Category: Columns

Columns, Constitutional Law, Media, Politics

The Trump Subpoena: Why the Jan 6 Committee’s Timing is both Terrible and Telling
C-Span Screengrab

Below is my column in The Hill on issuance of a subpoena for former President Donald J. Trump by the January 6th Select Committee. It brought together two obsessions: the Bears and the law. The final scheduled play in both the Bears game and the Committee hearings had one striking similarity. In both cases, the throw was solid but it came too late and the reception was much in doubt.

Here is the column: Continue reading “The Trump Subpoena: Why the Jan 6 Committee’s Timing is both Terrible and Telling” →

Bizarre, Columns, Criminal law, Media, Politics

“He was not Arrested”: CNN and MSNBC Ex-Bosses Struggle to Justify Burying the Hunter Biden Story
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“Denial is not just a river in Africa.” Those sage words from SNL character Stuart Smalley seemed prophetic this week as ex-MSNBC boss Phil Griffin and ex-CNN boss Jeff Zucker were confronted about their burying of the Hunter Biden story. Their tortured and transparent rationalizations caused an immediate response from some of us who have written about the scandal since its inception. That included Griffin’s almost laughable claim that their approach before the election was justified because “he was never arrested.” Continue reading ““He was not Arrested”: CNN and MSNBC Ex-Bosses Struggle to Justify Burying the Hunter Biden Story” →

Columns, Constitutional Law, Media, Politics

Will Musk “End Twitter As We Know it”? I Sincerely Hope So

Twitter LogoBelow is my column in USA Today on the panic among political and media figures at the prospect that Elon Musk might return free speech protections to Twitter. I have long advocated what I call the “First Amendment model” for social media to replicate the standards applied to the government. While I am often called a “free speech absolutist,” I recognize that a social media company (like the government) has some ability to curtail speech containing elements like threats. The question is the baseline, which is far lower when modeled on the First Amendment. This admittedly means that some offensive or false claims will be allowed on social media, which will function closer to a common carrier or other means of communications like telephones. Rather than continue the expanding level of censorship and biased “content modification,” free speech can address such bad speech with better speech.

Here is the column: Continue reading “Will Musk “End Twitter As We Know it”? I Sincerely Hope So” →

Columns, Congress, Criminal law, Politics, Society

“Something That Horrified Us All”: Emails Reveal Mayorkas was Warned that Migrant Whipping Story was False

Homeland Security Secretary Alejandro Mayorkas has finally crossed the line into infamy. No, it is not because of the record level of border crossings with millions pouring into the country. It is not the obvious lack of confidence of the rank and file officers in Mayorkas. It is not even past controversies like his Orwellian “Disinformation Governance Board.” Continue reading ““Something That Horrified Us All”: Emails Reveal Mayorkas was Warned that Migrant Whipping Story was False” →

Columns, Criminal law, Politics

The Seven-Percent Solution: How Hunter Biden Allies are Turning to Addiction as a Last Line of Defense

Below is my column in the New York Post on the increasing use of Hunter Biden’s history of addiction as a defense or excuse for his conduct as possible charges are reportedly under consideration in Delaware. The use of the addiction defense omits a few salient points in the record of influence peddling by Hunter Biden. His cocaine addiction is now the “seven-percent solution” to avoid any public airing of the corrupt multimillion dollar enterprise connected to the Biden family.

Here is the column:

Continue reading “The Seven-Percent Solution: How Hunter Biden Allies are Turning to Addiction as a Last Line of Defense” →

Columns, Criminal law, Media, Politics

The Golden Rule and the Hunter Biden Scandal: Three Questions Raised by the FBI Leak

Below is my column in the Hill on the noticeably narrow scope of charges referenced in the recent FBI leak from the Delaware investigation. The leak raises a number of intriguing questions in its wake.

Here is the column: Continue reading “The Golden Rule and the Hunter Biden Scandal: Three Questions Raised by the FBI Leak” →

Columns, Constitutional Law, Courts, Politics

“Jim Eagle” Has Landed: A Federal Court Rejects Challenge to Georgia Election Law

Below is my expanded column in Fox.com on the recent decision finding the Georgia election law constitutional. That was the law widely denounced by President Joe Biden and other Democratic leaders as unconstitutional as a “new Jim Crow” law. The media repeated the claim despite some of us noting that the law fit well within existing precedent and even shared conditions with blue states like Delaware. Now that the challenge to election law changes denounced as voter suppression have been entirely rejected, there is little more than a shrug from some of the same figures and outlets.

Here is the column: Continue reading ““Jim Eagle” Has Landed: A Federal Court Rejects Challenge to Georgia Election Law” →

Columns, Constitutional Law, Courts, Politics

From Affirmative Action to Andy Warhol: Buckle up for a Wild Supreme Court Term

Below is my column in The Hill on the start of the new Term for the Supreme Court. The column predicts that critics will likely respond to the expected new precedent by attacking the integrity rather than the interpretations of the justices.  I was wrong. The New York Times did not wait for any new decisions and attacked the integrity of the conservative justices as the “judicial arm of the Republican Party.” Does that make the three liberals justices voting together on the Court the “judicial arm of the Democratic Party”?  Of course not. Justices are only partisan to the degree that you disagree with their jurisprudential views.

