conduct this search.

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LLRX

OCTOBER 29, 2021

Selin Professor of Constitutional Democracy, reviews how this battle between the two branches of government over access to presidential information raises questions about the constitutional authority of Congress and how lawmakers acquire the information needed to hold the executive branch accountable in the U.S. Jennifer L.

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Government Court Legal Research Constitutional Law 88

JonathanTurley

JANUARY 8, 2023

The majority further explained: The Government’s regulation violates these principles. As an initial matter, it purports to allow ATF—rather than Congress—to set forth the scope of criminal prohibitions. The holding was supported by a rule of lenity that “penal laws are to be construed strictly.” Guedes, 920 F.3d 4th at 899 n.5

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Statute Criminal Law Court Government 37

JonathanTurley

NOVEMBER 21, 2023

There are so many criminal laws that do criminalize speech, and so the notion that the president of the United States somehow has a First Amendment right to be protected by the government for his speech doesn’t make any sense. You – people – in all sorts of crimes. You cannot commit hate crimes.

Criminal Law 73

Criminal Law Laws Government Constitutional Law 73

JonathanTurley

SEPTEMBER 11, 2023

It is the “why not” approach to criminal and constitutional law. While the report expressly claims that the Fulton County District Attorney’s office did not create the list, it was the office of Fani Willis that presented the law, the evidence and potential targets to the special grand jury. and Maurice C.

Constitutional Law 62

Constitutional Law Lawyer Lawyers Law School 62

LexForti

JUNE 4, 2021

It would be imperative to take into cognizance the concept of jurisdiction which is a conglomeration of two terms, such as juris (meaning “law”) and diction (meaning “to speak”), which can be translated as presuming the appropriate forum that has the potential to “speak the law.”

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Cause of Action Court Entertainment Laws 52

JonathanTurley

MARCH 20, 2021

We recently discussed the case of University of North Carolina law student Sagar Sharma, a student of color, who faced a recall election as the first-year class co-president. The charges are connected to the prior controversy and raise serious free speech and retaliatory concerns at the law school. . First is SBA By-Law 11.2

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Laws Law School Statute Construction 33

JonathanTurley

APRIL 20, 2024

One law enforcement officer who observed this interaction reported that “‘Antifa’ members … began to fight/assault” Meinecke. This attracted the attention of about ten law enforcement officers, who asked Meinecke “to move to a public area located outside the park.” Meinecke kept reading aloud.

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LLRX

JULY 31, 2022

Developers, data scientists, and criminal justice experts working within the metaverse may be able to implement changes more efficiently than Congress as they are not subject to constitutional constraints.

Technology 77

Technology Government Legal Research Constitutional Law 77

LLRX

JULY 31, 2022

The thesis of Albert Chang's paper is the metaverse presents a unique opportunity for effective police reforms because software developers may be able to implement changes more efficiently than Congress as they are not subject to constitutional constraints.

Government 65

Government Legal Research Constitutional Law Criminal Law 65

JonathanTurley

JUNE 3, 2021

government of Mayor Muriel Bowser , who condemned the federal government for its clearing of the area and alleged use of tear gas. government. The federal government has maintained that it used pepper balls. The federal government still apparently denies using tear gas.

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Government Legal Legal Lawyer 82

JonathanTurley

NOVEMBER 14, 2021

In covering the motions hearing last week in the trial of Kyle Rittenhouse, I noted a surprising comment from Judge Bruce Schroeder that he had “spent hours” with the Wisconsin gun law and could not state with certainty what it means in this case. Criminal laws are supposed to be interpreted narrowly.

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Statute Misdemeanor Criminal Law Felony 57

JonathanTurley

DECEMBER 10, 2023

has even doggedly maintained that the laptop may really be Russian disinformation, despite confirmation of its content by witnesses, government investigators, and several media organizations. Even now, some are frantically joining Biden in calls for blind denials. Dan Goldman (D-N.Y.) It won’t work.

