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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JonathanTurley

APRIL 18, 2021

The sharp contrast in the two decisions raises serious questions over the legal and political issues that rage around such cases. The decisions reached in the shootings of Daunte Wright in Minnesota and Ashli Babbitt in Washington highlight concerns over the political and legal elements that can influence such decisions.

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JonathanTurley

AUGUST 22, 2021

As I noted earlier , if the officer intended to shoot Babbitt, it would not likely meet the standard for a justified shooting under governing cases like Tennessee v. I fail to see the justified basis under controlling legal standards but I may have the bias of a criminal defense attorney. Garner (1985).

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JonathanTurley

APRIL 5, 2022

We largely agree on areas of possible reforms, including the potential dangers of registration laws like FARA for free speech and association. Government Affairs Manager, Project On Government Oversight. Senior Legal Advisor, U.S. Program, International Center for Not-For-Profit Law. Mr. Nick Robinson. Dr. Jacob R.

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Law School Government Laws Legal 6

JonathanTurley

MARCH 28, 2024

In the 2-1 opinion , Chief Judge Priscilla Richman upheld the district court’s preliminary injunction, but it is effectively a ruling on the merits since it had to concluded a substantial likelihood of prevailing on the merits to rule in favor of the federal government. The legal difference is obvious.

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JonathanTurley

JUNE 27, 2023

” (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.) His lawyer, Chris Clark, first insisted that the release of the messages “are not only irresponsible, they are illegal.”

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JonathanTurley

APRIL 26, 2024

The ongoing prosecution of Trump is legally absurd but has resulted in the leading presidential candidate not only being gagged but prevented from campaigning. With cliffs to the left and the right, the justices are looking at a free-fall dive into the scope of constitutional and criminal law as they apply to presidential conduct.

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JonathanTurley

APRIL 7, 2024

Nevertheless, I have serious objections to the scope of these gag orders on free speech grounds, particularly before an election that could turn in large part on allegations of the weaponization of the legal system. The order reflects the utter impunity shown by the Justice Department in its pursuit January 6th defendants.

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LLRX

DECEMBER 26, 2022

Claire Leavitt , Assistant Professor of Government, Smith College, presents an overview of the broad investigative powers of the Congress from the 1920s to the present. 6, 2021 fell squarely within Congress’ power, and added a new chapter to a centuries-long history of congressional investigations into government scandals and failures.

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JonathanTurley

JUNE 16, 2021

Few people dispute that the federal government has a legitimate interest, if not an obligation, to investigate the leak of classified or sensitive information. These leaks are criminal acts under federal law. The government often knows the recipients just by looking at the signature on the items. But what is a journalist?

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JonathanTurley

SEPTEMBER 17, 2022

While legal experts pushed the department to challenge the entire order, the Department is seeking a smaller target. ” Despite a chorus of legal experts claiming that the entire order is legally unfounded and unsupportable, the DOJ is not making those arguments in court. The filing states. It is a smart move.

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JonathanTurley

JUNE 9, 2023

.” The problem, however, is that this is just like the transport of migrants to Martha’s Vineyard in September 2022, which a number of Democratic leaders and legal experts insisted was also a clear case of kidnapping and human trafficking. state once they are released by the federal government.

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JonathanTurley

SEPTEMBER 6, 2022

In another defeat for the Justice Department, a federal court has ordered not just the appointment of a Special Master but halted the use of the seized Mar-a-Lago documents by prosecutors until the legal status of these documents is established (The ongoing intelligence security review of classified material can continue). The ruling by U.S.

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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. First, Chevron does not apply for the simple reason that the Government does not ask us to apply it. at 790 (Gorsuch, J.,

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JonathanTurley

AUGUST 11, 2021

PolitiFact ran a piece basically calling Cruz a liar for his saying that there was “clear legal authority” for the order to arrest the members. The Post is correct that there is virtually no case law on the provisions in either the federal or state constitutions. That is clear legal authority. Rule 5 (Sec.

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JonathanTurley

JANUARY 14, 2021

Here is what I precisely wrote on the Blount and Belknap impeachment in The Executive Function Theory, The Hamilton Affair, And Other Constitutional Mythologies , 77 North Carolina Law Review 1791 (1999): 1. The impeachment of Senator William Blount of Tennessee may have been the most interesting both factually and legally.

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JonathanTurley

SEPTEMBER 22, 2022

While the government must show a knowing violation (as opposed to classified status), the Trump team has repeatedly declined to produce evidence of such a written or oral order, including any declaration from Trump or staff on such a decision. government with a constitutional Jedi-like power. 6th questions).

