Category: Columns

Columns, Congress, Media, Military, Politics

Biden’s Lying About Iraq Shows Why Our Nation Has So Many Wars

Below is my column in The Hill newspaper on a week of disturbing false statements from the two leading presidential candidates for 2020. Both stories should give voters pause. Indeed, this week has also seen candidates like Kamala Harris challenged on not one but two statements on her record and, in a way, her selective hearing. Yet, despite Donald Trump’s bizarre conduct in the Hurricane Dorian controversy, the more serious (and less covered) falsehood was Joe Biden’s statement about his claimed opposition to the Iraq War. As someone who opposed the Iraq War, it is frustrating to see former and current senators falsely claiming to have been duped or being opposed to the war. At the time, neither Democratic nor Republicans senators wanted to even hear from those of us who opposed the resolution. Indeed, the key hearing held was absurd with neither party calling opponents to the war. What is striking however is how little press was given to Biden’s false claim in comparison to the Hurricane controversy.

Here is the column:

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Columns, Constitutional Law, Criminal law, Politics

Terror Nation: How Millions Are Being Declared Terrorists For Their Political Views

Below is my column in The Hill on a growing tendency to label opposing views as terrorism in our age of rage. Democratic activists have labeled ICE as a “terrorist organization” while Republicans use that term for Antifa. It is also a way to dismiss opposing views as extremism with no need to listen, let alone respond. With the escalation of such rhetoric, millions of Americans are being portrayed as terrorists – a trend that robs the term of any real meaning. Yet, numerous officials, including the Board of Supervisors, in San Francisco supported the ridiculous resolution declaring the NRA to be a “domestic terrorist organization” and, by extension, its five million members domestic terrorists. It is not enough to disagree over the meaning of an individual right, the other side must now be little better than ISIS for disagreeing with you.

Here is the column:

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Academics, Columns, Politics

Inclusion By Exclusion: The Twisted Logic Of Educators Achieving Equality

Below is my column in Tthe Hill Newspaper on the recent proposal by a diversity panel appointed by Mayor Bill De Blasio to eliminate much of the Gifted and Talented programs in the school system. It is part of a broader trend of achieving equality by eliminating opportunities or recognitions.

Here is the column:

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Columns, Society, Torts

Too Much Rope, Too Much Hope? The Oklahoma Case Against Johnson & Johnson Might Not Stand

Below is my column in USA Today on the recent massive damage award in the opioid case in Oklahoma. I remain quite skeptical about the underlying theory of liability as well as other elements in the case.

Here is the column:

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Columns, Congress, Constitutional Law, Courts, Politics

Ginsburg’s Recurring Cancer Exposes Vulnerability On The Court

Below is my Hill column on the news that Associate Justice Ruth Bader Ginsburg had additional cancer treatment. I have previously written about “Ginsburg’s gamble” in refusing to resign during the Obama Administration. Already over 80, some encouraged her to leave the Court to allow Obama to pick her successor — and to safeguard dozens of cases impacting the lives of millions. The recurrence of her cancer treatment exposes not only the risks of that decision but also the absence of any way for the Court to deal with potential incapacities.

Notably, Justice Thomas could face the same questions. Long rumored to be considering retirement, a defeat by Donald Trump could hand his seat to a liberal justice and endanger a number of conservative holdings.

Here is the column:

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Academics, Columns, Congress, Constitutional Law, Politics

No, It Is Not Racist To Oppose Birthright Citizenship

Below is my column in The Hill on the recent controversy over President Donald Trump’s comments on ending birthright citizenship. The most notable criticism came from Professor Lawrence Tribe who accused Trump of pursuing a racist agenda to “reverse the outcome of the Civil War.” Others have also labeled the effort as racist including media coverage. It isn’t and the underlying constitutional question is unresolved.

Here is the column:

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Columns, Media, Politics

“Myside Bias”: How The Democrats Are Becoming More Trump-Like And Why No One Seems To Notice

Below is my column in the Hill Newspaper on the Trump-like rhetoric coming from Democratic leaders as the 2020 election season ramps up. While correctly criticizing President Trump for many of his comments, the Democrats have been engaging in almost identical commentary with little coverage. What is now missing is a high ground in an election season that seems to be getting more and more irresponsible and hyperbolic.

