Category: Columns

Academics, Columns, Congress, Free Speech

Why Antifa Is The Keyser Söze of Social Unrest

Antifa_The_Anti-Fascist_HandbookBelow is my column in the Hill newspaper on yesterday’s hearing in the Senate, which ended abruptly with Sen. Hirono walking out after a confrontation with Sen. Cruz over his objection that the Democrats were avoiding direct criticism of Antifa. In roughly 50 hearings as a witness in Congress, that was a first for me. I have been in a hearing with a lock down but I have never been in hearing with a walk out. I was not sure if I was expected to turn off the lights after both senators left.

The dramatic ending of the hearing however quickly supplanted the underlying issue. As I stated in my testimony, I am less concerned with Antifa’s role in the protests as its role in the growing anti-free speech movement in the United States.

Here is the column: Continue reading “Why Antifa Is The Keyser Söze of Social Unrest” →

Columns, Congress, Constitutional Law, Politics, Society

“Blood-Chilling” or Just A Tweet? Debunking The Coup d’Trump

Below is my column in the Hill newspaper on the continued speculation over President Donald Trump delaying or cancelling the 2020 election. This conspiracy theory first appeared shortly after Trump’s election and became the rage when Vice President Joe Biden predicted that Trump would try to halt the election (and try to steal the election through the Postal Service). Despite the overheated coverage, Trump did not try to delay the election. He cannot delay the election. He asked a question of whether it should be delayed, which Congress can legally do. However, as I said immediately after the tweet, it is a question that is politically absurd and legally unfounded. However, the only thing more ridiculous was the response to this eleven-word question. It is all part of the panic disorder that seems triggered by Trump tweets on a daily basis.

Here is the column: Continue reading ““Blood-Chilling” or Just A Tweet? Debunking The Coup d’Trump” →

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

The Barr Hearing and The Triumph Of Small People In An Era Of Great Events

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Below is my column on the recent hearing before the House Judiciary Committee with Attorney General William Barr.  The hearing was widely ridiculed after Barr was repeatedly prevented from answering questions.  It was a great disappointment.  I just testified on the Lafayette Park controversy and many of us were waiting for a month to hear from Barr directly on the details, particularly the statements of many in the media that the Park area was cleared to allow President Trump to take a picture in front of St. John’s Church.  Democratic members continued to refer to that as a fact (as has many in the media) despite the federal agencies supplying information that shows that the plan was approved days before and the order was given with no knowledge of the photo op. Yet, on repeated occasions Barr tried to supply times and dates, Democratic members immediately “took back the time” and even got angry when he tried to answer.  The same is true on other controversies.  We lost an opportunity to actually answer these questions. Yet, after repeatedly blocking Barr from answering, Speaker Nancy Pelosi called him a “Blob” at the hearing.  He might seemed less blob-like if Democrats allowed him to speak. Instead, the hearing was an example of how Congress will work tirelessly not to find answers when a narrative is too good to check.

Here is the column: Continue reading “The Barr Hearing and The Triumph Of Small People In An Era Of Great Events” →

Columns, Congress, Constitutional Law, Criminal law, Justice, Media, Politics, Uncategorized

Willful Blindness: New Damaging Information On The Russian Investigation Is Promptly Unseen By The Media

Pandora_-_John_William_WaterhouseBelow is my column in The Hill on the recent disclosure of a document showing that the FBI used an agent to gather information for Crossfire Hurricane during campaign briefings of Trump during 2016.  The document directly contradicted the long-standing denial that the investigation to Russian collusion was ever used to gather intelligence on Trump or his campaign.  At the same time, the credibility of the Steele Dossier was further undermined this weekend with the release of new information that Steele misrepresented the sources and information used as the basis for this report, which was funded by the Hillary Clinton campaign and the Democratic National Committee.  The source for the most alarming allegations was revealed as Igor Danchenko, 42, as confirmed to The New York Times,  He was not the “Russian-based” source claimed by Steele and the FBI learned that Steele took third-hard rumors and presented them as hard intelligence in the report used to help justify the Russian collusion investigation. This source was used in the last two renewal applications to the FISA court as a “truthful and cooperative” and “Russian-based,” according to the Justice Department Inspector General report found. So it turns out that the primary “source” of Steele’s dossier was “not a well-connected current or former Russian official, but a non-Russian-based contract employee of Steele’s firm.”

