Local Newspaper Brings Not-So-Subtle Attack On Basic Constitutional Rights
Above The Law
SEPTEMBER 10, 2021
Listen lawyers: no matter what work you do, you have a role to play in how criminal law gets reported.
Capital defendant whose lawyer conceded guilt despite his objection seeks relief from Supreme Court
SCOTUSBlog
APRIL 29, 2022
Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, a capital defendant’s request for habeas relief on the ground that his lawyer conceded guilt over his objection, as in 2018’s McCoy v. In Tyler v.
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Whistleblowers Are the Conscience of Society, Yet Suffer Gravely For Trying to Hold the Rich and Powerful Accountable For Their Sins
LLRX
APRIL 30, 2023
Lawyer, activist, author, and whistleblower Ashley Gjovik states: "I blew the whistle and was met with an experience so destructive that I did not have the words to describe what happened to me. I set out to learn if what happened to me is a known phenomenon and, if so, whether there are language and concepts to explain the experience.
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CLAT/AILET PG WORKSHOP BY IDIA KERALA CHAPTER: Register by 17th December
LexForti
DECEMBER 10, 2021
It is a student-run organization that aims to train underprivileged students and transform them into leading lawyers and community advocates. She is also a tutor for law entrance exams at Jays Academy, Trivandrum. Her areas of interest include Contract Law, Intellectual Property Law and Constitutional Law.
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Victim’s Family in the University of Idaho Murders Appeals Gag Order
JonathanTurley
FEBRUARY 7, 2023
1030, 1072-1074 (1991), the Supreme Court recognized that “The speech of lawyers representing clients in pending cases may be regulated under a less demanding standard than that established for regulation of the press in Nebraska Press Assn. Lawyers for family members are representing clients who are not parties to the case.
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Police Suggest Possible Charges for Those Who Filmed Rape on Train
JonathanTurley
OCTOBER 19, 2021
I am unaware of a criminal provision that would allow a charge for the other passengers in Pennsylvania. Indeed, I know of no law requiring an intervention in a violent crime scene anywhere in the country. Perhaps some of our Pennsylvania lawyers could help out.
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Australia High Court Delivers Major Blow to Free Speech In Defamation Ruling
JonathanTurley
SEPTEMBER 9, 2021
The court noted a number of decisions limiting CDA immunity including a decision by Judge Easterbrook of the United States Court of Appeals for the Seventh Circuit, who wrote in Chicago Lawyers’ Comm. For Civil Rights Under Law, Inc. Craigslist, Inc. , 3d 666, 670 (7th Cir.
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Ohio Supreme Court Overturns Sentence Adding Six Years After Defendant Called Judge “Racist as F**k”
JonathanTurley
JUNE 14, 2022
There is an interesting case out of Ohio where the state Supreme Court has ruled that Lake County Common Pleas Court Judge Eugene Lucci erred when he gave Manson Bryant, 35, an added six years after Bryant called him “racist as f**k.”
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SCOTUS Narrows Reach of Identity Fraud Statute
Constitutional Law Reporter
JULY 6, 2023
In further support of its decision, the Court noted that it has “traditionally exercised restraint in assessing the reach of a federal criminal statute,” and “prudently avoided reading incongruous breadth into opaque language in criminal statutes.” The Court today rightly rejects that unserious position.”
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9 Things you need to know before choosing a law school
SimplyLawJobs
FEBRUARY 7, 2022
In this Simply Law article, our partner’s Lawyer Monthly discusses the 9 things you need to know before choosing a law school. The prospect of going to law school is not only one that requires a lot of hard work and money but also some thorough research. Business Law. Constitutional Law.
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UNC Law Student Who Questioned Racial Incident Is Disqualified From Running For New Office
JonathanTurley
MARCH 20, 2021
Being a lawyer requires a certain level of decorum and professionalism within the institutional setting. For example, in reviewing a criminal law (which is admittedly raises a more heightened concern), the Court in C onnally v. There is no room for insults and anger. General Construction Co. , 269 U.S.
