Jonathan Turley
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Jonathan Turley | |
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Chicago, Illinois[2] | |
Spouse |
Leslie Turley (m. 1997) |
Academic background | |
Education | legal theory |
Institutions | George Washington University |
Website | jonathanturley |
Jonathan Turley is an American attorney, legal scholar, writer, commentator, and legal analyst in broadcast and print journalism.[3] A professor at George Washington University Law School, he has testified in United States congressional proceedings about constitutional and statutory issues. He has also testified in multiple impeachment hearings and removal trials in Congress, including the impeachment of President Bill Clinton and both the first and second impeachments of President Donald Trump.[4][5] Turley is a First Amendment advocate and writes frequently on free speech restrictions in the private and public sectors.[6][7][8] He is the author of The Indispensable Right: Free Speech in the Age of Rage (Simon & Schuster 2024).[9]
As an attorney, Turley has worked on notable cases in civil rights defense including the defense of Dr. Sami Al-Arian, NSA whistleblower David Faulk, protesters at the World Bank/IMF demonstrations in 2000, and the Brown family in their challenge to Utah polygamy laws. Turley has also served as counsel on prominent Federal cases including the defense of Area 51 workers, and as lead counsel in the 2014 challenge to the Affordable Care Act.
Early life and education
Turley grew up in a politically active
Turley served as a House leadership
He received a bachelor's degree from the
During the
Career
Prior to joining George Washington University, he was on the faculty of Tulane University Law School.[17]
His articles on legal and policy issues have appeared in national publications; he has had articles published in
Since the 1990s, he has been a legal analyst for NBC News, CBS News, the BBC and Fox News, covering stories that ranged from the Clinton impeachment to presidential elections.[26][17] He is on the board of contributors of USA Today[27] and is a columnist with The Hill.[28] He is currently a legal analyst with Fox News.[29]
Politics
This section needs expansion with: up-to-date content that follows some logical structure, e.g., chronology of date of published opinion, or grouping of stated opinions, with statements chronological within those (so evolution of perspective can be gleaned). You can help by adding to it. (January 2020) |
In appearances on Countdown with Keith Olbermann and
In
He has opined that the Supreme Court is injecting itself into partisan politics.[34] He frequently has expressed the view that recent [when?] nominees to the court hold extreme views.[35][36]
In October 2006, in an interview by Keith Olbermann of MSNBC, he expressed strong disapproval of the Military Commissions Act of 2006.[37] Commenting on the Military Commissions Act of 2006, which he contends does away with habeas corpus, Turley says, "It's something that no one thought—certainly I didn't think—was possible in the United States. And I am not too sure how we got to this point. But people clearly don't realize what a fundamental change it is about who we are as a country. What happened today changed us."[37]
When the U.S. Senate was about to vote on
Turley has said, "It is hard to read the Second Amendment and not honestly conclude that the Framers intended gun ownership to be an individual right."[40]
When Congressional Democrats asked the Justice Department to investigate the CIA's
Turley disagrees with the theory that dealing with
He has written extensively in opposition to the
He is a critic of special treatment for the church in law, asking why there are laws that "expressly exempt faith-based actions that result in harm."[44]
On October 11, 2016,
In a 2017 column for
In the wake of the
Obama administration views
In another commentary, Turley defended Judge Henry E. Hudson's ruling declaring the individual mandate in health insurance unconstitutional for violating the Commerce Clause of the Constitution: "It's very thoughtful—not a screed. I don't see any evidence this is motivated by Judge Hudson's personal beliefs... Anybody who's dismissing this opinion as a political screed has obviously not read the opinion."[49]
Turley described U.S. Attorney General Eric Holder in an op-ed as President Barack Obama's sin-eater, writing:
