List

Trump’s arguments for immunity not as hopeless as some claim

Retrieved on: 
Monday, January 8, 2024

Former President Donald Trump’s claims of immunity from criminal prosecution will be argued before the U.S. Court of Appeals for the District of Columbia Circuit on Jan. 9, 2024 – on an interlocutory appeal from his trial for election interference.

Key Points: 
  • Former President Donald Trump’s claims of immunity from criminal prosecution will be argued before the U.S. Court of Appeals for the District of Columbia Circuit on Jan. 9, 2024 – on an interlocutory appeal from his trial for election interference.
  • His arguments have been rejected by a district court judge, and the Supreme Court has declined to weigh in – for now.
  • Commentators have described his immunity arguments as “frivolous” and “absurd.” But such accounts underestimate the arguments’ weight and at times misconstrue them.

A related absolute immunity already exists

  • His first line of defense claims that his actions are covered by a constitutional immunity protecting presidents when they act in their official capacity.
  • They are saying he can’t be prosecuted for so-called “official acts.” A related immunity has been recognized in the past.
  • In 1982, the Supreme Court recognized that presidents have absolute immunity from civil lawsuits for their official actions.
  • Nevertheless, it is conceivable that courts would recognize presidential criminal immunity for official acts.

The complication from the impeachment clauses

  • But he went on to claim that since he was acquitted – only 57 senators voted to convict him, short of the 67 needed – he was not liable for criminal prosecution.
  • The New York Times called it an “even more audacious argument” than his claim of absolute immunity.
  • Indeed, impeachment proceedings are very rare, and most eligible offenders never face an impeachment.
  • Moreover, as the critics point out, criminal acts may be discovered after the person in question has already left office.

Does acquittal in an impeachment proceeding create or preserve criminal immunity?

  • That claim, if upheld, would provide Trump with criminal immunity whether presidents enjoy absolute immunity or not.
  • The claim would work only if Trump’s impeachment and his criminal prosecution were based on the same acts – an allegation that is disputed by the special counsel.
  • Here, Trump acknowledges that an impeachment conviction removes that protection – but insists that an acquittal does not.


Ofer Raban does not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.

Spycatcher scandal: newly released documents from the Thatcher era reveal the changing nature of government secrecy

Retrieved on: 
Thursday, January 4, 2024

The capital city, Hobart, had a bit of a “living at the edge of the world” feeling in those days.

Key Points: 
  • The capital city, Hobart, had a bit of a “living at the edge of the world” feeling in those days.
  • It seemed about as far away from anywhere as you could get.
  • A British spy had “secretly” been living only a few miles away in the sleepy town of Cygnet.
  • The prime minister followed the exchanges closely, as revealed by her handwritten comments across documents.
  • It begins, of course, with the elusive Wright – in my mind’s eye in the 1980s, I had expected him to be a dapper figure in a pinstriped suit.
  • In court, Armstrong would face none other than the up-and-coming Australian barrister Malcolm Turnbull, appearing for Wright’s publishers.
  • What the papers released by the National Archives provide is something rather more than just a good story, however.

That was then …

  • Even the names of the leaders of MI5 were a closely guarded secret, never mind the workings of their organisation.
  • It was simply not the done thing to discuss issues of national security in public.
  • Advice was offered and arguments made behind closed doors and away from the public gaze.
  • In the 1980s, it was still possible for government to believe it might be able to control the spread of information.

This is now …

  • Modern expectations of transparency mean that governments are now governing in public, whether they like it or not.
  • Where once the heads of MI5 had their identities protected, we now find them striding the public stage.
  • Stella Rimington, the director general of MI5 in the mid 1990s, published her own autobiography in 2001.
  • Their attempt to quash what turned out to be a rather innocuous book turned it into an international cause celebre.


The Spycatcher saga is a reminder that the nature of British government has changed. It shines a light on the extent to which something seen as an extraordinary public scandal in the 1980s would be seen as far less remarkable today. Modern governments are far more used to the norms of governing in public – for good or ill – in our more transparent age.
Dennis C Grube received funding from the Australian Research Council in 2013 (grant number DE130101131) for a previous project on the public face of government.

