JonathanTurley

FEBRUARY 14, 2023

The Supreme Court has held that “to the extent that [congressional officers] serve legislative functions, the performance of which would be immune. The court decided that Graham could be compelled to testify so long as investigators avoided discussing his legislative responsibilities. McMillan, 412 U.S. 306, 313 (1973); Gravel v.

Felony 48

Felony Litigating Litigation Court 48

JonathanTurley

NOVEMBER 14, 2021

The statement could effectively knock out the misdemeanor gun possession count — the one count that could still be in play for the jury after the prosecution’s case on the more serious offense appeared to collapse in court. ” Given the use of plural nouns, the court ruled that it did not apply to stealing just one horse.

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Statute Misdemeanor Criminal Law Felony 59

JonathanTurley

JUNE 9, 2023

Many migrants are released soon after capture, including some without a hearing date or court dates that are years in the future. Moreover, it is not clear how transporting migrants who entered the country illegally to another state is a violation of law. The reason is that these claims are made for cable news, not courts of law.

Laws 51

Laws Misdemeanor Attorney Felony 51

JonathanTurley

OCTOBER 2, 2023

If it were intended to disrupt the congressional proceedings, it could be treated as a felony. this would more likely constitute a criminal misdemeanor. Jonathan Turley is the Shapiro professor of public interest law at George Washington University and a practicing criminal defense attorney. It could be a crime.

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Misdemeanor Attorney Felony Constitutional Law 48

Constitutional Law Reporter

APRIL 29, 2025

Supreme Court held that the knowing or intentional causation of injury or death, whether by act or omission, necessarily involves the use of physical force against another person within the meaning of18 U.S.C. To determine whether an offense falls within 924(c)(3)(A)s elements clause, the Supreme Court applies the categorical approach.

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Statute Court Decisions Misdemeanor Court 52

JURIST

APRIL 6, 2022

The Oklahoma House of Representatives voted Tuesday to enact a law that makes it a felony to perform or attempt to perform an abortion, except to save the life of the pregnant woman in a medical emergency. Since the Supreme Court refused to enjoin the Texas law in December 2021 in Whole Women’s Health v.

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Felony Laws Court Constitutional Law 211

Constitutional Law Reporter

APRIL 30, 2024

Supreme Court held that the State of Georgia can’t retry a defendant acquitted of murder by reason of insanity. We simply cannot know why the jury in McElrath’s case acted as it did, and the Double Jeopardy Clause forbids us to guess,” the Court held. “To The Georgia courts rejected that argument, and McElrath appealed to the U.S.

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Felony Court Constitutional Law Court Decisions 59

JURIST

APRIL 13, 2022

Two doctors joined two parents on behalf of their minor children to file a complaint Tuesday in federal court against the governor and the district attorneys of Alabama, Shelby County, and Jefferson County, to block Alabama’s Vulnerable Child Compassion and Protection Act (“VCCPA”) from going into effect on May 8, 2022.

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SCOTUSBlog

NOVEMBER 2, 2022

Share On Tuesday, the court heard argument in Jones v. Two decades into his prison term, the Supreme Court decided in Rehaif v. 2255 , which funneled challenges to federal convictions and sentences into a “motion to vacate” before the sentencing court. 922(g) and sentenced to more than 27 years’ incarceration.

Statute 101

Statute Government Court Felony 101

JonathanTurley

NOVEMBER 28, 2022

Below is my column in The Hill on what is shaping up to be a major Supreme Court term on the issues of parody and satire under the First Amendment. The Court could reframe the constitutional limits for criminal and civil liability in two cases currently on the docket, including one recently granted review. VIP Products LLC.

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Court Tort Felony Litigating 54

JonathanTurley

APRIL 2, 2022

Now, an appellate court has upheld a $25 million judgment against the small college and Oberlin earned every penny of that penalty. Oberlin maintained in court filings that the son and grandson of the owners of Gibson’s Bakery “violently and unreasonably attacked” an unarmed student, but that is not how the police viewed it.

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Punitive Damages Court Misdemeanor Felony 42

JonathanTurley

JANUARY 11, 2023

That appears to be the case of Emory law professor, Darren Hutchinson , who has claimed that the late Supreme Court Justice Antonin Scalia was “basically a Klansman.” Both felony murder and the killing of an officer are commonly used as aggravating circumstances in capital cases. The Supreme Court agreed.

