Law

Durham D.A. admits ideology will influence his prosecutorial discretion

Featured image If you don’t mind feeling nauseated, check out this statement by Durham County District Attorney Roger Echols, in which he explains the factors he will consider in determining “a just resolution” to the case of those who destroyed the public monument in Durham. Echols says he will balance accountability for the destruction of property against the “climate in which these actions were undertaken.” He seems to believe that a neo-Nazi »

The threat of the mob

Featured image We are awash in the spirit of the mob and mob violence. It feels something like the defining feature of the present moment. The true home of such mob violence is on the left and embodied, for example in the forces of Antifa. These forces have been abetted and indulged by authorities on the left. We need to plant a flag of principled resistance. The spirit of the mob permeates »

You Heard It Here First: NY Times Editors Deny Reading Their Own Newspaper

Featured image Sarah Palin has sued the New York Times for defamation, on account of a Times editorial that falsely claimed there was a “clear” and “direct” causal connection between Palin’s PAC’s “targeting” of Gabrielle Giffords’ district and Jared Loughner’s murder of six people in Tucson. The paper now calls its smear of Palin an “honest mistake.” I wrote here that Palin has a strong case, despite the extraordinary burden of proof »

Mueller impanels Washington, D.C. grand jury

Featured image The Wall Street Journal reports that Robert Mueller has impaneled a grand jury in Washington, D.C. A grand jury has already been impaneled in Virginia to investigate Michael Flynn and his work in the private sector on behalf of foreign interests. The new grand jury apparently will focus on Russia and the 2016 election and, quite possibly, on claims of obstruction of justice. The existence of the D.C. grand jury »

Palin to subpoena 23 witnesses in NYT defamation suit

Featured image The New York Post reports that Sarah Palin plans to subpoena nearly two dozen New York Times reporters, editors, and other workers in her defamation lawsuit against the newspaper. John wrote about Palin’s suit here and here. News of the scope of Palin’s planned discovery surfaced in a motion by the Times arguing that the case should be dismissed. The paper’s lawyers complain that Palin’s legal team has served notice »

Court rejects attempt to block election integrity panel from doing its job

Featured image Many conservatives believe that voter fraud exists on a significant scale in this country. The left insists that it does not. Indeed, says Roger Clegg, some on the left deny that voter fraud exists at all. The Presidential Advisory Commission on Election Integrity wants to find out whether, and to what extent, voter fraud exists. To do so, it needs data, specifically voter data from the states. The left filed »

A Pompeo postscript

Featured image In a June 2 story by Matthew Rosenberg and Adam Goldman, the New York Times blew the identity of the new CIA chief of operations against Iran. The Times’s decision to do so was deliberate, willful and deeply dishonorable. It may have been illegal as well. The special counsel investigation of the Bush administration was predicated on possible criminal violations in the unauthorized disclosure of Valerie Plame. Possible criminal violations »

Offensive Trademark Requests? So What?

Featured image A month ago, the U.S. Supreme Court ruled unanimously that a federal law prohibiting registration of trademarks that “may disparage … persons, living or dead, institutions, beliefs or national symbols” violates the First Amendment. Liberal media wasted no time in finding baleful consequences of the ruling. Reuters writes: “Supreme Court ruling leads to offensive trademark requests.” A small group of companies and individuals are looking to register racially charged words »

Pompeo on the leaks

Featured image Since the inauguration of President Trump we have been inundated by leaks of classified information attributed to current and former government officials. These current and former government officials have leaked classified information to their friends at the New York Times, the Washington Post and other mainstream media organs. The leaks have become a flood of crisis proportions. Two months ago, for example, New York Times reporters Matthew Rosenberg and Adam »

Leftist judges turn administrative law into a sham

Featured image Harry Reid’s decision to end the judicial filibuster of nominees for U.S. courts of appeals may have paved the way for Republicans to confirm Justice Gorsuch by ending the same practice at the Supreme Court level. But that doesn’t mean Reid’s decision isn’t paying off for the left. In fact, it’s paying off with some regularity at the U.S. Court of Appeals for the District of Columbia Circuit, the second »

Remembering Judge Bright

Featured image The Eighth Circuit Judicial Conference convenes today in Fargo. Driving into Fargo on Monday I heard Rush Limbaugh take his first call of the day from Fargo and note the impending Eighth Circuit Conference, which he said his cousin would be attending. Rush was on top of it. In advance of the conference the court held a memorial session on Tuesday in the beautiful courtroom on the fourth floor of »

Judge Janice Rogers Brown is stepping down

Featured image Janice Rogers Brown has notified officials that she will step down from the United States Court of Appeals for the District of Columbia. Judge Brown, age 68, has served on that Court since 2005. The Wall Street Journal story says, in its headline, that Judge Brown’s retirement will give President Trump the opportunity to appoint a conservative to this powerful court. He’ll be hard-pressed, however, to appoint a more solid »

The New York Times Is In Trouble

Featured image We have noted here and elsewhere Sarah Palin’s libel case against the New York Times. In a June 14 editorial, the Times accused Palin of being responsible for Jared Loughner’s murder of six people in Tucson, Arizona. Since then, the Times has issued two corrections to the editorial. Lawyers for Ms. Palin and the newspaper were in court yesterday. The New York Post’s brief account does not make clear the »

The merits and me

Featured image Reading the Supreme Court’s per curiam (unsigned) opinion in the Trump v. IRAP (Fourth Circuit) and Trump v. Hawaii (Ninth Circuit) “travel ban” cases today, I was struck by this. The Court unanimously stayed most of the injunctive relief granted by the lower courts in the two cases. In doing so, however, the Court doesn’t even address the usually key factor of likelihood of success on the merits. Apart from »

Mueller’s empire

Featured image President Trump is now in a death struggle with Robert Mueller and James Comey. That’s the conclusion I draw from former Assistant United States Attorney Andrew McCarthy’s gimlet-eyed American Greatness column “Mueller’s empire.” Andy’s column makes several important points on which I have slightly expanded: • Mueller’s appointment as Special Counsel by Deputy Attorney General Rod Rosenstein fundamentally violates the applicable regulation. The regulation requires that the Attorney General or »

An acquittal in Milwaukee

Featured image Last August, Dominique Heaggan-Brown, an African-American police officer in Milwaukee, shot and killed Sylville Smith, an African-American suspect with a lengthy record who was armed and fleeing the police. Anti-police rioting ensued. Four officers were injured. It was clear from the beginning that the African-American policeman did not shoot Smith for reasons having anything to do with race. But this didn’t matter to the local rioters or to Black Lives »

Don’t subpoena me, bro

Featured image I’ve got a pen and I’ve got notes, to borrow a phrase. I have notes of comments made by President Trump at the White House reception for conservative media on April 24. I used my notes to write up my account of the reception for Power Line readers in “At the White House with Trump.” Now in a scenario out of Twilight Zone or The Outer Limits, I am awaiting »