Jury Nullification and the Spoils System
Jury Nullification: In its strictest sense, jury nullification occurs when a jury returns a Not Guilty verdict even though jurors believe beyond reasonable doubt that the defendant has broken the law . Because the Not Guilty verdict cannot be overturned, and because the jurors cannot be punished for their verdict, the law is said to be nullified in that particular case.
https://fija.org/library-and-resources/library/jury-nullification-faq/what-is-jury-nullification.html
We have a two tiered standard of justice in America. There is one standard that applies to federal employees, protected groups and democratic party members and another that exists for everyone else. In bright blue DC there is actually a third which decides cases based on a hatred of Trump and a defense of Hillary Clinton. All of which was made very clear this past week when an Obama appointed judge felt that simply telling the jury (which was comprised of 3 Clinton donors, one AOC donor and a parent of a school associate of one of the defendant's children) that the trial wasn't about Trump nor Clinton, would be enough. Did he really think that would be enough to insure a non-partisan verdict? As I said before the trial: the evidence, though overwhelming, would not bring in a guilty verdict. A DC jury simply cannot be trusted.
In the meantime, as the 2022 midterm election nears, Joe Biden has taken aim, as expected, at forgiving student debt:
"The U.S. Department of Education announced Wednesday that it will forgive all remaining debt for over half a million borrowers who attended and were defrauded by any campus owned or operated by Corinthian Colleges, the for-profit education chain that closed in 2015.
This is the department's largest single student loan discharge ever: An estimated 560,000 borrowers will automatically have their loans totaling an estimated $5.8 billion canceled. They don't have to apply for a borrower defense discharge; the department says it will discharge the loans without "any additional action on their part."
All students who attended an institution owned by Corinthian Colleges from the time it was founded in 1995 to the time it closed in 2015 qualify for the forgiveness."
https://finance.yahoo.com/news/biden-administration-cancel-5-8-092138267.html?fr=sycsrp_catchall
Every student loan "discharge" will ultimately have to be paid for by taxpayers, many of whom have either paid off their own student loans or never enjoyed the comforts of a lifestyle that comes with a college degree. It's a terrible thing for the party of spoils to do and it won't even help them in the midterms.
The Week:
Biden holds school lunch hostage:
"The Biden administration is using lunch money to hold ‘school districts hostage,’ the head of a conservative advocacy group said in response to the Department of Agriculture's announcement that it would require certain schools to allow trans students to use the bathroom of their preferred gender.
Schools awarded money from the Food and Nutrition Service (FNS), an agency within USDA, must specify in their policies that discrimination based on gender identity and sexual orientation is prohibited, the department announced in May. It also said allegations of such discrimination must be investigated.
"What you're seeing here is really the Biden administration saying ‘you're going to do what I want or I'm going to take your lunch money,’" Fight for Schools Executive Director Ian Prior told Fox News. "For the federal government to come in and really tie school nutrition and school lunch programs to this radical ideology is terrifying, and it's appalling."
https://www.foxnews.com/politics/biden-admin-holding-school-lunch-money-hostage-force-transgender-policies
The proposed assault weapons ban:
If the democrats can manage to play their cards right they might just get some legislation on guns. In the case of District of Columbia v. Heller, the U.S. Supreme Court on the one hand validated an American citizens right under the 2nd Amendment to own guns, but on the other hand, allowed legislators the ability to impose reasonable limits on this right. I'm sure there is a way to find the balance between gun rights and the reasonable limits that should be placed on gun ownership. There are those who disagree. Last night Tucker Carlson expressed concern that Biden and his handlers intend to disarm the nation.
Ongoing genocide:
Russia continues it's war against civilians as the US media relegates the war in the Ukraine to page 2 status. The Ukrainian government is prosecuting Russian soldiers for war crimes:
"The prosecutor general’s office said Tuesday it had already documented more than 14,000 war crimes , identified more than 600 Russian suspects and started prosecuting around 80 of them."
https://www.nbcnews.com/news/world/ukraine-prosecute-russian-war-crimes-investigation-kharkiv-burial-rcna31006
What have we learned?
