Author Archives: SHG

Short Take: A Moron And His Gun Are Soon Parted

Apart from all other issues surrounding the possession of a handgun, few would argue that an FBI agent, a Fibber of all people, shouldn’t carry his piece. After all, the FBI are the good ones, the smart ones, the agents of law enforcement who stand above the riff-raff. Or not.

Cool backflip, even if one might suppose that he might have a greater concern about the gun in his waistband than his moves on the dance floor. Continue reading →

When The Right Eats Its Own

Two facts about Patrick Frey: He’s a prosecutor and an unabashed conservative. Two aspects of Patrick’s nature: He’s exceptionally smart and honest. One thing about his politics: He thinks Trump is a moron unworthy of being president. And Patrick has now been culled from the RedState herd because of this.

Several writers at RedState were fired today, including me. All those fired were Trump critics.

Salem, the owner of RedState, is perfectly within its legal rights to do this. They can take their site in any direction they want. But the message sent by firing a group of writers en masse, all of whom have been vigorous critics of the President, will have a chilling effect — both on the remaining writers at the site, and the conservative movement as a whole.

Continue reading →

Short Take: The New Nuthouse

People of a certain age remember well the revelations by the former Legal Aid lawyer, turned then-respected journalist, Geraldo Rivera, of Willowbrook State School. It was horrifying to see how children were being treated in institutions, and gave flight to a movement to end state abuse of the mentally ill and intellectually challenged. It was not only an affront to their humanity, but the state couldn’t be trusted to care for them humanely.

The institutions were closed. The inmates (as they weren’t patients) released. The buildings and land sold off. A few years later, people started to wonder where all the homeless people came from. It became commonplace for criminal defense lawyers to see serious issues with their clients, who clearly were suffering from some sort of deficit.*

We fixed the problem of terrible institutions by creating the problem of the mentally ill on the street or in the prisons. So the New York Times has come to the rescue. Continue reading →

Sunday Musing: Majority Rules

An interesting thing happened when I posited a relatively benign assertion on the twitters.

If your beliefs don’t prevail in the marketplace of ideas, the problem isn’t the marketplace, but your beliefs.

I was subtwitting at the time, unbeknownst to many who replied to my twit, as there had been a flurry of people contending that the problem with social justice not being the predominant ideology wasn’t because of a flaw with social justice, but because people were too venal, stupid and evil to recognize it as “truth.” Continue reading →

A Defense of Qualified Immunity?

Qualified immunity is not merely a hated (by some of us) concept in law, but is exposed to attack by the fact that it was created by judicial fiat out of nothing. After Will Baude ripped it to shreds, there seemed to be momentum building to kill this judicial Frankenstein that protected cops from their outrages with the flimsiest, most malleable of excuses.

And then the Supremes doubled down in White v. Pauly, clearing the path for circuit courts to rule any damn way they pleased if they would only put in the minor effort to come up with one detail, real or imagined, to distinguish this murderous scenario from every other murderous scenario. It was sheer, unadulterated cover for cops to kill with impunity.

But lawprofs Christopher Walker and Aaron Nielson have done the unthinkable. Continue reading →

How The Tail Wagged LawDog

Some years ago, I called for law professors to take back the classroom. At the time, the questions presented ranged from students majoring in Facebook to the shift in their relative roles, students deeming their professors to be their peers, demanding that they “respect” their opinions as opposed to telling them when they were wrong, or worse still, telling them they “respect” their opinions as opposed to tell them when they were wrong, or worse still, tell them they didn’t belong in law school.

What type of educator panders to youth culture in this way?  All types, actually.

At PrawfsBlawg, Howard Wasserman wrote a sentence that was astounding.* Continue reading →

Prickett: No Place For Courtroom Intimidation By Cops

Ed. Note: Greg Prickett is 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.

In the early morning hours on April 14, 2016, Austin police SWAT executed a no-knock warrant on the residence of Peter and Lisa Harrell. Police had information that their 18-year-old son, Tyler, was a “major drug dealer” and was armed. I’m normally opposed to the use of SWAT to execute search warrants, but in this case it was justified.

When the police entered, they found only a small amount of marijuana, but Tyler, with a semi-automatic AK-47, shot one of the officers. Where the problem starts is the intimidation tactics used by the police during the trial. Continue reading →

Short Take: Unleash The Dog?

Ronald D. Wagner II is at best a moron and at worst nuts. But neither is a crime. When one undertakes to drive a car, one similarly accepts certain rules that go along with it, one of which is that you must produce license and registration, sometimes an insurance card according to applicable laws, upon demand of a police officer.

You disagree with the law? That’s fine. I disagree with laws all the time, and regularly argue against them. But as long as they remain the law, you have to comply with them. Your disagreement, for reasons sound or utterly idiotic, has no bearing on whether you get a pass. And that goes for Wagner.

But, and this is a huge “but,” Wagner’s being obstinate in his refusal to comply, whether he’s polite about it or not, doesn’t answer the question of what the police are entitled to do about it. Continue reading →

Restitution and Resurrection Are Not Mutually Exclusive

No one has been convicted of anything yet, but the sentence of the mob has been swift and brutal. An onlooker might wonder why the same folks who cry sad tears for convicted prisoners who have paid their debt to society, say Matthew Charles, are so mindlessly harsh to the unconvicted prisoners of their hatred, but the answer is plain: the concern isn’t with burdens of proof or evidence, process or proportionality. They are every bit as harsh as the other tribe, but just focus their hatred on a different group.


Should Louis CK be given another chance? What about Charlie Rose, or Matt Lauer? Or should they be doomed to spend the rest of their lives as sexual pariahs? Continue reading →

Housekeeping: A Broken Lock

It was the GDPR that did it.  All manner of updates to programs and updates that keep blogs alive caused significant changes in the code behind the curtain at SJ, which caused a particular plugin to implode, wreaking havoc here, preventing me from accessing the dashboard and making my morning really lousy.

Thankfully (and I mean this in every sense of the word), @ConnerLeo came to my rescue, spending a few hours cleaning up the mess, where my host couldn’t manage to get around to it. We’re back, thanks to Leo. Regular posting will resume tomorrow.