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Jonathan Turley

Swalwell: Failing To Turn Over Documents Is Proof Of Guilt


Rep. Eric Swalwell, D-Calif., has made sensational statements into a signature style over the last couple years. However, this week Swalwell appears to be contesting the touchstone of due process: the presumption of innocence. On Tuesday, Swalwell declared that, President Donald Trump refuses to give Congress the documents and witnesses that it has demanded, he is clearly guilty of all charged offenses. Swalwell declared “We can only conclude that you’re guilty.” Trump has gone to the courts to challenge the demands under presidential immunities and privileges.
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Leaving Half The Country Behind: Poll Shows Majority Now Opposes Impeachment


During the testimony last week, I expressed various concerns with the artificially short period allowed for the impeachment investigation due to the Democratic pledge to impeach President Donald Trump by Christmas. Not only will that abbreviated period leave a thin and incomplete record, but it will leave “half of this country behind.” That appears to be exactly the right estimate. A new Monmouth poll shows that 50 percent of the country now opposes impeachment. The polling in some swing states is even worse. In other words, this impeachment is playing to the Democratic base and little beyond it — precisely what Speaker Nancy Pelosi pledged that she would not allow to happen.
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“So You Write Propaganda, Right?”: Journalist Files Complaint Against Customs and Border Protection


There has been a disturbing trend of complaints from journalists who allege that they were harassed entering the country by CBP officers about their coverage of President Donald Trump and related issues. The latest complaint is particularly egregious if true. Journalist Ben Wilson says that he was forced to admit that he “writes propaganda” to gain entry back into the country. The encounter, which is presumably on tape, is chilling in its lack of professionalism and abuse.
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Report: Chapel Hill Police Chief Ordered Officers To Stay Back As Protesters Tore Down Confederate Statue

We recently discussed the latest destruction of a statue in North Carolina and I expressed my skepticism over the inaction of police as well as the absence of significant arrests for a crime committed openly in public while surrounded by officers.  Now, WRAL-TV obtained text messages and emails that showed Chapel Hill Police Chief Chris Blue actually ordered his officers to back off as protesters were destroying a century-old statue.

The destruction of the Confederate monument known as “Silent Sam” followed a familiar pattern. Earlier this year, I was critical of the handling of the prosecution of various protesters in North Carolina who torn down a statue in public and then celebrated their criminal acts in broad daylight. Because the statue of a civil war memorial, the act of property destruction was condoned by many and Durham District Attorney Roger Echols caved to the pressure in dropping all charges against everyone.  It was effective immunity for a popular criminal act — a dangerous concept in any legal system.
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Former FEC Chair Calls For Crackdown on “Disinformation” In Internet In Major Threat To Free Speech

In one of the most reckless and chilling attacks on free speech, the former chair of the Federal Election Commission (FEC) and Berkeley lecturer Ann Ravel is pushing for a federal crackdown on “disinformation” on the Internet — a term that she conspicuously fails to concretely define. Ravel is pushing a proposal that she laid out in a a paper co-author with Abby K. Wood, an associate professor at the University of Southern California, and Irina Dykhne, a student at USC Gould School of Law. To combat “fake news,” Ravel and her co-authors would undermine the use of the Internet as a forum for free speech.  The regulation would include the targeting of people who share stories deemed fake or disinformation by government regulators. The irony is that such figures are decrying Russian interference with our system and responding by curtailing free speech — something Vladimir Putin would certainly applaud.
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Trump Administration Demands Information On Over A Million Visitors To Anti-Trump Website

A web host called “DreamHost” has gone to court to challenge a demand from the Trump Administration for information on more than 1 million visitors to an anti-Trump website. The demand would covered 1.3 million IP addresses and raises highly troubling free speech and associational concerns. At a minimum, the demand appears wildly too broad and could easily chill political speech for those who oppose this Administration.
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Did Comey Violate Laws In Leaking The Trump Memo?

One of the most interesting new disclosures today in the Comey hearing was the admission by former FBI Director James Comey that he intentionally used a “friend” on the Columbia law faculty to leak his memos to the media.  Comey says that he did so to force the appointment of a Special Counsel. However, those memos could be viewed as a government record and potential evidence in a criminal investigation.

Notably, Columbia Law School Professor Daniel Richman on a faculty webpage reads that he is “currently an adviser to FBI Director James B. Comey.” Richman specializes in criminal law and criminal procedure.

The problem is that Comey’s description of his use of an FBI computer to create memoranda to file suggests that these are arguably government documents.  Comey admitted that he thought he raised the issue with his staff and recognized that they might be needed by the Department or Congress.  They read like a type of field 302 form, which are core investigatory documents.
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Trump Fires FBI Director James Comey

President Trump fired FBI Director James Comey this evening in a surprise move. Various politicians and the media have openly referred to the act as “Nixonian” and “another Saturday Night Massacre.”  I have previously stated how the Saturday Day Massacre has been misrepresented. I also do not agree with Jeff Toobin on CNN tonight that the decision was clearly due to the fact that Comey’s investigation was getting “too close” to President Trump. I agree that the timing is concerning and legitimately questioned. However, the Administration may also have waited for the Deputy Attorney General to be confirmed to allow a career prosecutor to review the matter and to concur with the decision.
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Rand Paul Calls For Congress To Demand War Powers Authorization . . . John McCain Says Paul Is 'Wrong' and Alone In The Senate

I have been discussing how the Congress is again willfully ignoring its constitutional duty on the declaration of war as our intervention in Syria expands.  Democratic leaders like Nancy Pelosi and Chuck Schumer have fallen over each other to praise the attacks even though Congress never authorized the action. Hillary Clinton was calling for attacks in Syria just hours before the attack, as she did in Iraq, Libya and other past conflicts.  The United States just attacked a foreign nation that had not attacked the United States.  It was done with little consultation and no authorization from Congress.

However, as with prior wars, the attacks remain politically popular so Congress is silent with the exception of a few members like Sen. Rand Paul.  Sen. John McCain (R-Ariz.) however has gone further to denounce Paul as simply “wrong” and virtually mock him as a nonentity in calling for such congressional authority.  He is alone in the Senate, McCain insisted, in his demand that Congress fulfill its Article I duties. It is a sad moment for those who believe in a textualist or formalist approach to constitutional powers.  All of those textualists who proudly embraced Neil Gorsuch are now apparently living constitutionalists as the subject turns to yet another war.
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EU Chief Blasts The Very Notion Of National Borders In The Latest Call For Globalism

For years, European Union advocates denied allegations that they were trying to erase national borders and create a single country with a shared military. Then recently proposals for a single military emerged — just before Britain left the EU. One of the most effective criticisms made against the EU before Brexit was to challenge voters to actually name the people in charge of the EU and policies affecting their lives. Now, the head of the EU has gone out of his way to confirm the worst suspicions of critics. The much-maligned EU chief Jean-Claude Juncker has publicly denounced the very concept of national borders as the “worst invention ever.
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