Jonathan Turley

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...The threats are another example of why Congress should not continue to push to make ideology a key criteria in prioritizing terrorism investigations. There are terroristic threats coming from both the left and the right. jonathanturley.org/2022/06/07/tur…
"Well, let me just say this: a woman has a right to choose." That was Speaker Pelosi's response when asked to condemn the violent threats against pro-life groups. foxnews.com/politics/pelos… It is still an improvement over "people will do what people will do." jonathanturley.org/2020/07/10/peo…
...This was a powerful hearing with some truly gut-wrenching moments. Why lose that high ground by raising the elections, particularly after The NY Times and others said that the Democrats wanted to use the hearing to "reframe" for the upcoming elections?
Given the criticism of abandoning the bipartisan tradition on committee membership, I was very surprised that the Chairman inviting the closing statement on 2024 and the danger of electing Trump or his supporters...
...What I liked most about Jacob's testimony was his question to John Eastman that, putting aside these rival theories, isn't this a very bad idea for the country?
...Greg Jacob has done a great job in laying out the problems with a sweeping interpretation of the Pence role and the implications for our elections. However, this challenge was always the "Death Star" option that was looming after the election. jonathanturley.org/2020/11/23/the…
"...on the grounds that the underlying vote-count was generated in an illegitimate fashion - that it was rigged. Pence could refuse to allow the House or Senate to consider a state certificate that he found fraudulent and eliminate its electoral votes from the overall tally."
...In 2020, Harvard Professor Bruce Ackermann and Rep. Ro Khanna wrote in LA Times wrote "there is an exception to the general rule. Precedents established by Thomas Jefferson in 1800 would permit Pence to invalidate a particular state's electoral returns ..."
During Trump's rally speech, I tweeted that he was wrong about the authority of the Vice President. However, there was a debate before the election on that possibility and various scenarios even among liberal academics and members...
After Republican Attorney General Jason Miyares wrote the court offering to prosecute the case, Biberaj (who described herself as a “progressive prosecutor”) lashed out at Miyares and told him to “stay in your lane.” jonathanturley.org/2022/06/16/sta…
There is now a mess of conflicting statements from Hunter. However, with the exception of a few media outfits, the media has little interest in pursuing such questions.jonathanturley.org/2022/06/16/tha…
...The expansion offers hope for many of us who have been saddened by the decline of the ACLU. FIRE has been a major force for free speech protection on our campuses. If it can replicate that success beyond the wall of academia, it could well fill the vacuum left by the new ACLU.
Many are asking if FIRE can be the new ACLU. Hopefully not, but it could be the old ACLU... jonathanturley.org/2022/06/16/can…
While Rivera's fining authority is unclear, he knows Del Rio is not going to complain or litigate if he wants to continue in the NFL. He will dutifully mutter the official insurrection line like some punch-drunk lineman trying to remember a Fire Zone blitz.thehill.com/opinion/judici…
...We will come up with a new moniker though some students proposed one based on the Hippo statue (installed in 1996). Of course, we could then be called the “hippocrites” without the cost of a publicity firm. jonathanturley.org/2019/02/05/gw-…
...The Colonials fought against foreign rule. They were not advocates of colonization. For those interested in GW, that understanding was apparent by even a cursory review our history.
...The university says that the term no longer reflects the school's values, which no longer appears to include historical accuracy.
George Washington University has announced that it will discontinue the use of our colonials moniker based on uninformed and inaccurate objections. jonathanturley.org/2019/02/05/gw-…
...Sixth opinion is a per curiam in Arizona v. City and County of San Francisco where the court decided the case was improvidently granted. supremecourt.gov/opinions/21pdf…
...As important as the opinion is to many...most people were not awaiting Justice Alito's take on bilateral arbitration agreements . . .
...That means that we could still get Dobbs today if Alito has a double header on opinions (and he remains the author of the majority opinion in the case).
...The fifth opinion is out. It is Viking River Cruises v. Moriana and it is written by Justice Alito. supremecourt.gov/opinions/21pdf…
...With Sotomayor, that puts us just below Alito in seniority and possible the Dobbs decision if he is still the author of the majority opinion.
...The fourth opinion is Golan v. Saada dealing with The Hague Convention. It is another unanimous decision. Justice Sotomayer is the author. supremecourt.gov/opinions/21pdf…
...Of course, given the leaked opinion by Justice Alito, it is tense as we move up toward his position in seniority as we await the Dobbs decision.
