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

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. I recently wrote about the lawsuit by Rep.

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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. My problem with this criminal case is not the timing of an indictment but the basis for the indictment. As I wrote earlier , the governing legal standard for violent speech is found in Brandenburg v.

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JonathanTurley

JULY 22, 2021

The Miller standard has long been criticized by legal scholars, including myself, as hopelessly and dangerously vague. Ohio , the Court could not even agree on a clear reason why a porn film was not so obscene as to allow prosecution. The Court has been mocked for its ham-handed efforts to define pornography.

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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. However, when Democrats like Sen. Barbara Boxer (D.,

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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

DECEMBER 20, 2022

There is justifiable anger over these accounts but this hearing was billed as presenting the case for criminal charged. 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. It missed that mark by a considerable measure.

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JonathanTurley

JANUARY 6, 2022

However, I have long maintained that there was no evidence to support a criminal charge against Trump for incitement. 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. Rudy Giuliani and U.S. .” It is all too familiar.

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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

The governing legal standard for violent speech is found in Brandenburg v. So let’s walk down Pennsylvania Avenue.” Such marches are common — on both federal and state capitols — to protest or to support actions occurring inside. However, even Brandenburg would treat Trump’s speech as protected by the First Amendment.

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