School board members could soon be blocked from blocking people − and deleting their comments − on social media

Retrieved on: 
Thursday, January 4, 2024

If a school board member has a social media account, would it be wrong for them to block someone and delete their comments?

Key Points: 
  • If a school board member has a social media account, would it be wrong for them to block someone and delete their comments?
  • That’s a question the Supreme Court has decided to take up after public officials, including two school board members, blocked constituents from seeing their accounts or removed critical comments.
  • At stake is what constitutes state action – or action taken in an official governmental capacity – on social media.

The school board case

  • Beginning around 2014, two school board candidates in the Poway Unified School District in San Diego created Facebook and Twitter, now X, pages as part of their campaigns for office.
  • In 2017, the school board members blocked a couple with children in the district from commenting on their pages.
  • In the resulting case, O'Connor-Ratcliff v. Garnier, the U.S. Court of Appeals for the 9th Circuit affirmed that the two school board members violated the Garniers’ First Amendment rights to free speech and expression.
  • And third, the board members solicited constituent input about school matters on the social media pages in question.
  • This is because at the time the school board members blocked the Garniers, no court had yet established whether the First Amendment applies to public officials’ speech in the context of social media.

Critical comments over COVID-19

  • Once in office, he used the page for both personal and professional reasons, posting updates about his family as well as policies he was working to implement.
  • During the pandemic, constituent Kevin Lindke posted on Freed’s page, criticizing his handling of the public health crisis.
  • Freed deleted Lindke’s comments and blocked him from the page.
  • In Lindke v. Freed, the 6th Circuit affirmed that Freed did not violate the First Amendment in deleting and blocking Lindke’s comments.

The future of the cases

  • Both cases not only have consequences for citizens’ First Amendment rights but also for social media companies and users.
  • The Court may decide whether social media platforms such as Facebook and X can be liable for allowing a public official to block private citizens from commenting on their accounts.
  • These cases might also establish rules and standards about how public officials can control their social media accounts and the role of the courts in these disputes.


Charles J. Russo does not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.

Vivek Ramaswamy is the millionaire millennial running for US president. Is he running towards a career low?

Retrieved on: 
Saturday, December 30, 2023

The 38-year-old political novice is one of the America’s wealthiest millennials and made his fortune as a biotech entrepreneur.

Key Points: 
  • The 38-year-old political novice is one of the America’s wealthiest millennials and made his fortune as a biotech entrepreneur.
  • The Harvard-educated son of Indian immigrants with a successful business pedigree presents himself as an anti-establishment outsider.
  • Associated Press reporter Bill Barrow says that Ramaswamy wants to be the candidate that “can return Trump’s ‘America First’ vision to the White House without the baggage”.

Trump’s biggest fan

  • Ramaswamy is a huge admirer of Donald Trump, calling him the “best president of the 21st century”.
  • But in a clear attempt to differentiate himself from the former president, he has sought to put forward policies that are more extreme than Trump’s agenda.

No more support for Ukraine

  • Writing on the American Conservative website he proclaimed a desire to follow the foreign policy path of Richard Nixon’s “cold and sober realism”.
  • Ramaswamy provided an illustration of how this would manifest itself under his presidency.
  • Citing the war in Ukraine and how his administration would negotiate a deal to end the conflict he wrote: “A good deal requires all parties to get something out of it.

Republican supporters?

  • His nationalistic populist foreign policy agenda and deeply conservative positions are now the hallmarks of the modern Republican party.
  • Yet polling ahead of the Iowa Republican presidential caucuses on January 15 2024 is not positive for Ramaswamy.
  • He is struggling to resonate with Republican voters and has been languishing in the polls, far behind Trump and other challengers.

Following in Trump’s shadow

  • Some observers have stressed Ramaswamy’s difficulties rest with his inability to consistently embody the outsider image that he wants to project.
  • So it looks like he is heading out of the race, with egg on his face.


Richard Hargy does not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.

Wolf protection in Europe has become deeply political – Spain's experience tells us why

Retrieved on: 
Tuesday, October 17, 2023

Over the past decade alone, they have expanded their range on the continent by more than 25%.

