Jonathan Turley Testimony Transcript
Total Page：16
File Type：pdf, Size：1020Kb
Load more
Recommended publications
-
Reflections on Murder, Misdemeanors, and Madison Jonathan Turley
Hofstra Law Review Volume 28 | Issue 2 Article 6 1999 Reflections on Murder, Misdemeanors, and Madison Jonathan Turley Follow this and additional works at: http://scholarlycommons.law.hofstra.edu/hlr Part of the Law Commons Recommended Citation Turley, Jonathan (1999) "Reflections on Murder, Misdemeanors, and Madison," Hofstra Law Review: Vol. 28: Iss. 2, Article 6. Available at: http://scholarlycommons.law.hofstra.edu/hlr/vol28/iss2/6 This document is brought to you for free and open access by Scholarly Commons at Hofstra Law. It has been accepted for inclusion in Hofstra Law Review by an authorized administrator of Scholarly Commons at Hofstra Law. For more information, please contact [email protected]. Turley: Reflections on Murder, Misdemeanors, and Madison REFLECTIONS ON MURDER, MISDEMEANORS, AND MADISON Jonathan Turley* I. INTRODUCTION Few crimes seem to concentrate the mind more than simple mur- der. Certainly, murder was on the minds of many of the academics testi- fying in the Clinton impeachment hearing While this offense was never seriously alleged during the scandal, it was very much a concern for academics advocating the "executive function theory. 2 Under this theory, a President could only be impeached for acts related to his of- fice, as opposed to purely personal acts.' Since the impeachment of President Clinton raised matters arguably related to his personal mis- conduct, various academics insisted that the allegations fell outside of * J.B. and Maurice C. Shapiro Professor of Public Interest Law at George Washington University of Law School. 1. See Background and History of Impeachment: Hearing Before the Subcomm. on the Constitutionof the House Comm. -
Interrogation's Law
THEYAEAW JOUNA WILLIAM RANNEY LEVI Interrogation's Law ABSTRACT. Conventional wisdom states that recent U.S. authorization of coercive interrogation techniques, and the legal decisions that sanctioned them, constitute a dramatic break with the past. This is false. U.S. interrogation policy well prior to 9/11 has allowed a great deal more flexibility than the high-minded legal prohibitions of coercive tactics would suggest: all interrogation methods allegedly authorized since 9/11, with the possible exception of waterboarding, have been authorized before. The conventional wisdom thus elides an intrinsic characteristic of all former and current laws on interrogation: they are vague and contestable, and thus, when context so demands, manipulable. A U TH O R. Yale Law School, J.D. expected 2oo; Stanford University, B.A. 2006. Three individuals were central to the development of this project. Jack L. Goldsmith offered invaluable guidance from the beginning; I could not ask for a better mentor. Owen M. Fiss graciously supported this project, providing thoughtful comments and helpful criticism. Harold H. Koh consulted and advised throughout; I am immensely grateful for his encouragement. I am thankful to Mariano-Florentino Cullar, Jeremy M. Licht, Martin S. Lederman, David F. Levi, and Benjamin Wittes. This Note was completed before the Justice Department released four additional memoranda on April 16, 2009. 1434 NOTE CONTENTS INTRODUCTION 1436 1. THE LAW'S LATITUDE: SEPTEMBER 11, 2001 TO THE PRESENT 1442 A. Law and Interrogation: The Central Intelligence Agency 1443 1. The Torture Statute 1444 2. The Fifth Amendment 1448 3. Hamdan v. Rumsfeld and the Military Commissions Act 1452 B. -
Full Article
087 OUELLETTE 2/28/2013 3:24 PM HEALTH REFORM AND THE SUPREME COURT: THE ACA SURVIVES THE BATTLE OF THE BROCCOLI AND FORTIFIES ITSELF AGAINST FUTURE FATAL ATTACK Alicia Ouellette* The single most important legal development in health law in 2012 was the Supreme Court‘s June 28 decision upholding the Patient Protection and Affordable Care Act (―ACA‖) against a surprisingly strong constitutional challenge.1 The decision in National Federation of Independent Business v. Sebelius (―NFIB‖)2 forever altered the scope of federal congressional power. Specifically, it diminished the authority of Congress under the Commerce and Spending Clauses and stretched its authority under the Taxing Clause.3 The implications of the decision with respect to both health reform, and congressional power more generally, will only be known with the passage of time.4 What the decision did * Associate Dean and Professor of Law, Albany Law School. Many thanks to Michelle Mallette for her excellent research and assistance in preparation of this article, and Kanika Johar, Mary D‘Agostino, and the rest of the Albany Law Review for their patience and editorial support. 