None of this has made any difference to the coverage.  On ABC Sunday, George Stephanopoulos had Chris Christie as a guest but his involvement in the very meeting discussed in the document did not merit a single question from the host.  In the meantime, Democratic leaders, who once mocked the idea of any investigation of Trump or targeting of the campaign, now say that it really doesn’t matter. Rep. Eric Swalwell says that it was actually “the right thing to do.” 

Here is the column: Continue reading “Willful Blindness: New Damaging Information On The Russian Investigation Is Promptly Unseen By The Media” →

Columns, Constitutional Law, Politics, Society

New Proposals Revive Debate Over “Reverse Discrimination”

Below is my column in the Hill on a variety of proposals that could rekindle the debate over “reverse discrimination” in the federal courts.  Many of the proposals seek to adopt exclusive racial classifications that will collide with existing precedent under both statutory and constitutional law.  If this movement is to result in lasting reforms, these threshold legal challenges should be considered.

Here is the column: Continue reading “New Proposals Revive Debate Over “Reverse Discrimination”” →

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

Casting The Stone: How Many Ignore History To Condemn The Stone Commutation As Unprecedented

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Below is my column in the Hill newspaper on the commutation of the sentence of Roger Stone and the objections from various commentators and politicians that it was an unprecedented abuse of this constitutional power.  The political outcry was predictable but it was also accompanied by an ahistorical treatment in Congress and the press. Many leaders lined up to cast the first Stone comment on how it was an unprecedented act despite their own relative silence during past abuses of presidential clemency. Speaker Nancy Pelosi declared that the commutation was “an act of staggering corruption” for someone who “could directly implicate him in criminal misconduct.” House Intelligence Committee Chairman Adam Schiff declared that the commutation left him “nauseous.” Of course, Pelosi, Schiff, and other Democrats seemed to have greater stability and intestinal fortitude after Bill Clinton’s pardoning of his own brother (Roger Clinton), a fugitive Democratic donor (Marc Rich), or his longtime friend (Susan McDougal) who was convicted in an investigation that implicated both Bill and Hillary Clinton. Likewise, Mitt Romney seemed to echo Toobin’s view (below) in declaring this an “unprecedented, historic corruption” when “an American president commutes the sentence of a person convicted by a jury of lying to shield that very president.” However, Romney long heralded his respect and support of President George H.W. Bush despite Bush’s executive clemency actions for six former senior government officials implicated in the Iran-Contra scandal, including former Secretary of Defense Caspar Weinberger. Bush himself was implicated in that scandal and some alleged was protected by their silence. Nevertheless, this Society of Historical Revisionism appears to be expanding with members expressing utter shock at the notion of a president abusing the pardon power.  There were no calls for investigations or new legislation from these politicians at the time.  So, to paraphrase John 8:7, let he or she “without sin among you,”  cast the first Stone criticism.

Here is the column:

Continue reading “Casting The Stone: How Many Ignore History To Condemn The Stone Commutation As Unprecedented” →

Academics, Columns, Media, Politics, Society

The Myth Of The Boston Tea Party

Boston_Tea_Party_Currier_coloredBelow is my column in The Hill on the increasingly common rationalization that looting and property damage is a long-standing tradition first embraced by the Sons of Liberty in the Boston Tea Party.  That historical analogy was very popular in the days before the Fourth of July.  A professor made the comparison on CNN on the Fourth.  The view is widely raised in universities like the column in the University of Arizona’s Daily Wildcat newspaper declaring “The Boston Tea Party was when we first saw looting as a form of protest in America. White people acting out in anger is literally celebrated in our history books.”  Likewise, at the University of Dayton last week, a column stated “There is something to be said when our White founders destroying British property in the Boston Tea Party is glorified in every textbook, but burning down a Target for the rights of African Americans to simply breathe is damned in the media.”

It is a revisionist historical argument that is as convenient as it is wrong.  While the Framers would have supported the vast majority of protesters who engaged in peaceful demonstrations for reform and racial equality, the Sons of Liberty would have been the first to denounce the concept of wanton property destruction or looting as a means for social change.

Here is the column:

Continue reading “The Myth Of The Boston Tea Party” →

Columns, Media, Politics, Society

The Rush Of Judgment: How Recent Stories On Barr Left The Relevant Facts And Law Behind

440px-William_BarrBelow is my column in The Hill newspaper that looks at three different stories attacking Attorney General Bill Barr as acting unethically and corruptly from the Flynn case to the Berman decision to the Cohen case.  I have not hesitated to criticize Barr on his policies or actions. However, these are based on long-standing differences over constitutional and legal issues.  It is the character attacks that I found notable in last week’s stories particularly in the absence of supporting evidence.

