Free Republic

The Left is outraged that President Donald Trump has been able to nominate a Supreme Court justice to take the seat of Justice Ruth Bader Ginsburg, and Democrats do not want the Senate to confirm Trump’s nominee, Amy Coney Barrett. Many on the Left have strained to attack ACB for her faith but many acknowledge her as an impressive jurist and a caring mother of 7 children, one with Down Syndrome and two adopted from Haiti. Yet at least one high-profile left-leaning law professor has lavished praise on ACB’s intellect and her character. Noah Feldman, a law professor at Harvard...

From San Francisco to Amherst, hungover activists greeted Thursday’s mid-afternoon sun, rolling out of their waterbeds in the warm belief that Donald J. Trump was no longer president of the United States. Of course, he is still the president. Indeed, he might not even have been constitutionally impeached yet. That’s because every chapter of this story, from accusations to investigations, charges to impeachment, has been pure political theater. “Very sadly now… I solemnly and sadly open the debate on the impeachment,” Pelosi announced before Wednesday’s vote. “He gave us no choice,” she concluded.The speaker and her allies wore black, of...

VIDEO By the afternoon of December 19, the day after the House voted for impeachment, pundits in the media began noticing that since the articles of impeachment were not handed over to the Senate, this meant that President Trump was technically NOT impeached. Even the constitutional scholar that the Democrats had testify during their hearings, Noah Feldman, confirmed that until the Senate gets the articles of impeachment then he is NOT impeached. So who was the FIRST to notice that Trump was NOT impeached. This video reveals that it was Brian Craig, co-host of the Steve Kane Radio Show...

Consider it a twist on the old question about a tree falling in the forest with no one to hear it: If the House adopts articles of impeachment but never sends them to the Senate, is a president truly impeached? A Harvard law professor, who also served as a Democrat-called impeachment witness, answered with a resounding “no” in a column that speaks to the deep dilemma House Speaker Nancy Pelosi faces as she sits on two articles of impeachment against President Trump. Pelosi, D-Calif., is apparently using the delay as leverage to extract favorable terms for a Senate trial. But...

One of the legal scholars who testified in the impeachment proceedings believes that President Trump could argue he has not been impeached until the House sends the articles to the Senate. Noah Feldman, a professor at Harvard Law School, published an opinion piece in Bloomberg on Thursday arguing against the House Democrats withholding the articles of impeachment, thus preventing the Senate from holding a trial. "Both parts are necessary to make an impeachment under the Constitution: The House must actually send the articles and send managers to the Senate to prosecute the impeachment. And the Senate must actually hold a...

Late last night after two articles of impeachment were passed by House Democrats, Speaker Nancy Pelosi indicated she wouldn't be sending them to the Senate for a trial anytime soon. On Thursday afternoon, House Majority Leader Steny Hoyer announced no additional votes will be taken until January 7.  Reporter: Can you guarantee that the impeachment articles will be at some point sent to the Senate? Can you guarantee that? @SpeakerPelosi: That would've been our intention, but we'll see what happens over there. pic.twitter.com/oEEtK0nDdH— Townhall.com (@townhallcom) December 19, 2019 Hoyer announces no more votes until January 7. Big cheer goes up...

(Gateway Pundit) – The House Judiciary Committee, chaired by Rep. Jerrold Nadler, kicked off its first impeachment circus Wednesday morning. Noah Feldman, the first impeachment ‘witness’ the Dems rolled out on Wednesday not only called for Trump’s impeachment shortly after Trump was sworn in, he actually argued in a NY Times op-ed titled, “Why Shariah?” that Islamic Sharia law is more humane than US law. Noah Feldman, a Harvard Law professor, bashed legal systems created by Western countries including the United States and argued Sharia law is more ‘just’ and ‘fair’ than the US Supreme Court.

Law professor Noah Feldman’s cryptic warnings this week about the afterlife – in the context of the House impeachment hearings – qualify as the most bizarre, um, “argument” yet against those who oppose moving forward with efforts to remove President Trump from office. During questioning with the House Judiciary Committee, the Harvard faculty member (a Democrat operative who has on four previous occasions publicly voiced desire for Trump to be impeached) defended his advocacy for the impeachment (and ultimately, removal) of the president by urging all present to think about meeting “Madison and Hamilton” in the afterlife, “ . ....

Harvard Law School professor Noah Feldman, one of the anti-Trump witnesses at yesterday’s impeachment inquiry, is reportedly playing a critical role in Facebook’s establishment of its content oversight board, colloquially dubbed the “Facebook Supreme Court.” The oversight board will, among other things, review cases from banned Facebook users who argue that the termination of their accounts was unwarranted. It is meant to give banned users the right to appeal — but this is corporate due process, not state due process. The “Facebook Supreme Court” will be set up by Facebook and could be shut down at any time by Facebook.

