Category: Columns

Columns, Criminal law, Media

“Dirty Political Trick”: Hunter Biden Calls for Criminal Investigations of Critics and Media

Below is my column in the New York Post on the letters sent by Hunter Biden’s lawyer Abbe Lowell calling for criminal investigations, the removal of tax exempt status, and other measures targeting critics and media. It also appears to confirm that the laptop is indeed Hunter’s. However, the next day, Lowell told NBC “These letters do not confirm Mac Isaac’s or others’ versions of a so-called laptop.” It is a curious position when asking for criminal investigations like asking police to look for people who may or may not have stolen a car that may or may not be yours. The defamation and privacy claims suggested in the letter are dubious and ill-defined. However, Hunter is apparently asking for money to pay for his high-priced legal team. It is not clear if these donations would also be used to fund his cruel and craven effort to prevent his daughter from using his surname. Nevertheless, Hunter is outraged that the computer that he abandoned has been used for what his lawyer calls “this failed dirty political trick.”

Here is the column: Continue reading ““Dirty Political Trick”: Hunter Biden Calls for Criminal Investigations of Critics and Media” →

Academia, Columns, Criminal law

“All Clear”: How the FBI Handling of the Biden Investigation Could Make Things Difficult for Hur

Below is my column in the New York Post on the latest developments in the Biden classified document investigation. The latest search occurred on the first day at the office for Robert Hur as Special Counsel. He may find that any potential criminal case has already been made more difficult by decisions by the FBI.

Here is the column: Continue reading ““All Clear”: How the FBI Handling of the Biden Investigation Could Make Things Difficult for Hur” →

Academia, Columns, Criminal law

Delawhere? The Justice Department Remains Silent on Curious Omission from Searched Locations

Below is my column in Fox.com on the current status of the investigation into the Biden classified documents. The search of the Rehoboth Beach residence did not find classified material. The search, however, raises the question of a massive amount of Biden material held at the University of Delaware. Biden has pledged to be “very transparent” but continues to block any public or press access to this material.

Here is the column:

Continue reading “Delawhere? The Justice Department Remains Silent on Curious Omission from Searched Locations” →

Academia, Columns

Captives or Consumers? Public Education Could Be Facing a Major Change

Below is my column in the Hill on moves by some states to create greater choice and control for parents over the education of their children. The move to use funding to change the status quo could soon be used in higher education. Not only are alumni beginning to withhold contributions to schools with little or no diversity or tolerance on their faculties, but states could reduce their levels of support.

Here is the column: Continue reading “Captives or Consumers? Public Education Could Be Facing a Major Change” →

Columns, Criminal law

The Nichols Tapes and Their Impact on the Prosecution of the Former Memphis Officers

Below is my column on the release of the videotapes in the Nichols case and what they suggest about the prosecution of the five officers accused of murder. This is the longer version of the column that ran in the New York Post.

Here is the column: Continue reading “The Nichols Tapes and Their Impact on the Prosecution of the Former Memphis Officers” →

Columns, Criminal law, Politics

Pardon or Prosecute? The 2024 Election and the “Get Out of Jail Free” Vote

Below is my column in the Hill on how the two criminal investigations over classified documents could create an unprecedented constitutional conflict in 2024. We are likely to have two candidates with their own respective special counsels. One or both could be indicted. Either way, the election could protect the winner practically from prosecution either due to a self-pardon or an internal Justice Department rule. A vote for Biden or Trump could therefore literally prove to be a “get out of jail free” card.

Here is the column:

Continue reading “Pardon or Prosecute? The 2024 Election and the “Get Out of Jail Free” Vote” →

Columns, Criminal law, Justice, Politics

The Immaculate Possession: Biden Defense is Fast Becoming Unsustainable

Below is my column at Fox.com on the most recent discovery of classified documents at one of the homes of President Joe Biden. Despite the latest discovery, allies like Sen. Chris Coons were on Sunday shows repeating his assurance that “there is no there there.” The insistence that the record clearly shows innocent “inadvertence” now borders on willful blindness as inadvertent possession occurs over and over again with documents from both Biden’s time as a senator and as vice president. A decade of inadvertence.