Law School 63

Law School Constitutional Law Laws Legal 63

JonathanTurley

JULY 20, 2023

6 speech for criminal charges. That speech is entirely protected under the First Amendment and governing case law, including Brandenburg v. In the past, congressional Democrats used the very same law to challenge presidential election certifications with little or no evidence. Indeed, the House Jan.

Constitutional Law 28

Constitutional Law Diligence Legal Legal 28

JonathanTurley

JANUARY 3, 2021

However, the tribe is using the vaccine supplied by the federal government for free to protect those citizens deemed more valuable “assets.” Federal and state laws do apply on Indian reservations despite their status as self-regulating states.

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Human Resources Government Construction Criminal Law 35

JonathanTurley

JULY 24, 2021

While the government can encourage criminal conspirators, the courts ask whether the offense was induced by a government agent and whether “the defendant was disposed to commit the criminal act prior to first being approached by Government agents.” The advantage remains with the government in this case.

Government 54

Government Court Laws Court Rules 54

JonathanTurley

FEBRUARY 12, 2024

The subsequent calls for Biden to be removed under the 25th Amendment are similar to demands made from Democrats and various law professors and pundits during the Trump administration. Shapiro Professor of Public Interest Law at the George Washington University Law School. Jonathan Turley is the J.B. and Maurice C.

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Law School Laws Constitutional Law Criminal Law 50

JonathanTurley

AUGUST 31, 2022

Critically, however, the former President’s counsel explicitly prohibited government personnel from opening or looking inside any of the boxes that remained in the storage room, giving no opportunity for the government to confirm that no documents with classification markings remained.” However, that is the point.

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Government Court Attorney Litigation 49

JonathanTurley

FEBRUARY 23, 2021

The idea is that the government can regulate what you are enjoying and modify your desires and actions. It is the ultimate expression of paternalistic governance theory. It is not just limit to criminal impulses but extends to dietary impulses like the Big Gulp laws.

Government 54

Government Laws Constitutional Law Criminal Law 54

JonathanTurley

FEBRUARY 26, 2023

Pederson noted that the United States Supreme Court had declared Texas laws criminalizing abortion to be unconstitutional. It is unnerving that Justice Pederson and his colleagues would allow the weaponization of defamation law to curtail the free speech rights of these pro-life advocates.

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Prima Facie Case Court Laws Legal 35

JonathanTurley

JUNE 27, 2023

million were sent to a law firm and another firm associated with Hunter Biden. ” (He did not explain why a message legally acquired by the government from the cloud account of his client would be illegal to include in the report of a congressional investigatory committee.) I am sitting here waiting for the call with my father.’”

Felony 45

Felony Lawyer Lawyers Law School 45

JonathanTurley

AUGUST 30, 2023

They involve challenging questions over the scope of not just laws like the Hatch Act but the duties of federal officials like Meadows. The trial courts will have to render decisions on major constitutional challenges, including free-speech claims, before trial. That could place those cases on a different trajectory for months.

Attorney 46

Attorney Court Calendaring Law School 46

JonathanTurley

SEPTEMBER 17, 2022

Then the government produced a redacted version that caused no such harms while confirming important facts in the case. He is likely to give access to the documents as legitimately in the possession of the government. It is only seeking access to roughly a hundred out of the thousands of documents seized in the Mar-a-Lago raid.

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Government Litigation Litigating Court 35

JonathanTurley

JANUARY 14, 2022

This small number of individuals often discuss (as did these defendants) a desire to see an overthrow of the government. However, as discussed above, keep in mind that a conspiracy requires only two people to conspire to hinder the executive of any law. The provision in 18 U.S.C. The provision in 18 U.S.C.

Government 51

Government Laws Constitutional Law Criminal Law 51

JonathanTurley

SEPTEMBER 17, 2023

Here is the column: Ronald Reagan once said, “The nine most terrifying words in the English language are: I’m from the Government, and I’m here to help.” However, there are laws on the books allowing for the prosecution of such cases. There may be a judicial argument for gagging Trump, but it raises serious constitutional concerns.

