Category: Columns

Columns, Criminal law, Lawyering, Media, Politics

How the Sussmann Trial Inadvertently Revealed the Role of Clinton in the Alfa Bank Scandal

Below is an expanded version of my column in The Hill on the implication of Hillary Clinton in false Alfa Bank claims of Russian collusion. While most media ignored the testimony of Clinton’s former campaign manager in the Sussmann trial, it adds to a damning record on how the Clinton campaign was behind arguably the most successful disinformation campaign in American political history with both the Steele dossier and the Alfa bank claims. Ironically, despite Sussmann efforts to conceal his connections to Clinton in the FBI meeting, it was his counsel who effectively outed Clinton in the scandal. Former Clinton Campaign manager Robby Mook then violated the Eleventh Commandment of Democrats: Thou shalt not name a Clinton in a scandal.

Here is the column:

Continue reading “How the Sussmann Trial Inadvertently Revealed the Role of Clinton in the Alfa Bank Scandal” →

Columns, Criminal law, Politics

Did the Biden Administration Just Give a Boost To the Hunter Biden Defense?

Below is my column in the New York Post on the implications of the recent civil lawsuit against Steve Wynn for allegedly working as an agent for China. The lawsuit was brought under the Foreign Agents Registration Act. The timing of the shift to civil penalties is significant given the ongoing investigation of Hunter Biden for possible FARA violations. The decision of the Biden Administration to move away from criminal charges under FARA could prove highly advantageous for Hunter Biden.

Here is the column: Continue reading “Did the Biden Administration Just Give a Boost To the Hunter Biden Defense?” →

Columns, Courts, Criminal law, Politics

Tale of Two Trials: How Sussmann is Receiving Every Consideration Denied to Flynn
Judge Christopher Cooper
Judge Emmet Sullivan

Below is my column in The Hill on the Sussmann trial and the striking comparisons with prior prosecutions of Trump officials like Michael Flynn.  The court has limited the evidence available to the prosecution, the scope of questioning, and cleared a jury that includes three Clinton campaign donors. A jury of your peers is not supposed to literal with an array of fellow Clinton supporters. Those negative rulings continued during the trial, including a refusal to dismiss a juror whose daughter is playing on the same team with Sussmann’s daughter.  For John Durham, it may seem that the only person missing from the jury at this point is Chelsea Clinton.

Here is the column: Continue reading “Tale of Two Trials: How Sussmann is Receiving Every Consideration Denied to Flynn” →

Columns, Constitutional Law, Politics, Supreme Court

The Post-Roe World: A Reality Check on the Implications of the Leaked Supreme Court Opinion
The Map of Hell painting by Botticelli

Below is my column in the Hill on claims being made about the post-Roe world and the sweeping away of such rights as interracial marriage and the use of contraceptives. The “parade of horribles” seems to get longer by the day but it may actually be undermining the good-faith arguments made by pro-abortion advocates.

Here is the column: Continue reading “The Post-Roe World: A Reality Check on the Implications of the Leaked Supreme Court Opinion” →

Columns, Politics, Supreme Court

Protesting at Justice’s Homes Should be a Subject of Condemnation, not Prosecution

Below is my column in the Hill on the call for the use of a federal law to arrest protesters outside of the homes of justices. The crushing irony is that many of these critics have spent years calling for the denial or curtailment of the free speech of others. Yet, these justices being targeted in their homes would likely narrowly construe or bar the use of this law.

Here is the column:

Continue reading “Protesting at Justice’s Homes Should be a Subject of Condemnation, not Prosecution” →

Columns, Courts, Criminal law, Lawyering, Politics

From Court Packing to Leaking to Doxing: White House Yields to a National Rage Addiction

Below is my column in the Hill on the leak and the refusal of President Joe Biden to denounce such conduct. It is a defining moment for his presidency that, even in the face of such a disgraceful and unethical act, the President cannot muster the courage to condemn it. He then magnified that failure by refusing to condemn the doxing and targeting of justices and their families at their homes.

Here is the column:

Continue reading “From Court Packing to Leaking to Doxing: White House Yields to a National Rage Addiction” →

Columns, Constitutional Law

Supreme “Stench”: How Politics Replaced Principle in the High Court

Below is my column in USA Today on the leaking of the draft opinion in Dobbs v. Jackson Women’s Health Organization. I previously discussed the “stench” raised by Justice Sotomayor and how it smelled like mendacity to blame her three new colleagues. Now that stench is overwhelming not only due to the intentional leaking of the opinion but the defense of the leaker by many in the press. The leaker is being called “brave” and a “hero” by many on the left. While denouncing what they see as the Court abandoning its principles, they are celebrating someone who violated every ethical and professional principle in leaking this draft opinion.

