Category: Congress

Columns, Congress, Constitutional Law, Free Speech, Media, Politics

Censorship by Surrogate: Why Musk’s Document Dump Could be a Game Changer

Twitter LogoBelow is my column in the Hill on the recent disclosures in the “Twitter Files” on the coordination of censorship between the company and both Biden and Democratic party operatives. Beyond personally attacking Elon Musk and Matt Taibbi, many have resorted to the same old saw of censorship apologists: it is not censorship if the government did not do it or direct it. That is clearly untrue.  Many groups like the ACLU define censorship as denial of free speech by either government or private entities.  It is also worth noting that this censorship (and these back channels) continued after the Biden campaign became the Biden Administration. Moreover, some of the pressure was coming from Democratic senators and House members to silence critics and to bury the Hunter Biden influence peddling scandal.

Here is the column: Continue reading “Censorship by Surrogate: Why Musk’s Document Dump Could be a Game Changer” →

Columns, Congress, Free Speech, Media, Politics

Washington Goes to War Against Twitter and Free Speech

Below is my column this week on the campaign to coerce Elon Musk to restore the censorship system at Twitter. The campaign against Twitter now involves the full allied forces of the anti-free speech movement: the government, corporations, Democratic politicians, the media, and, of course, celebrities. However, it is an alliance that has proven overwhelming in the past but this unstoppable force has met an immovable object in Musk. It is total war in the beltway but Musk has yet to fully deploy his greatest weapon: free speech.

Here is the column: Continue reading “Washington Goes to War Against Twitter and Free Speech” →

Congress, Media, Politics

True Colors: J6 Staff Lash Out at Liz Cheney for Allegedly Burying Parts of the Investigation

There is a deepening division on the J6 Committee as staffers turn on Liz Cheney over the final report on the January 6th riot. Angry rhetoric is flying with staffers accusing the Committee of becoming a “Cheney 2024 campaign” while both the Cheney spokesperson and Committee spokesperson lashed out at the staff members as “disgruntled” and producing shoddy or biased work. The underlying issue, however, is important and revealing. The Committee’s color coated teams include a “Blue Team” on the failure to prepare adequately for the riot. That part of the investigation is reportedly being dumped or reduced.  Members of the “Green” and “Purple” teams are also reportedly irate.

Continue reading “True Colors: J6 Staff Lash Out at Liz Cheney for Allegedly Burying Parts of the Investigation” →

Congress, Constitutional Law, Courts, Politics, Society, Supreme Court

A Constitutional Thanksgiving: Why We Should All Give Thanks for the “Least Dangerous Branch”

As families gather this year for our annual holiday feast, there remain many things for all of us to give pause and thanks for in our lives. Our friends, family, and faith remain central to this holiday. So is our freedom.  Despite economic, political, and social problems, we remain a free and prosperous nation committed to core values of individual rights and self-determination. Indeed, more than any year, there is particular reason to give thanks to the most besieged and resilient part of our constitutional system: the courts. Despite attacks from the left and right, our court system remains a bulwark against political impulse and excess. The Supreme Court in particular has faced unrelenting attacks ranging from a reprehensible leak to an attempted assassination of a justice to calls for court packing. It has stood its ground just as James Madison and other Framers had hoped in their original design of our constitutional system.

Continue reading “A Constitutional Thanksgiving: Why We Should All Give Thanks for the “Least Dangerous Branch”” →

Columns, Congress, Criminal law

The Lords of War: The Perils Facing Trump, Garland, and Smith in Washington’s Legal Arms Race

Below is my column in The Hill on the appointment of a special counsel to investigate former President Donald Trump. All of the three main players — Trump, Attorney General Merrick Garland, and Special Counsel Jack Smith — will face immediate challenges in the legal arms race unfolding in Washington.

Here is the column: Continue reading “The Lords of War: The Perils Facing Trump, Garland, and Smith in Washington’s Legal Arms Race” →

Congress, Constitutional Law, Politics

The Trump-Warren Alliance? A Curious Front Forms Over Banning Former Lawmakers from Lobbying

Well, we asked for bipartisanship. It seems to have arrived with a vengeance. It is rare to see Donald Trump, Sen. Elizabeth Warren, and Rep. Alexandria Ocasio-Cortez all campaigning on the same issue, but last night the former president added his voice to the call for a lifetime ban on former lawmakers (and cabinet members) working as lobbyists. This alliance is notable not only because it is uncommon but because it is pushing a reform that is likely unconstitutional. Continue reading “The Trump-Warren Alliance? A Curious Front Forms Over Banning Former Lawmakers from Lobbying” →

Columns, Congress, Politics

Swalwell’s Opposition to Parental Rights is Wrong Legally, Medically, and Politically

Below is my column in Fox.com on the Swalwell attack on parents seeking a greater voice in the education of their children. We discussed the tweet earlier and how it makes a curious argument based on legal and medical standards for clients and patients.

Here is the column:

Continue reading “Swalwell’s Opposition to Parental Rights is Wrong Legally, Medically, and Politically” →

Congress, Free Speech, Media

“Always Risky to Attack Members of Congress”: Reporter Warns Musk Not to Run Afoul of Democratic Members

Twitter LogoIn a stark warning from a reporter, Politico’s Sam Stein weighed into a dispute over the verification of a fake account for Senator Ed Markey (D., Mass.), who has demanded answers from Elon Musk. Liberals are using such verification problems to attack Musk for threatening to restore free speech protections to Twitter. When Musk mocked Markey’s letter, Stein ominously warned that it is “[a]lways risky to attack members of congress. Especially risky with Dems assured of Senate power. Curious play by Musk here. He has many interests before Congress.” For many of us, it was a chilling message coming from a reporter that you would be wise not to risk the ire of powerful politicians.