We learned that certain people can never be trusted and the American democracy is in deep trouble. After a violent week we can now see the importance of religion and family values that are sorely missing from the current culture.
Here we learned the meaning of the old adage "While the cats away, the mice (or is it rats?) will play." Is everything suddenly allowed? What of the latest new rules?
I look forward to having a long conversation with the missing and the recently lost.
Cartoon of the week:
Honorable Mention:
Harley Moser
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"The national average for a gallon of unleaded gasoline hit $4.72 on Thursday, exactly six months after the Democratic Congressional Campaign Committee (DCCC) publicly thanked President Biden for a two-cent decrease."
That's just one of the most important issues in all the coming elections. What is truly incredible is that Biden's handlers seem to want gas prices high. It's for the cause of green energy, don't ya know! As for America's suffering? It almost seems as though they are glad.
...since the day after the last presidential election and until every insurrectionist is behind bars.
... not while one fascist election denier is still breathing.
I don't think radicals should be able to buy guns.
I agree. especially proud boys, oath keepers, 3pers, white supremacists, maga fucktards ...
"I agree. especially proud boys, oath keepers, 3pers, white supremacists, maga fucktards ..."
According to a RW hack.
Fuck Tucker Carlson.
Whining about the US media while citing an article by the US media.
When did you finally recognize that fact Vic?
I thought you and yours MAGA. Guess not...
Who is the 'cat' and who are the 'mice' Vic?
Who would that be?
Ian Prior.
I just love it when Republicans, who backed Trump, have no objections when Trump's elitist children are appointed to high-level positions in their daddy's administration, along with Attorney General Barr's son, and, of course, Ghoul-lee-onery's off, offspring. No outcry, there from are self-described ardent patriots.
Putin's Pal, "Dirty Diaper Don", invited the Russian Press to a closed-door session at the White House with Russian diplomats, and no one else. Not even his sub-par staff of half-wits, half-corrupt, spoiled brat kids.
When it comes to corruption, Republicans always take home that prize.
We need you to be more specific as to what you are calling "corruption."
We are standing on the "tipping edge of WWIII," a possible nuclear war against Russia, China, and North Korea, three dictatorships what
value domination over people as their prime imperative.
Yet, Right-Wing, Anti-Government advocates whim about the price of gas, not the fate of mankind, this planet or Ukraine.
Is it selfishness, or stupidity that drives the soulless?
We are?
The CCP just hit us with covid and Fentanyl. If that didn't start WWIII, nothing ever will!
Probably both. [deleted]
They can't even define what an "assault weapon" is, how do they plan on banning something they can't define?
If they couldn't define a woman, how could you expect them to know what an assault rifle is?
It's kind of like the illusive "fair share" bullshit. Never an answer. Just but, but, butisms
Great wrap once again Vic.............although I am sure some negative Nellie will come along and poo poo it............and probably more than one.
Popcorn while we await the arrival? hahahaha
I put down some old newspapers, just in case.
Agh, the Southern Red Necks, valiantly waving their Confederate Flags, burst upon the scene, here, on theNewsTalker.com, whenever an opportunity arises wherein, they might denigrate their sworn enemy, the United States of America.
Still smoldering from the Arse-Wiping in 1865, and preparing for the next Civil War, they seem unable to move on.
The Civil War was never about State's Rights. It was always about the right of lazy, white men to brutalize slaves, that White, Greedy Men might become grotesquely wealthy, as their counterparts, Corporate Billionaires, are today!
Evil always disguises itself in religious garb, fake doctrine, and violent acts of forced conformity.
More lethal weapons, less books!
Another weekly recap that stands reality on its head.
And I thought I was being kind. I didn't even mention the scripted address to the nation in which Biden says that our rights are not absolute.
I believe our President was referring to GUN RIGHTS, not the right to write FAKE NEWS and report it as authentic.
Whether one likes it or not, the 2nd Amendment is very specific. Tell us how it's not absolute?