It is tempting to describe Wednesday’s impeachment hearing before the House Judiciary Committee as a farce. But it was worse than that. It made a travesty of fairness. With Chairman Jerrold Nadler, D-N.Y. at the helm of the Judiciary Committee, there was no real chance that President Trump would be treated equitably. After all, Nadler’s confederate and chairman of the House Intelligence Committee, Rep. Adam Schiff, D-Calif., had already obliterated any semblance of due process in impeachment hearings before his committee. The Schiff hearings were a lollapalooza of hearsay, opinion and grotesque speculation. So there was no reason to believe...

In his impeachment preview, Scott notes that on Wednesday, the House Judiciary Committee will begin its hearings by taking testimony from four law professors: Pam Karlan, Noah Feldman, Michael Gerhardt, and Jonathan Turley. It’s easy to ridicule leading off with law professors, and it’s true that doing so isn’t the best way to capture the public’s interest. Logically, however, it makes sense to begin the hearings by discussing the standard for impeaching a president. One can then analyze the evidence through the prism of the standard. But this assumes that the discussion of the standard isn’t filtered through the prism...

Noah Feldman is a Harvard law professor and a prolific author. On 17 May, 2016, Noah Feldman somewhat grudgingly, but honestly, explained why Second Amendment supporters keep winning in the courts.  I wrote about it a few days later: In the Post and Courier article, Feldman is having an difficult time explaining why the Second Amendment should *not* be a fundamental right.  From the postandcourier.com:   With that, the court embraced the old slogan that if you outlaw gun ownership, only criminals will have guns. The court then held that the regulation wasn’t narrowly tailored because the city would...

Noah Feldman is a Harvard law professor and a prolific author. In an op-ed in The Post and Courier, Noah Feldman has penned an article that grudgingly admits that the Second Amendment is a fundamental right deserving as much respect as the First Amendment.  Feldman gets much wrong.  For example, he declares that the Supreme Court found that the Second Amendment is an individual right for the first time in 2008.  From bloomberg.com: The evolution of gun rights has an internal legal logic to it. The contemporary story starts in 2008 with the case of D.C. v. Heller, a 5-to-4...

Sapping the public's will to fight evil. One key reason why so few Americans are aware of the full nature and magnitude of the jihad threat is that the academic and media establishments labor so assiduously to cover it up. Those who are deemed the best minds of this generation devote their energies to convincing people that the threat is not as large as it is, or that it can be neutralized by adjustments to U.S. foreign policy (particularly the abandonment of Israel), or that the West is really just as bad, so we are hypocrites for opposing the jihad....

Senior lawyers in the Obama administration are deeply divided over some of the counterterrorism powers they inherited from former President George W. Bush, according to interviews and a review of legal briefs. The rift has been most pronounced between top lawyers in the State Department and the Pentagon, though it has also involved conflicts among career Justice Department lawyers and political appointees throughout the national security agencies. The discussions, which shaped classified court briefs filed this month, have centered on how broadly to define the types of terrorism suspects who may be detained without trials as wartime prisoners. The outcome...

Harvard Law School professor Noah Feldman touched off a fierce debate when he recently wrote in The New York Times Magazine that Islamic Sharia law represents the highest state of "the rule of law." But what many of Feldman's critics did not recognize is that his argument has been building over several years. Just as an old photographic print slowly becomes visible when immersed in developing solution, Noah's claims about the alleged virtues of Sharia first surfaced in his 2005 book, Divided by God written when he was still a professor at NYU. Three years later, Feldman, who helped draft...

The newest face thrust upon us by America's insatiable appetite for novelty belongs to one Noah Feldman. He's a 32-year-old assistant professor of law at New York University and author of a new book (his first) entitled After Jihad: America and the Struggle for Islamic Democracy. He's also been anointed chief U.S. adviser to Iraq for the writing of its new constitution. This announcement has been greeted by laudatory pieces, in places as varied as the New York Times, the Christian Science Monitor, and the Israeli daily Ma'ariv. The novelty? It's the combination. Feldman is Jewish (raised in an Orthodox...

Monday, May 19, 2003. Jihad is Over! (If Noah Feldman Wants It.) The newest face thrust upon us by America's insatiable appetite for novelty belongs to one Noah Feldman. He's a 32-year-old assistant professor of law at New York University and author of a new (his first) entitled After Jihad: America and the Struggle for Islamic Democracy. He's also been anointed chief U.S. adviser to Iraq for the writing of its new constitution. This announcement has been greeted by laudatory pieces, in places as varied as the New York Times, the Christian Science Monito, and the Israeli daily Ma'ariv. The...

With the fall of Saddam Hussein's regime, the United States has begun the daunting task of bringing democracy to a nation that has not known freedom. The consensus among many experts is that the Arab world and democracy are incompatible. Islam, the argument goes, breeds a submissive attitude - not only to Allah but also to political and religious leaders as well - that makes Muslims inherently incapable of participating in the rough-and- tumble world of electoral politics and of respecting the rights of minorities who follow a different religious or cultural path. In "After Jihad," Noah Feldman, a New...