...We had a five opinion day on Monday so it looks like another bonanza today. That makes sense given the cases to clear before the end of the term. Awaiting another opinion now...
The third opinion is Yseta del Sur Pueblo v. Texas and we are up to Gorsuch in seniority on the authors of the majority opinion. supremecourt.gov/opinions/21pdf…
...What is interesting is that Gorsuch and others were opposed by Democrats because they were viewed as hostile to Chevron. This decision further undermines the Chevron doctrine but it is on behalf of an unanimous court. While not lethal, the case goes against agency deference.
...The Court rules unanimously that Medicare does not give HHS discretion to vary the reimbursement rates for a particular group of hospitals.
...The second opinion is now up. American Hospital Association v. Becerra - Kavanaugh writing. This is one of the major decisions of the term for the medical and insurance areas. It is another unanimous decision. supremecourt.gov/opinions/21pdf…
...Gorsuch is an excellent example of how critics misrepresent the actual voting on the Court. When I testified at his confirmation, I said that Gorsuch would not be the robotic ideologue portrayed by critics. He has proven one of the most interesting justices to sit on the Court
Interesting line up with Gorsuch, Sotomayor and Breyer in dissent. Hold the the exception for "clear and unmistakable error" does not allow for relief from a VA decision applying an agency regulation later found to be in violation of the law.
We are now getting the opinions for today. The first opinion released is George v. McDonough. It is 6-3 and authored by Justice Barrett. supremecourt.gov/opinions/21pdf…
...There is a narrow range of permitted characterizations, running from an “insurrection” to “domestic terrorism” to a “coup.” If you want to play football, you will stick with those three approved options.
Del Rio now faced the ultimate “bull rush” where the media, politicians, and companies line up to overwhelm anyone with a dissenting view on Jan. 6.Del Rio is now in football purgatory after drawing a flag for exercising free speech... thehill.com/opinion/judici…
......These lawyers showed the integrity that Elias failed to demonstrate in his past controversies. These lawyers refused to be conduits or promoters of claims they considered false. That was hardly the profile of courage that emerged with Elias during the Clinton campaign.
...Elias is a lawyer previously sanctioned in court and credited with hidden funding of the Steele Dossier by the Clinton campaign, including reportedly denying such a funding role when pressed by media...
The praise for Trump lawyers ("Team Normal") who opposed election fraud claims does not sit well with some who spent years demonizing Bill Barr and others. Yet, the loudest and most ironic voice is that of former Clinton Campaign lawyer Marc Elias...jonathanturley.org/2022/06/15/con…
...We will now have to wait to see what non-criminal violations were found in what was billed as an investigation that would just take days to complete. That was months ago and long after the photographer himself said that he saw no whipping of migrants. jonathanturley.org/2021/10/04/bid…
"...For example, what began as an investigation into whether agents used reins to whip migrants might be converted into a long investigation into the use of horses in crowd control operations." ...
...I previously wrote "a classic response to such scandals is to bury them in investigation to wait for public attention to wane. You can do that by changing the question...".jonathanturley.org/2022/03/28/bid…
The Biden Administration is reportedly planning to punish the border agents accused of whipping migrants despite the debunked claims in that scandal. foxnews.com/politics/dhs-p… President Biden not only declared them guilty but pledged punishment before the start of the investigation
...It is easy to make such claims on a cable show. However, if Schiff believes that the Committee has evidence of “likely multiple” federal crimes, he should be able to lay out the evidence in these hearings. The hearings will resume on Thursday and that case is still be made.
Schiff is suggesting that, if the Committee can prove that Trump really, really, really knew the election was lost, his reckless push against election certification would somehow become a crime. That is not, in my view, correct. jonathanturley.org/2022/06/15/sch…
...There should be common ground in condemning these protests. This is a chance for President Biden to be a voice for moderation and civility. This is about exercising responsibility rather than rage in our society.
...Targeting jurists at their homes is intimidating and inflammatory, particularly after the alleged attempted murder of Justice Kavanaugh. There is a good faith debate on the applicability of the federal criminal law on protests. However... jonathanturley.org/2022/05/12/pro…
...This will be yet another opportunity for President Biden to finally speak publicly on these protests. When he signs the new law, he should condemn these protests as reckless and wrong...
The House just passed the legislation to add protections for Supreme Court justices. In the meantime, protesters have now returned outside the home of Justice Alito...
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