When it comes to fake news, we had 5 years of it from the New York Times, Washington Post, MSNBC, CNN, & the networks of ABC, NBC, CBS and all their local affiliates.
Tell it to a jury! Oh, that's right. Durham already did.
It must really suck to be wrong every single time...
The next jury is in Virginia
How do you figure Hillary Clinton was responsible for FBI and CIA investigations into Trump's Russia connections which ran in 2014, 2015 and 2016, when Hillary retired from public service in 2013?
The CIA and FBI investigations into Trump's Russian dealings were legally predicated on Trump seeking out and establishing relationships and meeting multiple times with known Russian spies during his secretive negotiations to build Trump Tower Moscow which began in 2014 and continued right up to election day in Nov 2016.
Trump Junior and Rudy Giuliani admitted that this was true. Michael Cohen testified to it under oath during sworn testimony before Congress. If it were not true Cohen would have been charged with lying to Congress. He was not because the facts are exactly as outlined above. Deal with it!
Probably because those investigations didn't exist............except, it seems, in your mind. And it is really getting tiring, boring, and very VERY old
She was vigorously running for the presidency in 2016.
The CIA and FBI investigations into Trump's Russian dealings were legally predicated on Trump seeking out and establishing relationships and meeting multiple times with known Russian spies during his secretive negotiations to build Trump Tower Moscow which began in 2014 and continued right up to election day in Nov 2016.
It turns out that none were legally predicated. Even FISA applications were fraudulently filed. BTW the Mueller investigation should have uncovered all the things the IG and John Durham uncovered so far.
No matter how anyone feels about Trump, what was done to smear him and link him and others to Russia is an enormous scandal.
Americans know it now.
Muck too do about NOTHING! - Wm Shakeshift
"The Democratic primary for a Georgia county has been called into question after a hand count revealed the voting machines were off by thousands of ballots.
Marshall Orson, a Democratic DeKalb County school board member running for the county commission, asked the local elections board on Thursday to not certify the results as scheduled on Friday due to "numerous issues" with the race.
Orson asked for an "independent review" and a formal recount of the election in his letter to the board, The Atlanta Journal-Constitution reported.
"There is no rational basis for believing that there are not continuing issues with the results and the results should not be certified with the continuing existence of multiple substantive issues and concerns," Orson wrote. "Doing so would pose a substantial risk not only to the confidence the public will have in the overall election results from this race but could extend to the entire primary as well as the general election."
The initial Democratic primary results showed Orson winning for commission District 2 with Lauren Alexander in second place and Michelle Long Spears in third. This would have put Orson against Alexander in a runoff election.
However, Spears noticed that the results showed she received zero votes at most election precincts.
The secretary of state's office admitted late last month to making several programing mistakes in the ballot equipment that affected the final tally.
There was an attempted re-scan of the ballots in District 2, but ultimately a hand count was conducted, concluding around midnight on Memorial Day.
On Wednesday evening, the results of the hand count were released, showing former last-place candidate Spears now in first place and headed to a June 21 runoff against Alexander. Former first place candidate Orson was pushed to third place.
Spears gained about 2,600 votes from the original tally, while Alexander gained a few hundred, the Journal-Constitution reported. Orson lost about 1,600 votes from the original results.
The Dekalb County elections board is scheduled to certify the election results Friday afternoon.
Georgia has been the site of numerous election controversies following the 2020 presidential election.
For example, a complaint filed in April to the Georgia State Election Board claims that more than 300,000 ballots in the 2020 election were unreliably recorded in state's largest county of Fulton."
Oh wait! Tell them everything has been looked at and it's all been fair! There is no such thing as mistakes or voter fraud! /S
Still tilting at windmills? Trump lost by seven and a half million votes!
To this guy?
With the recounts going on in Pennsylvania and Georgia, you're going to have do better to prove that.
Were the same machines used in 2020? If so, how do we know for certain the same mistakes weren't made then as well?