Here is the column: Continue reading “From Affirmative Action to Andy Warhol: Buckle up for a Wild Supreme Court Term” →

Columns, Congress, Constitutional Law, Politics

New Book Reveals Democratic Decision to Abandon Due Process and Historical Precedent to Impeach Trump

Below is today’s column in Fox.com on the new disclosures in a new book on the Trump impeachment. The authors allege that House Judiciary Committee Chair Jerrold Nadler, D-N.Y., and his staff raised virtually the same procedural objections that I made in my testimony about the House abandoning both historical precedent and due process guarantees. The book directly contradicts public statements made by Speaker Nancy Pelosi and House Intelligence Committee Chair Adam Schiff.

Here is the column:

Columns, Criminal law, Politics, Society

Reefer Madness: The New York Law on Legalized Marijuana is a Triumph of Politics over Logic

Below is my column in the Wall Street Journal on the New York plan for subsidizing marijuana businesses with a preference for those with prior criminal records — or their family members. Legislators yielded to every political temptation in piling on dubious tax burdens and class-based preferences on this new market.

Here is the column: Continue reading “Reefer Madness: The New York Law on Legalized Marijuana is a Triumph of Politics over Logic” →

Columns, Constitutional Law, Politics

Was Overturning Roe a “Blessing”? Only if Democrats Can Avoid the Details of the Right to Abortion

Below is my column in the Hill on the focus on abortion in this election, including the advocacy of an absolute right to abortion by many Democratic candidates.  President Joe Biden has voiced such a rule that any abortion decision should be left entirely to women.  When media pressed to confirm that the President does not believe that there should be any restrictions, the White House has simply refused to say. Thus, the President continues to campaign on the issue while refusing to answer questions on how he defines the right and any restrictions. It is the same approach that the President took during the last presidential campaign where he simply refused to state his position on court packing until after the election. This is an obviously important and valid issue to campaign on for the midterm elections.  Abortion is clearly rallying many to the polls due to the support for Roe. However, candidates of both parties should be clear on the meaning and scope of this right. Indeed, it is interesting to see the level of focus on this right with little substantive discussion on the scope of the right in campaigns.

Here is the column: Continue reading “Was Overturning Roe a “Blessing”? Only if Democrats Can Avoid the Details of the Right to Abortion” →

Columns, Criminal law, Politics, Society

Democrats Allege Crimes Ranging from Kidnapping to Human Trafficking to “Crimes Against Humanity” in Migrant Transfers

Below is my column in the Hill on the claims that Florida Gov. Ron DeSantis (R-Fla.) and other governors are committing crimes ranging from kidnapping to human trafficking in shipping undocumented immigrants to other states. The claims are legally baseless. While MSNBC regular Elie Mystal said this week, “kidnapping is a thing,” it is just not “this thing.” While insisting that migrants should be seen as a “blessing,” Alexandria Ocasio-Cortez (D-N.Y.) has declared the free trips to be “crimes against humanity.” Gov. Gavin Newsom (D-Cal.) has also demanded criminal investigations even though Newsom, as mayor of San Francisco, shipped homeless people “back home” to other cities with free bus tickets. There are now threats of some blue states suing as well as New York City but those lawsuits are likely to fail absent evidence of systemic fraud or coercion.  These migrants are allowed to engage in interstate travel and other states can facilitate such travel.

Here is the column: Continue reading “Democrats Allege Crimes Ranging from Kidnapping to Human Trafficking to “Crimes Against Humanity” in Migrant Transfers” →

Columns

A Farewell to Kenneth Starr, a Great Lawyer and a Decent Man

With the passing of Kenneth Starr this week, the legal profession lost one of its most enduring and impactful figures of the last century. As someone who was able to work with Starr in litigation, I can honestly say that Starr was one of the best lawyers that I have seen in court. He not only had a brilliant legal mind but brought a sense of extraordinary clarity and precision to the law. It was that penetrating intellect that repeatedly led to his being called upon to handle some of this nation’s most intractable and controversial matters. He was often repaid with partisan hostility by the media and Congress. However, he never stooped to the level of his critics. He remained one of the most modest, respectful, and kind individuals that I have ever known. Continue reading “A Farewell to Kenneth Starr, a Great Lawyer and a Decent Man” →

Columns, Constitutional Law, Politics

The Return of “The Reign of the Witches”: Biden and Trump are Not the First to Use “Rage Rhetoric” for Political Gain

Below is my column in the Hill on how history appears to be repeating itself in the rise of rage politics by the two major parties.  Both President Joe Biden and former president Donald Trump have made headlines in labeling each other as enemies of the state. We have seen this before…

Here is the column:

Continue reading “The Return of “The Reign of the Witches”: Biden and Trump are Not the First to Use “Rage Rhetoric” for Political Gain” →

Columns, Criminal law, Media, Politics

The Post’s Clintonesque “Technical” Truth: The Truth About Hillary’s Email Depends on What the Meaning of “Were” Was

Glenn Kessler at the Washington Post looked at the claim of Hillary Clinton on Twitter this week that “the fact is that I had zero emails that were classified.” The Post declared Clinton “technically correct” in the claim, which left out that she was substantively wrong. While the Post elects not to award any “Pinocchios,” Clinton’s statement is clearly false and even the Post appears to recognize that fact at the very end of its analysis.  Indeed, “technical” truth is wonderfully Clintonesque — captured in Bill’s infamous defense during the Monica Lewinsky investigation that “it depends on what the meaning of the word ‘is’ is.” The email scandal now depends on what the meaning of “were” was.  Hillary Clinton is focusing on whether the emails were marked classified as opposed to whether they contained classified information.

Continue reading “The Post’s Clintonesque “Technical” Truth: The Truth About Hillary’s Email Depends on What the Meaning of “Were” Was” →

Res ipsa loquitur – The thing itself speaks