JonathanTurley

JUNE 30, 2021

Roughly 30 states and the District of Columbia have statutes allowing for recovery for wrongful convictions and imprisonment. One question is whether Cosby could now sue for not just the prosecution but the incarceration in light of the ruling of the Supreme Court. Pennsylvania is not one of them (which is quite surprising).

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JonathanTurley

MAY 19, 2021

One of the greatest threats to free speech is the chilling effect caused by ambiguous or vague standards like the one contained in this statute. Most concerning is the call for European style speech limits in this country. Free speech demands bright lines.

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Misdemeanor Statute Laws Court 41

JonathanTurley

SEPTEMBER 9, 2021

The statute defines “information content provider” as “any person or entity that is responsible, in whole or in part, for the creation or development of information provided through the Internet or any other interactive computer service.” 47 U.S.C. §

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JonathanTurley

MARCH 10, 2022

When Plaintiffs refused to stop chalking, Sergeant Wallace decided to issue a citation to each plaintiff for violation of Nevada’s graffiti statute, which criminalizes conduct that “places graffiti on or otherwise defaces the public or private property, real or personal, of another, without the permission of the owner.” .

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Statute Court Laws Constitutional Law 7

JonathanTurley

MARCH 20, 2021

For example, in reviewing a criminal law (which is admittedly raises a more heightened concern), the Court in C onnally v. The Supreme Court has long opposed such vague terms as the basis for sanctions not only as a free speech matter but a matter of due process. General Construction Co. , 269 U.S. DeBartolo Corp.

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Laws Law School Statute Construction 34

JonathanTurley

NOVEMBER 15, 2022

The court clearly views this prosecution as brought in bad faith, as claimed by Netflix: Section 43.25 [under which Netflix is prosecuted] is a child pornography statute, but the Court is unconvinced that Cuties contains child pornography. 3d 874, 880 (5th Cir. 2018) (quoting Younger, 401 U.S.

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JonathanTurley

MAY 25, 2021

The statute merely requires sufficient general allegations. ” The ruling adopts a very broad view of the statute and would allow for grand jury investigations without satisfying the usual requirements of probable cause and specificity in the underlying documents. Davis has met this standard.”

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JonathanTurley

APRIL 26, 2024

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. The government insisted there is an exception for such acts from the murder statute. They may be looking not for a foothold as much as a shorter drop.

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JonathanTurley

JANUARY 8, 2023

But even if we are wrong, the statute is at least ambiguous in this regard. And if the statute is ambiguous, Congress must cure that ambiguity, not the federal courts. The holding was supported by a rule of lenity that “penal laws are to be construed strictly.” As noted above, we conclude that it unambiguously does not.

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JonathanTurley

JUNE 9, 2023

Newsom cited the kidnapping statute but apparently failed to read it or the underlying cases. While there is a fair debate over the policy of relocation by states like Texas and Florida, the effort to use the criminal process as part of that political debate is … well, pathetic. state once they are released by the federal government.

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JonathanTurley

AUGUST 25, 2021

The case is brought under statutes like 18 U.S.C. 2255, “Civil Remedy for Personal Injuries,” which provides that any person who is a victim of a violation of child pornography may recover the actual damages or liquidated damages in the amount of $150,000 per victim, and reasonable attorney’s fees.

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JonathanTurley

DECEMBER 15, 2021

. “[t]he CVA effectively strips defendants of any timeliness defense so long as the conduct over which they are sued constitutes a sexual offense under Article 130 or violations of other enumerated statutes.

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JonathanTurley

JUNE 17, 2022

The Court wrote that “[s] ince the statute does not specify the elements of “attempt to kill,” they are those required for an “attempt” at common law, … which include a specific intent to commit the unlawful act. ” .

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JonathanTurley

APRIL 13, 2024

It also does not address the fact that the Justice Department not only allowed the statute of limitations to run on major crimes, but sought to finalize an obscene plea agreement with no jail time for Hunter.

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JonathanTurley

APRIL 2, 2022

Judge Carter notes that Eastman still believes that the statute is unconstitutional as written. The court simply brushes that aside and states the “ignorance of the law is no excuse” and “believing the Electoral Count Act was unconstitutional did not give President Trump license to violate it.”.

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JonathanTurley

SEPTEMBER 18, 2023

Moreover, they testified that the statute of limitations on the most serious charges related to these foreign payments were knowingly allowed to expire by the Justice Department, even though it would have been possible to extend the statute of limitations. First, there are the tax violations.

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Statute Felony Laws Constitutional Law 72

JonathanTurley

NOVEMBER 12, 2023

While the Justice Department allowed the statutes of limitations to run on various felonies, Hunter would be faced with a new set of charges with years for criminal charges to be brought by prosecutors. That may now change. If Hunter lies to congressional investigators, he can be charged with a federal crime. That will now change.

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JonathanTurley

DECEMBER 7, 2020

From bribery statutes to constitutional provisions, legal experts routinely and unfailingly conclude that Trump or his family can be prosecuted or impeached for an endless array of misdeeds. One of the longest standing debates in constitutional law is dismissed as ill-informed by some of the same experts.

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JonathanTurley

JUNE 15, 2023

Given a suspect who is offering an implausible explanation for potentially criminal conduct, most prosecutors would want to secure a statement on the record. Lying to investigators is itself a federal crime — removing any questions over statutes of limitation.

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JonathanTurley

MARCH 31, 2021

COUNT FOUR (Violation of a Public Safety Statute: D.C. COUNT FIVE (Violation of a Public Safety Statute: D.C. COUNT TWO (Aiding and Abetting Assault and Battery). COUNT THREE (Directing Intentional Infliction of Emotional Distress). Code § 22-1322 – Incitement to Riot). Code § 22-1321 (a)(1), (a)(2), and (b)Disorderly Conduct).

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Punitive Damages Tort Statute Court 47

JonathanTurley

NOVEMBER 21, 2020

Chief Justice John Roberts eviscerated what he called the “boundless interpretation of the federal bribery statute.” The Court observed: “That requirement, this Court has made clear, prevents these statutes from criminalizing all acts of dishonesty by state and local officials. McNally, 483 U. This Court declined to go along.

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JonathanTurley

DECEMBER 4, 2020

All of those columns and speeches contorting the language of the obstruction statute would come back to haunt the Democrats. However, if the Biden administration used her designated deputy to scuttle the investigation or the report, the Biden administration will have done what Trump never actually did.

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