Was Hunter Biden’s Plea Deal A Contract?

Special Counsel nee United States Attorney David Weiss has advised Judge Maryellen Noreika of the intent to indict Biden for falsely representing on his gun permit application that he was not, at the time, using drugs. He was, of course, as he has readily admitted, but the government had previously deemed his violation sufficiently trivial, and his conduct otherwise unconcerning, as to warrant a two-year diversion program rather than prosecution. And in the meantime, the charge appears unconstitutional under Bruen.

Biden’s lawyer, Abbe Lowell, has taken to the media to argue his client’s cause, both that there was a deal struck which, although not having reached fruition, was signed and sealed as between Biden and the government, and that the impetus for this shift in the government’s action is political, the hue and cry from those calling it a sweetheart deal for a president’s son rather than some damn fine defense lawyering. Continue reading

Will 22 Years Of Deterrence Work?

Having long been vociferous in my condemnation of excessive sentences for crimes ranging from drugs to murder, I come at this issue with far cleaner hands than most. Unsurprisingly, people who were chanting “if you can’t do the time, don’t do the crime,” have suddenly gotten religion when it comes to the J6 defendants.

Ethan Nordean, 32, of Auburn, Washington, was sentenced to 18 years in prison.

Joseph Biggs, 39, of  Charlotte, North Carolina, was sentenced to 17 years in prison.

Zachary Rehl, 38, of Philadelphia, Pennsylvania, was sentenced to 15 years in prison.

Dominic Pezzola, 45, of Rochester, New York, was sentenced to 10 years in prison.

Now, Enrique Tarrio, 39, of Miami, Florida, was sentenced to 22 years in prison. Continue reading

The Privilege Of A Liberal Arts Education

From the title, it seemed as if the point of the op-ed was to distinguish the nature of education from the nature of employment, the latter being one of the two misguided characterizations of higher education. The other is a consumer purchase in order to rationalize the role of students by invoking the old saw, “the consumer is always right.” But no, that was not the point of “College Students: School Is Not Your Job” by a writing teacher at Southern Methodist University, Jonathan Malesic. Not at all.

College freshmen who just arrived on campus have heard, from parents and politicians alike, that college exists mainly for the sake of work. Colleges themselves tout their graduates’ employment rates, starting salaries and career networks as major selling points.

Students have gotten the message. An overwhelming majority of first-year students tell pollsters that getting a better job is a major reason for going to college. Across 25 years of teaching at five universities in three states, I have heard students consistently call school their “job.” Given the cost of attending a four-year college, it’s reasonable that they want assurance their degrees will lead to higher earnings.

If only parents and politicians offered such practical advice. More likely, they’ve learned from their peers that the burden of school debt can be soul crushing, and that the glory of studying majors that will ultimately offer no way to repay it, no job with which to occupy the hours between undergrad and graduate school with yet more debt, and no job at the end of the rainbow since there aren’t enough universities to hire yet another Ph,D, in grievance studies, and the sheepskin is otherwise good for nothing.

But regardless of whether students come upon this reality organically or because cynical mommy and daddy pushed junior to take a course of study that might contribute financially to their well being, the point remains that more students want well-paying jobs after college than a volunteer position as a doyenne at the Met.

College is a unique time in your life to discover just how much your mind can do. Capacities like an ear for poetry, a grasp of geometry or a keen moral imagination may not pay off financially (though you never know), but they are part of who you are. That makes them worth cultivating. Doing so requires a community of teachers and fellow learners. Above all, it requires time — time to allow your mind to branch out, grow and blossom.

College is indeed a unique time in a student’s life, and students should be exposed to the broad array of an enlightened liberal arts education. Unfortunately, that was far more doable when the students filling the amphitheater seats came from families of means, the sort where a well-educated student could afford to indulge an unremunerative course of study for the sake of enjoying great poetry and literature, and afterward join daddy’s firm as an investment banker.

The 20th-century German philosopher Josef Pieper might have said that when students see college solely in terms of work, they deny their own humanity. He pointed out in his 1948 book, “Leisure: The Basis of Culture,” that the word “school” comes from the Greek “schole,” which means “leisure.”

Who was attending college in 1948, praytell?

Pieper borrowed his idea of leisure from Aristotle, who saw contemplation as the highest human activity and thus essential to happiness. “For we do business in order that we may have leisure,” Aristotle wrote, implying that leisure must therefore be a greater thing than work.

Who doesn’t love contemplation? I know I do. If it were up to me, I would contemplate all day long. Anybody want to pay me to do so? I didn’t think so.

Pieper’s question is just as urgent today for people pursuing higher education. For all but the most fortunate, earning power is an inescapable concern throughout a person’s life. But if it’s the only value that defines a life, then students don’t need a true education at all. They don’t need to construct a vision of the whole world and their place in it. They don’t need to address the larger questions that arise through open-ended discussion with professors and peers. They need just narrowly focused training.

Malesic isn’t wrong that one can take a course of study directed toward future gainful employment and still have room for students to “construct a vision of the whole world and their place in it.” But that’s no longer what colleges do. What happened to the required course in Western Civ or Classic Lit, the foundations of a liberal education that bound educated people together so that they understood the concepts and references shared among the degreed folks?

It’s not easy to make space for leisure within universities that look increasingly like corporations. It’s not easy to fit open-ended contemplation into a Monday-Wednesday-Friday schedule. Still, at their best, colleges and universities offer an alternative to the culture that values people solely for their labor.

