Author Archives: SHG

A Text Instead of A Siren

To their credit, the police in Windcrest, Texas, are considering alternatives to the way things have “always been done,” which has often been done wrong and too often with disastrous results. They are offering drivers an alternative to the usual traffic stop called the Trusted Driver program.

It’s a concept never done before, and it’s about to happen in Bexar County: Getting a traffic ticket sent to your phone without an officer pulling you over. One police department will be the first in the nation to test it.

“It’s not a 100% solution, but it’s a step forward in the right direction,” said Val Garcia, President & CEO of the Trusted Driver Program.

Continue reading

What’s God Got To Do With It?

I’m not religious. As a practical matter, I consider myself an “ethnic Jew,” mostly agnostic toward the religious side, I strongly believe in the separation of church and state, and am extremely wary of those who justify policy based on their belief system.

But at the same time, I am respectful of those who believe in their religion, not because I share their beliefs but because I recognize their right to their religious beliefs. And being a member of a religion shared by a small minority of Americans, it never bothered me that the religion of most Americans, Christianity, was treated differently, better, than mine. It was the only practical way to deal with it, as there didn’t seem to be much point to keeping school open on Christmas day when only a few of us would show up. Continue reading

Judge Robert Adrian’s Farcical Self-Reversal

It was a bench trial, and the Judge found the defendant guilty. It was, at that point, entirely in the hands of Adams County, Illinois, Circuit Judge Robert Adrian to decide whether the prosecution met its burden, and he did. Guilty of sexual assault.

Mr. Clinton was charged with criminal sexual assault on June 1, 2021. The girl reported that he sexually assaulted her after she became intoxicated at a party on May 30, according to court records.

During the bench trial, she testified that she was unconscious and woke up to find a pillow covering her face and Mr. Clinton assaulting her. Continue reading

Short Take: Students Choose Between False Options

In a column about the gender gap, Thomas Edsall includes a deeply disconcerting statistic.

While liberal and left identification among female students reached a high in 2016, male students remained far below their 1971 high, which was 44 percent.

Along parallel lines, a Knight Foundation survey in 2017 of 3,014 college students asked: “If you had to choose, which do you think is more important, a diverse and inclusive society or protecting free speech rights.” Continue reading

Title IX And The Bad Facts Conundrum

In criminal appeals, one aspect of strategy is to humanize the defendant in order to create as much empathy, if not doubt that the defendant is guilty, as possible when the court considers the legal arguments to overturn a conviction. The reason is simple, that a less hated defendant is more likely to receive sympathetic consideration. It’s human nature.

But the reality is that some defendants are just bad dudes, and committed heinous crimes. There isn’t much good to say about them. Yet, courts will, on occasion, reverse on the law anyway, cutting a bad dude a break. It’s really quite remarkable when this happens, given human nature, and yet it does. That’s the nature of law, in general, and crim law, in particular, that it’s molded around people who aren’t sympathetic and did things that were, well, heinous. Continue reading

Sonia and The Lie

During oral argument before the Supreme Court in the vax mandate cases, Justice Sonia Sotomayor raised a “fact” that wasn’t.

Justice Sonia Sotomayor claimed that over 100,000 children are in “serious condition” with covid-19. Many, including The Post’s Glenn Kessler, pointed out that while omicron does seem to affect children more than other variants of the coronavirus, Sotomayor’s figure was wrong by a factor of about 20.

Continue reading

Is “Law For Truth” The Solution To Political Defamation?

Many of my First Amendment “fellow travelers” try desperately to show why every defamation suit is bad, wrong, and baseless. It’s understandable why they approach such actions with a strong bias against such suits, as they serve to censor, or at least, chill free speech upon fear of being held liable. As a general precept, it’s fair to approach defamation actions with skepticism.

But that doesn’t mean that defamation doesn’t happen and that some suits aren’t extremely well grounded. Take the case of Ruby Freeman, an election worker who had the grave misfortune of being named by Gateway Pundit as having committed “voter fraud on a MASSIVE scale.” She did nothing wrong, but nonetheless became the target of hate and ruin by a right-wing mob of flaming nutjobs. Not that Gateway Pundit cared. Continue reading

Tuesday Talk*: The Mask and The Message

It would seem at first blush that an employer would have certain prerogatives as to directing the attire worn by employees on the job. But Jennifer Abruzzo, general counsel of the NLRB, disagreed when it came to Whole Foods employees wearing Black Lives Matter masks.

In a Dec. 17 filing with the National Labor Relations Board, Whole Foods denied the agency general counsel’s allegations that the company violated federal labor law by banning employees from wearing “Black Lives Matter” insignia and punishing staff around the country who did. The filing is a response to the labor board’s accusation that by prohibiting Black Lives Matter messages at work, the company interfered with employees’ rights under the National Labor Relations Act to engage “in concerted activities for their mutual aid and protection.”

Continue reading

Did Race Blow Up Dayonte Resiles’ Verdict?

There is a long and sordid history of jury nullification based on race, where a white jury would acquit a white person for killing a black person despite the law and evidence. It was an outrageous disgrace, and yet this flagrant racism happened. After the murder trial of Dayonte Resiles, the fear has been raised that it’s back, only in reverse.

Police said Resiles broke into the home to commit a burglary, and when he found Su inside, he tied her up and stabbed her to death. His DNA was found on a knife and inside the home.

Continue reading

Short Take: Give Bragg A Chance

While it’s unclear how exactly the memo from Manhattan’s new district attorney, Alvin Bragg, will play out in the courtroom, there was no doubt that it was going to be received poorly by the cops. The new police commissioner, Keechan Sewell, immediately invoked the First Rule of Policing.

Commissioner Sewell, who, like Mr. Bragg, was just a week into her job, said in her email to about 36,000 members of the department that she had studied the policies and come away “very concerned about the implications to your safety as police officers, the safety of the public and justice for the victims.”

Continue reading