For those interested in my testimony, here it is. I noted that "the debate has turned into a debate over the colloquial versus technical uses of the term 'tear gas,' which may not be determinative to our analysis...…
...The government refers to “pepper spray” as a “riot control agent.” One photo purportedly shows a clearly labeled “Skat Shell OC.”22 Oleoresin Capsicum refers to an irritant derived from pepper plants but it has the same effect of what people associate with tear gas...
...Congress should be able to confirm if the Park Police has misrepresented the devices used in the operation. However, the agencies have continued to maintain, including in communications with Congress, that no tear gas was used in the operation...
...For the purposes of legal analysis, the technical distinction may prove less important to the conclusions. Courts often group the use of tear gas and pepper spray together in court orders."

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More from @JonathanTurley

31 May
The University of California will be ending the use of the SAT and ACT in its admissions decisions. It is hoped the change will increase diversity, particularly after voters refused to lift a ban on affirmative action in education...…
...Ending standardized testing will have a notable impact on legal challenges to the use of race in college admissions. There are likely to be be few “statistical disparities” when there are no objective statistics.
...Moreover, instead of addressing the failure to educate kids in these communities, the push is to get rid of the testing itself. The deficiencies will remain — but the ability to expose them will be gone. ...
Read 4 tweets
30 May
I have never understood leagues from football to tennis requiring athletes to speak with the media. They have every incentive to do so in terms of marketability. Yet, if (like Osaka) they do not want to do so, the decision should be respected not punished.…
I fail to see why the media does not adopt a policy respecting not just the right to speak with them but the right not to do so. Compelled interviews hardly reflect journalistic values, let alone free speech values.
Billy Jean King just tweeted that this is part of the game. I get why teams and leagues want athletes to speak to the press. However, Osaka's silence does not make her any less of an athlete and she may have personal issues with such exposure...
Read 4 tweets
13 May
Biden refused to say if he knew that the company paid millions to the open the pipeline, as widely reported. This is a form of terrorism but the President will not say if he knew that they had been paid the ransom. He simply gave a "no comment"...
...These pipelines work closely with the government and it would be reasonable to expect Biden to state our position on paying off cyber terrorists. Administration officials have dismissed questions by saying this is a private company despite the huge national security concerns.
...Cyber terrorists just sent our East Coast into chaos and the President has no comment on whether he knows about the ransom and whether his Administration discouraged this company from giving into terrorists...
Read 4 tweets
5 May
Even Facebook’s self-criticism is self-contradictory. If your company banned someone permanently without having a basis or standard, why is the proper response to look for a standard as opposed to lifting the standardless ban?…
...It is like a judge saying that I believe that the police had a reason to arrest you but I cannot see a reason for keeping you indefinitely in jail . . .  so I am going to keep in jail while we look for a reason to keep you indefinitely in jail...
...That is the logic when your natural default is "content modification" and speech controls.
Read 4 tweets
2 May
Council of Economic Advisers chair Cecilia Rouse told Fox Sunday that we need a minimum global tax rate for corporations. She insisted that it is the only way to guarantee that "corporations are paying their fair share worldwide." However, ... sounds more recognizing that the Biden hike would price us out of the market so we want to change the market. The question is why other countries would agree when some are already discussing lowering their rates...
...The problem may not be economic but legal and political. Even if you get all of the G20, corporations could still shift profits to other countries with lower taxes. Corporations are rational actors who will seek the lower tax exposure...
Read 5 tweets
28 Apr
The District Attorney has said that Brown drove toward officers and may have made contact with at least one officer.… Cars in such contact cases have been treated as potentially lethal weapons in the authorized use of force...…
...However, some departments like the LAPD have rules against such justification. “Firearms shall not be discharged at a moving vehicle unless a person in the vehicle is immediately threatening the officer or another person with deadly force by means
other than the vehicle...
... the moving vehicle itself
shall not presumptively constitute a threat that justifies an officer’s use of deadly force. An officer threatened by an oncoming vehicle shall move out of its path instead of discharging a firearm at it or any of its occupants. “
Read 4 tweets

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