JonathanTurley

NOVEMBER 14, 2021

At trial, however, prosecutor Thomas Binger at points seemed to be learning the governing law from Rittenhouse. Criminal laws are supposed to be interpreted narrowly. For example, in 1547, the court was faced with a law making it a felony of steal “Horses, Geldings or Mares.”

Statute 60

Statute Misdemeanor Criminal Law Felony 60

Constitutional Law Reporter

JULY 6, 2023

Section 1028A(a)(1) applies when a defendant, “during and in relation to any [predicate offense, such as healthcare fraud], knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person.” The post SCOTUS Narrows Reach of Identity Fraud Statute appeared first on Constitutional Law Reporter.

Statute 52

Statute Healthcare Court Constitutional Law 52

LLRX

JANUARY 8, 2024

The shocking events of Jan. 6, 2021, signaled a major break from the nonviolent rallies that categorized most major protests over the past few decades. What set Jan. 6 apart was the president of the United States using his cellphone to direct an attack on the Capitol, and those who stormed the Capitol being wired and ready for insurrection.

Legal Research 105

Legal Research Constitutional Law Criminal Law Contract 105

JonathanTurley

MAY 7, 2021

299 (1932), where the Supreme Court held that “where the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one, is whether each provision requires proof of an additional fact which the other does not.” United States , 284 U.S.

Government 59

Government Court Laws Constitutional Law 59

LexForti

JUNE 4, 2021

The sheer origin of Jurisdiction can be claimed to draw its essence from Public International Law, Constitutional law, the conflict of laws and the powers stipulated in the legislative and executive branches of the government to allocate resources in order to adequately serve the needs of the society.

Cause of Action 52

Cause of Action Court Entertainment Constitutional Law 52

JonathanTurley

APRIL 5, 2022

We largely agree on areas of possible reforms, including the potential dangers of registration laws like FARA for free speech and association. Government Affairs Manager, Project On Government Oversight. Program, International Center for Not-For-Profit Law. Here is the panel: Mr. Dylan Hedtler-Gaudette. Mr. Nick Robinson.

Law School 8

Law School Government Laws Legal 8

JonathanTurley

APRIL 18, 2021

If the officer intended to shoot Babbitt, it would not likely meet the standard for a justified shooting under governing cases like Tennessee v. (Babbitt was trying to climb through a broken door in the Speaker’s Lobby as police fought back the mob). Garner (1985).

Legal 75

Legal Legal Laws Constitutional Law 75

JonathanTurley

AUGUST 22, 2021

As I noted earlier , if the officer intended to shoot Babbitt, it would not likely meet the standard for a justified shooting under governing cases like Tennessee v. Not only was there no claim that Babbitt was believed to be armed, but there were officers directly behind her and in front of her at the time. Garner (1985).

Attorney 59

Attorney Laws Government Legal 59

JonathanTurley

JUNE 4, 2021

Once you start as a government to criminalize speech, you end up on a slippery slope of censorship. What constitutes hate speech remains a highly subjective matter and we have seen a steady expansion of prohibited terms and words and gestures.

Laws 59

Laws Government Constitutional Law Criminal Law 59

JonathanTurley

MAY 19, 2021

The “guise of constitutional freedom” is in fact the First Amendment’s protection of unpopular speech. 92, 95 (1972), that the “government has no power to restrict expression because of its message, its ideas, its subject matter, or its content.”. Indeed, Justice Thurgood Marshall famously declared in Police Dep’t of Chi.

Misdemeanor 58

Misdemeanor Statute Laws Court 58

JonathanTurley

SEPTEMBER 9, 2021

The imposition of tort liability on service providers for the communications of others represented, for Congress, simply another form of intrusive government regulation of speech. None of this means, of course, that the original culpable party who posts defamatory messages would escape accountability. 230(b)(5).

Tort 45

Tort Court Compensatory Damages Punitive Damages 45

JonathanTurley

MAY 2, 2021

However, in this instance, the University unequivocally disagrees with the ideas expressed about disrupting UMPD’s daily work.

