Constitutional Law Reporter

MARCH 1, 2021

California , which involves whether police pursuits for misdemeanors justify a warrantless entry, an issue which has divided the lower courts. However, the Supreme Court’s exigent circumstances precedents have not yet addressed pursuits involving suspected misdemeanors, which are by far the most common basis for arrest.

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Misdemeanor Court Immigration Constitutional Law 52

JonathanTurley

JANUARY 8, 2022

” He would make such comments a gross misdemeanor subject to incarceration. Such a criminal law would be ripe for abuse and would create a chilling effect that would be positively glacial. We have seen other Democratic leaders use the criminal process in similarly reckless fashions. What does that even mean? 6th insurrection.”

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Misdemeanor Criminal Law Laws Court 59

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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Misdemeanor Attorney Felony Constitutional Law 50

JonathanTurley

JUNE 25, 2023

He will plead guilty to two minor misdemeanor tax counts and a phantom felony count that will go away in time. He will declare himself guilty so the media and the political establishment can declare the scandal to be a closed matter: Nothing more to see here, other than a plea to a couple misdemeanors.

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Misdemeanor Felony Law School Constitutional Law 59

JonathanTurley

NOVEMBER 14, 2021

In covering the motions hearing last week in the trial of Kyle Rittenhouse, I noted a surprising comment from Judge Bruce Schroeder that he had “spent hours” with the Wisconsin gun law and could not state with certainty what it means in this case. ” Under Section 948.60(2)(a) ” That makes Rittenhouse guilty, right?

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Statute Misdemeanor Criminal Law Felony 59

JonathanTurley

JUNE 7, 2023

However, when Range pleaded guilty in 1995, his conviction was classified as a Pennsylvania misdemeanor punishable by up to five years’ imprisonment. When his wife recently bought him a deer-hunting rifle, he learned that he was barred under federal law. That triggered the federal ban.

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Laws Misdemeanor Felony Statute 58

JonathanTurley

NOVEMBER 15, 2021

Rittenhouse is facing six charges that range from first-degree homicide to a misdemeanor of being a minor in possession of a dangerous weapon. At this stage, the prosecution may celebrate even a misdemeanor conviction. It is either the product of systemic errors or systemic racism. Prosecution’s bumpy start, and finish.

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Court Misdemeanor Legal Legal 59

JonathanTurley

OCTOBER 17, 2022

She was less specific on the details: “It could be a felony , it could be a misdemeanor, but we know that CPS charge could harm your employment, could harm their education, because nowadays many people do a CPS database search before offering employment.”

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Misdemeanor Education Felony Criminal Law 59

JonathanTurley

MAY 19, 2021

Here is what the provision states: “Any person who, by his advertisement, ridicules or holds up to contempt any person or class of persons, on account of the creed, religion, color, denomination, nationality or race of such person or class of persons, shall be guilty of a class D misdemeanor.”

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JonathanTurley

JUNE 9, 2023

It reportedly includes claims of felony and misdemeanor charges of unlawful restraint, but didn’t name individual suspects. 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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Laws Misdemeanor Attorney Felony 52

JonathanTurley

MAY 12, 2021

” However, the appellate panel corrected noted that such laws are narrowly construed in light of controlling precedent. Bartow was charged under Virginia Code § 18.2-416,

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JonathanTurley

MAY 2, 2021

Misdemeanor offenses. Gross misdemeanor offenses. At a minimum, the school should establish that calling for such harassment is a violation of the student code and that such conduct will not be tolerated in any student, including Meyers. Here is the underlying criminal provision: 609.78 EMERGENCY TELEPHONE CALLS AND COMMUNICATIONS.

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Misdemeanor Felony Laws Constitutional Law 53

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. Some states have moved to penalize those who do not call police.

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Tort Misdemeanor Legal Legal 56

JonathanTurley

JULY 13, 2023

Attorney’s Office for the Northern District of Ohio charged Durant with a “federal misdemeanor charge under the Freedom of Access to Clinic Entrances (FACE) Act.” The most recent is a student at Bowling Green State University named Whitney Durant, who reportedly had a history of extremist conduct at the school before her arrest.

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Misdemeanor Education Constitutional Law Criminal Law 48

JonathanTurley

APRIL 2, 2022

Aladin was charged with robbery, which is a second degree felony, and Whettstone and Lawrence were charged with first degree misdemeanor assault. 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

APRIL 1, 2024

He then used the mailing to have the sisters re-arrested for a federal misdemeanor for the interstate mailing. After they defied him and continued to publish, he went to Connecticut to mail copies of the paper to an alias. When supporters bailed them out, he had them arrested again.

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Laws Misdemeanor Law School Court 39

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. Whatever interest — or ability — remains to prosecute Hunter Biden, Congress has a separate duty to confirm any high crimes and misdemeanors committed by President Biden.

