Category: Congress

Trump Supports Flag Burning Amendment

Today President Donald Trump declared support for a new constitutional amendment to allow Congress to override the First Amendment and criminalize the burning of the American flag. The legislation for the amendment was reintroduced by Sen. Steve Daines (R- Montana) and Sen Kevin Cramer (R-North Dakota). While I consider flag burning (of any country) to be deeply offensive, there is no need for such an amendment to combat the extremely few incidents of flag burning. It is certainly a popular political cause, but we should not amend the Constitution to reduce free speech, particularly given the low number of flag burnings.

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Trump Is Still Three Nixons Short Of Watergate

Below is my column in The Hill newspaper on the recent testimony by former Nixon White House Counsel John Dean. While President Trump has personally attacked Dean, I have always liked and respected him. However, I disagree with his historical analogies. Comparisons to the Nixon case are fair, but they become forced when people insist that the conduct or record is the same. There are fundamental and likely determinative distinctions. There is a valid basis for an investigation but the record does not support the extent of comparison laid out by John Dean. John often seems to rank presidents on a Nixon scale. Yet, rather than giving Trump essentially “five Nixons,” I would put it as one or two pending further investigation. In other words, the case must still be made that this is “just like Watergate.”

Here is the column:

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The Politics and Pathology of The House Litigation Addiction

Below is my column in The Hill newspaper on rejection of the lawsuit by the House of Representatives against the order issued by President Donald Trump to build the wall on the Southern border under the National Emergencies Act. I had previously testified against this lawsuit as a reckless and unnecessary move by the house. It is part of a litigation strategy that is clearly driven more by political than legal calculations.

Here is the column:

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Mueller’s Mount Sinai Moment Leaves Media With A Crisis of Faith

Below is my column in The Hill newspaper on the press conference held by Special Counsel Robert Mueller and his refusal to answer questions from the media (or any questions from Congress beyond what is written in his Report). Mueller not only demanded silence but faith from the media, which surprisingly obeyed. Few reporters noted the direct contradictions in Mueller’s brief statement or the many unanswered questions that he left in his imperious wake. Since Attorney General Bill Barr has already testified on the process and his decisions related to the Report, there was nothing preventing Mueller from answering questions about his own decisions. Instead, Mueller simply said that the media would listen and remain silent . . . and the media dutifully complied.

Here is the column:

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Will Trump Use The National Emergencies Act To Impose A Tariff On Mexico For Illegal Immigration?

Flag of Mexico

President Donald Trump declared on Thursday that he would impose a 5 percent tariff on all goods entering from Mexico unless it stopped the flow of illegal immigration to the United States. The move would set a dangerous precedent of mixing trade and immigration issues — further destabilizing the economy and isolating the United States. If this unprecedented move is based on the National Emergency Act, it would again push the law to its extremes. Yet, as I have previously written on the controversy over the wall construction, Congress unwisely gave presidents sweeping and largely unchecked authority.

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California Emergency Rooms Overwhelmed With Wait Times Averaging Five And A Half Hours

Remember when national health care was going to finally clear our emergency rooms? It has not exactly worked out that way, particularly in California. While there are clearly other benefits from national health care, the hope that people would turn to regular medical visits rather than ER visits has not materialized in California where the average wait time is five and a half hours. An astonishing 57% of patients left before seeing a doctor due to the delay — that constitutes roughly 352,000 persons leaving without fully addressing their medical conditions.

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Pelosi Reaffirms No Impeachment . . . Because Trump Wants To Be Impeached

Speaker Nancy Pelosi held a press conference today that left far more questions than she answered . . . except for some members of the press. While CNN asked the more obvious question of why Pelosi keeps saying that Trump is committing impeachable acts but barring impeachment, the other reporters quickly moved to softball questions and the short time ran out, as did Pelosi. However, Pelosi did reaffirm that Trump should not be impeached because he wants it too much. That is consistent with those other principled stances like (1) serial killers should not be arrested if police think that they really want to be caught; (2) suicide jumpers should not be stopped if they really want to be rescued; and (3) bulimia victims should be given more food if you think that they just want you to intervene. The original question is still the operative question: if Trump is committing crimes and a cover up, as Pelosi alleges, why does it matter what Trump wants as opposed to what the Constitution says.

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Trump Administration Ignored Internal Legal Opinion In Withholding Tax Records

I recently testified in the House Judiciary Committee that the Congress must challenge the refusal of the Trump Administration to turn over certain records and to bar certain witnesses from oversight investigations. While I also disagreed with some of Congress’s actions, the Trump Administration has cannot withhold material from oversight authority on the basis of undeclared privileges or ill-defined objections. This is the case in the refusal to turn over tax records demanded by Congress. As I stated earlier, the House has made only generalized claims of a legislative purpose for such records. Nevertheless, the law clearly favors Congress in seeking such material. Notably, the Trump Administration has not claimed executive privilege but only that the Committee lacks a legislative purpose. That is not enough. Now, it appears that the Administration was warned by its own confidential Internal Revenue Service legal memorandum that it would be violating the law by withholding the records without an executive privilege claim. It ignored the legal memorandum and refused the congressional demand.

