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¦ From COURT on PAGE 15 “cherry-picks” the evidence and
that the reporting policy was that he was fired for insubordina-
vague and overbroad and that tion related to not filing reports
the university had breached the Former Florida Atlantic about his outside activities.
collective bargaining agreement University professor James
by firing him, according to Mon- Tracy was a tenured faculty “Given the university’s mul-
tiple warnings that plaintiff was
day’s opinion. member in the School required to file outside-activity

The appeals court said the re- of Communication and reports and plaintiff ’s repeated
porting policy was designed to Multimedia Studies and refusal to do so, there is little
identify potential conflicts of in- doubt that plaintiff was insubor-
terest. It said Tracy had not shown had a blog that explored dinate,” Carnes wrote. “Indeed,
that the university had prohibited conspiracy theories and plaintiff privately confessed to his
any professor from engaging in union president that his conduct
criticized the media.

speech. was ‘cut-and-dry’ insubordina-
The opinion said Tracy argued tion and that he had not complied
that “no reasonable juror could with university directives because
have found that his blog speech did not motivate he believed his tenure status would insulate him
the university to fire him,” but it concluded that he against any discipline.”
¦

Giuliani Stumbles Over Fraud Claims in
Trump Election Lawsuit Debut

By Jacqueline Thomsen

When Rudy Giuliani makes public arguments widespread, nationwide voter fraud of which this is
on behalf of the president, it’s normally in a part,” he said. “That’s part of the reason I’m here.
front of a camera or a microphone, some- This is not an isolated case.”
times a text or tweet. But on Tuesday, for the first Giuliani alleged there were repeated instances of
time in decades, it was before a federal judge. And at voter fraud, tied to mail-in ballots that took place
times his rustiness showed. across the country. “The place where it happens all
Giuliani has served as President Donald Trump’s happened to be big cities controlled by Democrats,
private attorney since the days of Special Counsel who all of a sudden decided we don’t have a right
Robert Mueller III’s investigation, but he litigated to examine absentee ballots,” he said, despite other
in the court of public opinion. His discovery was campaign attorneys acknowledging in other courts
through trips to Ukraine to search for political dirt that Republicans did have observers in the room for
on the president’s rivals; his arguments delivered at the ballot counting process.
press conferences like that held at Four Seasons To- Opposing attorneys took issue with Giuliani’s
tal Landscaping. arguments. Daniel Donovan, a Kirkland & Ellis
Even though a federal courthouse in Williams- partner representing the Pennsylvania secretary of
port, Pennsylvania, was a different venue, Giuliani state in the case, said many of Giuliani’s arguments
repeated many of the same arguments he’s made were actually no longer part of the complaint before
publicly disputing the results of the 2020 elec- the court, which was amended to drop most claims
tion. “The best description of this situation is it’s a except those alleging equal protection violations.

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