Supreme Court

I recently published a column in the Los Angeles Times on reforming the Supreme Court with three fundamental changes that could be accomplished without a constitutional amendment.  Below is a longer version of that column on the three reforms and their implications.

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ap17024739756097donald_trump_president-elect_portrait_croppedBelow is my column in The Hill newspaper on the nomination of Tenth Circuit Neil Gorsuch.  If President Trump sought to change the subject from immigration, I doubt this will do it. However, as I discuss in the column, if he sought to quiet restless Republicans over a truly dreadful performance of the Administration in the first week, the nomination should do so. He is a jurist with impeccable credentials and will be very impressive in the upcoming hearings.  He is, to put it simply, a game changer.

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donald_trump_president-elect_portrait_croppedBelow is today’s column in USA Today on the protests against President-Elect Donald Trump and why, despite having a house full of family members and friends who have come to protest Trump, I will not be joining them. Instead, I will be home with my kids as we have been in every inauguration – celebrating the peaceful transfer of power in our democracy and wishing the newly elected president (and our country) the best with an inaugural toast. I criticized Trump (and Hillary Clinton) during the campaign (and I will not hesitate to criticize Trump again for policies or actions that I disagree with). However, I find the claims of illegitimacy and attacks this week to be highly disturbing. I totally respect the right of people to come to protest Trump and his policies. However, there appears to be a concerted effort to delegitimize his presidency and create a type of political mythology about this election.

In this column I discuss that mythology and, more importantly, the meaning of the day of inauguration for many of us. Regardless of my criticism of both Trump and Clinton, I always knew that on January 20th I would raise a glass to the 45th President of the United States and wish him or her . . . and us . . . the best of luck in the coming years. It is a time when we reaffirm our commitment not so much to a politician but to each other. We reaffirm a common article of faith that, despite our disagreements and divisions, we remain one country joined by our belief in democratic transition and government. There is much to celebrate this week as a glance around the world at places like Gambia will readily confirm. Donald Trump will be the 45th President. Our President.
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America’s Game of Thrones Election: “Hate’s As Good a Thing As Any To Keep A Person [Voting]. Better Than Most”

game_of_thrones_title_card-1While a curious 28 percent are happy with the current meltdown of our political system, most Americans are disgusted by the choices and tenor of this election. With the two most unpopular nominees to ever run for president for the main parties, both campaigns long ago abandoned the hope of getting voters to actually vote for their candidates. Instead, they are focusing on simply getting voters to hate the other candidate more than their own. In the midst of this race to the bottom, Wikileaks has given the public a new insight into the communications of political operatives, media, and activists. While stolen (and allegedly the product of Russian hacking), the public has been fascinated — and disgusted — by the contents of the emails. The emails have exposed a cesspool of hypocrisy, betrayal, and dishonesty in Washington. The more one reads, the harder it is to understand how this country could fallen into such absolute control of so few with so little integrity. While the Wikileaks emails recently have focused on the Clinton campaign, there is little in Washington that resembles any notion of civil virtue on either side. Strangely, the longer the campaign goes on, the more this election looks like a season of Game of Thrones. Below is my column in USA Today for those seeking insights from the “Seven Kingdoms.”
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Searching For Answers In The Land Of The Immunized: FBI Discloses Five Separate Immunity Deals In Email Scandal

Jcomey-100cheryl_d-_millsLast week, the disclosure of a total of five immunity agreements handed out by the Justice Department as part of its investigation of the Clinton email scandal. The extent of the deals and the recipients were surprising, particularly in the failure to previously disclose those deals. As a criminal defense lawyer, I was surprised to see the deals include Cheryl Mills, one of the highest officials accused in the deletion of tens of thousands of emails and the failure to heed warnings over the risk to national security from the use of the Clinton private server. Below is the column.

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