Calendaring 58

Calendaring Court Manufacturing Law School 58

JonathanTurley

FEBRUARY 6, 2023

District Judge Patrick Wyrick in Oklahoma City dismissed an indictment against Jared Michael Harrison for violating a federal law that makes it illegal for “unlawful users or addicts of controlled substances” to possess firearms. ” It is similar to the broad rationale used unsuccessfully before the Fifth Circuit.

Felony 40

Felony Court Laws Government 40

JonathanTurley

MAY 7, 2021

299 (1932), where the Supreme Court held that “where the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one, is whether each provision requires proof of an additional fact which the other does not.” United States , 284 U.S.

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Government Court Laws Constitutional Law 45

JonathanTurley

JUNE 15, 2023

The Trump indictment details alleged efforts to conceal documents, obstruct the investigation and lie to the government. Jonathan Turley, an attorney, constitutional law scholar and legal analyst, is the Shapiro Chair for Public Interest Law at The George Washington University Law School.

Law School 51

Law School Constitutional Law Statute Laws 51

JonathanTurley

JUNE 17, 2023

While the government has the advantage in this federal indictment , there are challenges being planned to attack the use of the Espionage Act, the use of statements made by Trump to his former counsel, and other issues. However, the odds of Trump going to prison could depend more on the court of public opinion than on the court of law.

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Attorney Legal Legal Law School 37

JonathanTurley

JANUARY 25, 2021

Here is the column: There are times when being a law professor ruins everything. It will be a fun bit of trivia for constitutional law geeks, but it was also telling. Clearly, voters did not support the agenda of the far left, and many seem to have preferred divided government. 6 riot in the Capitol. He needs to lead.

Immigration 48

Immigration Constitutional Law Tort Sports 48

JonathanTurley

NOVEMBER 21, 2020

Now, the Michigan Attorney General and others are suggesting that Republicans who oppose certification or even meet with President Donald Trump on the issue could be criminally investigated or charged. ” It is same weaponization of the criminal code for political purposes that we have seen in the last four years against Trump. .”

Statute 59

Statute Felony Lawyer Lawyers 59

LLRX

JANUARY 8, 2024

The shocking events of Jan. 6, 2021, signaled a major break from the nonviolent rallies that categorized most major protests over the past few decades. What set Jan. 6 apart was the president of the United States using his cellphone to direct an attack on the Capitol, and those who stormed the Capitol being wired and ready for insurrection.

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Legal Research Constitutional Law Criminal Law Contract 78

JonathanTurley

APRIL 12, 2022

The serpent in this case, according to the defendants, was the United States government. While the government announced that it had foiled a large conspiracy, it turned out that most of the conspirators were actually FBI agents. Yet, there is an even greater danger when crimes are the creation of our own government.

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Government Contract Constitutional Law Criminal Law 46

JonathanTurley

JUNE 4, 2021

Once you start as a government to criminalize speech, you end up on a slippery slope of censorship. What constitutes hate speech remains a highly subjective matter and we have seen a steady expansion of prohibited terms and words and gestures. The charges against Millar do not appear to have been brought under the new law.

Laws 53

Laws Government Constitutional Law Criminal Law 53

JonathanTurley

JANUARY 12, 2021

As I wrote earlier , the governing legal standard for violent speech is found in Brandenburg v. Under that case, the government can criminalize speech that is “directed to inciting or producing imminent lawless action and is likely to incite or produce such action.”.

Attorney 55

Attorney Legal Legal Government 55

JonathanTurley

JUNE 24, 2022

On CNN’s “Erin Burnett OutFront, ” Harvard law professor Laurence Tribe declared that Trump can now be charged with the attempted murder of former Vice President Mike Pence “without any doubt, beyond a reasonable doubt, beyond any doubt, and the crimes are obvious.” Conspiracy to defraud the government is equally challenging.

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Attorney Legal Legal Lawyer 36