Hand recount. And from the linked article:
For whatever reason, be it nefarious or benign, the machines were misprogrammed. If such a thing had happened in the 2020 election, wouldn't the Republican secretary of state have said so?
A lot of implied questions with this. I imagine many would make the left cry.
How many judges rejected Trump's claims?
Yeah, I'm not delving into unrelated garbage like your infatuation with the previous POTUS.
In a perjury trial?
Except your comment #6 was about Trump's false claims of election fraud. So, there's that!
EXCEPT IT WASN'T
Yea yea, heard it all before...it's the new mantra, every time a republican loses, the election was rigged in some way, (without proof), there was massive voter fraud, (without proof), etc.. But if they win? The elections aren't rigged and there was no fraud....every....fucking....time. In the big picture sense, republicans radical, extremists agenda is losing popularity. People are tired of kids being killed in schools and watching the GOP literally do nothing but soak up some more NRA money. People are tired of the same tired old excuses about why republicans lost.
Remind us again, how much proven voter fraud was there in the 2020 election? 6 whole cases? Three of which were trump supporters voting twice?
Save it.
Of course machines can be tampered with, which is why Canada uses paper ballots and pens and are hand counted, so no "hanging chads", no mistakes and screwing with the machines, and the count is accurate. So what if it takes a little longer? The final results are not required for the next day. Look at the Presidential election. People vote in November for a result that happens the next January. What's the rush?
This just in:
"Disgraced attorney Michael Avenatti was sentenced to four years in prison by a federal judge Thursday for stealing nearly $300,000 in book advance money from porn star Stormy Daniels."
He was going to see Trump in jail! He never told us from which side of the bars.
Remember when democrats believed every word he said?
Believed every word he said. Hell they were hailing him as their next President of the US! They were fawning over him so badly it was sickening.
... and now - total amnesia.
Almost as much as the GOP fawned over their 'Young guns', Eric Cantor, Paul Ryan and Kevin McCarthy. They were a flop too.
The GOP fawned over them?
That is silly. BTW the way I wouldn't compare congressmen to a dishonest lawyer.
Selective memory Vic?
It's a fact.
My bad, I shouldn't diss dishonest lawyers that way.
You'll have to refresh my memory. How were they "fawned over?"
It's a fact.
PROVE IT!
My bad, I shouldn't diss dishonest lawyers that way.
No you shouldn't. Too many rotten lawyers never get prosecuted.
Your honor, the prosecution has entered into unsubstantiated "facts" without a proper foundation.
Really?
How about citing some of that "fawning" you imagined happened.
Video would be nice.
Tootles...
"Almost as much as the GOP fawned over..."
"Espositi's winding up wide, and uncorks a Hail Mary..."
Well gee Vic, history tells me that Paul Ryan was the Speaker of the House [which he sucked at] before he was nominated by the GOP to run with Romney, Eric Cantor was the Majority Leader until he was primaried when the RW started to eat their own and let's not forget the mini trump liar, Kevin McCarthy, who is now the Minority Leader.
That covers your seed quite well.
See 7.1.9. Each was elected to leadership, and each has been a spectacular failure.
Of course, that does not answer the request.
Again, show the fawning you imagined with video.
Just because they are elected officials and leaders of parties does not mean they were fawned over. They were chosen because it was believed they were the best choice for the job.
No matter how successful or failed they have been/were.
Oh now you think you can demand what media I use to post?
Fuck off bugsy.
Hm, I think this is the second "fuck off" I've received from this poster this seed.
Isn't this a ticket?
BTFW, Dulay, you used zero media to show your biased triggered response.
Maybe do better next time?
Who's counting?
Apparently bugsy.
Allegedly, the RA.
And not well.
Maybe do better next time?
Tha's an obtuse statement bugsy.
I cited historical facts:
Those are ALL facts with added commentary. While my memory isn't prefect, I didn't need ANY media to garner those facts, they happened quite recently. In fact, McCarthy's most recent lies were just documented at the end of April of this year.
Now, if your memory fails you and YOU need 'media' [video in particular] to authenticate those facts for yourself, I recommend that YOU adult and do so. I'm sure that you'll find that I did just fine citing their leadership history.