For Obama, there has been no better sin eater than Holder. When the president promised CIA employees early in his first term that they would not be investigated for torture, it was the attorney general who shielded officials from prosecution. When the Obama administration decided it would expand secret and warrantless surveillance, it was Holder who justified it. When the president wanted the authority to kill any American he deemed a threat without charge or trial, it was Holder who went public to announce the "kill list" policy. Last week, the Justice Department confirmed that it was Holder who personally approved the equally abusive search of Fox News correspondent James Rosen's e-mail and phone records in another story involving leaked classified information. In the 2010 application for a secret warrant, the Obama administration named Rosen as "an aider and abettor and/or co-conspirator" to the leaking of classified materials. The Justice Department even investigated Rosen's parents' telephone number, and Holder was there to justify every attack on the news media.[50]
In a December 2013 congressional hearing, responding to a question from Rep. Bob Goodlatte (R-VA) about presidential power in the Obama administration, Turley said:
The danger is quite severe. The problem with what the president is doing is that he's not simply posing a danger to the constitutional system. He's becoming the very danger the Constitution was designed to avoid. That is the concentration of power in every single branch. This Newtonian orbit that the three branches exist in is a delicate one but it is designed to prevent this type of concentration. There is [sic] two trends going on which should be of equal concern to all members of Congress. One is that we have had the radical expansion of presidential powers under both President Bush and President Obama. We have what many once called an imperial presidency model of largely unchecked authority. And with that trend we also have the continued rise of this fourth branch. We have agencies that are quite large that issue regulations. The Supreme Court said recently that agencies could actually define their own or interpret their own jurisdiction.[51]
On November 21, 2014, Turley agreed to represent House Speaker John Boehner and the Republican Party in a suit filed against the Obama administration alleging unconstitutional implementation of the Affordable Care Act, specifically the individual mandate.[52] In 2016, the federal court ruled that the Obama Administration violated the separation of powers in ordering billions to be paid to insurance companies without an appropriation of Congress.[53]
Testimony before Congress
The conceptual thread running through many of the issues taken on by Turley is that they involve claims of executive privilege. For example, he said that the president's claim of executive authority based on Article Two "would put our system on a slippery slope."[54] He has argued against national security exceptions to fundamental constitutional rights.[35][55]
He is a frequent witness before the House and Senate on constitutional and statutory issues,[56][57] as well as tort reform legislation.[17]
Turley has testified regularly during national controversies. He testified at the confirmation hearings of Associate Justice Neil Gorsuch,[58] Attorney General Loretta Lynch,[59] and Attorney General William Barr.[60] He also testified during the Clinton impeachment hearings.[5] Turley, in his capacity as a constitutional scholar,[61] testified in favor of the Clinton impeachment.[62][63] He was quoted extensively by congressman James Rogan during the Clinton impeachment hearings.[64]
Turley also testified in Congress against President
Views on Trump impeachments
On December 4, 2019, Turley testified before the House Judiciary Committee regarding the constitutional grounds for presidential impeachment in the
In his testimony, Turley objected to the effort to craft articles of impeachment around four criminal allegations: bribery, extortion, obstruction of justice, and campaign finance violations.[69] He argued that the evidence did not meet the standard definitions of those crimes, contrary to the testimony of three witnesses that such legal definitions have always been used as a measure for impeachment deliberations.[69] Turley characterized the charges against Trump as a lowering of impeachment standards to "fit a paucity of evidence and an abundance of anger."[70] The Committee ultimately rejected all four of those articles and adopted the two that Turley argued could be legitimate if proven: abuse of power and obstruction of Congress.[71] Where the Committee departed from the testimony was the rejection of Turley's call for more time to develop a more complete record rather than fulfill a promise to impeach by Christmas—an issue that was rekindled by the delay in the submission of the articles to the Senate as new evidence emerged in 2020.[72]
