To the right, I’m just another soy boy libtard. To the left, I’m everything from sexist to Nazi. So are most of my friends, as we discussed at dinner last night. We had a wonderful dinner, with caviar, shrimp and brie before a dinner of rib eye and lobster tails. It was at the Hamptons home of an old, dear pal, who has largely abandoned his Manhattan townhouse due to COVID, crime, garbage and overly-aggressive homeless who now own the streets when the streets aren’t otherwise occupied to mostly peaceful protesters destroying other people’s property.

Like me, he’s of a certain age, and will never miss a meal no matter what the next administration decides to tax or give away for free. Like me, he’s got kids for whom he’s worried. Like me, he’s known Trump long before his presidency and is well aware of who he is and what he cares about, which isn’t my friend or me or you. And like me, he’s aware of the next battle after Trump’s demise. As has become commonplace, he has a gun. If nothing else, the protests have turned New Yorkers into gun owners. Continue reading →

The two candidates for president are old. Trump is 74. Biden is 77. Unless you’re prepared to beclown yourself beyond repair, that’s old. And as anyone over 50 years of age realizes, even if they won’t admit it publicly, our bodies and minds begin the slide down the other side of the mountain.

It doesn’t make us useless or incapable of doing a strenuous job. Indeed, we’re often much more tenacious than youngsters, and push ourselves to our limits and beyond. Continue reading →

It’s unfortunate that Michael Sokolove can’t resist the impulse to prove his woke manliness up top, when arguing that if the vote were left to white men, Roy Moore and David Duke would be the sort of people elected. “White men are all racist misogynsts” may well serve to prove he’s the exception, but it’s no way to introduce his point. And it’s a point worthy of consideration.

Why do men and women, even some living under the same roof, have such divergent views on what issues matter and what people are fit to be our leaders?

Statistics reflect a gender gap, although it’s hardly as huge as Sokolove claims. Continue reading →

There are dreadfully few things the warring tribes of Washington agree upon, or to be more precise, are willing to publicly agree upon, since they’re required to at least appear to be in disagreement about everything for the sake of their unduly passionate base. Then comes Google, the great unifier, which spans right and left because neither tribe gets to own it.

What the suit says

“Two decades ago,” the lawsuit begins, “Google became the darling of Silicon Valley as a scrappy startup with an innovative way to search the emerging internet. That Google is long gone.” Here are some of the Justice Department’s central complaints:

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Ed. Note: Greg Prickett is a former police officer and supervisor who went to law school, hung out a shingle, and now practices criminal defense and family law in Fort Worth, Texas. While he was a police officer, he was a police firearms instructor, and routinely taught armed tactics to other officers.

When there is a police involved shooting, it is a common practice for the prosecutor to present the case to a grand jury, and to let them make the decision on whether to charge the officer(s) or not. It provides cover for both the prosecutor and the police, as the proceedings are secret. The grand jury either indicts or no bills the officer(s), and they are either prosecuted, or not. The public is happy, the police are happy, and the prosecutor is happy.

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In an unfortunate, if typical, disconnect, Staci Zaretsky notes that while law school graduates are finally getting jobs at the rate they did before the 2007 recession, black law school graduates are left out of the good news.

[T]he number of graduates employed in full-time, long-term jobs where bar passage was required was 74.3 percent (an increase of more than 3 percentage points), a percentage higher than rates measured before the recession. It’s actually the highest level ever recorded.

This is great, and frankly surprising in light of the pandemic, news. But this great news doesn’t extend to everyone. Continue reading →

Whether to separate children from parents as they cross over the border, whether claiming asylum or not, is a complicated question, although the arguments in favor of separation as anything other than a deliberately cruel method of creating a disincentive to enter the United States are overwhelming. These are children, for crying out loud. You can hate undocumented immigrants, if hating is your thing, but how does that extend to the children?

Yet, the complications of policy are nothing compared with the complications of logistics. Continue reading →

As much as Nino Scalia was hated with a burning passion by most of the criminal defense bar, he had his moments. One such moment was in Crawford, holding that defendant’s right “to be confronted with the witnesses against him” just like the Sixth Amendment said, meant just that. It was a watershed change for criminal defendants, no longer to be left to argue with a lab report. You can’t cross a lab report. And Justice Antonin Scalia made this happen with, wait for it, originalism.

But Dean Erwin Chemerinsky says originalism is terrible, mostly because Amy Coney Barrett says she follows in Scalia’s footsteps as to originalism, making her terrible too.

The Times probably meant “our rights,” but who’s to say what the right word is anymore?

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Ed. Note: Our intrepid TV and Movie Critic, Harris County Chief Public Defender Alex Bunin, reviews the new movie by FIRE, the Foundation for Individual Rights in Education, “Mighty Ira,” which is now available in virtual cinema through Angelika Film Center through Oct. 22. On Oct. 23, it will be available to stream on Amazon (free on Prime), iTunes, and Google Play and on Oct. 27, it will be available on DVD and Blu-ray.

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A client of mine years ago owned a bodega in the South Bronx. He wanted to lead a successful, law-abiding life as a local businessman, and used to obsess about the quality of his tomatoes. But he grew up on the streets and realized that it was hard to sell tomatoes, or anything else, if kids from the neighborhood stole them from his carefully tended bins.

He kept a handgun and a bat behind the counter. He wouldn’t hesitate to use them. He wasn’t going to be killed by a robber and he wasn’t going to let his precious tomatoes walk out the door unless they were purchased. It wasn’t a commentary about life in South Bronx, but a very firm grasp of reality. Kids would rob him blind if he let them. He was not going to let them. Continue reading →