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Misdemeanor Attorney Statute Felony 59

JonathanTurley

SEPTEMBER 27, 2021

The appellate court ruled that the 2017 law unconstitutionally restricted “freedom of speech” by classifying “willful and repeated” misgendering and deadnaming as a misdemeanor punishable by a fine of up to $2,500 or imprisonment of up to 180 days.

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Court Rules Misdemeanor Court Education 55

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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Tort Misdemeanor Criminal Law Constitutional Law 55

JonathanTurley

FEBRUARY 9, 2021

It does not change my view of the meaning of high crimes or misdemeanors. I have become more textualist in that sense, but I am neither an originalist nor a strict textualist. I have discussed the trend in my writings over the last three decades. This is only a question of the jurisdiction of the Senate.

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Misdemeanor Laws Government Constitutional Law 55

JonathanTurley

JANUARY 29, 2021

The expectation was that the vote of high crimes and misdemeanors would not be a simply conclusory vote but supported in some form to meet the constitutional standard. Early impeachments were handled in a very different Congress where evidentiary hearings were not common as they are today.

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Misdemeanor Constitutional Law Laws Legal 65

JonathanTurley

MAY 16, 2022

GW Law, for example, has a tenured professor who is without question well versed in constitutional law but has recently made a name for himself on cable news and social media by undermining his own past well documented scholarship. ” I repeatedly made the same point in my oral testimony.

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Law School Misdemeanor Laws Finance 59

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. … 7.

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Misdemeanor Criminal Law Contract Laws 42

JonathanTurley

DECEMBER 7, 2020

One of the longest standing debates in constitutional law is dismissed as ill-informed by some of the same experts. After host Lawrence O’Donnell said he believed a president could give himself a pardon, Tribe proclaimed such a view is “incoherent and incompatible” as a constitutional matter.

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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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Legal Legal Misdemeanor Constitutional Law 211

JonathanTurley

JANUARY 22, 2021

Article II contains the key impeachment provision and standard, stating “The President , Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason , Bribery , or other high Crimes and Misdemeanors.”

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Misdemeanor Constitutional Law Laws 59

JonathanTurley

JANUARY 18, 2021

Indeed, I have found over these decades that departures from the language of the Constitution has often produced greater dangers and costs. It does not change my view of the meaning of high crime or misdemeanors. I have become more textualist in that sense, but I am neither an originalist nor a strict textualist.

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Misdemeanor Legal Legal Felony 57

JonathanTurley

JUNE 11, 2025

The only way to get beyond the passage of the statute of limitations on the dead misdemeanor for falsifying business records had been to allege that the bookkeeping violation in question occurred to conceal another crime. Bragg did not bother to state clearly what that crime was, originally alluding to four different crimes.

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Misdemeanor Court Statute Attorney 37

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). She was still sentenced to two months in jail, three years of probation and a $500 fine to be paid into a fund.

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Court Misdemeanor Litigating Litigation 65

JonathanTurley

JULY 2, 2024

There are also a host of checks and balances on executive authority in our constitutional system. This includes judicial intervention to prevent violations of the law as well as impeachment for high crimes and misdemeanors. President Biden’s hyper-ventilated response is crushingly ironic.

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Court Misdemeanor Attorney Laws 87

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.” Bragg did not bother to state clearly what that crime was, originally alluding to four different crimes.

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JonathanTurley

JUNE 1, 2024

The charges were built on a dead misdemeanor barred with the passage of the statute of limitations. The trial itself was a travesty. Even after sitting in the courtroom watching the trial and the verdict, I still have no idea what Trump was convicted of in the case.

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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. In my view, all of those things are manifestly true. That is a slippery slope that we would be wise to avoid.

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Misdemeanor Immigration Tort Laws 56

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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Constitutional Law Misdemeanor Calendaring Law School 56

JonathanTurley

SEPTEMBER 8, 2023

Tribe often shows little patience for the niceties of constitutional law or tradition. Even though a federal court and even Democrats admitted that Clinton committed the crime of perjury, Tribe assured Democrats that it fell entirely outside of the constitutional standard of a high crime and misdemeanor.

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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. It is often said that “if the only tool you have is a hammer, every problem looks like a nail.” Donald Trump was impeached not once but twice. Kamala Harris and Sen.

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Misdemeanor Legal Legal Court 64

JonathanTurley

JANUARY 26, 2022

There would be no impulse-buy removals under the Constitution. Instead, the House of Representatives would have to impeach and the Senate convict (by two-thirds vote) based on “Treason, Bribery, or other high Crimes or Misdemeanors.”. However, those judgments have not been deemed high crimes and misdemeanors.

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