Misdemeanor 56

Misdemeanor Felony Laws Constitutional Law 56

JonathanTurley

MARCH 20, 2021

Sharma was then informed that he was subject to charges for violating the student government bylaws. First is SBA By-Law 11.2 ” The second is SBA By-Law 11.3 ” The student government then states in a conclusory manner that Sharma was found guilty on both charges and disqualified.

Laws 46

Laws Law School Statute Construction 46

JonathanTurley

MAY 12, 2021

The Supreme Court has made clear that to obtain a conviction for use of “fighting words,” the Government must offer evidence of the “likelihood that the person addressed would make an immediate violent response.” The “guise of constitutional freedom” is in fact the First Amendment’s protection of unpopular speech.

Statute 44

Statute Misdemeanor Court Rules Court 44

JonathanTurley

APRIL 2, 2022

When some people contacted Oberlin to object that the students admitted guilt, special assistant to the president for community and government relations Tita Reed wrote that it did not change a “damn thing” for her. Reed also reportedly participated in the campus protests.

Punitive Damages 44

Punitive Damages Court Misdemeanor Felony 44

JonathanTurley

JANUARY 25, 2024

Supreme Court, Smith focused on the cruel aspects of successive execution attempts — a process that was even more uncertain and stressful with the use of “a novel method of execution that has never been attempted by any state or the federal government.” ” It failed after a petition to Justice Clarence Thomas.

Court 34

Court Government Legal Legal 34

SCOTUSBlog

JUNE 26, 2023

To avoid that result, the majority interpreted “encourage or induce” to be terms of art that Congress used in a specialized, criminal-law sense — that is, as covering only what falls within the established common-law crimes of solicitation and facilitation. while knowing that is unlawful.

Immigration 100

Immigration Court Statute Criminal Law 100

JonathanTurley

DECEMBER 1, 2024

It appears that, while the liberal Scholz government may be near collapse, irony is still thriving in Germany. If true, this would seem a major story in using criminal laws to police parodies. The country fined YouTube in an effort to force the company to remove views that the government considers disinformation on COVID-19.

Government 73

Government Criminal Law Laws Court 73

JonathanTurley

JULY 24, 2021

While the government can encourage criminal conspirators, the courts ask whether the offense was induced by a government agent and whether “the defendant was disposed to commit the criminal act prior to first being approached by Government agents.” The advantage remains with the government in this case.

Government 60

Government Court Laws Court Rules 60

JonathanTurley

JUNE 27, 2023

” (He did not explain why a message legally acquired by the government from the cloud account of his client would be illegal to include in the report of a congressional investigatory committee.) His lawyer, Chris Clark, first insisted that the release of the messages “are not only irresponsible, they are illegal.”

Felony 59

Felony Lawyer Lawyers Law School 59

JonathanTurley

MARCH 28, 2024

In the 2-1 opinion , Chief Judge Priscilla Richman upheld the district court’s preliminary injunction, but it is effectively a ruling on the merits since it had to concluded a substantial likelihood of prevailing on the merits to rule in favor of the federal government.

Immigration 70

Immigration Government Laws Court 70

JonathanTurley

FEBRUARY 6, 2023

” I particularly liked this observation from the court about reading discretion into the amendment to bar those deemed untrustworthy by the government: [I]t would be odd indeed for the Framers to have incorporated such a trojan horse into the Second Amendment.

Felony 58

Felony Court Laws Government 58

Conflict of Laws

AUGUST 15, 2024

The book is particularly notable for its observation—citing Professor Robert McCorquodale—that FDL claims intersect with various fields of law, such as domestic criminal law, tort law, contract law, human rights and constitutional law, comparative law, public international law, and private international law.

Tort 64

Tort Litigating Litigation Court 64

JonathanTurley

JUNE 9, 2023

The California provision states that kidnapping involves someone who “abducts or takes by force or fraud any person contrary to the law of the place where that act is committed, and brings, sends, or conveys that person within the limits of this state.” state once they are released by the federal government.

Laws 55

Laws Misdemeanor Attorney Felony 55

JonathanTurley

AUGUST 11, 2021

However, the federal lawsuit primarily hit the House rule on the meaning and limits governing “arrests.” Reasonable people can disagree but he had an express constitutional provision supporting his position. That is clear legal authority. It may not be dispositive authority according to these Democratic members.

