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Jonathan Turley

Little Brother Or Big Brother: The Public Applauds As Free Speech Dies On The Internet

Tuesday June 2, 2020

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President Donald Trump’s executive order on social media has left more questions than answers on the ability of the government to regulate companies like Twitter. However, one thing is abundantly clear: the loser in this fight will be free speech. Indeed, the striking thing about this controversy is neither the Democrats nor the Republicans are actually advocating for free speech, just different forms of speech controls. Civil libertarians are faced with the “choice” offered by Henry Ford on colors for the Model T Ford “any color … so long as it is black.” In some ways, Trump and Twitter are offering a similar choice on the new model for free speech: Americans can chose between government censorship and private censorship.

The heart of the executive order is Section 230 of the Communications Decency Act. The 1996 legislation signed into law by President Bill Clinton was largely an attempt to regulate pornography and struck down in significant part as unconstitutional. Section 230, however, survived and grants any “interactive computer service” (including Internet and social media companies) immunity from most lawsuits over content posted by users. Courts have interpreted the provision to give sweeping immunity for companies like Twitter and Facebook because they simply supply a forum for others to express themselves.
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'I Didn’t Know Anything': Former Obama Official Criticized After Classified Testimony Contradicts Her Public Statements

Monday May 11, 2020

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The long-delayed release of testimony from the House Intelligence Committee has proved embarrassing for a variety of former Obama officials who have been extensively quoted on the allegedly strong evidence of collusion by the Trump campaign and the Russians. Figures like James Clapper, who is a CNN expert, long indicated hat the evidence from the Obama Administration was strong and alarming. However, in testimony, Clapper denied seeing any such evidence. 

One of the most embarrassing is the testimony of  Evelyn Farkas, a former Obama Administration official who was widely quoted in her plea to Congress to gather the evidence that she knew was found in by the Obama Administration. In her testimony under oath Farkas repeatedly stated that she knew of no such evidence of collusion.

Farkas, who served as the deputy assistant secretary of Defense for Russia/Ukraine/Eurasia, was widely quoted when she said on MSNBC in 2017 that she feared that evidence she knew about would be destroyed by the Trump Administration.  She stated...
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The Justice Department Drops Flynn Case

Friday May 8, 2020

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Over a week ago, I wrote a column calling for the Justice Department to drop its case against former National Security Adviser Michael Flynn. I have long been a critic of the case but the new evidence undermined not just the legitimacy of the prosecution but of the Justice Department itself. The Justice Department just moved to dismiss the case, a belated but commendable decision. The Flynn case represents one of the most ignoble chapters of the Special Counsel investigation. Notably, the motion itself could lay the foundation for suing on the basis of malicious prosecution.

While Judge Emmet Sullivan could dismiss the charges on the papers (an unopposed motion), I would expect a hearing to be called. There is a great irony here. Sullivan’s last hearing on sentencing led to controversial statements from the bench and a delay in sentencing that resulted in an easier path to dismissal.

James Comey tweeted that “DOJ has lost its way.” Given what this motion and the new evidence says about Comey’s own conduct, I would hope so if Comey is referring to his way of running the DOJ. Comey is implicated in this ignoble effort to bag a Trump official at any cost.

In the motion below, the Justice Department stresses that “the citizen’s safety lies in the prosecutor who … seeks truth and not victims, who serves the law and not factional purposes, and who approaches [the] task with humility.” It also establishes that there was never a satisfaction of the materiality element to the criminal allegation...
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'You Will See Darkness': Meltdown of Rep. Haley Stevens Shows How Hysteria Can Be Fueled By Politicians

Saturday March 28, 2020

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The controversial speech of Rep. Haley Stevens, D-Mich., on the floor of the House of Representatives shows how members can fuel rather than fight hysteria and panic. The incredible scene was played out as the very task force members who she referenced are trying to rebut some alarmist predictions and estimates. Much of the nation is sheltering in place. We get it. However, Rep. Stevens seems intent on elevating not the discussion but the volume of the national discourse.

What was most notable is that Stevens was not saying anything particularly new . . . just saying it louder. Indeed, the Democratic Majority Whip was trying to give her the added 30 seconds that she had asked, but she was yelling over his voice.

Everyone is supporting our health care workers and “taking the disease seriously.” As for “you will see darkness," we could all use a bit more light from our elected officials. Once the yelling ended, Grandpa Abe Simpson seemed to have more a hold of himself in his prophesy scene.
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Court Finally Releases Chelsea Manning After Suicide Attempt

Friday March 13, 2020

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I have previously objected to how the Justice Department uses grand juries to punish certain individuals who refuse to cooperate with federal investigations. This concern was heightened during my representation of Dr. Sami Al-Arian who signed a plea bargain with the understanding that, after serving his time, he would be allowed to leave the country. Instead, he was forced before a grand jury and remained in jail for years as a matter of contempt.
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The Death Of Free Speech: Zuckerberg Asks Governments For Instructions On 'What Discourse Should Be Allowed'

Tuesday February 18, 2020

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I have written for years on the effort of European countries to expand their crackdown on free speech globally through restrictions on social media and Internet speech. It appears that Facebook chief executive Mark Zuckerberg has relented in what may prove the death knell for free speech in the West. Zuckerberg seems to relent in asking governments for regulations stipulating what speech will be permitted on Facebook and other platforms. It is the ultimate victory of France, Germany, and England in their continuing attack on free expression though hate speech laws and speech regulation.