I went to college and never had trouble finding “space for leisure,” often at the foolish expense of doing the required reading. But then, I was a poor kid from a poor family, and my daddy didn’t have an investment banking firm to set me up in as I pondered Kierkegaard and Nietzsche. If I didn’t come out of college with the ability to make something of myself, I would fall back on a life of very hungry contemplation since I would have nothing to eat.

For academics to bemoan the death of a leisurely education, perhaps they should consider their willingness to work for free, such that their students wouldn’t have to assume massive debt to enjoy their future of leisure. But even then, they might do well to consider whether they should study renaissance painters in Art History or ponder a banana duct-taped to a wall if they hope to produce well-rounded, well-educated and adequately-leisured students.

Labor Day, With An Auto Workers Strike Looming

At Cornell University’s School of Industrial and Labor Relations, a required first year course is labor history. You learn about the guilds, about the rioters and the Pinkertons hire to beat them, about the horrific treatment of industrial workers in the age of Robber Barons and the birth of unionism. As my girlfriend at the time proclaimed one day after Roger Keeran’s class, “I want to be a Wobbly!”

The problem is that was history, a different time and different circumstances, long before the Wagner Act was born and the AFL-CIO flexed its might. A great many arguments about what we should do today are grounded in things that happened many years ago, ignoring everything that’s happened since. It’s true for civil rights. It’s more true for unionism. Continue reading

If Not Voters, Then Who?

Suit was brought, and summarily tossed in the Southern District of Florida by Judge Robin Rosenberg for lack of standing. The suit sought a declaratory judgment that Trump was disqualified under Section 3 of the Fourteenth Amendment.

Plaintiffs ask the Court to enter a declaratory judgment barring Defendant from (1) seeking the office of President of the United States and (2) participating in the Florida Presidential primary election in 2024. Plaintiffs assert that Defendant is ineligible to serve as President under the Fourteenth Amendment because of his alleged participation in events that took place at the United States Capitol on January 6, 2021, and related activities. The Court concludes that it lacks subject matter jurisdiction and dismisses the Complaint.

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The Very Avoidable Killing of Ta’Kiya Young

There were two things 21-year-old Ta’Kiya Young knew with certainty that day. The first was that she was pregnant. The second was that the police officers had ordered her to get out of her car. She didn’t.

There were two things the two Blendon Township, Ohio, police officers* knew that day. There was an accusation that Ta’Kiya Young had stolen bottles of alcohol from Kroger and that she refused to comply with the order to get out of the car. Instead, she decided to drive away. Continue reading

Seaton: When New Jersey Almost Became The Wrestling Capital Of The World

They don’t call New Jersey the “garden state” for nothing (unless its because you can’t fit the state of oil and gas refineries on a license plate), but for a brief and shining moment, the meadowlands of Jersey were almost the epicenter of masked wrestling in the western hemisphere. After all, so much unused space, except for the occasional mob hit victim’s final resting place, shouldn’t go to waste, or so wannabe wrestling promoter Pee Wee Nugent thought. Continue reading

The “Transformative” Invention of Title IX Sex Tribunals

It was 2017 when K.C. Johnson made the request under the Freedom of Information Act for documents and emails relating to the origin of the 2011 Dear Colleague Letter that created the foundation for the campus peer-to-peer sex adjudication that has thus far launched more than 500 federal suits. It took five years, but K.C. finally received a response.

In 2017 I filed a request under the Freedom of Information Act seeking various OCR documents regarding the Dear Colleague letter’s origins. And finally — this August — the Education Department complied. I received 838 highly redacted pages. The department, for instance, redacted all contemporaneous talking points for the media blitz that Russlynn Ali, head of OCR at the time, undertook to promote the letter. It also redacted all draft versions of the guidance document and, incredibly, even a PDF of the Dear Colleague letter itself from OCR’s website. Nonetheless, significant chunks of material remained, and they enhance our understanding of this transformative policy change.

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Poor Rudy, Poorer Rudy

According to reports, one-time lawyer Rudy Giuliani had issues with affording to fund his criminal defense in Georgia, assuming he can find a lawyer willing to represent him. It’s tough times for the former United States Attorney for the Southern District of New York who went on to be mayor of New York City.

In court on Monday, the former New York City mayor said the legal quagmires have left him effectively out of cash. He even appears to have responded to some of the money crunch by listing for sale a 3-bedroom Manhattan apartment he owns for $6.5 million. Continue reading

3d Circuit Reverses Holding Pennsylvania Rule 8.4(g) Unconstitutional

While the Third Circuit, in an opinion by Senior Judge Anthony Scirica, didn’t come out and hold that the district court erred in holding Pennsylvania’s adoption of a variation of ABA Model Rule 8.4(g) was constitutional, it all but sloughed off the complaints of FIRE’s Zach Greenberg when it held he lacked standing to challenge the nefarious rule.

In a facile decision of stunning naïveté, the court held that the ramifications of a lawyer speech code prohibiting knowing harassment, defined in such vague terms as to cover pretty much anything, in any aspect of the practice of law based on “race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status, and socioeconomic status” had yet to be sufficiently established. Zach pre-emptively sought to enjoin the rule, arguing that it would form the basis for discipline, or chill his speech, when he taught continuing legal education courses. Continue reading