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JonathanTurley

DECEMBER 9, 2022

As discussed below, there could be legal as well as political ramifications as the House moves forward with the long-delayed investigation of these social media companies. It is still early to determine possible legal implications of these files, but there are some areas likely to be of immediate concern for counsel.

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JonathanTurley

JUNE 3, 2021

Yet, the host of legal experts and media who condemned the use of tear gas and the clearing of the Lafayette park area last year are entirely silent on the disclosures. government of Mayor Muriel Bowser , who condemned the federal government for its clearing of the area and alleged use of tear gas. government.

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JonathanTurley

JANUARY 14, 2022

This small number of individuals often discuss (as did these defendants) a desire to see an overthrow of the government. There was no apparent follow through after January 6th with an actual attack or rebellion against the government. Conversely, these defendants will be able to demand exculpatory evidence from the government.

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JonathanTurley

AUGUST 30, 2023

In one federal case alone, the government has 11 million pages of evidence that will have to be shown to the defense team. Trump and his co-defendants must stand trial for these allegations, but criminal cases are supposed to be tests of evidence, not of endurance or exposure.

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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. What was touted by many experts as a slam-dunk criminal charge has now joined a long list of alleged crimes that once were nightly cable-news sensations. Many of the same experts now trumpet the charge of criminal incitement in the Jan.

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JonathanTurley

JUNE 24, 2022

While castigating Trump counsel John Eastman for telling legislators to “just do it,” the same message seems to be coming from members and legal experts on some cable programs. However, many seem to be making the same demand of Attorney General Garland about bringing criminal charges. Here is the column: “SECVNDINVS CACOR.”

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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. It won’t work. Biden clearly lied when he denied knowledge of his son’s business operations, and he has continued to lie during his presidency.

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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. “The First Amendment does not apply in impeachment proceedings.”

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JonathanTurley

JUNE 17, 2023

Legal analysts often are asked to give the percentages on a case’s outcome or conviction. 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. That is not necessary.

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JonathanTurley

JULY 5, 2021

Below is my column in the Hill on a series of cases that appear propelled by political rather than legal considerations. The costs to the legal system, the public, or victims in such cases are often overlooked but they are considerable. Nor is he alone in pursuing a case driven more by political than legal considerations.

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JonathanTurley

FEBRUARY 26, 2023

Dickson and Right to Life East Texas moved to dismiss both suits under the Texas Citizens Participation Act, which states that a court “shall dismiss” a legal action based on the defendant’s exercise of the right to free speech, unless “clear and specific evidence” establishes “a prima facie case for each essential element of the claim in question.”

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JonathanTurley

JANUARY 7, 2022

For full disclosure, I previously worked as a legal analyst for CBS News). There was the ever present “insurrection” and “trying to overthrow government.” ” Yet, “insurrection” and “sedition” are legal terms. ” Why? ” That is perfectly bizarre.

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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.

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JonathanTurley

DECEMBER 8, 2020

She engineered her own firing at the hands of Trump – a virtual canonizing act for the media and many liberals. When Trump was inaugurated, Yates had only a few days left in government. The career staff at the OLC had found that the order was legal and within Trump’s authority.

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JonathanTurley

SEPTEMBER 11, 2023

It is the “why not” approach to criminal and constitutional law. This is one of the most dangerous legal theories to arise in decades. Indeed, Democrats have called for barring not just Trump but 120 Republicans in Congress from running for office.

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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.”. I would welcome such a review.

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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. In my testimony, I went into historical and legal detail to explain why this theory was never credible. McNally, 483 U. This Court declined to go along.

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Statute Felony Lawyer Lawyers 59

JonathanTurley

JULY 22, 2021

What Bundy is suggesting is that the state can regulate how you express opposition to politicians or the government. The Miller standard has long been criticized by legal scholars, including myself, as hopelessly and dangerously vague. Speech can be not just profane, but political and therefore protected.

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JonathanTurley

JULY 20, 2023

Today’s legal-political sequel, however, may prove to be a bit more controversial. Many people were surprised by the news, since Smith already is pursuing criminal charges in Florida on the mishandling of classified documents and the likely Jan. 6 allegations are far more tenuous legally. 6 speech for criminal charges.

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JonathanTurley

FEBRUARY 9, 2022

In doing so, as indicated above, States have long enforced age and residency requirements, without question and with very few if any legal challenges. The confederacy formed a government, an army, a currency, and carried out diplomatic missions. However, it has not been treated legally as an insurrection.

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