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Laws Felony Law School Court 52

JonathanTurley

MAY 3, 2023

We recently discussed a federal judge enjoining the new Illinois law banning “assault weapons.” ” Now a gun shop in Naperville, Illinois has made it to the Supreme Court in seeking injunctive relief and Justice Amy Coney Barrett has given the proponents of the law until Monday to respond to the request.

Felony 37

Felony Drafting Laws Court 37

JonathanTurley

OCTOBER 27, 2023

Nevertheless, Rodrigues declared “it is a felony under Florida law to ‘knowingly provide material support … to a designated foreign terrorist organization.’” The Supreme Court has repeatedly struck down such content-based bans and has been particularly protective of free speech in higher education.

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Education Felony Government Court 60

JonathanTurley

NOVEMBER 23, 2023

” That advocacy is being used to suggest that the group is guilty of a felony under Florida law to knowingly provide material aid or resources to a designated foreign terrorist organization. 7 attack as the result of Israel’s “apartheid, ethnic cleansing, indiscriminate bombing” and other “provocations.”

Education 40

Education Felony Laws Constitutional Law 40

JonathanTurley

APRIL 15, 2021

The United States Court of Appeals for the Sixth Circuit this week upheld an Ohio law that bans doctors from performing abortions when they know the reason a woman is seeking an abortion is that her baby has Down syndrome. It is a major win for pro-life advocates but could face an appeal to the Supreme Court. The new law, H.B.

Laws 43

Laws Felony Court Constitutional Law 43

JonathanTurley

JULY 24, 2022

In my view, the law violates the First Amendment and should be scuttled by the legislature. Otherwise, it would likely be struck down by the courts. The language below is reminiscent of laws making it illegal to share information on committing suicide. However, overreach can result in creating new and limiting precedent. (A)

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Felony Laws Drafting Litigating 46

JonathanTurley

FEBRUARY 4, 2023

There is a major ruling this week in the United States Court of Appeals for the Fifth Circuit where a three-judge panel ruled unanimously in United States v. Rahimi that the federal bar on gun possession for individuals under a domestic violence restraining order violates the Second Amendment.

Felony 43

Felony Court Statute Government 43

SCOTUSBlog

OCTOBER 28, 2022

Last year, the court restricted the ability of state prisoners to develop new evidence to support claims that their attorneys failed to investigate leads that could have shown they were factually innocent. In the Supreme Court’s habeas corpus jurisprudence, the answer is never simple. In 2019, the court ruled in Rehaif v.

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Felony Statute Government Court 103

JonathanTurley

FEBRUARY 6, 2023

We recently discussed the ruling of the United States Court of Appeals for the Fifth Circuit striking down a ban on gun ownership by individuals accused of domestic abuse. The court noted that this provision “is rarely used by prosecutors, as it accounts for only about 5% of prosecutions brought under § 922.” Barr , 919 F.3d

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Felony Court Laws Government 55

JonathanTurley

AUGUST 26, 2023

Two IRS whistleblowers recently confirmed that the expiration of potential tax felony crimes was raised with Weiss and the Department of Justice (DOJ). The deal disassembled in court after a few questions from the presiding judge about sweeping immunity language and other curious elements.

Misdemeanor 59

Misdemeanor Attorney Statute Felony 59

JonathanTurley

NOVEMBER 25, 2020

The Attorney General of the United States may be one of the most perfectly tailored case for major Supreme Court decision. The Supreme Court recognized that this is not an “unlimited” right under the Constitution while affirming the right of “law-abiding, responsible citizens to use arms in defense of hearth and home.”

Felony 59

Felony Government Court Laws 59

JonathanTurley

JUNE 14, 2021

Fred Schilling, US Supreme Court. Below is my column in the Hill on decisions issued by the Supreme Court in recent weeks and how they have served as a retort to those who are calling for court packing or major changes in the institution. The decisions were Terry v. Last week, the decision in Van Buren v.

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Court Felony Laws Constitutional Law 49

JonathanTurley

DECEMBER 10, 2024

United States (1997), which involved federal requirements that states cooperate on gun control measures, the Supreme Court enforced an anti-commandeering line that allowed states to refuse such federal orders. The Supreme Court has warned that financial penalties can be so coercive that they effectively commandeer states.

