Monday, April 24, 2017

Complete Sentences seen as attack



It's that time  that I normally pick what community service I want to be involved in this year.  Fortunately, for once, it's not court ordered.

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THE CONTINGENCY PRESIDENCY: PRESIDENTIAL IMMUNITY INVOKED IN KENTUCKY CASE BY TRUMP’S LOCAL COUNSEL

by jonathanturley
Below is my column in USA Today on the concern over arguments being advanced in the dozens of personal cases pending against President Donald Trump across the country.  As someone who acquired his wealth in the New York real estate market, Trump has been a frequent litigant and is someone who is not deterred by threats of litigation.  Indeed, in that market, litigation is treated as an extension of the business and often used in leverage or delay tactics.  As President, Trump cannot maintain the same approach to the courts if he has any concern over the position of his office.  Much of the privileges surrounding the presidency are not expressly stated in the Constitution. They are, therefore, vulnerable to the curtailment of negative rulings.  For that reason, most presidents have avoided court tests and invoke privileges and immunities cautiously.  Yet, no president has ever had this massive number of private lawsuits pending upon taking office.  With various private lawyers asserting defenses, it raises the danger of unintended and uncoordinated presidential claims being made by largely unknown lawyers.  It is like creating constitutional law on contingency or hourly contacts. Private counsel seeks to win these civil cases and are likely less concerned (and certainly less equipped) in dealing with the long-term implications of privilege or immunity arguments.  Trump needs to carefully define the scope of advocacy for his local counsel to avoid the first contingency presidency.
Here is the column.
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Giant waterfall in Antarctica worries scientists

The big question is: has the level of surface melting increased in the last seven decades?










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Howard Dean: The Constitution Does Not Protect Hate Speech

by jonathanturley
We have been discussing how the left has fallen out of love with free speech and how free speech is now being treated not as the defining right of liberty but the very threat to liberty.  Indeed, the most existential threats to free speech around the world are now coming from the left, which has embraced speech codes and the criminalization of speech with a passion.  There are exceptions like Bernie Sanders who recently declared that Ann Coulter should be allowed to speak at Berkeley -- a position that I obviously have shared on this blog.   However, that principled position was countered by the most common response of former Vermont Gov. Howard Dean who declared that hate speech is not protected by the Constitution.  He is obviously wrong but his inclination -- even eagerness -- to limit free speech is now a mainstream idea among liberals who once were the champions of this defining right.  Notably, Dean has shown increasing intolerance in other areas.  He recently denounced a member of Congress after she simply asked for evidence to support the culpability of the Syrian regime in the recent chemical attack.

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Misogyny Meet Irony: Saudi Arabia Elected To United Nation’s Women’s Rights Commission

by jonathanturley
If you like your misogyny with a heavy serving of irony, you could do no better than the United Nations this week after Saudi Arabia was elected to a  2018-2022 term on the Commission on the Status of Women, the U.N. agency that, according to its website, is “exclusively dedicated to the promotion of gender equality and the empowerment of women.”  As with Iran being put on the Commission, the irony would be humorous if there were not millions of victims over decades of abuse by these countries.  Previously, Saudi Arabia taking over the top spot on the Human Rights Commission was viewed as unbelievable, but the entry on the Commission on the Status of Women sets a level of irony that may be unsurpassable.














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Nicole






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Kasye

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Special team investigates death of judge on New York's top court; widower disputes suicide theory

Apr 21, 2017, 12:48 pm CDT

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