Continue reading ““Always Risky to Attack Members of Congress”: Reporter Warns Musk Not to Run Afoul of Democratic Members” →

Congress, Lawyering, Torts

“Please Tell Me What I’m Missing Here”: Eric Swalwell’s Curious Case Against Parental Rights

Parental rights are becoming one of the defining issues for 2024. Building from Glenn Youngkin’s 2021 gubernatorial victory in Virginia, school boards races and educational initiatives have become some of the most fiercely contested areas on local and state ballots. Rep. Eric Swalwell (D., Cal.) weighed in this week into the area with a curious attack on parents demanding more say in the education of their children. The California Democrat insisted that it is akin to “Putting patients in charge of their own surgeries? Clients in charge of their own trials?” These were curious analogies to draw since patients and clients are in charge of the key decisions in their surgeries and trials. What Rep. Swalwell is missing is called informed consent.

Continue reading ““Please Tell Me What I’m Missing Here”: Eric Swalwell’s Curious Case Against Parental Rights” →

Congress, Constitutional Law, Courts

“Not Ruled by an All-Powerful Executive”: Federal Judge Declares Biden Loan Forgiveness Unconstitutional

We have previously discussed how the Administration stretched the 2003 Higher Education Relief Opportunities for Students (HEROES) to the breaking point as the basis for waiving roughly half a trillion dollars in debt owed to the public in college loans. Now, U.S. District Judge Mark Pittman of the Northern District of Texas has issued an opinion declaring that President Joe Biden violated the Constitution in unilaterally forgiving the debt before the midterm election. Judge Pittman wrote “[i]n this country, we are not ruled by an all-powerful executive with a pen and a phone.” It was former President Barack Obama who defied Congress with unilateral actions and declared that he would go it alone if needed because “I’ve got a pen, and I’ve got a phone.” Continue reading ““Not Ruled by an All-Powerful Executive”: Federal Judge Declares Biden Loan Forgiveness Unconstitutional” →

Columns, Congress, Constitutional Law, Media, Politics

“Giddy” as All Get Out? The Winners and Losers in a Shift in Control of Congress

Below is my column in the New York Post on why the self-described “giddy” White House might want to consider the impact of a loss of one or both houses of Congress. While many are still debating who will prevail in contested districts or states, the shift in power could produce its own “winners and losers.” Indeed, the President may find himself as giddy as all get out if he loses control of the House and possibly the Senate.

Here is the column:

Continue reading ““Giddy” as All Get Out? The Winners and Losers in a Shift in Control of Congress” →

Columns, Congress, Media, Politics

Washington’s Pandora’s Box: The Opening of the Hunter Biden Laptop Could Expose the Cottage Industry of Influence Peddling

Below is my column in Fox.com on the impact of the likely GOP takeover of the House on the Hunter Biden scandal. Hunter Biden’s laptop is Washington’s Pandora’s Box. Opening up that laptop to greater public scrutiny could expose our local cottage industry of influence peddling.

Here is the column: Continue reading “Washington’s Pandora’s Box: The Opening of the Hunter Biden Laptop Could Expose the Cottage Industry of Influence Peddling” →

Columns, Congress, Media, Politics

Biden’s Inner Pluskat: How the Loss of Control of Either House Could Impact the President

Below is my column in the New York Post on what a flipping of either (or both) houses might bring for President Joe Biden. While the President has cited his own impeachment as the danger of such a change, it may be the least of his worries. As we wait for the final tally on seats in both houses, here are three areas that represent a more serious threat to the President than removal from office.

Here is the column:

Continue reading “Biden’s Inner Pluskat: How the Loss of Control of Either House Could Impact the President” →

Congress, Criminal law, Politics

Sen. Bob Menendez is Reportedly Under Investigation for Corruption . . . Again

Sen. Bob Menendez, D-N.J., is under federal criminal investigation … again. The voters of New Jersey reelected Menendez despite his accepting lavish gifts from a businessman who was later convicted of fraud. Menendez was also charged but the case was dismissed after a jury hung on the verdict. As I noted at the time of the trial, Menendez was a “juror” in a trial that I handled in the Senate and he maintained a position completely at odds with his own later defense. Continue reading “Sen. Bob Menendez is Reportedly Under Investigation for Corruption . . . Again” →

Bizarre, Columns, Congress, Courts, Politics, Supreme Court

“I Got it Passed by a Vote or Two”: Biden’s Latest Bizarre Boast on Student Loans May Come Back to Haunt Him

This weekend, I ran a column on President Joe Biden’s off-base boast that the Supreme Court and a lower court had declared that they are “on Biden’s side” on tuition forgiveness. After the column ran, however, the President claimed that he pushed through the loan forgiveness program through Congress on a narrow margin. That boast is particularly embarrassing because the Administration is in court claiming that he did not need to get congressional approval for the plan. It is likely to be raised by challengers in the next stage of litigation. It also may strangely reflect a moment of clarity in his subconscious mind, a faint recognition of the constitutional principles that he once defended as a United States senator. Continue reading ““I Got it Passed by a Vote or Two”: Biden’s Latest Bizarre Boast on Student Loans May Come Back to Haunt Him” →