Below is my column in the Washington Post on the real possibility that the Supreme Court could be pulled into the Senate impeachment trial if witnesses are allowed. If you hated Bush v. Gore, this could be one sequel that you will not want to see. Certainly few on the Court are eager to play a role in the possible removal of an American president.
Some of us have been highly critical of the trend in media toward “echo-journalism” where cable networks tailor their coverage to reinforce and repeat the expectations of their viewers. Few hosts are willing to admit to the formula coverage, though there have been telling moments. None have been open than Lawrence O’Donnell on The Al Franken Podcast when he declared that MCNBC was completely over the need to present two sides of coverage on Trump because defenders of Trump are “liars” and “I don’t bring on a liar.” It is that simple. The other side is just lies so only our side needs to be reported.
I have long respected Sen. Chris Coons (D, Del.) as a highly intelligent and effective senator. I was surprised today to be watching Michael Smercomish (who I also respect greatly) to hear Sen. Coons following the party line in arguing implausibly that Hunter Biden is not a relevant witness in any trial despite his centrality to the Trump defense. I previously addressed how Biden would be deemed relevant in a conventional trial and Smercomish quoted one of my Washington Post column at length to offer the opposing view. Sen. Coons responded not by addressing the relevancy argument but by dismissing such arguments as clever lawyering and “a stretch . . . a leap of logic worthy of Evel Knievel.” I should note that this analogy was lost on my youngest son, Aidan, who immediately asked “who is Evel Knievel?” When I explained, he responded, “isn’t that a good comparison?” Continue reading “A Leap or Perpetuating Evel? A Response To Sen. Chris Coons”
Recently we discussed how decades of anti-free speech policies in Germany have reduced the expectations of citizens in that country to the level of an authoritarian regime. A survey, conducted by the Institut für Demoskopie Allensbach(and published in the Frankfurter Allgemeine Zeitung) found that only 18 percent of Germans feel free to express their views in public. Undeterred, leaders have called for greater limits on free speech during election periods — a concept that would normally be viewed as counterintuitive outside of the new European model. In addition, Germany just announced that it would expand anti-free speech laws even further to criminalize the burning of flags — an expression of free speech protected in this country.
Sen. Bernie Sanders appears to be continuing his rise in the polls despite the claim of Sen. Elizabeth Warren that he made a sexist and bizarre comment to her in a meeting shortly before she announced her candidacy. Warren and former Vice President Joe Biden remain flat in the Reuters/Ipsos national poll.Continue reading “Feeling The Bern: Sanders Rises In Polls As More Women Support Him Over Warren”
Former FBI Director James Comey is back in the news this week after The New York Times reported late Thursday that he is again under investigation for leaking information to the media. The Justice Department Inspector General previously found that Comey was a leaker and violated FBI policy in his handling of FBI memos, including material containing the “code name and true identity” of a sensitive source. Now, he is again accused of leaking information. There is an element of a modus operandi in the story since the same academic Comey used in the earlier leaks is also named in this leak, Columbia Law Professor Daniel Richman.Continue reading “Modus Operandi or Old News? Comey Under Investigation In New Leak Probe”
Below is my column on Elizabeth Warren and recent campaign promises that raise serious constitutional and legal questions. It is striking how some elements despised in President Donald Trump seems celebrated in Elizabeth Warren.
