Month: May 2017

Bizarre, International, Media, Politics

Trump Met With Russians At The Request Of Putin

220px-From_Russia_with_Love_–_UK_cinema_posterThe decision of the White House to host Russian Foreign Minister Sergey Lavrov and Russian Ambassador to the United States Sergey Kislyak on the day after the termination of FBI Director James Comey ranks as one of the worst political decisions of a White House in years.  Kislyak is the very Russian diplomat at the heart of the allegations of influencing peddling and collusion with Trump officials.  Just as every network was exploring allegations that Comey was fired to protect Trump was an investigation into his ties with the Russians, the White House guaranteed that the Russians would be shown huddling with Trump followed by grinning photos in the Oval Office.  That can be attributed to a long litany of self-inflicted wounds by this White House. However, what was more disturbing was the fact that U.S. photographers were barred from the meeting.  Only the photographers from Tass were allowed. Tass is state-run agency.  So not only did Trump meet with the Russians at the height of the allegations over Russian influence but the American people only saw pictures given to them by the Russians.

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Bizarre, Media, Politics, Society

Kellyanne Conway Accuses Anderson Cooper of Sexism After Rolling His Eyes During Interview

conway12n-2-webI was at CNN the night of the firing of James Comey.  Frankly, it was utter chaos as Washington exploded with the news.  (The green room was packed with folks waiting to go on.  I left rather than wait all night for an uncertain hit.  I was far more interested at that point in the Cubs-Rockies game).  I was in other words an “eyewitness” in the crowded green room when White House counselor Kellyanne Conway was interviewed by Anderson Cooper who noticeably rolled his eyes.  Some in the green room were thrilled by the demonstration.  One person who was not thrilled was Conway herself who leveled a charge of sexism the next morning on Fox News.  (For the record, Conway is my former student at GW Law School).  For the record, having worked with Anderson for years, I do not believe that he has a sexist bone in his body.  That does not excuse the lapse of professionalism and it will magnify criticism of the network as openly anti-Trump.

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Constitutional Law, Media, Politics, Society

Report: Rosenstein Appears To Deny That He Threatened To Resign Over False Account Regarding His Comey Memorandum [UPDATED]

Rod_Rosenstein_US_AttorneyDeputy Attorney General Rod Rosenstein who wrote the memorandum firing James Comey  is back in the news today.  Various news organizations are reporting that he allegedly threatened to quit after the White House represented that Comey was fired based on his recommendation.  Both the Washington Post and ABC News are reporting that Rosenstein was sufficiently outraged by the White House statements that he was prepared to walk.  The reporting is highly disturbing on a number of levels.  The White House made a notable change in its account of the decision yesterday — admitting that Trump decided that he wanted Comey gone over a week earlier.  Of course, this does not change the fact that Rosenstein recommended the firing of Comey in the memo but it raises serious questions of the veracity of the White House. UPDATE: The White House is categorically denying that Rosenstein threatened to resign.  More importantly, Rosenstein has denied that he threatened to resign though it is not clear if he denied calling the White House to object to its portrayal of the facts leading to the termination.

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Columns, Congress, Constitutional Law, Courts, Criminal law, Media, Politics, Society

Sally in Wonderland: The “Curiouser and Curiouser” Position of The Former Acting Attorney General

Below is my USA Today column on the testimony of Sally Yates, former acting Attorney General, on her unprecedented order to the Justice Department not to assist President Donald Trump in the defense of his immigration executive order.  While the hearing was focused on her warning with regard to former National Security Adviser Michael Flynn, some of us were more interested in how she would respond to criticism over the order that led to her being fired.  Both Democratic and Republican lawyers have raised serious ethical misgivings over her decision.  The hearing however only magnified the questions over the basis for her actions. Here is the column.