Here is the column:

Continue reading “The Rush Of Judgment: How Recent Stories On Barr Left The Relevant Facts And Law Behind” →

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

“Irreparable Harm”: How The Flynn Case Became A Dangerous Game Of Legal Improvisation

440px-Michael_T_FlynnBelow is my column in USA Today on the D.C. Circuit ordering Judge Emmet Sullivan to dismiss the case of former National Security Adviser Michael Flynn.  After this column ran, new evidence emerged that further undermined the FBI and the targeting of Flynn, as discussed in another recent column.  Notes from fired FBI Special Agent Peter Strzok show that former FBI Director James Comey told President Barack Obama and Vice President Joe Biden that Flynn’s call to the Russian diplomat “appear legit.”  Nevertheless, Biden (who denied having anything to do with the case) is noted as raising the idea of a charge under the facially unconstitutional Logan Act, a law that has never been used successfully to charge a single person since the beginning of this Republic.  Comey of course was the one who later bragged that he “probably wouldn’t have … gotten away with it” in other administrations, but he sent “a couple guys over” to question Flynn, who was settling into his new office as national security adviser. We now know that, when Comey broke protocols and sent the agents, he thought the calls were legitimate and that agents wanted to dismiss the investigation in December for lack of evidence. They were prevented from doing so as Strzok, Biden, and others discussed other crimes, any crime, to nail Flynn just before the start of the Trump Administration.

If all of that seems “illegitimate” and “irregular,” it pales in comparison to how two judges on the D.C. panel viewed the handling of the Flynn case by Judge Emmet Sullivan.  It seems that everyone from the President to the Vice President to the FBI Director to ultimately the federal judge have engaged in a dangerous form of improvisational law when it came to Michael Flynn.  That will now hopefully end though many questions still remain.

It is possible for Judge Sullivan to appeal, though the upcoming hearing on Flynn has been removed from the docket.

Here is the column: Continue reading ““Irreparable Harm”: How The Flynn Case Became A Dangerous Game Of Legal Improvisation” →

Columns, Criminal law, Free Speech, Media, Politics, Society

History Shows Free Speech Is The Loser In Mob Action

Below is my column in The Hill on the ongoing destruction of memorials and statues. After this column ran, I learned that one of the iconic busts of George Washington University had been toppled on my own campus. I did not learn that from our university, which was conspicuously silent about this destructive act at the very center of our campus.  There is something eerily familiar in the scenes of bonfires with police watching passively as public art is destroyed.  Such acts are akin to book burning as mobs unilaterally destroyed images that they do not want others to see.  There are valid issues to address on the removal of some public art but there is no room or time for debate in the midst of this spreading destruction.  Even when there is merit to objections to literally or artistic or historical works, mob action threatens more than the individual work destroyed by such action. The media has largely downplayed this violence, including little comparative coverage of an attack on the Democratic state senator who simply tried to videotape the destruction of a statue to a man who actually gave his life fighting against slavery in the Civil War.  As discussed earlier, history has shown that yielding to such mob rule will do little to satiate the demand for unilateral and at times violent action. People of good faith must step forward to demand a return to the rule of law and civility in our ongoing discourse over racism and reform.

Here is the column:

Continue reading “History Shows Free Speech Is The Loser In Mob Action” →

Columns, Constitutional Law, Courts, Criminal law, Free Speech, Media, Politics

Bolton’s Win Could Cost Him More Than Just Profits

John_R._BoltonOn Saturday, federal district court judge Royce Lamberth denied a motion to enjoin the release of former National Security Adviser John Bolton’s tell-all book in a 10-page order.  The book, titled “The Room Where it Happened,” is already in circulation with reporters literally standing outside of the courthouse reading from it.  As argued in the column before the decision, Lamberth rejected the injunction.  However, he lambasted Bolton for his failure to complete the classification review that he agreed to as part of his taking the position with President Donald Trump.  There are already possibly classified subjects being teased out of the book by the media.  Lamberth decried the fact that Bolton has “gambled with national security” and said that his actions “raise grave national security concerns” but “the damage is done.” Perhaps it is done for the release but the damage to Bolton may only be beginning. As Lamberth noted, he now faces civil and criminal liability, which are discussed in the column. 