Here is the column:Continue reading “Elizabeth Warren Moves Bigly To Out-Trump Trump”
The General Accountability Office (GAO) has issued a report declaring that President Donald Trump violated the law when he withheld military aid from Ukraine. The GAO, which is a nonpartisan arm of Congress, declared in the eight-page report that “Faithful execution of the law does not permit the president to substitute his own policy priorities for those that Congress has enacted into law.” While the report’s release triggered the familiar bombshell headlines, there was considerable exaggeration of its findings. This is less relevant to impeachment than might initially appear. This was a finding of the violation of a federal law due to the delay. It would still be a violation even if the President was solely acting in the public interest to combat corruption or guarantee support from our allies. In other words, that violation is not on its face an impeachable act. Indeed, other presidents have been found to have committed such violations.Continue reading “GAO Declares Trump’s Action On Ukraine Aid To Be Unlawful”
We recently discussed the defection of Iran’s only Olympic female medalist due to the continuing discrimination and repression of women in that country. Now, Iranian chess master and referee, Shohreh Bayat, 32, has refused to return to Iran after pictures emerged of her without a hijab caused a controversy in the Islamic Republic. The decision is another painful example of the struggle of women under Islamic laws that deny them basic human rights.Continue reading “Iranian Chess Master Refuses To Return After Being Photographed Without Required Hijab”
There could be a curious constitutional challenge brewing after the Virginia Senate Privileges and Elections committee voted to report the ERA to the floor of the Senate on Wednesday. That would be the 38th state to ratify but the vote ignores two glaring problems. First, the deadline for ratification passed 38 years ago and five states that approved the ERA have since rescinded their ratification.Continue reading “Virginia Moves To Ratify Equal Rights Amendment . . . 38 Years After Expiration”
I have previously criticized the new law, enforced by the U.K.’s Advertising Standards Authority (ASA), that bans gender stereotypes in advertising. It is the ultimate expression of the “nanny state” phenomenon in the United Kingdom where speech is increasingly regulated and sanctioned by the state along a best values agenda. In 2019, commercials for Philadelphia Cream Cheese and Volkswagen were banned that left many of us speechless, particularly those who wanted to use humor in commercial speech. The latest example of this censorship is UK retailer PC Specialist, which saw an advert banned simply because it showed three men excited over using a PC for gaming. The problem? Women like gaming too. Just having men therefore further a gender stereotype.Continue reading “Advertising Authority in the United Kingdom Bans Computer Advert For Only Having Male Actors As Gender Stereotyping”
There is a deeply disturbing ruling out of Mississippi where the state supreme court affirmed the sentence of Willie Nash for having a cellphone in the Newton County Jail. He received an absurd 12-year sentence. The decision not only shows how our criminal justice system continues to disproportionate sentencing but also how the Eighth Amendment has been effectively gutted as a tool to address such cases.Continue reading “Mississippi Man Sentenced To 12 Years For Having Cellphone In Jail”
CNN has long been criticized for what many view as overtly hostile coverage of Sen. Bernie Sanders that goes back to the 2016 election where the CNN openly seemed to favor Hillary Clinton in her bid for the nomination. Yet, even for the most hardened critics of the network, yesterday’s debate in Des Moines was breathtaking in its unrelentingly negative questions of Sanders followed up relative softballs to others like Sen. Amy Klobuchar. However the lowest moment of this or any debate this year occurred when CNN reporter Abby Phillips made Sanders repeat his outright denial of the allegation by Elizabeth Warren that he told her that no woman could be president and then immediately stated that Sanders did make the comment in her next question to Warren. In watching with a room filled with people who are not affiliated with Sanders, Phillips’ statement led to loud gasps and Sanders himself seemed dumbfounded on stage by the bias shown by the CNN reporter. Later, Warren appeared to refuse to shake the hand of Sanders.Continue reading “CNN Under Fire For Overtly Hostile Treatment Of Sanders In Iowa Debate”
Below is my column in The Hill Newspaper on the blunder by Speaker Nancy Pelosi of not submitting the impeachment case to the Senate — a mistake that now threatens not just the trial but the rules for impeachment trials.
On Sunday, Pelosi went largely unchallenged in her obviously incorrect claim that the House is still in court seeking witnesses in the impeachment. The House is litigating pre-impeachment witnesses, but has never sought to subpoena, let alone compel, key witnesses in the impeachment from John Bolton to Rudy Giuliani to others with direct knowledge of any alleged quid pro quo. Indeed, the House has done nothing for four weeks after the vote – a vote that I strongly discouraged in favor of spending a couple months seeking these witnesses and/or court orders. Now Pelosi is actually suggesting that they could still seek the witnesses while the House does nothing. It remains the most baffling blunder of the impeachment.
Here is the column:Continue reading “Pelosi’s Blunder: How The House Destroyed Its Own Case For Impeachment”