1 The overwhelming majority of constitutional and health law scholars dismissed as without merit the Commerce and Spending Clause challenges brought against the law based on almost a hundred years of precedent. See Constitutionality of Health Care Law „Unambiguous,‟ Say More than 100 Leading Scholars, AM. CONST. SOC‘Y (Jan. 18, 2011) [hereinafter Constitutionality], http://www.acslaw.org/acsblog/constitutionality-of-health-care- law-‘unambiguous‘-say-more-than-100-leading-scholars (listing the almost one-hundred-thirty legal scholars supporting the constitutionality of the Affordable Care Act). -
The National Emergencies Act of 1976 Hearing Committee on the Judiciary House of Representatives
THE NATIONAL EMERGENCIES ACT OF 1976 HEARING BEFORE THE SUBCOMMITTEE ON THE CONSTITUTION, CIVIL RIGHTS, AND CIVIL LIBERTIES OF THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES ONE HUNDRED SIXTEENTH CONGRESS FIRST SESSION FEBRUARY 28, 2019 Serial No. 116–5 Printed for the use of the Committee on the Judiciary ( Available http://judiciary.house.gov or www.govinfo.gov U.S. GOVERNMENT PUBLISHING OFFICE 37–840 WASHINGTON : 2019 VerDate Sep 11 2014 04:06 Oct 12, 2019 Jkt 037840 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 E:\HR\OC\B840.XXX B840 dlhill on DSKBBY8HB2PROD with HEARING COMMITTEE ON THE JUDICIARY JERROLD NADLER, New York, Chairman ZOE LOFGREN, California DOUG COLLINS, Georgia, SHEILA JACKSON LEE, Texas Ranking Member STEVE COHEN, Tennessee F. JAMES SENSENBRENNER, JR., HENRY C. ‘‘HANK’’ JOHNSON, JR., Georgia Wisconsin THEODORE E. DEUTCH, Florida STEVE CHABOT, Ohio KAREN BASS, California LOUIE GOHMERT, Texas CEDRIC L. RICHMOND, Louisiana JIM JORDAN, Ohio HAKEEM S. JEFFRIES, New York KEN BUCK, Colorado DAVID N. CICILLINE, Rhode Island JOHN RATCLIFFE, Texas ERIC SWALWELL, California MARTHA ROBY, Alabama TED LIEU, California MATT GAETZ, Florida JAMIE RASKIN, Maryland MIKE JOHNSON, Louisiana PRAMILA JAYAPAL, Washington ANDY BIGGS, Arizona VAL BUTLER DEMINGS, Florida TOM MCCLINTOCK, California J. LUIS CORREA, California DEBBIE LESKO, Arizona MARY GAY SCANLON, Pennsylvania, GUY RESCHENTHALER, Pennsylvania Vice-Chair BEN CLINE, Virginia SYLVIA R. GARCIA, Texas KELLY ARMSTRONG, North Dakota JOE NEGUSE, Colorado W. GREGORY STEUBE, Florida LUCY MCBATH, Georgia GREG STANTON, Arizona MADELEINE DEAN, Pennsylvania DEBBIE MUCARSEL-POWELL, Florida VERONICA ESCOBAR, Texas PERRY APELBAUM, Majority Staff Director & Chief Counsel BRENDAN BELAIR, Minority Staff Director SUBCOMMITTEE ON THE CONSTITUTION, CIVIL RIGHTS, AND CIVIL LIBERTIES STEVE COHEN, Tennessee, Chair JAMIE RASKIN, Maryland MIKE JOHNSON, Louisiana, ERIC SWALWELL, California Ranking Member MARY GAY SCANLON, Pennsylvania LOUIE GOHMERT, Texas MADELEINE DEAN, Pennsylvania JIM JORDAN, Ohio SYLVIA R. -
National Security and Statutory Interpretation
SMU Law Review Volume 53 Issue 1 Article 9 2000 Through a Looking Glass Darkly: National Security and Statutory Interpretation Jonathan Turley Follow this and additional works at: https://scholar.smu.edu/smulr Recommended Citation Jonathan Turley, Through a Looking Glass Darkly: National Security and Statutory Interpretation, 53 SMU L. REV. 205 (2000) https://scholar.smu.edu/smulr/vol53/iss1/9 This Article is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in SMU Law Review by an authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu. THROUGH A LOOKING GLASS DARKLY: NATIONAL SECURITY AND STATUTORY INTERPRETATION Jonathan Turley* TABLE OF CONTENTS I. INTRODUCTION ........................................ 206 II. AREA 51: A CASE STUDY OF THE GRAVITATIONAL EFFECT OF THE COMMON LAW ON STATUTORY INTERPRETATION IN THE NATIONAL SECURITY AREA ......................... 210 A. FACTUAL BACKGROUND .............................. 