Category: Columns

Columns, Criminal law, Politics

Garland’s Theater of The Absurd: Why the Hunter Biden Scandal is No Longer a Laughing Matter

Below is my column in the New York Post on the expanding scandal surrounding the Hunter Biden investigation. Even CNN legal analysts are now calling the handling of the investigation at the Justice Department an “unholy mess.” The responsibility for this theater of the absurd is Attorney General Merrick Garland who has again shown a lack of strength and leadership at a key moment for his department.

Here is the column: Continue reading “Garland’s Theater of The Absurd: Why the Hunter Biden Scandal is No Longer a Laughing Matter” →

Academia, Columns, Constitutional Law, Politics

The Disqualification of Donald Trump and Other Legal Urban Legends

Below is a slightly expanded version of my column in The Hill on the increasingly popular theory that former president Donald Trump is already barred from office under the 14th Amendment. It is a theory that, in my view, has a political appeal that outstrips its constitutional support. In a constitution designed to protect free speech and prevent the concentration of power, this theory would allow for the banning of candidates based on fluid definitions of aiding and abetting insurrection. Such ballot cleansing is common in countries like Iran where citizens await to learn which opposition candidates will be allowed to run. While we are thankfully far from the authoritarianism of these other countries, the implications of this theory for our constitutional system are still chilling.

Here is the column: Continue reading “The Disqualification of Donald Trump and Other Legal Urban Legends” →

Columns, Criminal law, Politics

Lock Him Up! The Excitement over Trump in Prison is Tellingly Premature

Below is my column in USA Today on the growing excitement among pundits on the prospect that former President Donald Trump could be going to jail. The celebration is a tad premature. Indeed, Trump could be convicted before the election and not be sent to prison for years, if ever. This is not to say that Trump will not go to prison. He most certainly could go to jail. However, the prospect of prison depends on the specific conviction, long appellate challenges, and pardons.

Here is the column: Continue reading “Lock Him Up! The Excitement over Trump in Prison is Tellingly Premature” →

Columns, Free Speech, Media, Politics

Washington’s ‘Whoo-Hoo’ Moment: Trump Indictment Coverage Borders on the Indecent

Below is my column in The Messenger on the celebrations after the fourth indictment of former president Donald Trump — and the dismissal of any concerns over the implications of these prosecutions for free speech. Some Democrats are warning that they need to avoid the public displays of joy. The danger is that Democrats just might conga their way into another 2016 backlash against the establishment.

Here is the column:

Continue reading “Washington’s ‘Whoo-Hoo’ Moment: Trump Indictment Coverage Borders on the Indecent” →

Columns, Constitutional Law, Criminal law, Politics

The Jackson Pollock School of Prosecution: Why The Latest Trump Indictment is Both Serious and Dangerous

Below is my column in the Daily Beast on the fourth indictment of former President Donald Trump by Fulton County District Attorney Fani Willis.  While I have said that this indictment presents a serious threat to Trump, I am still troubled by the implications of the indictment for free speech and future election challenges.

Here is the column: Continue reading “The Jackson Pollock School of Prosecution: Why The Latest Trump Indictment is Both Serious and Dangerous” →

Columns, Criminal law

“Oh Georgia, No Peace I Find”: The Fourth Indictment of Donald Trump and the Criminalization of Election Controversies

Below is my column in The Messenger on the Georgia indictment. As expected, the indictment is a sweeping racketeering based prosecution involving former president Donald Trump and the 18 other defendants. The scope of the alleged conspiracy is massive.  “The call” is one of those steps but the famous line that has occupied hours of coverage (and led to the investigation) is not the central allegation. Indeed, every call, speech, and tweet appears a criminal step in the conspiracy. District Attorney Fani Willis appears to have elected to charge everything and everyone and let God sort them out.

Here is the column from yesterday before the release of the indictment:

Continue reading ““Oh Georgia, No Peace I Find”: The Fourth Indictment of Donald Trump and the Criminalization of Election Controversies” →

Columns, Criminal law, Justice, Politics

“Shoeless Joe” and the Fixing of the Biden Scandal

Below is my column in The Hill on the appointment of David Weiss as special counsel. Despite my enthusiastic support at this nomination, I have come to view Attorney General Merrick Garland as a failure as Attorney General. This decision captures why I have lost faith in his leadership — and why his department is at one of the lowest levels of public trust.