Here is the column: Continue reading “The Immaculate Possession: Biden Defense is Fast Becoming Unsustainable” →

Columns, Criminal law, Politics

“I Have No Regrets”: President Biden Breaks Long Silence With Shattering Admission

President Joe Biden has something that he wants the public to know. After the discovery of highly classified material in Biden’s former office, his garage and library, the President wanted to make one thing (and only one thing) perfectly clear: “I have no regrets.” Continue reading ““I Have No Regrets”: President Biden Breaks Long Silence With Shattering Admission” →

Columns, Criminal law, Justice, Lawyering

“We’re Here to Help”: The Justice Department Makes The Case . . . for a Congressional Investigation

Below is my column in the New York Post on the Wall Street Journal report that the Justice Department declined an offer to conduct the searches for the Biden classified documents after the discovery on Nov. 2. There is a new report this morning that Justice Department officials did go to the residence in Delaware to collect the documents. That in itself is not surprising since the transport of classified documents triggers its own security protocols. It generally required a certified courier or someone else with authority to transport such documents. The question is whether the officials were present for the search. There is no investigatory reason why such facts remain the subject of speculation and leaks. The Justice Department can simply state that the White House is not prevented from giving a full account of what transpired in each of these searches.

Here is the column: Continue reading ““We’re Here to Help”: The Justice Department Makes The Case . . . for a Congressional Investigation” →

Columns, Criminal law, Lawyering

All The President’s Men: Biden’s Use of Lawyers Raises Additional Concerns Over Handling Classified Material

Below is my column in the New York Post on the curious use of lawyers by President Joe Biden in the classified document controversy. There was a clear decision made to rely on his own counsel rather than the FBI or security officers after the discovery of highly classified documents in a closet in a private office. The decision clearly brings greater control and protection for the President, but it can itself be viewed as additional evidence of gross mishandling of classified material. In the movie “All The President’s Men,” Woodward chastises his colleague Bernstein that “I don’t mind what you did; I mind how you did it.” President Biden may face the same objection in his decision to use counsel to search for classified material.

Here is the column:

Continue reading “All The President’s Men: Biden’s Use of Lawyers Raises Additional Concerns Over Handling Classified Material” →

Columns, Politics

The Importance of Being Biden: How Hunter Reached a New Low in Seeking to Bar Daughter From Using His Name

In Oscar Wilde’s “The Importance of Being Ernest,” the main character’s search for his true name comes to a head when he finally demands “would you kindly inform me who I am?” In an astonishing filing this week, Hunter Biden answered that question for his four-year-old daughter Navy Joan and effectively declared “you are no Biden.” Continue reading “The Importance of Being Biden: How Hunter Reached a New Low in Seeking to Bar Daughter From Using His Name” →

Columns, Criminal law

Biden’s Corvette Defense Was a Lemon But His “Inadvertence” Defense Could Prove Worse

Below is my column on Fox.com on President Joe Biden’s comment on his corvette and the unfolding of a defense from his counsel, including the “inadvertence” defense. While this defense is better than the conspiracy theory put forward by Rep. Hank Johnson (D., Ga.) and others that the documents may have been planted, it has some obvious risks and conflicts.

Here is the column:

Continue reading “Biden’s Corvette Defense Was a Lemon But His “Inadvertence” Defense Could Prove Worse” →

Columns, Criminal law, Media, Politics

“Promise Me, Dad:” Biden’s Book Could Become the Focus of the Investigation of his Possession of Classified Material

Below is my column in the New York Post on one possible explanation for the distribution and division of classified documents in a former office, a garage, and the library of President Joe Biden. If evidence links the President’s work in his book to any of these documents, his “inadvertent defense” will be shattered and deepen the danger of the ongoing criminal investigation. There are many who are hoping that Biden with “Promise me” that he was not reckless enough to work of any of these documents on Ukraine, China, and other issues from this time as Vice President.

Here is the column:

Continue reading ““Promise Me, Dad:” Biden’s Book Could Become the Focus of the Investigation of his Possession of Classified Material” →

Columns, Criminal law, Media, Politics

Biden’s “Surprise” Grows With Reported Discovery of Second Batch of Classified Documents

Below is a slightly modified version of my NY Post column on the discovery of the second batch of classified documents in areas previously used by President Joe Biden. A number of questions remain unanswered by the perplexing response of President Biden that he will not even ask about the identity of these documents on advice of counsel.  However, with the discovery of a second batch of classified documents at a different location, the President’s “surprise” could grow exponentially in the days to come. You might want to find a chair . . . the forthcoming spin from the press and pundits could produce global vertigo. Continue reading “Biden’s “Surprise” Grows With Reported Discovery of Second Batch of Classified Documents” →

Columns, Criminal law, Justice

Biden’s Classified-Records Headache is Garland’s Special-Counsel Nightmare

Below is my column in the Hill on the implications of the discovery of classified documents in a prior private office of now President Joe Biden. The discovery (and later addition of a second batch of classified material at a second location) is magnifying the inherently conflicted position of Attorney General Merrick Garland.

Here is the column: Continue reading “Biden’s Classified-Records Headache is Garland’s Special-Counsel Nightmare” →

Res ipsa loquitur – The thing itself speaks