Court 59

Court Court Decisions Legal Legal 59

JonathanTurley

JANUARY 8, 2023

The majority further explained: The Government’s regulation violates these principles. As an initial matter, it purports to allow ATF—rather than Congress—to set forth the scope of criminal prohibitions. First, Chevron does not apply for the simple reason that the Government does not ask us to apply it. Guedes, 920 F.3d

Statute 55

Statute Criminal Law Court Government 55

JonathanTurley

JUNE 16, 2021

Few people dispute that the federal government has a legitimate interest, if not an obligation, to investigate the leak of classified or sensitive information. These leaks are criminal acts under federal law. The government often knows the recipients just by looking at the signature on the items. But what is a journalist?

Government 50

Government Constitutional Law Criminal Law Laws 50

JonathanTurley

APRIL 20, 2024

But the government cannot escape First Amendment scrutiny simply because its actions “can somehow be described as a burden rather than outright suppression.” ” As such, it “is a form of content discrimination, generally forbidden in a traditional or designated public forum.” ” ….

Government 62

Government Court Constitutional Law Criminal Law 62

JonathanTurley

DECEMBER 9, 2022

Some of us have been raising concerns over Twitter’s massive censorship system for years, including what I called the emergence of a “ shadow state ” where corporations carry out censorship the Constitution bars the government from doing. Elizabeth Warren (D-Mass.)

Legal 59

Legal Legal Law School Government 59

JonathanTurley

APRIL 7, 2024

That alleged transgression, however, pales in comparison to a failure to protect the rights of this defendant from the abusive or unsupported surveillance of the government. He could reissue the order in compliance with the precedent, but will have to establish a record and rationale for allowing the government to conduct this search.

Government 87

Government Court Litigation Litigating 87

LLRX

DECEMBER 26, 2022

Claire Leavitt , Assistant Professor of Government, Smith College, presents an overview of the broad investigative powers of the Congress from the 1920s to the present. 6, 2021 fell squarely within Congress’ power, and added a new chapter to a centuries-long history of congressional investigations into government scandals and failures.

Government 105

Government Legal Research Constitutional Law Criminal Law 105

JonathanTurley

JANUARY 14, 2021

Notably, while clearly dismissing on the exclusion of legislative officers from impeachment procedures, the Senate did not question seriously that the underlying conduct would have been worthy of impeachment despite the fact that the conduct was not viewed as violating any senatorial duty or criminal law.

Misdemeanor 46

Misdemeanor Criminal Law Contract Laws 46

JonathanTurley

SEPTEMBER 22, 2022

While the government must show a knowing violation (as opposed to classified status), the Trump team has repeatedly declined to produce evidence of such a written or oral order, including any declaration from Trump or staff on such a decision. government with a constitutional Jedi-like power. I declassified everything.”.

Court 49

Court Lawyer Lawyers Government 49

JonathanTurley

JUNE 3, 2021

government of Mayor Muriel Bowser , who condemned the federal government for its clearing of the area and alleged use of tear gas. government. The federal government has maintained that it used pepper balls. The federal government still apparently denies using tear gas.

Government 87

Government Legal Legal Lawyer 87

JonathanTurley

APRIL 26, 2024

With cliffs to the left and the right, the justices are looking at a free-fall dive into the scope of constitutional and criminal law as they apply to presidential conduct. It was effectively a “Trust us, we’re the government” assurance. Alvin Bragg is the very personification of the danger immunity is meant to avoid.

Criminal Law 86

Criminal Law Court Court Rules Attorney 86

Above The Law

MARCH 7, 2025

Her questions aimed to gather perspectives on the potential unintended consequences of applying older laws to new technologies, indicating she may be cautious about overreaching interpretations that could criminalize lawful conduct. In two examples above, Grants Pass and Trump v. Find him on Twitter: @AdamSFeldman.

Constitutional Law 77

Constitutional Law Laws Statute Legal 77

JonathanTurley

AUGUST 31, 2022

Critically, however, the former President’s counsel explicitly prohibited government personnel from opening or looking inside any of the boxes that remained in the storage room, giving no opportunity for the government to confirm that no documents with classification markings remained.” However, that is the point.

Government 59

Government Court Litigation Litigating 59