210 B. RELEVANT LEGAL ARGUMENTS AND JUDICIAL R ULINGS .............................................. 214 C. THE GRAVITATIONAL EFFECT OF THE COMMON LAW PRIVILEGE ON THE ANALYSIS IN KASZA AND FRosT ................................................. 219 III. THE INTERPLAY OF STATUTORY INTERPRETATION AND THE COMMON LAW IN THE AREA 51 LITIGATION ............................ 221 A. THEORIES OF STATUTORY INTERPRETATION IN THE COMPANY OF THE COMMON LAW ..................... 222 B. PREEMPTION AND JUDICIAL CHOICE: THE USE OF COMMON LAW AS AN OUTCOME-DETERMINATIVE ELEMENT IN THE FROST CASE ........................ 228 C. THE ADOPTION OF AN ABSOLUTE STATE SECRETS PRIVILEGE IN THE AREA 51 LITIGATION .............. 231 IV. THE LEGISPRUDENCE OF NATIONAL SECURITY AND THE COMMON LAW ............................. 237 A. THE DIALOGIC EFFECT OF THE COMMON LAW IN THE AREA OF STATUTORY INTERPRETATION .............. -
Digital Shopping Malls and State Constitutions — a New Font of Free Speech Rights?
Harvard Journal of Law & Technology Volume 33, Number 1 Fall 2019 DIGITAL SHOPPING MALLS AND STATE CONSTITUTIONS — A NEW FONT OF FREE SPEECH RIGHTS? Andrei Gribakov Jaffe* TABLE OF CONTENTS I. INTRODUCTION .............................................................................. 269 II. APPLYING PRUNEYARD TO THE INTERNET .................................... 273 A. The Pruneyard Decision(s) ....................................................... 273 B. Evolution of the Pruneyard Doctrine ........................................ 274 C. Extending Pruneyard Beyond Shopping Malls ......................... 276 III. FEDERALISM BARRIERS TO APPLYING PRUNEYARD TO THE INTERNET ...................................................................................... 278 A. The Current Bulwark — CDA § 230 ........................................ 279 B. Dormant Commerce Clause ..................................................... 283 C. Federal Common Law — Is There a Dormant Speech Clause? .................................................................................. 286 IV. REVISITING PRUNEYARD TODAY: CORPORATE FIRST AMENDMENT RIGHTS AND REASONABLE RESTRICTIONS ............. 288 V. CONCLUSION ................................................................................ 291 I. INTRODUCTION In May 2019, Donald Trump tweeted that he is “continuing to monitor the censorship of AMERICAN CITIZENS on social media platforms” and declared that the government is “monitoring and watching[] closely.” 1 In response, Orin Kerr dryly noted, “[g]overnment -
Islam Symposium: an Introduction Robert A
University of St. Thomas Law Journal Volume 7 Article 1 Issue 3 Spring 2010 2010 Islam Symposium: An Introduction Robert A. Kahn University of St. Thomas School of Law, [email protected] Bluebook Citation Robert A. Kahn, Foreword, Islam Symposium: An Introduction, 7 U. St. Thomas L.J. vii (2010). This Foreword is brought to you for free and open access by UST Research Online and the University of St. Thomas Law Journal. For more information, please contact [email protected]. FOREWORD ISLAM SYMPOSIUM: AN INTRODUCTION ROBERT A. KAHN* I. ISLAM, CONSTITUTIONAL LIBERTIES, AND THE CURRENT POLITICAL CLIMATE In early 2009, the University of St. Thomas Law Journal decided to hold a symposium on “Islamic Law and Constitutional Liberty.” One moti- vation for the symposium was the hostile reception given to the Archbishop of Canterbury’s speech calling for the British legal system to take a more positive attitude toward Islamic Law.1 Another motivation arose in Ontario, where opponents of Sharia law outlawed its application in family law-based arbitration following a lengthy campaign.2 In addition to these develop- ments—which bore directly on Islamic law—came a rising tide of Euro- pean laws aimed at Muslim clothing, especially the headscarf and burqa.3 To address the growing assertion that Islam is somehow incompatible with liberal democratic norms, the symposium directed its attention to the challenges, opportunities, and tensions that might exist between Islamic law * Associate Professor of Law, University of St. Thomas School of Law. 1. See generally Doctor Rowan Williams, Archbishop of Canterbury, Archbishop’s Lecture - Civil and Religious Law in England: A Religious Perspective (Feb. -