It was observed that his prior reasoning for the impeachment of President Bill Clinton contradicted the opinions he shared against the Trump impeachment.[66][67][68] Turley sought to clarify his positions regarding the two impeachments the next day in an op-ed.[73] Turley noted that in both hearings he stressed that a president could be impeached for non-criminal acts, including abuse of power, and House Judiciary Chairman Jerry Nadler ended the Trump impeachment hearings by quoting him to that effect. He has noted that the only disagreement was the sufficiency of the record and his calling on House to issue subpoenas for key witnesses such as former national security adviser John Bolton.[73] The push for additional time was due in part to Turley's concern that the House was going to impeach a president for going to the courts rather than yielding to congressional demands for witnesses and documents.[74] Given the short period of investigation, Turley objected that such a move would effectively make seeking judicial review as high crime and misdemeanor. He noted that both Presidents Richard Nixon and Bill Clinton were able to go all the way to the Supreme Court on their challenges before impeachment.[75] While Turley told the Committee that such judicial opinions were not required to impeach on obstruction, the abbreviated period of investigation undermined the foundation of that article.[76]
Turley was cited by both the White House and House managers in their arguments before the United States Senate in the Trump impeachment trial.[77] During the trial, Turley opposed the White House argument that impeachment requires a criminal allegation.[78] Turley wrote in The Washington Post that "If some of the president’s critics are adopting a far too broad understanding of impeachable offenses, the White House is adopting a far too narrow one."[79]
After the
Awards
Turley was ranked as 38th in the top 100 most cited "public intellectuals" (and second most cited law professor) in a 2001 study by Judge Richard Posner of intellectuals referenced in the media and public debates.[87]
In 2005, Turley was given the Columnist of the Year award for Single-Issue Advocacy for his columns on civil liberties by the Aspen Institute[17] and The Week magazine.[88]
In 2008 he was awarded an honorary doctorate of law from
He was ranked among the nation's top 500 lawyers in 2008.[90] Turley was found to be the second most cited law professor in the country as well as being ranked as one of the top ten military lawyers.[17]
In 2008 his blog was ranked as the top law professor blog and legal theory blog by the American Bar Association Journal survey of the top 100 blogs.[91][92] His work with older prisoners has been honored in various states, including his selection as the 2011 recipient of the Dr. Mary Ann Quaranta Elder Justice Award at Fordham University.[26] He has also been ranked in the top five most popular law professors on Twitter.[93] He has received other awards including the James Madison award and was declared one of four university fellows at the Utah Valley University in 2019.[26]
Prominent cases
Turley has served as counsel in notable cases; representing whistleblowers, military personnel, and a wide range of other clients in national security, environmental, and constitutional law cases. His cases as lead counsel have secured decisions striking down both a federal and a state law,[26] among them:
- Larry Hanauer, a House Intelligence Committee staff member falsely accused of leaking classified information to The New York Times[94]
- David Faulk, a whistleblower who revealed abuses at NSA's Fort Gordon surveillance programs[95]
- Dr. Eric Foretich,[57] in overturning the Elizabeth Morgan Act in 2003[96]
- Former Judge Thomas Porteous's impeachment trial defense[56] Turley characterized Porteous's chronic bribe-taking as merely being a "moocher", convicted on four articles of impeachment, removed as judge by a Senate vote of 94-2[97][98]
- Defendants in terrorism cases, including Ali al-Tamimi (the alleged head of the Virginia Jihad/Paintball conspiracy)-[99] On September 1, 2020, a federal court found that his challenges to his conviction had merit and ordered his release to Turley at Supermax in Colorado to drive back to Virginia to avoid risks of Covid-19.[100]
- Area 51 workers at a secret air base in Nevada.[101][102]
- Lead counsel in the litigation over the mass arrests at the World Bank/IMF protests in Washington.[103]
- Turley represented the Rocky Flats grand jury in Colorado[104]
- Turley testified on December 4, 2019, regarding the impeachment inquiry of President Donald Trump, regarding constitutional issues not supporting the impeachment of Trump.[105]
- Turley filed a challenge to the Libyan War on behalf of ten members of Congress. The lawsuit was before the United States District Court for the District of Columbia.[106]
Personal life
Turley married his wife, Leslie, in 1997. They have four children.[107][108]
Swatting
On December 29, 2023, Turley was targeted as part of
References
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The Senate also voted to bar him from ever holding public office in the future... The vote on the first count was unanimous, 96-0. On subsequent counts, the votes were 69-27, 88-8, and 90-6. Impeachment required a vote of two-thirds of the Senate.
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