Key Points: 
  • Over the past decade alone, they have expanded their range on the continent by more than 25%.
  • This resurgence was brought into sharp focus in September 2023 following a controversial statement by Ursula von der Leyen, president of the European Commission.
  • An examination of Spain’s motivations for protection may provide some insight into what motivates countries to adopt such different approaches to coexistence.

What does coexistence mean?

    • Our findings revealed three distinct and, to some extent, conflicting views of what coexistence means and how it should be achieved.
    • They saw people as a part of nature and interpreted coexistence as a state where the wolf was controlled to not disrupt pastoral activities.
    • They saw coexistence as a state where human activities were controlled so that wolves could roam free.

The politics of wolf conservation

    • Podemos, one of the left coalition parties, submitted a proposition for strict wolf protection in 2016 (when they were in opposition) in collaboration with pro-wolf advocacy groups.
    • These criteria do not consider how stringent wolf protection measures might affect other cultural or ecological values, like pastoral farming systems.
    • Spain’s decision was also influenced by the protectionists’ view of the wolf’s conservation status.
    • For example, an assessment submitted to the International Union for Conservation of Nature Red List in 2018 indicates that the Iberian wolf population is large, stable and slowly expanding.

This nature or that nature?

    • Science plays a crucial role in evaluating various policy options and their consequences, such as the effect of an increased wolf population on sheep or deer behaviour.
    • That choice depends on what people, livestock and wildlife in a particular place need to live well.
    • With this in mind, it is concerning that the pragmatic interpretation is largely overlooked in the debate.
    • Every Wednesday, The Conversation’s environment editor writes Imagine, a short email that goes a little deeper into just one climate issue.

Publications - Follow-up to the DGs discharge hearing - Committee on Budgetary Control

Retrieved on: 
Wednesday, October 4, 2023

Follow-up to the DGs discharge hearing

Key Points: 
  • Follow-up to the DGs discharge hearing
    - Ms Christophidou, DG REGIO
    - List of 36 operational programmes with deficiencies in the functioning of management and control systems (PDF - 183 KB)
    - List of 24 operational programmes with deficiencies for part of the Programme (DOCUMENT - 14 KB)
    - List of Audit Authorities with weaknesses and requested improvements (PDF - 89 KB)
    - List of reservations (PDF - 279 KB)
    - Mr Koopman, DG NEAR
    - Mr Lemaître, DG RTD

FTC Joins with CFPB in Filing Amicus Brief Urging Reversal of Decision Misinterpreting FCRA’s Requirement to Remove Disputed, Unverified Credit Information

Retrieved on: 
Friday, September 29, 2023

The CRAs sent the dispute to the credit card companies for investigation.

Key Points: 
  • The CRAs sent the dispute to the credit card companies for investigation.
  • In their brief, the FTC and CFPB disputed the district court’s interpretation of the FCRA.
  • Inaccurate information on a consumer report can hamper people’s ability to get housing, employment, and credit.
  • Follow the FTC on social media, read our blogs and subscribe to press releases for the latest FTC news and resources.

FTC Joins with CFPB in Filing Amicus Brief Urging Reversal of Decision Misinterpreting FCRA’s Requirement to Remove Disputed, Unverified Credit Information

Retrieved on: 
Friday, September 29, 2023

The CRAs sent the dispute to the credit card companies for investigation.

Key Points: 
  • The CRAs sent the dispute to the credit card companies for investigation.
  • In their brief, the FTC and CFPB disputed the district court’s interpretation of the FCRA.
  • Inaccurate information on a consumer report can hamper people’s ability to get housing, employment, and credit.
  • Follow the FTC on social media, read our blogs and subscribe to press releases for the latest FTC news and resources.

A solution to America's K-12 STEM teacher shortage: Endowed chairs

Retrieved on: 
Thursday, September 28, 2023

In the 2017-2018 school year, approximately 100,000 teacher jobs in STEM – or science, technology, engineering and mathematics – went unfilled at the high school level.