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Report: Democrats Hold Closed Door Caucus Rejecting Impeachment Move . . . Without A Single Dissenting Voice

Democrats, including Speaker Nancy Pelosi, have been hitting the airways to declare that the evidence of impeachable acts by President Donald Trump is not only clearly established by the Special Counsel Report but additional impeachable acts are unfolding every day. However, on Wednesday, a closed door caucus was held with a very different and apparently uncontested view: no impeachment. I have previously written about the disconnect of what Democrats are telling their voters and what they are actually saying to each other. Since before the midterm election (when impeachment was a big sell for giving the Democrats the majority), I do not believe that the House leadership ever intended to allow an impeachment to move forward against Trump because it is not in their political interests.

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Turley Testifies In House Judiciary Committee On Trump Executive Privilege Assertions

I will be testifying this before the House Judiciary Committee on President Donald Trump’s assertion of executive privilege and congressional oversight. The Hearing will be held 10 a.m. on Wednesday, May 15th, in Room 2141 in the Rayburn House Office Building. My testimony is linked available below.

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Turley To Testify Before House Judiciary Committee On Executive Privilege

I will be testifying tomorrow before the House Judiciary Committee on President Donald Trump’s assertion of executive privilege and congressional oversight. The Hearing will be held 10 a.m. on Wednesday, May 15th, in Room 2141 in the Rayburn House Office Building.

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Graham Encourages Trump Jr. To Defy Senate Subpoena

There was a curious moment this weekend when Sen. Lindsey Graham, R-S.C., the chairman of the Senate Judiciary Committee, publicly advised Donald Trump Jr. that he should ignore the subpoena issued to him by the Senate Intelligence Committee. It is virtually unprecedented for the chairman of one Senate Committee to encourage a witness to defy another chairman of a Senate Committee. It is even more bizarre when the first chairman heads the Judiciary Committee.

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Constitutional Or Conceptual Crisis? The Atonal Strategy of the House Investigations

Below is my column in The Hill Newspaper on the increasingly disconnected elements in the investigations by the House of Representatives. The question is whether there is a true strategy behind these moves other than an investigation for investigation’s sake.

Here is the column:

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A Question Of Contempt: Why The Barr Vote Could Prove Costly For Congress

Below is my column in The Hill newspaper on the vote of the House Judiciary Committee to hold Attorney General Bill Barr in contempt of Congress. There are a number of conflicts with the Administration that present favorable grounds for Congress in a court challenge. This action is the least compelling and could ultimately undermine congressional authority with an adverse ruling.

I am honestly confused by some of the criticism including the recent column by Andrew Napolitano in Fox.com where he states “Barr knows the DOJ is not in the business of exonerating the people it investigates. Yet he proclaimed in his letter that Trump had been exonerated.” I like and respect Napolitano a great deal but that is not what the letter said. What the letter said was “The Special Counsel’s investigation did not find that the Trump campaign or anyone associated with it conspired or coordinated with Russia in its efforts to influence the 2016 U.S. presidential election. As the report states: ‘[T]he investigation did not establish that members of the Trump Campaign conspired or coordinated with the Russian government in its election interference activities.’” That is true. Indeed, it was odd that Napolitano would focus on the collusion/coordination issue when many people have accepted that the conclusion of no criminal conduct was clear from the report. At no point does Barr say that Trump was exonerated. Indeed, he included the most damaging line from the report on obstruction in saying that Mueller expressly did not exonerate him on that question. Barr was addressing the conclusions on criminal conduct and I still do not see where, as stated by my friend Andrew, where Barr in the letter was “foolish,” “deceptive,” “disingenuous,” or “dumb and insulting.” Those are powerful accusations against any lawyer and should be tethered to a clear example in the letter of a false or deceptive statement.

The Napolitano letter also ignores Barr’s statement that the report would have been released relatively quickly (removing the need for the summary) if Mueller complied with his request and that of Rod Rosenstein to identify grand jury material. It remains inexplicable that Mueller allegedly ignored those reasonable requests from his two superiors. As a result, Mueller’s people had to go back through the report to identify the Rule 6(e) material, a previously requested.

Update: The Democrats are now arguing that they are not demanding the redacted Grand Jury information despite weeks of calling for the full and unredacted report — and a subpoena that demands the entire unredacted report. They now insist that they want Barr to ask the Court to release the small percentage of Grand Jury information. That is not likely in light of the long record at the Justice Department.

Here is the column:

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