Wrong again.
They are biased triggered responses based on opinion only, with no factual backing.
Just like the majority of your posts.
Really bugsy?
So, you're claiming that Paul Ryan was NOT the Speaker of the House before he was nominated by the GOP to run with Romney and that Eric Cantor was NOT the Majority Leader until he was primaried and that Kevin McCarthy, Is NOT a proven liar who is now the Minority Leader.
Your comment is utter bullshit bugsy.
Nope, she doesn't want to be in the middle anymore.
In the middle of what Vic?
Perrie is the RA and therefore in the middle of everything.
Is that so?
Who is moderating today?
Why do you ask ME questions when you fail to answer my questions Vic?
I really don't know.
Wow, unique introspection.
Good, he's a scumbag.
That he was.
No different from republicans believing every word their 'vaunted' lawyers said.
Oh but it is. Avenatti didn't make false statements in court filings, Trump's lawyers did.
He stole from his client.....you know the client he used to get all that nationwide attention.
I don't think you understand the dimensions of it.
I know. Point?
As usual, you're mistaken.
Your comparison of apples to oranges.
As usual, you're mistaken.
As usual, you failed, personal attacks and all.
Thank you, Vic, for always being correct on here.
It's refreshing.
What comparison is that Vic?
Are you such a delicate flower that you feel personally attacked when told you are mistaken Vic?
Institutional credibility is a tenuous thing. Ask the media.
I don't think any reasonable person believes the exact same jury would not have convicted a Trump campaign official on the exact same facts. But suddenly, when it's a Clinton campaign lawyer caught lying to the FBI, a partisan jury suddenly decides that the government has more important things to do than worrying if someone lies to the FBI.
Democrats have watched their party politicize the DOJ, the FBI and turn them into activist arms of their party. I guess they feel compelled to now apply that logic at the local level and dispense justice on the basis of politics.
Not a good day for the country.
DeSantis vetoes funds for Tampa Bay Rays practice facility after team tweets on gun control
https:// trib.al/pN17ULa
The message is clear: sports teams need to stay out of politics!
The message is clear: DeSantis doesn't give a fuck about the 1st Amendment!
"The message is clear: DeSantis doesn't give a fuck about the 1st Amendment!"
Yea step on 1a and 4a and watch 'em squeal.
Sure he does. Everyone in the US has freedom of speech and can say as they please. But there can and usually will be consequences either good or bad. This time it's bad...........for them.
You can yell fire in a theatre but you had better be ready for said consequences.
Not sure how you equate that with donating $50,000 to Everytown for Gun Safety’s Support Fund.
Do you know what the 1st Amendment actually is? You appear not to. The 1st Amendment is what prevents government from providing you with those consequences for something you say. Both the Tampa Bay Rays, and Disney World have 1st Amendment violations by DeSantis.
He can't. There is no comparison between them. It is just all he has to try (and fail) to defend DeSantis with.
Then they should sue; do you see either entity threatening that?
No, want to know why- because they get more tax breaks than those; and more special treatment. They don't want to piss off the powers that be even further.
Notice we don't see the left screaming at Biden over holding public schools lunch money hostage until they cave into the Democrats sick demands of letting students go to the bathroom they sexually identify as. So much for free speech. Biden and Democrats could give a rat's ass about free speech or kids. Everything is a political tool to them. Now they are pissed Republicans are playing the same damn game.
Wrong...
They can say what they want, but there are repercussions with what is said.
After all, you leftists claim that since twitter, facebook, etc, are private companies, they can censor who they want.
Same goes with taxpayer funds going to a private company.
Actually, yes I have. Disney filed suit. The Rays thingy JUST happened. Give them time...
Wrong, Wrong, WRONG.
The GOVERNMENT cannot punish people for practicing their 1st Amendment rights and the SCOTUS ruled that corporations are people.
Wrong wrong wrong.
The government can withhold funds for improvements to facilities. Facilities are not people.