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Immigration Government Felony Healthcare 68

JonathanTurley

NOVEMBER 21, 2020

Some of these questions are being addressed in the courts. According to the Washington Post , Dana Nessel “is conferring with election law experts on whether officials may have violated any state laws prohibiting them from engaging in bribery, perjury and conspiracy.” And yet, it’s back. In Kelly v.

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Statute Felony Lawyer Lawyers 59

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. Even theories denied by the Supreme Court are seen as valid when used against Trump.

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Criminal Law Depose Constitutional Law Misdemeanor 36

JonathanTurley

JANUARY 18, 2021

As the Supreme Court itself has shown, new cases will often force a reexamination of what were collateral issues. In the Clinton impeachment, Democrats accepted (as ultimately did a federal court) that Clinton committed perjury – a clear felony – for lying under oath.

Misdemeanor 56

Misdemeanor Legal Legal Felony 56

JonathanTurley

JANUARY 11, 2024

That alone will be an historic moment for Congress to declare that the son of a sitting president may have committed a federal felony. Nevertheless, in 2013, Democrats pushed through a rule change allowing most presidential nominees (but not Supreme Court nominees) to be confirmed by a simple majority vote.

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Depositions Felony Law School Constitutional Law 67

JonathanTurley

FEBRUARY 24, 2021

The use of snap impeachment was unwise but constitutional. You can have a constitutional impeachment and an unconstitutional impeachment trial. It is like saying that a court must try a case because a grand jury properly indicted an individual. Courts can dismiss such cases on constitutional or legal flaws.

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Felony Legal Legal Constitutional Law 37

JonathanTurley

JANUARY 29, 2021

However, he has adopted broad interpretations in justifying prosecution or impeachment of Trump from issues like emoluments with the same assurance of clarity and certainty (despite opposing rulings from various courts). He was calling for impeachment from the earliest days of the Trump Administration. That includes impeachable tweets.

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Felony Finance Legal Legal 59

JonathanTurley

JUNE 17, 2022

It was due to the paucity of direct evidence of a crime that would hold up in court. LEXIS 1033 *, 2021 WL 633384, the court noted: Attempted murder requires a finding of specific intent to kill such that implied malice is insufficient to support a conviction for that offense. See People v. Gillespie, 2022 Cal. Indeed, in People v.

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Mens Rea Law School Laws Felony 56

JonathanTurley

FEBRUARY 4, 2021

a person is guilty of first degree murder when he or she specifically intends to kill another purposely with premeditation and deliberation, or kills while in the process of committing a felony. Gentile (Riverside County Court December 2020).” GENTILE Opinion of the Court by Liu, J. .” In Washington, D.C.,

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Felony Court Legal Legal 59

JonathanTurley

JUNE 30, 2023

The defense could come at a cost at trial, but it is a calculated risk for the court of public opinion. The odds are against Trump on ultimately prevailing with that argument in the courts. The bravado defense is likely to play better with the public than a court. Trump repeated that defense this week.

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Felony Law School Constitutional Law Laws 35

JonathanTurley

FEBRUARY 8, 2021

It did not matter that the Supreme Court has roundly rejected such sweeping interpretations of bribery, extortion and related political corruption. Others claimed Trump committed “felony bribery” by fundraising for Republican senators when he was about to be impeached. One possible reason is that it would collapse in court.

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Finance Legal Legal Entertainment 57

JonathanTurley

OCTOBER 5, 2023

Here is the column: Hunter Biden returned to court today on the felony indictment for his possession of a handgun, including allegations that he lied on an Oct.12, Jonathan Turley, an attorney, constitutional law scholar and legal analyst, is the Shapiro Chair for Public Interest Law at The George Washington University Law School.

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Calendaring Felony Law School Constitutional Law 60

JonathanTurley

MAY 26, 2021

The actual prosecutors at Main Justice found that not only would the allegations not meet the standard for obstruction of justice but that it would still be the case even if Trump was not the President of the United States.

Lawyers 75

Lawyers Lawyer Attorney Felony 75

JonathanTurley

JULY 28, 2023

District Court for the District of Delaware. That is not even including potential felony charges for the original gun violation , money laundering, or other crimes. Jonathan Turley, an attorney, constitutional law scholar and legal analyst, is the Shapiro Chair for Public Interest Law at The George Washington University Law School.

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Felony Law School Constitutional Law Laws 59