JonathanTurley

OCTOBER 2, 2023

this would more likely constitute a criminal misdemeanor. In Bowman’s case, the criminal act is captured on videotape, but it is also likely a misdemeanor. It could be a crime. If it were intended to disrupt the congressional proceedings, it could be treated as a felony. Various Republicans want to see Rep.

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JonathanTurley

MAY 19, 2021

The case could present an important court test for this country in resisting the criminalization of speech that we have seen in Europe. ” The law is similar to the type of vague speech codes that we have addressed on campuses but this is an actual criminal provision under state law. Mosley , 408 U.S.

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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.

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JonathanTurley

MAY 12, 2021

In a major but likely controversial victory for free speech, the United States Court of Appeals for the Fourth Circuit overturned the conviction of a retired Air Force Colonel for using a racial epithet at the shoe store on the Marine base at Quantico in Virginia. 568, 572 (1942), the Court has sharply abridged the application that exception.

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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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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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JonathanTurley

OCTOBER 19, 2021

Generally there is no duty to rescue or to call police under the common law. For example, Washington state allows for the charging of a misdemeanor. The law covers violent crimes, sexual assault, and assault of a child. The language of this Court in Brown v. Some states have moved to penalize those who do not call police.

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JonathanTurley

APRIL 1, 2024

The controversial law came up in oral arguments over the access to the abortion pill in the Supreme Court. The relevance of the Comstock Act to the issue of the availability of mifepristone is highly contested and unlikely to draw a majority on the Court. The repeal of the Comstock Act is long overdue.

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JonathanTurley

SEPTEMBER 27, 2021

Here is the column: This past week the American Civil Liberties Union honored the late Supreme Court Justice Ruth Bader Ginsburg on the one-year anniversary of her death — by rewriting her famous defense of a woman’s right to abortion to remove offensive language. This already is being litigated in some lower courts.

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JonathanTurley

AUGUST 26, 2023

After years of investigation, he and the DOJ agreed to a couple of tax misdemeanors, a papered-over gun charge, and no risk of jail time for the president’s son. The deal disassembled in court after a few questions from the presiding judge about sweeping immunity language and other curious elements.

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JonathanTurley

SEPTEMBER 16, 2023

Watkins, a lawyer for Gibson, supported her claim of a criminal violation, citing the state’s revenge porn law. As shown below, the law makes it a Class 1 misdemeanor to “maliciously” distribute nude or sexual images of another person with “intent to coerce, harass, or intimidate.” The Criminal Allegation Daniel P.

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

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JURIST

FEBRUARY 6, 2021

A letter signed by 144 constitutional law scholars and circulated Friday characterizes as “legally frivolous” ex-President Donald Trump’s First Amendment -based defense in his impeachment trial slated to start in the US Senate on February 8.

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JonathanTurley

JANUARY 18, 2021

It does not change my view of the meaning of high crime or misdemeanors. As the Supreme Court itself has shown, new cases will often force a reexamination of what were collateral issues. I encouraged further hearings for a few more weeks to secure the testimony of key witnesses or court orders in favor of the House.

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JonathanTurley

OCTOBER 1, 2023

The House now has credible, compelling evidence that the president may have committed high crimes and misdemeanors. This is a constitutional process, not just some trash-talking cable show (although, admittedly, it was hard to tell at moments in the hearing). That is how an impeachment inquiry should begin. Because we do not know.

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JonathanTurley

FEBRUARY 8, 2021

Since there is not even a requirement that a high crime and misdemeanor be an actual crime, few argue that there is a categorical bar on the use of speech for the basis of impeachment under the First Amendment. That may be technically true in the sense of an actual defense to enjoin or bar impeachment in court.

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JonathanTurley

JANUARY 24, 2025

Like many, she was convicted only of a misdemeanor for parading, demonstrating or picketing in the Capitol building. Three other misdemeanors were dropped as part of a plea bargain). It may then be rejected by the person to whom it is tendered; and if it be rejected, we have discovered no power in a court to force it on him.