You should check in with your thumbs up buddies to remind you how y'all feel about 'parsing words'.
If the fucking 'facility' is a corporation, they sure as hell are bugsy.
Well since the right stopped bitching about Union donations, I guess they recognize the goose gander thingy...
I didn't know they stopped, when was that?
What exactly is the goose gander thingy?
I haven't heard that sort of bitching of late.
Are you unaware of the idiom 'What's sauce for the goose, is sauce for the gander'?
Oh, is that what you meant.
Well if you haven't heard it, it must have stopped.
Nope...wrong again. An arena, partially funded by taxpayers throughout its life, is not people.
The government can withhold funds at any time.
[Deleted]
DeSanis:
Again, the SCOTUS ruled that a 'private corporation' IS a 'person' with 1st Amendment rights. I suggest you review the Citizens United ruling.
Secondly, it's pretty fucking ironic that the Florida Sports Foundation, which is a state funded agency, has a mandate to promote these kinds of projects and their 'Grapefruit league' in particular. MLB spring training brings in close to 700 MILION to Florida and creates over 7000 jobs every year.
NOT if it is in retaliation for practicing 1st Amendment rights, which DeSantis clearly states was his motivation.
For the millionth time.
Most sports arenas are funded partially, if not fully, by taxpayer monies.
If DeSanis (whoever that is) wants to take monies out of a budget for taxpayer money going to an arena funded by taxpayers, he can. It's called veto and the Florida governor, DeSanTis has done it more than once.
Of course, little bitch leftist whiners will scream that he is not allowing for first amendment rights, then maybe they can use THEIR first amendment rights against DeSantis and fund it themselves.
BTFW, Dulay, wokeness in Florida is going away via corporations getting thier asses handed to them by real Americans who give a shit about first amendment rights.......and the best part about it is visitor numbers have not taken even the smallest hit.
You can rinse and repeat that bullshit all you want. Retaliation for practicing 1st Amendment rights is a violation of the Constitution.
Wow, that's a galactically obtuse statement bugsy.
BTFW, Disney is really hurting from that boycott thingy. /s
Good. Maybe Disney will offer space.
Tell it to Brooks Raley.
Listening to monumentally stupid morons who fabricate bullshit fantasy conspiracy theories about jurors and fantasy election fraud whenever they lose a trial or an election is truly tiresome. They are the very definition of 'sore losers'. In their tiny Neanderthal brains they cannot imagine that their miniscule right wing religious conservative world view isn't shared by everyone so they can't comprehend reality when they lose.
When they win, even in elections where they can win even when they get millions fewer votes than their opponents, they pretend they have some sort of mandate from God and that their faux righteousness was rewarded. They pompously shove the win in anyone and everyone's face and reject any criticism while taking all the credit and proclaiming that "the people have spoken!" acting as if they actually had any majority support. When they lose it's all about how the opponent must have cheated, they must have rigged the trial or the election, they must have bribed the jury, anything to absolve taking responsibility for being rejected.
There was no 'jury nullification', the defense had a fucking weak case and these simpletons know it. They were grasping at straws as it was but they were desperate for anything to stick to Hillary who right wing conservatives have crafted into a hated evil witch straw man. I mean, I don't really like her at all, but she's definitely not some shadowy bond villain as conservatives claim. They were so fucking desperate that the best that a several years long partisan investigation could come up with was "An attorney misrepresented who he was working for when he tipped off the FBI that the media was going to run some Trump Russia connection stories! That evil criminal!".
And they do this all while ignoring the hundreds of thousands illegally paid out of campaign funds by their hero to his porn star whores to keep them silent during the campaign, had a campaign manager who a Republican led Senate investigation concluded “represented a grave counterintelligence threat” due to his relationship with Russian operatives and willingness to share sensitive campaign data, had nearly a dozen campaign staff arrested and either convicted or plead guilty of multiple crimes including lying for their boss, had two dozen accusations of sexual misconduct, tried to extort another countries President into giving him dirt on a political opponent and clearly inspired his rabid supporters to attack the Capital in an attempted coup. But none of that matters to these brain dead dip shits, no, its all about some random attorney who didn't disclose his connection to Hillary which was already widely known by the FBI. I used to feel a little sorry for these abject morons and fools, but now I realize that, like a dung beetle, they enjoy rolling in shit and take pride in being deplorable and aren't worth an ounce of sympathy.