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Hunter Biden’s 7% Solution: Using Addiction to Excuse Corruption
JonathanTurley
JUNE 27, 2023
million were sent to a law firm and another firm associated with Hunter Biden. His lawyer, Chris Clark, first insisted that the release of the messages “are not only irresponsible, they are illegal.” This past weekend, there were reports that, after the threatening WhatsApp message was sent, two payments totaling $5.1
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Pronoun Lockdown: Almost Half of Millennials Want Jail Time for “Misgendering”
JonathanTurley
JULY 16, 2023
who is a lawyer, said that “if you espouse hate … you’re not protected under the First Amendment.” Yet, the most serious concern is the inclination of this generation to use criminal laws to police such questions. Given that fact, it is astonishing to claim that a pronoun violation could lead to incarceration. Recently, Sen.
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Second Circuit Strikes Down Critical Provisions in New York’s Most Recent Gun Control Law
JonathanTurley
DECEMBER 9, 2023
Once again, a public interest lawyer would think twice before appealing the ruling for New York. Hochul made clear that the state was attempting to effectively ban guns by effectively declaring most of a given city a “sensitive place.” However, the state has previously shown little judgment in making such decisions.
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Eleventh Circuit Rules for DOJ on Classified Documents As Trump Claims the Right to Declassify with a Thought
JonathanTurley
SEPTEMBER 22, 2022
He makes direct reference to being given different accounts of the controlling law. There are some lawyers who believe that a president has immediate and unlimited authority over classified information. Trump also appears to be relying on a legal advice defense (as he has with the challenge to the 2020 election and Jan. 6th questions).
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DOJ Drops Threshold Opposition to Special Master on Appeal; Only Challenges Part of Cannon Order
JonathanTurley
SEPTEMBER 17, 2022
Late Friday, the Justice Department filed its long-awaited appeal of the special master order of United States District Judge Aileen Cannon.
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Flynn’s Cadaver Synod: The Court Dismisses A Dead Case But Not Before It Flogs The Corpse
JonathanTurley
DECEMBER 10, 2020
Instead, Sullivan took the extraordinary step of appointing an outside lawyer, John Gleeson , to argue against dismissal of the case. As when he brought in his own lawyer, Sullivan seemed to many to be turning into a self-contained legal system as accuser, prosecutor and presiding judge. Sullivan simply refused to part with the case.
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Bowser’s About Face: The District Admits Using Tear Gas Against Protesters and Seeks To Dismiss BLM’s Lafayette Park Lawsuit
JonathanTurley
JUNE 3, 2021
In the course of the arguments, one lawyer stood out in insisting that the use of tear gas against the protesters was entirely reasonable. What was so striking is that the lawyer, Richard Sobiecki, represents the D.C.
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The Chauvin Appeal: How The Comments Of The Court and The Prosecutors Could Raise Challenges Going Forward
JonathanTurley
APRIL 21, 2021
Below is my column in the Hill on two issues that arose on the final day of the trial of Derek Chauvin that could now feature prominently in any appeal. There will likely be an array of conventional appellate issues from the elements of the murder counts to the sufficiency of the evidence.
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The Neutron Prosecutor: How Special Counsel Hur May Prove the Ultimate Punchline in Washington
JonathanTurley
OCTOBER 10, 2023
Below is my column in the New York Post on reports that Special Counsel Robert Hur has finally interviewed President Joe Biden on allegations that he removed and retained classified material going back to his time as a United States senator. The problem facing Hur could be what to do if he actually finds evidence of a crime.
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The Best Case For A Flynn Pardon May Be The Conduct Of The Court Rather Than The Defendant
JonathanTurley
NOVEMBER 25, 2020
However, the strongest case for a pardon for Flynn was not made by his lawyers as much as his judge, the Honorable Emmet Sullivan. However, while his lawyers made strong arguments in court, that alone would not justify a pardon from a president who has such a close personal and professional relationship with Flynn.
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“MyPillow Guy” Becomes a Nightmare for a Jan. 6 Rioter — and for Free Speech
JonathanTurley
SEPTEMBER 9, 2021
Even Jensen’s lawyer called his interest in right-wing sites an “addiction.” .” For that reason, while I have long denounced antifa, I opposed the use of sedition charges against them in defense of free-speech rights that they would deny to others.