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Bizarre, Constitutional Law, Religion, Society

Indonesian Court Unanimously Convicts Christian Governor of Jakarta Of Blasphemy

We have previously discussed how some of our closest allies like Saudi Arabia, Pakistan, and Egypt routinely deny both free speech and free exercise of religion to citizens through the application of Sharia law or Islamic moral codes.  The latest outrage comes from Indonesia where a court convicted Basuki Tjahaja Purnama, the Christian governor of the country’s capital, Jakarta, of blasphemy for challenging Islamic extremists.  He was sentenced to two years in prison in a disgraceful assault on basic civil liberties and principles of both religious tolerance and free speech.

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Bizarre, Congress

Pelosi Declines to Criticize China After The Dalai Lama Removed Her “Negativity”

The news yesterday included images of the Dalai Lama blessing Democratic House Minority Leader Nancy Pelosi at his temple in Dharmsala, India.  Pelosi gave a rather rambling statement but denied to criticize China because the Dalai Lama had removed her negativity.  My only thought however is why the public continues to pay for these congressional junkets where members go to exotic locations on the public dime.  The trip was attended by both Republican and Democratic members.

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Congress, Courts, Media, Politics, Society

James Comey and Posthumous Acclaim In Art and Politics

With the firing of FBI Director James Comey, politics seems to be following art in one important fashion: your work becomes more popular after you’re dead. Jim Croce was barely known as a singer until his plane crashed and burned. Van Gogh sold only one picture in his lifetime . . . until he shot himself. Comey’s work appears to be on the same track of retrospective popularity. He is now the rage. Democratic Senators and liberal commentators who only recently denounced him as a political hack and manipulator were suddenly speaking of Comey as the second Publicus. More importantly, news outlets like CNN went into a virtual echo chamber with their experts, like Jeff Toobin, declaring that the President was lying and that there was no other explanation for firing Comey other than that fact that the Russian investigation was “getting too close” to Trump. One CNN guest historian, Douglas Brinkley,  even declared, from a purely historical perspective of course, that the firing shows that Trump acts like a “tyrant.”

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Academia, Free Speech

Duke Divinity Professor Who Questioned Diversity Training Resigns After Being Put Under Investigation

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Columns, Congress, Constitutional Law, Courts, Politics, Society

The Supreme Salient: Decades Of Static Ideological Lines On The Court Could Vaporize With A Kennedy Replacement

Below is my column in the Hill Newspaper on the implications of a rumored retirement by Justice Anthony Kennedy.  If nothing else, it allowed me to discuss the anniversary of the Ypres Salient explosion in World War I — the mining of the German line with massive bombs.  While we often discuss how a nominee could change the Court on issues like Roe v. Wade, the replacement of either Kennedy or Ruth Bader Ginsburg would potentially collapse the long static lines on the Court.  Like trench warfare, the 4-4 split on the Court has moved little in areas like abortion. It could now evaporate in the flash of a confirmation (assuming that Chief Justice John Roberts does not step into the role of swing vote on the Court).

Here is the column:

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Academia, Bizarre

School Withdraws Suspension Of Middle Schooler For “liking” Picture of An Airsoft Gun

There is another moronic application of the “zero tolerance” policy of public schools out of Ohio at the Edgewood Middle School.  Administrators informed the parents of Zachary Bowlin that he was facing suspension because he merely “liked” a picture of an airsoft gun on Instagram.  While the school withdrew the suspension after public outcry, there is (again) no indication that anyone will be disciplined for this abusive treatment of a middle schooler.

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Criminal law, Politics

TRUMP FIRES FBI DIRECTOR JAMES COMEY

President Trump fired FBI Director James Comey this evening in a surprise move.  Various politicians and the media have openly referred to the act as “Nixonian” and “another Saturday Night Massacre.”  I have previously stated how the Saturday Day Massacre has been misrepresented.  I also do not agree with Jeff Toobin on CNN tonight that the decision was clearly due to the fact that Comey’s investigation was getting “too close” to President Trump.  I do not see how one can reach that conclusion after months of criticism over Comey’s past conduct, including widespread anger from Democrats over his public statements on Hillary Clinton.  I agree that the timing is concerning and legitimately questioned.  However, the Administration may also have waited for the Deputy Attorney General to be confirmed to allow a career prosecutor to review the matter and to concur with the decision.  Democrats denounced Comey over his actions regarding the Clinton Administration.  The matter was given to the Deputy Attorney General who was just confirmed recently.