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Columns, Constitutional Law, Free Speech, Media, Politics

Biden’s Disinformation Nanny: Why Nina Jankowicz is “Practically Perfect in Every Way.”
YouTube Screenshot

Below is a slightly expanded version of my column in The Hill on the appointment of Nina Jankowicz as the new head of the federal government’s announced Disinformation Governance Board. This Sunday, Homeland Security Secretary Alejandro Mayorkas assured CNN viewers that there is nothing to fear from his new Disinformation Governance Board, which will “gather together best practices in addressing the threat of disinformation.” I think we can guess what the “best practice” might be from one of the most vocal advocates of corporate and state censorship.

Here is the column: Continue reading “Biden’s Disinformation Nanny: Why Nina Jankowicz is “Practically Perfect in Every Way.”” →

Columns, Constitutional Law, Free Speech, Media, Politics

“Before it’s too Late”: Democrats Shift From Corporate Censorship to State Censorship

Twitter LogoBelow is my column in USA Today on how the Musk purchase of Twitter has forced politicians and pundits to move from corporate censorship to calls for good old-fashioned state censorship. Indeed, Sen. Elizabeth Warren (D., Mass.) has declared Musk’s pledge to restore free speech values on social media as threatening Democracy itself. She has promised that “there are going to be rules” to block such changes. She is not alone. Former President Obama has declared “regulation has to be part of the answer” to disinformation. For her part, Hillary Clinton is looking to Europe to fill the vacuum and called upon her European counterparts to pass a massive censorship law to “bolster global democracy before it’s too late.”

Here is the column:

Continue reading ““Before it’s too Late”: Democrats Shift From Corporate Censorship to State Censorship” →

Columns, Constitutional Law, Free Speech, Media

The First Amendment Option: An Easy Way For Musk To Restore Free Speech on Twitter

Twitter LogoBelow is my column in the Hill on one way for Elon Musk to re-introduce free speech values on his newly acquired social media platform. Pro-censorship advocates like former President Barack Obama may have given Musk a roadmap for restoring free speech on Twitter.

Here is the column:

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Columns, Congress, Constitutional Law, Politics

Destroying Democracy to Save it? Court Advances Effort to Block GOP Candidates from Ballots

Below is my column in the Hill on the recent decision of a federal judge to allow a challenge to Rep. Marjorie Taylor Greene (R., Ga.) from appearing on the ballot as an insurrectionist. In my view, the underlying claim is meritless. The theory, supported by figures like Harvard Professor Laurence Tribe, runs against the clear language and history of the Disqualification Clause of the 14th Amendment.

Here is the column:

Continue reading “Destroying Democracy to Save it? Court Advances Effort to Block GOP Candidates from Ballots” →

Columns, Lawyering, Torts

“Nothing Less Than Everything”: The Depp Trial and The Litigation of Mutual Destruction
YouTube

The defamation trial of actor Johnny Depp against his former wife, Amber Heard, has all of the makings of a Hollywood hit except for the absence of a single redeeming character. The comedian Henny Youngman may have been right that “the secret to a happy marriage remains a secret,” but the Depp trial shows that it is clear how to have a miserable marriage. It includes things like mutually taping each other, throwing objects of varying sizes, and rivaling each other in the competition of conspicuous consumption. Continue reading ““Nothing Less Than Everything”: The Depp Trial and The Litigation of Mutual Destruction” →

Columns, Society

Stopping the “Ding, Dong Party”: Will The Biden Administration Appeal the Mask Ruling?
YouTube Screenshot

A curious thing happened this week after a federal judge struck down the Biden Administration’s mask mandate for airplanes and mass transportation: nothing. In such high-profile litigation, the Justice Department will often announce an emergency appeal to stay the order of the lower court pending an appellate review. Instead, the Administration said it was studying the opinion but that the mandate was no longer in effect. Continue reading “Stopping the “Ding, Dong Party”: Will The Biden Administration Appeal the Mask Ruling?” →

Columns, Free Speech, Media, Politics

Selling Censorship: Could the Twitter Board Trigger Shareholder Lawsuits Over ESG and Anti-Free Speech Policies?

Twitter LogoLast week, Twitter’s Chief Executive Officer Parag Agrawal sounded more like Ukrainian President Volodymyr Zelenskyy in rallying his troops to defy the existential threat of Elon Musk while pledging that they will not be “held hostage.” The threat, however, was not a private buyout but the threat that Twitter might be forced to respect free speech on the site. The problem for the Board members is that they could find themselves in court if their anti-free speech stance continues to stand in the way of shareholder profits.  Such a lawsuit could be a bellwether for shareholder opposition to boards pursuing Environmental, Social, and Governance (ESG) policies over profits.

Continue reading “Selling Censorship: Could the Twitter Board Trigger Shareholder Lawsuits Over ESG and Anti-Free Speech Policies?” →