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Democratic Governor Calls For Criminalizing “Lying” About Election Results
JonathanTurley
JANUARY 8, 2022
Such a criminal law would be ripe for abuse and would create a chilling effect that would be positively glacial. We have seen other Democratic leaders use the criminal process in similarly reckless fashions. Inslee’s proposals raise the same questions that we discussed in relation to “stolen valor” laws.
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Jack Smith’s War on Free Speech: Attorney General Garland Should Rein in His Special Counsel
JonathanTurley
OCTOBER 29, 2023
Meadows’ lawyer disputes those reports.) 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. Smith wants to bar Trump from criticizing any witnesses as well as the prosecution and the court.
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Newly Released OLC Memo Shows Staff Lawyers Found No Basis For Obstruction Charges In Mueller Report
JonathanTurley
MAY 26, 2021
The long-awaited, though partial, release of a memorandum from the Justice Department this week left many “ frustrated ,” as predicted by the Washington Post, in Washington. The reason is what it did not contain.
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“Just Do It”: Democrats Continue to Struggle to Find a Crime to fit the Offense
JonathanTurley
JUNE 24, 2022
Hearing an account of Trump lawyer John Eastman tell the Arizona House Speaker Rusty Bowers to “just do it” in scrapping the state’s slate of electors was cringeworthy. However, many seem to be making the same demand of Attorney General Garland about bringing criminal charges.
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Why Has Trump Not Been Charged With Criminal Incitement?
JonathanTurley
FEBRUARY 8, 2021
The campaign finance charge actually was one of the more credible claims, since former Trump lawyer Michael Cohen pleaded guilty to it. For four years, they have supplied a stream of allegations, all described as conclusive, to feed readers’ and viewers’ insatiable appetites.
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Trying Trump: Scandal May Be His Element — But This Time May Be Different
JonathanTurley
JUNE 11, 2023
While there will be a question of whether Trump or his lawyers were responsible for false representations to federal authorities about the alleged documents, the question for the jury is free from the factual and constitutional complexities suggested by his team.
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“Oh Georgia, No Peace I Find”: The Fourth Indictment of Donald Trump and the Criminalization of Election Controversies
JonathanTurley
AUGUST 15, 2023
There are clearly a number of people beyond Trump who are being targeted, including his lawyers Rudy Giuliani and Sidney Powell. The greatest challenge for Georgia is to offer a discernible limiting principle on when challenges in close elections are permissible and when they are criminal.
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Is “Inconceivable” Provable? The Justice Department Needs More Than a Vizzini Charge to Prosecute Trump
JonathanTurley
AUGUST 1, 2022
And Trump had a team of lawyers advising him these were valid claims. Democrats have tried to undermine such a defense by referring to Trump’s personal lawyers as “ Team Crazy ” and noting that not only White House counsel but most legal experts disagreed with their analysis. Democrats in Congress ( including some members of the Jan.
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Justice or Just Desserts? Trump, Cosby and Georgia cases show rising cost of political litigation
JonathanTurley
JULY 5, 2021
From the prosecution of Bill Cosby to a federal lawsuit against Georgia, courts are dealing with cases where government lawyers repeat the same implausible claims with the same unconvincing results. Nor is he alone in pursuing a case driven more by political than legal considerations. The Weisselberg indictment.
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How Donald Trump’s Indictment Could Backfire on Joe Biden
JonathanTurley
AUGUST 9, 2023
However, Trump followed the advice of a second, albeit smaller, set of lawyers who told him there was a basis for challenging the election. Now, according to special counsel Smith, such knowing lies can be criminal matters, at least in the case of Donald Trump. That is not a crime. It is, in my view, protected political speech.
The “Why Not” Culture: Why the Georgia Final Report Should Worry Us All
JonathanTurley
SEPTEMBER 11, 2023
It is the “why not” approach to criminal and constitutional law. They also included lawyers who argued for recounts or investigations into alleged election fraud. And while we’re at it, why not bar every lawyer who helped file claims of voting fraud from ever running for office? Lindsey Graham (R-S.C.)