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Bizarre, Constitutional Law, Free Speech, International, Media

Ireland Drops Blasphemy Prosecution Of Actor Because Not Enough People Were Outraged

As we discussed yesterday, the Irish people have remained committed to holding the ignoble status of a Western country prosecuting people for blasphemy with its sister jurisdictions in Iran, Saudi Arabia and other repressive governments.  Even when the Irish government seeks to avoid the obvious denial of free speech under its blasphemy law, it only makes the entire country look even more ridiculous. That is the case with the decision to drop the criminal investigation of famous actor Stephen Fry.  In a television interview, Fry merely asked why he should  “respect a capricious, mean-minded, stupid god who creates a world…. full of injustice.”  He was asked about his view of religion and he answered.  A citizen then said that, while he was not insulted, the comment still constituted blasphemy and should be investigated. Now the police have said that they decided to drop the investigation after concluding an insufficient number of people expressed outrage. So the Irish have the perfect free speech nightmare law: whether you will be prosecuted will depend how many people want you incarcerated.  Sounds like criminal law by plebiscite.

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Bizarre, Courts, Criminal law

Houston Judge Accused Of An Array of Misconduct From Hiring Prostitutes To Drug Use To Ruling In Case Involving Lover

Houston Judge Hilary Green is the subject of an extraordinary report from the Texas State Commission on Judicial Conduct.  The Texas Supreme Court was given a detailed account that alleges that the justice of the peace used illegal drugs like ecstasy and marijuana as well as abused the cough syrup Tussionex. Some of the marijuana had been confiscated by the court bailiff.  It also alleged that she engaged in extramarital affairs and hired prostitutes.  She is also accused of sexting a court employee. Finally, she is accused of ruling in favor of a convicted conman despite her personal relationship with the defendant.  There is an interesting technicality being claimed by Green to bar consideration of much of her misconduct.

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Criminal law, Politics

Wasserman Schultz Says That Obama Cashing In On Wall Street Speeches Is No One’s Business

Congresswoman Debbie Wasserman Schultz, the chair of the Democratic National Committee until last summer, said Tuesday that critics of Barack Obama's six-figure speeches should 'MYOB'

For many voters, Congresswoman Debbie Wasserman Schultz, the former chair of the Democratic National Committee , is the embodiment of much that is wrong with the Democratic establishment.  She was accused of working to rig the primaries for Hillary Clinton and repeatedly lying to the public.  Given that history, one would think that Wasserman Schultz would avoid any questions that remotely deal with ethics or honesty or influence peddling. However, that is not how Washington works.  Wasserman Schultz’s supporters enthusiastically re-elected her and most folks in Washington view voters as having the attention span of a Golden Retriever.  Thus, Wasserman Schultz was trotted out on CNN to assure the public that President Obama receiving obscene amounts of money from Wall Street interests is none of their business.

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Bizarre, Politics, Religion, Society

“I Wish They Didn’t Let You In The Country”: Video Shows Woman Allegedly Abusing Muslim In Store Line

There is a disturbing video just posted on an encounter of a Muslim woman with another woman at the Trader Joe’s in Reston, Virginia — not far from my home.  On the video below, the rude woman allegedly tells the Muslim “I wish they didn’t let you in the country” during their encounter on Saturday.  The Muslim woman is a friend of comedian Jeremy McLellan and he shared the videotape.  He said that his friend was wearing a hijab identifying her as a Muslim.  Since the woman is clearly shown, the question is whether the woman has a case if she is falsely depicted.  Conversely, we have previously discussed whether people should be disciplined by employers for conduct or statements in their private lives.

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