Here is the column:

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Columns, Criminal law, Media, Politics

Blaming Trump For Triggering The Recent Shootings Is More About Controlling Speech Than Violence

Below is my column in The Hill newspaper on the continuing recriminations following the recent massacres. The effort to blame the massacres on Trump reflect an ongoing effort to control speech by declaring certain words to be “triggering.” In this case, the meaning is literal.

Here is the column:

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Columns, Congress, Constitutional Law, Criminal law

“Screaming Into The Void”: Why Gun Control Is So Hard To Enact

Washington appears to be settling around background checks as the response to the latest massacres in Texas and Ohio despite the fact that such background checks would not have stopped most of the past mass shootings. What politicians will not admit to the public is that there is a very limited range of actions that Congress can take in curtailing an individual constitutional right.

Here is the column:

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Columns, Congress, Constitutional Law, Politics

Eat The Rich: Democratic Candidates Plunge Party Into Class Warfare Politics

Below is my column in The Hill newspaper on the growing calls from Democratic presidential candidates for “wealth taxes” targeting the increasingly demonized “super rich.” Putting aside serious questions over the constitutionality of such wealth taxes (despite being the core cause of candidates like Elizabeth Warren), Democrats appear to be moving from Rousseauian to a Robespierrean rhetoric in this new class warfare.

Here is the column with a few of the underlying facts beyond the rhetoric:

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Columns, Congress, Criminal law, Media, Politics

The Mysterious Mister Mifsud And Why No One Wants To Discuss Him

Below is my column in The Hill newspaper on the name that came up repeatedly in the Mueller hearings to the surprise of many viewers. The name is Joseph Mifsud and we still know little about him because Mueller, like so many others, refuses to discuss him. It is an example of how much of the origins of the Russian investigation remain largely walled off from public discussion.

More of such information arose this week after former Trump Adviser George Papadopoulos announced that he is heading back to Greece to retrieve $10,000 that “he suspects was dropped in his lap as part of an entrapment scheme by the CIA or FBI.” Once again, few people have heard of this money or the underlying allegation.

Here is the column:

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Columns, Congress, Criminal law, Politics

The Media Brushes Over Mueller Contradictions After “Blockbuster” Turns Into Bomb

Below is my column in the Hill Newspaper on the aftermath of the Mueller hearings. This week, the Democrats belatedly moved to get a court order to release Grand Jury material withheld in the Mueller Report. That material represents a tiny percentage of text and the request is months too late. I testified many weeks ago that, if the Democrats were really serious about impeachment, they would have filed soon after the report was issued. Every indication remains that the Democratic leadership is still running out the clock on impeachment while trying to convince voters that they really do want to impeach Donald Trump.

Democrats are now insisting that it was not Mueller but really McGahn that they expected to put away Trump. It would be a sequel to a colossal flop and they are not exactly moving with dispatch . . . as time ticks by.

Here is the column:

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Columns, Congress, Criminal law, Justice, Society

The Mueller Hearing And The Theater Of The Macabre

Below is my column in The Hill on today’s hearing with former Special Counsel Robert Mueller. The hearing will no doubt be lively as a couple dozen members of the House Judiciary Committee struggle to stand out in less than five minutes to make the cut for a clip on evening news. That means that you have to be more outraged than every member who came before you. It should all prove to be a true theater of the macabre. I will be covering the hearing for CBS News and BBC.

I have previously published 3 questions, 5 questions, and 20 questions for Mueller. You can choose but none are likely to be answered.

Adding to the drama is the disclosure of a demand by Mueller that an aide be sworn in and allowed to testify with him. The move drew vocal objections from Republicans who suggested that Mueller may not have a good handle on the Report — reinforcing claims that his key staff aides actually controlled the investigation. It also has been reported that it was Mueller who asked for the letter limiting his testimony.

Here is the column:

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