Here is the column: Continue reading “Bolton’s Win Could Cost Him More Than Just Profits” →

Columns, Constitutional Law, Criminal law, Media, Politics, Uncategorized

Chopped: How Seattle Is Defining Leadership In Seattle And Washington

Jenny_Durkandonald_trump_president-elect_portrait_croppedBelow is my column in the Hill on the controversy over the creation of the Capitol Hill Autonomous Zone, better known as Chaz.  Well, it was Chaz. “The autonomous zone formerly known as CHAZ” is now the Capitol Hill Occupied Protest (CHOP). As W.C. Fields said “It ain’t what they call you, it’s what you answer to.” The problem is that Chief Best said no one is answering their calls.  Chief Carmen Best stated today that the name had apparently changed but that they have yet to identify people who will speak for CHAZ or CHOP. She also noted that there appears to be widely different demands. That presents a serious barrier to a resolution.

RIP CHAZ. All Hail CHOP, but the question of leadership remains.  Here is the column:

Continue reading “Chopped: How Seattle Is Defining Leadership In Seattle And Washington” →

Columns, Criminal law, Media, Politics, Society

Bowser’s Historical Revision: Before Lafayette Park, There Was Pershing Park

Muriel_Bowser_official_photoBelow is my column in The Hill newspaper on Mayor Muriel Bowser’s unquestioned statements about how she is shocked by the federal actions against peaceful demonstrators.  Bowser told CNN’s Cooper “I think I’ve been shocked all week about how the federal government behaved against American citizens.” For some of us, the statement came across as a Claude Rains moment of being “shocked, shocked” that protesters are being silenced in D.C. She (and CNN) ignored the actions of her Chief of Police and her dismissal of objections of civil libertarians to Newsham’s appointment.  Now, that was truly shocking.

Here is the column

Continue reading “Bowser’s Historical Revision: Before Lafayette Park, There Was Pershing Park” →

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

Revolution Redux? How A Movement For Reform Is Becoming A Platform For Radicalism

Anonymous_-_Prise_de_la_BastilleBelow is an updated version of my column in The Hill newspaper on how the discussion of reforms following the killing of George Floyd has been increasingly overtaken by the most radical elements in politics and commentary.  The atmosphere is strikingly similar for those familiar with history and specifically the course of the French Revolution. That image of reformists becoming reactionaries was particularly evident in New York Mayor Bill de Blasio being booed by a crowd calling for his resignation and the same response to Minneapolis Mayor Jacob Frey when he refused to commit to defunding and dismantling the police department.  In Washington,  Mayor Muriel Bowser ordered the square near the White House to be named “Black Lives Matter” Square with giant letters painted on the street.  BLM however denounced it as a meaningless stunt and activists added ‘Defund the Police.”  Bowser refused to answer multiple questions on whether she would remove the added words. To do so is to risk a scene like the ones in Minneapolis and New York.

As writers, editors, and politicians yield to extreme measures, they might want to consider the fate of those who sought to ride the radical wave of the French Revolution.

Here is the column: Continue reading “Revolution Redux? How A Movement For Reform Is Becoming A Platform For Radicalism” →

Academics, Columns, Criminal law, Politics, Society

Devouring Its Own: How Many On The Left Fostered The Violent Movement Now Rioting Across The Country

Antifa_The_Anti-Fascist_HandbookBelow is my column in The Hill newspaper on the role of familiar groups like Antifa in the violence following the death of George Floyd.  Attorney General Bill Barr acknowledged yesterday that there is a “witches’ brew” of groups fostering violations, including an anarchist group from the right. The anarchists on the left or right are opportunists who will strike at any time of unrest to seek the breakdown of order. While the number of Antifa arrests have been challenged as exaggerated, police are reporting a number of Antifa, radical left, and anarchist members arrested in various states. (here and here and here and here and here) These are groups that are all too familiar to some of us on college and university campus.  While I have opposed efforts to declare Antifa a terrorist organization, the role of all of these groups in the recent violence should be a cautionary tale for academics and politicians alike in the tolerance shown for such anti-free speech movements.  Many leaders and academics have denounced such groups on the right (some of which are also active in these riots), but notably have been more muted in condemning anti-fascist and left-anarchist groups.

Here is the column:

Continue reading “Devouring Its Own: How Many On The Left Fostered The Violent Movement Now Rioting Across The Country” →