Personally, I don't see any reason whatsoever to "find a balance" when "reasonable limits" IS the balance and what kind of idiot would disagree with that.
To be filed under Obama's bastardization of Title IX:
"As the Biden administration prepares to return to the Obama administration's pro-accuser approach to campus sexual misconduct, a federal appeals court has questioned many of the practices likely to reemerge in forthcoming proposed regulations .
Mukund Vengalattore has a "private right of action" as an employee under Title IX to pursue sex discrimination claims against Cornell University for the "irregular" investigation of his former graduate assistant's allegations, the 2nd U.S. Circuit Court of Appeals ruled Thursday, remanding both Title IX and defamation claims for further proceedings.
While a state appellate court said the allegations had not "improperly influenced" Cornell's rejection of tenure for the physics professor, whose term ended in 2018, Vengalattore argued in federal court that Cornell's "knowing communication of false findings that he had a sexual relationship with a student and lied about it" had kept him from getting hired elsewhere.
The case was unusual because Vengalattore and grad student Yogesh Patil, both from India, alleged his accuser and a tenure review committee member made stereotypical comments about Indians in his lab. Cornell withheld Patil's doctorate and threatened to expel him after he created a website defending his professor, though he's now a postdoc at Yale .
Judge Jose Cabranes, who has spoken freely of his concerns about rising illiberalism on campus , wrote a concurrence warning that the "growing 'law' of university disciplinary procedures, often promulgated in response to the regulatory diktats of government," had produced procedures comparable to "the infamous English Star Chamber."
Vengalattore's accuser had confided in another professor in 2013 that she would make it "hard" for him to get tenure, according to the court's summary.
Early in his tenure review, she claimed without effect that he "angrily" threw an object at her. Two days after the review committee recommended tenure, she accused Vengalattore of rape followed by a consensual relationship in 2010 and 2011.
Investigators didn't mention the rape claim until hours into his interrogation and then refused to stop when he asked for counsel. They also refused to share the specific date of the rape beyond the month. He denied both claims and was ultimately found responsible for the relationship.
Noting the case resembles others it has decided, the three-judge panel found Cornell used "fundamentally skewed" procedures in the investigation, first ignoring the "explicit time limits" for making sexual misconduct claims, then moving it to the wrong office to get around those restrictions, but correctly following procedures "that lessened protections for the person accused."
Investigators ignored 10 Vengalattore witnesses — including one who gave the tenure appeal committee "first-hand evidence" the accuser had "both proclaimed and exhibited bias against men" — and "declined to explore" the accuser's statements about contemporaneous relationships with other men.
The panel was also baffled by the investigators' conclusion that "lack of evidence ... actually supported" the accuser's claims of a sexual relationship because "secretive relationships" between faculty and students can stay secret.
Vengalattore's claims are even stronger in light of President Obama's Title IX guidance, which warned that schools could lose federal funding for not preventing "unwelcome sexual advances" by faculty toward students, and Cornell's inclusion on the Department of Education's list of schools "suspected" of lacking adequate procedures.
Title IX lawyers told Just the News they didn't expect the ruling to affect the pending regulations, however.
The ruling concerns "what legal causes of action are available in court," Warshaw Burstein's Kimberly Lau said. The bigger effect is creating a split with the 5th Circuit by applying Title IX to faculty.
Even so, the decision's language is "strong in part for due process in university disciplinary proceedings and references the requirement for 'fairness' and 'due process' specifically," Nesenoff and Miltenberg's Marybeth Sydor said.
The New Civil Liberties Alliance , which represents the professor, thanked the court for giving him "the opportunity to expose the extreme lack of due process he suffered at Cornell's hands."