Key Points: 
  • In the 2017-2018 school year, approximately 100,000 teacher jobs in STEM – or science, technology, engineering and mathematics – went unfilled at the high school level.
  • At the middle school level, there were about 150,000 unfilled STEM educator jobs.
  • As a professor of education policy – and also as a former state secretary of education in Virginia – I have examined the STEM teacher shortage from multiple vantage points.
  • We think endowed chairs have the potential to retain and attract more STEM educators at the K-12 level, but it requires a willingness to rethink the ways that schools employ STEM educators.

What’s behind the gap?

    • There are fewer college students graduating with a bachelor’s degree in education that ever before.
    • Between 1959-1976, bachelor’s degrees in education were the most popular college major in the United States, and they accounted for about 20% of all degrees.
    • In 2021, K-12 teachers’ weekly salary was only $1,348 – about $660 less than the $2,009 earned weekly by other college graduates.

Prior efforts to close the gap

    • The Senate and House passed the National Defense Education Act of 1958, and Eisenhower signed it into law on Sept. 2, 1958.
    • This set in motion a national STEM education agenda for American colleges and K-12 schools for decades to come.
    • Fifty-three years later, President Barack Obama utilized his 2011 State of the Union address to advance the national STEM agenda.
    • But the goal of the 100,000 STEM teacher campaign was to narrow the gap, not end it.

The endowed chair as a potential solution

    • Traditionally, an endowed chair is a prestigious faculty position funded through annual spending from a university’s endowment fund.
    • The benefit of an endowed chair is that it will be paid for decades to come by the interest on investment.
    • An endowed chair could also provide funding for teachers and students to have access to state-of-the-art learning technology.
    • An endowed STEM chair salary may never outpace what educators could earn if they entered the private market.

Refugee children have a right to be educated in Indonesia – our research shows the barriers in their way

Retrieved on: 
Friday, September 1, 2023

As of May 2023, Indonesia hosted at least 12,704 refugees, primarily from Afghanistan, Somalia, Myanmar, Iraq and Sudan.

Key Points: 
  • As of May 2023, Indonesia hosted at least 12,704 refugees, primarily from Afghanistan, Somalia, Myanmar, Iraq and Sudan.
  • Considering the period of time that can be wasted, especially for refugee children, we argue that the refugee children need to access education while they are waiting.
  • Prior to the pandemic, Indonesia had made progress in providing access to education for hundreds of refugee children.

Our research

    • We also interviewed principals and teachers of the schools, government officials at local and national levels and local United Nations officials.
    • We have found four problems hindering refugee children’s access to education.

1. Information sharing

    • The central government relied on the local authorities to share information and strategies about the Circular Letter to the local education service providers.
    • But, the local authorities relied on international organisations, mainly the IOM, to bridge communication with and provide information to the refugee community, rather than proactively delivering such information themselves.
    • However, these international organisations websites mainly provide Jakarta-centric information, means that most of the information only covers Jakarta areas and is not helpful for refugees children based in other provinces in Indonesia.

2. Lack of technological access

    • This meant students needed access to the internet and a computer.
    • While the Indonesian government provided free internet access for every Indonesian student, this did not apply to refugee children.

3. Involvement of various stakeholders

    • If refugee children are going to be included in the Indonesian school system, many stakeholders need to be involved.
    • This includes the government authorities (particularly Ministry of Education), state authorities, schools and teachers, local education offices and international organisations However, Indonesia still lacks a comprehensive and long-term regulatory framework to serve as a basis for partnerships involving different stakeholders.

4. Motivation to go to school

    • There are two crucial factors that affect refugee children’s motivation: local students’ receptiveness and school teachers’ language ability.
    • Both factors must be present in the child’s learning to ensure the stability of the refugee children’s motivation.

What to expect next

    • Looking ahead, we need to help schools welcome refugee students – and make refugee families aware of the support available.
    • Rizka Fiani Prabaningtyas menerima dana dari menerima dana dari Organisasi Riset Ilmu Pengetahuan Sosial dan Humaniora (OR IPSH) - BRIN dalam skema Rumah Program tahun 2022.