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JonathanTurley

FEBRUARY 12, 2021

I have long maintained (as I did as a witness in the first Trump impeachment hearing) that the House can legitimately impeach a president on his very last day in office if it has evidence of a high crime and misdemeanor. However, after Jan.

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JonathanTurley

NOVEMBER 19, 2020

Gretchen Whitmer for her misrepresentation of a state supreme court ruling that she violated the state constitution in her pandemic orders, a false account echoed by NBC’s Chuck Todd. Whitmer did violate the Constitution, as have other public officials in other states. It does not use “high crime or misdemeanors.”

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JonathanTurley

JANUARY 10, 2024

The hearings this week may reveal conduct that reaches the level of a high crime and misdemeanor. It is also true, in my opinion, that none of those things amount to high crimes and misdemeanors warranting his impeachment. If Mayorkas is violating federal law, he can be brought to court to enjoin his actions.

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JonathanTurley

JANUARY 17, 2021

Each senator must decide whether such a trial is constitutional before deciding whether an accused can be retroactively removed for a high crime and misdemeanor. There are good-faith arguments for the constitutional authority to render judgment on such acts and to impose the future disqualification from federal office.

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JonathanTurley

MARCH 27, 2022

” In modern American politics, it often seems like the only tool is impeachment and every controversy instantly becomes a high crime and misdemeanor. In January, the House won an 8-1 victory before the Supreme Court, which rejected Trump’s privilege objections to the release of White House materials. Kamala Harris and Sen.

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JonathanTurley

JULY 2, 2024

President Joe Biden delivered an address from the White House last night on the presidential immunity decision by the Supreme Court. While pledging that he will defend the rule of law, President Biden misrepresented what that law is in the aftermath of Trump v. United States. That is not true. Sawyer , 343 U.S.

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JonathanTurley

JUNE 24, 2024

Through various contortions, Bragg converted a dead misdemeanor case into 34 felonies in an unprecedented prosecution. New Yorkers and the media insisted that such selective prosecution was in defense of the “rule of law.” This week in the Supreme Court, a glimpse of the legal landscape outside of Manhattan came more sharply into view.

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JonathanTurley

JANUARY 17, 2021

He pulled Formosus out of his tomb, propped him up in court, and convicted him of variety of violations of canon law. As I said in both the Clinton and Trump impeachment hearings, the House is under a duty to impeach if it believes that a president has committed a high crime and misdemeanor.

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JonathanTurley

JUNE 1, 2024

Here is the column: After years of trying — in the words of the judge — “to get the damned rascal in this court,” it was a conviction that many welcomed. But those words were not from Manhattan Supreme Court Justice Juan Merchan, and the conviction was not that of former President Donald Trump. The trial itself was a travesty.

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ClimateChange-ClimateLaw

AUGUST 4, 2021

Washington Supreme Court Said Climate Activist Was Entitled to Present Necessity Defense Based on Evidence that Legal Alternatives Were Not “Truly Reasonable”. The Supreme Court reversed an intermediate appellate court’s decision affirming a superior court determination that the defendant could not present a necessity defense.

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JonathanTurley

SEPTEMBER 8, 2023

Now even law deans have called Supreme Court justices “hacks” to the delight of their followers. Tribe often shows little patience for the niceties of constitutional law or tradition. He has supported the call for packing the Supreme Court as long overdue. Take student loan forgiveness.

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The Estrin Report

MARCH 16, 2025

Judicial Appointments A significant reshaping of the judiciary, particularly to the Supreme Court and federal appellate courts, has reshaped the judiciary. These appointments are already influencing rulings on key areas, including administrative law, corporate litigation, and constitutional law. Oyer declined.

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JonathanTurley

OCTOBER 13, 2024

And the Supreme Court has just granted you super powers — AND immunity! Many of these items could only be fulfilled by knowingly gutting the Constitution and assuming the powers of a monarch. That includes just canceling all student and medical debt in defiance of both the courts and Congress. You’re not done. Sawyer , 343 U.S.

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