Zuckerberg told an assembly of Western leaders Saturday at the Munich Security Conference that “There should be more guidance and regulation from the states on basically — take political advertising as an example — what discourse should be allowed?” He did add: “Or, on the balance of free expression and some things that people call harmful expression, where do you draw the line?” The problem is that his comments were received as accepting that government will now dictate the range of free speech. What is missing is the bright line rule long maintained by the free speech community.

As tragically demonstrated in France, Germany, and the United Kingdom, speech regulations inevitably expand with time. The desire to silence one’s critics becomes insatiable for both governments and individuals.
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The Supers Are Back: DNC Members Planning Move To Block Sanders . . . Again

Monday February 3, 2020

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In 2016, many of us objected to the concerted effect of the Democratic establishment and the Democratic National Committee to rig the primary for Hillary Clinton. Later it was revealed that the Clintons have largely taken over the DNC by taking over its debt and the DNC openly harassed and hampered Sanders at every stage. Despite this effort, Sanders came close to beating Clinton, who has never forgiven him for contesting a primary that she literally bought and paid for with the DNC. The simmering rage was still evident recently in Clinton’s attack on Sanders and suggestion that she might not support him if he were the nominee (a suggestion that she later took back). She continued her attacks this week and it has served to remind voters, particularly younger voters, of the DNC interference with the primary election. 

After the scandal, the DNC pledged to reform itself and reduce the power of establishment figures and superdelegates at the convention. Now, however, Politico is reporting that DNC members are again discussing changing the rules to stop Sanders. This follows the selection of Clinton allies to control the convention and a shocking level of anti-Sanders bias shown by CNN at the last debate. In the meantime, the DNC has been criticized for clearing the way for Michael Bloomberg by changing its rules to help him make the debates.

Reportedly, a group of Democratic National Committee members are discussing ways to undermine Sanders and allow for a convention stop on his candidacy. The plan centers around the superdelegates to reverse reforms and allow them to vote on the first ballot. In other words, the supers would be brought back in to keep Sanders out.
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'If I Have To Fight For Recognition, I Will': Paul and Roberts On Collision Course Over Whistleblower Questions

Thursday January 30, 2020

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Yesterday’s question and answer period was a largely choreographed exercise with legal teams spontaneously responding to questions with preset video clips and visual displays. However, there was one major but largely overlooked moment that raises some serious issues over the authority of the presiding officer vis-a-vis the Senate. In the midst of the questions, Roberts spiked a question from Sen. Rand Paul (R, Ky). It concerned the whistleblower and the underlying legal premise for barring the question could prove controversial today. UPDATE: Roberts again refused to read the question of Sen. Paul.
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'No One Has Suggested My Son Did Anything Wrong': Joe Biden Doubles Down On Denial

Saturday January 25, 2020

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We have previously discussed the denials of former Vice President Joe Biden that his son did anything wrong in Ukraine. As I have written, not only did Hunter Biden clearly enter into a corrupt (but arguably lawful) contract but Joe Biden did not do enough to confirm that his son was not engaging in influence peddling. Nevertheless, this week, Joe Biden continued this indefensible position and declared bizarrely that “no one has suggested my son did anything wrong.”

According to the Washington Post, Joe Biden declared on the campaign trail that “There’s nobody that’s indicated there’s a single solitary thing that he did that was inappropriate, wrong … or anything other than the appearance. It looked bad that he was there.” He then curiously added “He acknowledges that he in fact made a mistake going on the board.” So, in other words, he did nothing wrong but he apologized for it.

Joe Biden continues to maintain that “no one” has accused his son of wrongdoing when there is a chorus of such allegations. He seems to be drawing a distinction between what is criminal and what is not — as if the criminal code is the only measure of wrongdoing or unethical conduct.

Hunter Biden not only clearly engaged in influence peddling but he is clearly a relevant witness.
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Democrats Drop Bribery and Other Crimes In Favor Of A Two-Article Impeachment

Tuesday December 10, 2019

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The Democratic leadership announced today that it has decided that President Donald Trump will be accused of just two articles of impeachment: abuse of power and obstruction of Congress. I commend the Committee in dropping the previous claims of bribery, extortion, campaign finance and obstruction of justice. While my fellow witnesses made good-faith arguments for those articles, my testimony primarily focused on the legal and constitutional flaws in claiming those criminal acts.
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