Below is my column in the Hill newspaper on the implications of the still developing Ukraine story. The testimony yesterday and release of the information on the complaint still lacks the critical nexus needed for a public corruption crime. If you establish the basis for such a crime, then the use of the separate server becomes a serious problem as covering up a crime. But you still need a crime. Otherwise, Trump can argue that he had been the victim of leaks about diplomatic calls and they took the step to better control access to such information. So, if you want impeachment, find the quid.
Below is my column in the Hill newspaper on the recent allegations published by the New York Times against Justice Brett Kavanaugh. Despite the drafting of an impeachment resolution, the Democratic leadership has signaled that it has no intention of moving forward with an investigation. Instead it has been the New York Times that have been on the defensive over omissions from the column. Nevertheless, most of the Democratic candidates for president have called for Kavanaugh’s impeachment.
Below is my column in The Hill on the recent filings in federal court by the Justice Department opposing the effort of the House Judiciary Committee in seeking grand jury material redacted from the Mueller Report. The Justice Department is relying on the comments of Speaker Nancy Pelosi in arguing that there is no real impeachment investigation proceeding in the House.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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: