MOORE V. WASHINGTON POST: IT IS TIME FOR ROY MOORE TO FULFILL HIS PROMISE AND SUE

220px-Washington_Post_buildingJudge_Roy_MooreBelow is my column in USA Today on the last remaining promise for Roy Moore to fulfill from his campaign: his promised defamation lawsuit.  Unless he and his lawyers were using the pledge to sue as a deflection from the merits of the allegations, it is time for Moore to make good on the promise and file.  Of course, that will subject him to depositions and discovery but, if he is telling the truth, he has little to fear.  In the meantime, I discussed how Gloria Allred suggested that her client will also sue for defamation.  That would also be welcomed, though Allred will have to significantly improve her legal performance for an actual lawsuit as opposed to her disastrous press conference.  Beverly Young Nelson has said that the lawsuit will definitely happen.

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A Question of Contempt: It Is Time For Congress To Enforce Its Oversight Authority

800px-Capitol_Building_Full_ViewBelow is my column in the Hill Newspaper on the surprising move of the Republican House of Representatives toward a contempt action against officials in the Trump Administration.  While some have called for the appointment of a second special counsel to investigate the dossier controversy, I continue to question the necessity of such an appointment even though I believe that there is a need for an investigation.  I believe that Congress can fully investigate the allegations of political influence in the federal investigation into the matter.  However, that will only be the case if congressional committees can secure the information that they require (and are entitled to) as part of their oversight authority.  Any such effort will have to deal with a long history of contempt by the Justice Department for congressional oversight investigations.

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Death By Tweet: Questions Linger Over Flynn Tweet and the Role of Trump Counsel

Twitter Logo440px-Allegory_of_death;_skeleton,_c.1600_Wellcome_L0014669Below is my column in USA Today on the ethical and practical implications of the controversial tweet sent out by Trump counsel John Dowd. In my view, Dowd should now remove himself from the litigation. Notably, the failure to remove or fail Dowd will likely fuel theories that he is covering for Trump.  If Trump did not know that Flynn had lied to the FBI before speaking with Comey, the Dowd tweet would usually result in a quick and rather angry response to a lawyer compromising his client in this fashion.  However, various media sources are reporting that White House Counsel Don McGahn did inform Trump that Flynn likely misled the FBI in his interview before Trump spoke with Comey.  Whatever the truth of the matter, the Dowd tweet could not be worse in its timing and content.

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TwitterGate: What Did Trump Tweet And When Did He Tweet It?

Twitter Logo245px-Donald_Trump_by_Gage_SkidmoreBelow is my column in the Hill on the latest twitter controversy.  While Trump counsel John Dowd has insisted that he merely used “sloppy” drafting, news organizations are reporting that White House Counsel Don McGahn told Trump (before the firing of National Security Adviser Michael Flynn) that Flynn had misled FBI agents in his interview.  In yesterday’s press conference, Sarah Sanders refused to say when Trump first learned that Flynn had lied to the FBI.  That brings us back to Dowd and the breathtakingly dumb mistake in sending out a tweet to millions with an admission against interest under the President’s name.

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The Good, The Bad, and The Ugly Of The Flynn Plea

images-2Below is my column on the Flynn plea agreement and its potential significance to the Russian investigation.  One development is that President Donald Trump is now denying that he ever told Director James Comey to let Flynn go.  This follows a highly damaging tweet that a Trump lawyer now says was his sloppy mistake. It is another tweet gone awry for the Trump White House.

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From Katz To Carpenter: The Supreme Court Hears Case That Could Gut Privacy In the United States

CellPhoneSupreme CourtBelow is my column in the Hill Newspaper on the case this week before the Supreme Court on cellphones and privacy.  As discussed below, the government’s argument in Carpenter v. United States represents one of the greatest threats to privacy in a generation.  One promising sign is that Justice Neil Gorsuch seemed to be siding with privacy in his questions during oral argument.

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