THE FALL and RISE of the ISLAMIC STATE a Project on U.S
THE FALL AND RISE OF THE ISLAMIC STATE A Project on U.S. Relations with the Islamic World Policy Luncheon with Noah Feldman Professor of Law Harvard University Lama Abu-Odeh Professor of Law Georgetown University Moderated by: Stephen R. Grand Fellow and Director Project on U.S. Relations with the Islamic World Saban Center at Brookings Thursday, May 29th, 2008 12:30-2:00 p.m., Stein Room The Brookings Institution 1775 Massachusetts Ave. NW Washington, D.C. 20036 * * * * * 2 PROCEEDINGS MR. GRAND: Let me welcome everyone here today. My name is Steve Grand. I am Director of the Project on U.S. Relations with the Islamic World housed within the Saban Center for Middle East Policy at Brookings. We are extremely pleased today to have with us Professor Noah Feldman for discussion of his new book "The Fall and Rise of the Islamic State." We are also pleased to have with him as a commentator today Professor Lama Abu-Odeh. I believe you have in your materials bios on both of the speakers, so I will just briefly introduce them and turn to Noah to speak briefly about the book and then Professor Abu-Odeh to offer some comments on the book. Then we will open it to a more general discussion. For those who do not know Professor Noah Feldman, he is a professor of law just recently moved to Boston where he is at Harvard Law School, previously at Yale University. He's also an Adjunct Senior Fellow at the Council on Foreign Relations. In addition to being a former Rhodes Scholar and Carnegie Scholar, in 2003 he served as Senior Constitutional Adviser to the Coalition Provisional Authority in Iraq and played an important role in advising the Iraq Governing Council on the drafting of the Interim Constitution. -
Impeachment, Donald Trump and the Attempted Extortion of Ukraine
Pace Law Review Volume 40 Issue 2 Article 4 July 2020 IMPEACHMENT, DONALD TRUMP AND THE ATTEMPTED EXTORTION OF UKRAINE Lawrence J. Trautman [email protected] Follow this and additional works at: https://digitalcommons.pace.edu/plr Part of the Law Commons Recommended Citation Lawrence J. Trautman, IMPEACHMENT, DONALD TRUMP AND THE ATTEMPTED EXTORTION OF UKRAINE, 40 Pace L. Rev. 141 (2020) Available at: https://digitalcommons.pace.edu/plr/vol40/iss2/4 This Article is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Pace Law Review by an authorized administrator of DigitalCommons@Pace. For more information, please contact [email protected]. IMPEACHMENT, DONALD TRUMP AND THE ATTEMPTED EXTORTION OF UKRAINE Lawrence J. Trautman1 TABLE OF CONTENTS I. INTRODUCTION ............................................................... 143 II. THE CONSTITUTIONAL PROVISION FOR IMPEACHMENT ....................................................................... 144 A. Treason ......................................................................... 145 B. Bribery .......................................................................... 145 C. Other High Crimes and Misdemeanors ..................... 145 D. Impeachment Is An Emergency Measure .................. 146 III. HISTORY OF U.S. PRESIDENTIAL IMPEACHMENT PROCEEDINGS ........................................................................ 148 A. President Andrew Johnson ......................................... 149 -
The Fall and Rise of the Islamic State by Noah Feldman, Princeton University Press, 2008, 200 Pp
The Fall and Rise of the Islamic State by Noah Feldman, Princeton University Press, 2008, 200 pp. Samuel Helfont Noah Feldman is one of the most prolific public intellectuals in the United States today. Fluent in Arabic, with a law degree from Yale and a D.Phil in Islamic thought from Oxford, he is a uniquely qualified participant in the battle of ideas surrounding Islam and the Middle East. Indeed, he is one of the few academics who had the courage to go beyond intellectual debates and offer to help solve America’s Middle Eastern woes. At the outset of the Iraq War in 2003, many academics with considerable knowledge and ability refused to have anything to do with the war or its practitioners. They preferred to remain comfortably on the sidelines, offering criticisms but very seldom solutions. There were a handful, however, who recognised that whatever their qualms with the war, they had an