Have You Seen This Man? Biden Special Counsel Robert Hur Appears to Have Vanished
JonathanTurley
JUNE 15, 2023
Smith was all over the place in pressuring Trump World figures, from low-level aides to Trump’s own lawyers — even compelling Trump counsel to testify against their client. 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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Trump’s Liability Or Opportunity? Two Capitol Police Officers Sue Trump Over Capitol Riot
JonathanTurley
MARCH 31, 2021
attorney Patrick Malone, who previously filed ethics complaints against lawyers representing the Trump campaign or the Republican party. Trump lawyers many view this lawsuit as a greater opportunity than a liability for their client. The 40-page lawsuit was written by D.C.
Is Biden About To Help Make The Case For A Self-Pardon?
JonathanTurley
DECEMBER 8, 2020
With the nomination of California Attorney General Xavier Becerra for Secretary of the Department of Health and Human Services, the list of presumed frontrunners for Attorney General is narrowing. One name remains prominently at top: former Associate Attorney General Sally Yates.
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Susanna Gibson Alleges that Critics Committed a “Sex Crime” In Exposing Her Alleged Streaming of Sex Acts
JonathanTurley
SEPTEMBER 16, 2023
Indeed, the site shows a long-standing anomaly in our criminal law. It would be illegal for Gibson to offer sex for money on the street under our prostitution laws. The Criminal Allegation Daniel P. Watkins, a lawyer for Gibson, supported her claim of a criminal violation, citing the state’s revenge porn law. .”
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Law’s Ahab: Weissmann Makes The Case For A Trump Self-Pardon
JonathanTurley
DECEMBER 28, 2020
Trump did not pardon his lawyer, Michael Cohen, when Cohen angled for his pardon. Former campaign aide George Papadopoulos and attorney Alex Van Der Zwaan served sentences. Flynn was convicted and should have been sentenced years earlier if not for a series of bizarre actions by the federal judge who heard his case.
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Mutual Destruction: How Trump’s Trial Became A Tale Of Constitutional Noir
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. The final chaos triggered by Rep. Jaime Raskin (D., Md) only highlighted the procedural and legal irregularities in a trial that seem increasingly detached from values like due process.
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Michigan Legislators Face Calls For Possible Criminal Charges After Meeting With President Trump On Certification
JonathanTurley
NOVEMBER 21, 2020
We have been discussing the campaign of The Lincoln Project and others to harass and abuse lawyers who represent the Trump campaign or other parties bringing election challenges. Eliason recently defended the attacks on fellow lawyers who are represented those challenging election results or practices).
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New Jersey Woman Triggers Free Speech Case With Profane Anti-Biden Signage
JonathanTurley
JULY 22, 2021
Her lawyer, Michael Campagna, insists that the f-word no longer has a sexual connotation and is simply a common colloquialism. Dick’s offensive signs (which can be seen here ) include some comparably mild statements like “Don’t Blame Me/I Voted for Trump.” ” The signs were purchased by Dick, 54, from commercial dealers.
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Mr. Smith Goes to Washington — With a Possible New Indictment of Donald Trump
JonathanTurley
JULY 20, 2023
Those hearings showed that the White House’s lawyers rejected the theories put forward by figures like Trump associate John Eastman. However, relying on bad advice or bad law is not a crime. We have never criminalized such interpretations. Again, Smith may have acquired evidence that eluded the J6 Committee.
A League of Their Own: The Rollins Decision Follows a Troubling Pattern at the DOJ
JonathanTurley
MAY 25, 2023
It also will face a reckoning over the classified documents found in President Biden’s various offices and residences ; those documents were clearly divided and moved repeatedly, and Biden’s lawyers — like Trump’s — completed searches only to have more documents discovered in these locations.
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Michigan Attorney General Resumes Threats Of Criminal Prosecution Against Those Alleging Voter Fraud
JonathanTurley
NOVEMBER 24, 2020
Yet, as shown by a congressman seeking to disbar dozens of Trump lawyers , such threats are popular in today’s rage-filled politics. Colbeck responded “I’ve submitted my affidavits to lawyers, and we’ve moved it up the chain that way. She noted that the board has little ability to investigate such claims.
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