Here is the column: Continue reading ““Shoeless Joe” and the Fixing of the Biden Scandal” →

Columns, Congress, Criminal law, Politics

“Illusion of Influence”: The Media Moves the Goalpost Again on Biden Corruption Coverage

With the new disclosures in the Biden corruption scandal, the media has, again, pivoted to avoid acknowledging the obvious. It now has a new demand before it will fully recognize or report on the scandal. Of course, after long repeating denials of Joe Biden that he ever knew about his son’s foreign business deals, the media must now recognize that Hunter was selling influence and access. So they have added yet another task: show Joe Biden actually accepting money. Continue reading ““Illusion of Influence”: The Media Moves the Goalpost Again on Biden Corruption Coverage” →

Columns, Politics

The Illusion of Scandal: How Washington is Attempting to Dismiss $20 Million as an Illusion

I previously wrote a column marveling at the success of the Bidens in pulling off one of the neatest tricks in political history. I analogized it to how Houdini used to make his 10,000-pound elephant Jennie disappear on a stage in front of a live audience. The media and political establishment is now striving to top that performance by declaring $20 million in payments to Biden family members as an “illusion” of influence. At the heart of this scandal is the BFF, the Biden Family Fund.

Here is the column: Continue reading “The Illusion of Scandal: How Washington is Attempting to Dismiss $20 Million as an Illusion” →

Columns, Congress, Constitutional Law, Criminal law

How Donald Trump’s Indictment Could Backfire on Joe Biden

Below is my column in The Messenger on how the second indictment could prove damaging for President Joe Biden. Ironically, both Trump indictments have blowback potential for Biden on the retention of classified material and the dissemination of false claims. Notably, the New York Times has reported that Biden has had his own Thomas Becket moments in telling aides that he wanted Trump indicted and criticizing the Attorney General Merrick Garland for the delay. It is not clear if Smith will “rid [Biden] of this meddlesome president,” but his theory of criminality could prove costly to Biden himself. Indeed, it could be used as a basis for an impeachment inquiry.

Here is the column:

Continue reading “How Donald Trump’s Indictment Could Backfire on Joe Biden” →

Columns, Constitutional Law, Free Speech

The Mind of Donald Trump: Why Proving a Lie Will Not Necessarily Secure a Conviction for Jack Smith

Below is my column in The Hill on how the second indictment of Donald Trump could fail even if Special Counsel Jack Smith could prove that the former president knew that he was lying after the election. Proving his state of mind will be controversial, but, even if successful, it would not necessarily be determinative in the constitutional challenges to come.

Here is the column: Continue reading “The Mind of Donald Trump: Why Proving a Lie Will Not Necessarily Secure a Conviction for Jack Smith” →

Columns, Free Speech, Media, Politics

Yielding to Temptation: Jack Smith’s Indictment Seeks to Bag Donald Trump at any Cost

Below is my column in the Daily Beast on the second federal indictment of former president Donald Trump.  I remain deeply concerned over the implications of free speech from this prosecution. Indeed, the general dismissal of these concerns by legal experts shows how our current rage politics can blind us to dangers even to our own fundamental rights.

Here is the column: Continue reading “Yielding to Temptation: Jack Smith’s Indictment Seeks to Bag Donald Trump at any Cost” →

Columns, Constitutional Law, Free Speech

Making History in the Wrong Way: The Second Trump Indictment is a Threat to Free Speech

Below is my column in USA Today on the second indictment of former President Donald Trump. While many are celebrating the charges, the implications for free speech are chilling. While Smith did not charge incitement or insurrection (or seditious conspiracy), commentators (and Smith) portrayed the case as holding Trump accountable for the actual riot in the Capitol. Notably, the same pundits and politicians previously insisted that the rejected crimes were obvious and well-established. Indeed, Trump was impeached on incitement charges. They are now shrugging off the conspicuous omission of those charges while attacking those of us with free speech concerns as apologists.

Here is the column: Continue reading “Making History in the Wrong Way: The Second Trump Indictment is a Threat to Free Speech” →

Columns, Congress, Criminal law

The Biden ‘Brand’: Devon Archer Reveals the ‘Niceties’ of Influence-Peddling

Below is my column in The Messenger on the new evidence supplied by Hunter Biden’s close friend and former business associate Devon Archer. The effort of Rep. Dan Goldman to spin the damaging testimony spiraled out of control as it did in his prior effort to question IRS whistleblowers. Goldman is demanding that any further investigations stop immediately after a key witness showed that President Biden has been lying for years in denying that he had any knowledge of his son’s foreign dealings. Archer discussed over 20 calls from Joe Biden and the use of the calls to “sell the brand.” The second Trump impeachment was launched on the basis for a single phone call, but Goldman insists that the millions that were received by the Bidens, the countervailing whistleblower testimony, the proven false statements, and the allegation of bribery are all insufficient to ask any further questions.

Here is the column:

Continue reading “The Biden ‘Brand’: Devon Archer Reveals the ‘Niceties’ of Influence-Peddling” →