obligation to help alleviate the suffering, if not of the American administration, then at least of the Iraqi people. Noah Feldman was one such academic. He worked for the Coalition Provisional Authority in Baghdad and he had an advisory role in the development of Iraq’s post-war constitution. Feldman’s return to academia after such an endeavour should be heartening to those who argue that supporting American foreign policy is incompatible with the leftist atmosphere on many university campuses. In an incident that should (but almost certainly will not) help to quell the indignation of some parts of the American right, Feldman’s return to the halls of academia after serving in Iraq was not met with protests or black-listing. -
Written Statement Jonathan Turley, Shapiro Professor of Public Interest
Written Statement Jonathan Turley, Shapiro Professor of Public Interest Law George Washington University "The President's Constitutional Duty to Faithfully Execute the Laws" Committee on the Judiciary United States House of Representatives 2141 Rayburn House Office Building December 3, 2013 Chairman Goodlatte, Ranking Member Conyers, and members of the Judiciary Committee, my name is Jonathan Turley and I am a law professor at George Washington University where I hold the J.B. and Maurice C. Shapiro Chair of Public Interest Law. It is an honor to appear before you today to discuss the constitutional concerns raised by recent nonenforcement polices and the President’s duty to faithfully execute the law of the United States. The issue before the Committee is clearly a difficult one. It is often difficult to separate the merits of the underlying policies from the means used to achieve them. It so happens that I agree with many of the goals of the Administration in the various areas where the President has circumvented Congress. However, in the Madisonian system, it is often more important how you do things than what you do. We have long benefited from a system designed to channel and transform factional interests in the political system. When any branch encroaches upon the authority of another, it not only introduces instability into the system but leaves political issues raw and unresolved. However, to paraphrase one of Benjamin Franklin’s favorite sayings, the Constitution helps those branches that help themselves. Each branch is given the tools to defend itself and the Framers assumed that they would have the ambition and institutional self-interest to use them. -
Senate Trials and Factional Disputes: Impeachment As a Madisonian Device
TURLEY TO PRINTER 11/30/99 3:15 PM Duke Law Journal VOLUME 49 OCTOBER 1999 NUMBER 1 SENATE TRIALS AND FACTIONAL DISPUTES: IMPEACHMENT AS A MADISONIAN DEVICE JONATHAN TURLEY† ABSTRACT In this Article, Professor Turley addresses the use of impeachment, specifically the Senate trial, as a method of resolving factional disputes about an impeached official’s legitimacy to remain in office. While the Madisonian democracy was designed to regulate factional pressures, academics and legislators often discuss impeachments as relatively static events focused solely on removal. Alternatively, impeachment is sometimes viewed as an extreme countermajoritarian measure used to “reverse” or “nullify” the popular election of a President. This Article advances a more dynamic view of the Senate trial as a Madisonian device to resolve factional disputes. This Article first discusses the history of impeachment and demon- strates that it is largely a history of factional or partisan disputes over legitimacy. The Article then explores how impeachment was used historically as a check on the authority of the Crown and tended to be used most heavily during periods of political instability. English and colonial impeachments proved to be highly destabilizing in the ab- sence of an integrated political system. The postcolonial impeachment process was modified to convert it from a tool of factional dissension to a vehicle of factional resolution. This use of Senate trials as a Madisonian device allows for the public consideration of the full rec- † J.B. and Maurice C. Shapiro Professor of Public Interest Law at George Washington University. For Benjamin John Turley, who was born during the research and writing of this Article.