Category: Congress

Columns, Congress, Constitutional Law, Politics

No, Democracy is Not on The Ballot in 2024

Below is my column in USA Today on the escalating rhetoric over the imminent demise of democracy in the United States and how, as repeatedly claimed by President Joe Biden, “democracy is on the ballot.” There appears no limit to the level of growing hysteria. On the ABC’s The View, host Whoopi Goldberg warned journalists and “gay folk” that Trump is planning to round them up and “disappear you.” Putting aside the assumption that the executive branch would go along with the massive purge, the suggestion is that neither the Congress nor the courts would move to stop the killing or confinement of all reporters and LGBTQ citizens. Whether cynical or hysterical, this political narrative is being replicated across the Internet despite its utter lack of foundation or basis.

Here is the column: Continue reading “No, Democracy is Not on The Ballot in 2024” →

Columns, Congress, Criminal law, Politics

A Party of Short Sellers: Why Democrats Need to Re-Think Hunter’s Contempt

Below is my column in The Messenger on the vote to hold Hunter Biden in contempt and the need for Democrats to seriously reconsider the costs of voting against the resolution. On Wednesday, the House Oversight Committee voted to hold Hunter in contempt with every Democrat opposing the motion. Once again, the party is short selling an institutional asset that they are likely to need in the near future if they retake the House.

Here is the column: Continue reading “A Party of Short Sellers: Why Democrats Need to Re-Think Hunter’s Contempt” →

Columns, Congress, Constitutional Law, Politics

The Case Against the Impeachment of Alejandro Mayorkas

Below is my column in the Daily Beast on the impeachment proceedings of Secretary of Homeland Security Alejandro Mayorkas. Despite my long-criticism of Mayorkas, I do not believe that the current evidence against him would rise to the level of an impeachable offense. The hearings this week may reveal conduct that reaches the level of a high crime and misdemeanor. However, that evidence needs to be clear and not simply the equivalent to “vote of no confidence” in a controversial cabinet member.

Here is the column:

Continue reading “The Case Against the Impeachment of Alejandro Mayorkas” →

Congress, Constitutional Law, Supreme Court

Unpacking by Packing the Court? The Left has a New Orwellian Mantra

As Democrats ramp up their efforts for the 2024 election, some are dangling an old enticement from 2020: if we win, we can pack the Court. In the last election, President Joe Biden refused to say if he favored packing the Court. Now the chatter has again started in the same quarters that a Democrat retaking the White House would allow the packing of the Court with an immediate liberal majority to force through sweeping court mandates. Continue reading “Unpacking by Packing the Court? The Left has a New Orwellian Mantra” →

Columns, Congress, Constitutional Law, Supreme Court

Ballot Cleansing: Democrats are Moving to Bar Republicans from Ballots Nationwide

Below is my column in the New York Post on the expansion of the 14th Amendment theory to attempt to remove Republican candidates for Congress from the ballots. Dozens of Democratic members have already called for the disqualification of up to 126 Republican colleagues under the same sweeping theory. These efforts show how this theory could place this country on a slippery slope to political chaos if not clearly and finally rejected by the Supreme Court.

Here is the column:

Continue reading “Ballot Cleansing: Democrats are Moving to Bar Republicans from Ballots Nationwide” →

Congress, Constitutional Law, Supreme Court

“What Do We Do if He Doesn’t Recuse Himself?” Rep. Raskin Raises Eyebrows with CNN Interview on Justice Thomas

Rep. Jamie Raskin raised eyebrows on Sunday with a CNN interview where he said that there may have to be action taken if Justice Clarence Thomas does not recuse himself from pending appeals over the disqualification of Donald Trump from the Colorado and Maine ballots. Not only is there a weak basis for demanding such recusal, the suggestion of some type of response or retaliation raises ongoing concerns over efforts to influence or intimidate justices. Continue reading ““What Do We Do if He Doesn’t Recuse Himself?” Rep. Raskin Raises Eyebrows with CNN Interview on Justice Thomas” →

Congress, Criminal law

Harvard/Harris Poll: Majority of Democrats Want Hunter Prosecuted for Contempt

It appears that the concerted effort to excuse Hunter Biden’s defiance of a subpoena in the media has failed. According to a Harvard Caps/Harris poll, 71 percent of Americans believe that Hunter should be prosecuted for contempt of Congress. What is remarkable is that 54 percent of Democrats support his prosecution. Continue reading “Harvard/Harris Poll: Majority of Democrats Want Hunter Prosecuted for Contempt” →

Columns, Congress, Criminal law

Eric Swalwell and the Politics of Contempt

Below is my column in The Hill on the bizarre scene last week in front of the Capitol when Rep. Eric Swalwell drove up with Hunter Biden and facilitated a flagrant act of contempt of Congress, a federal crime. Swalwell used his office and presumably his staff to assist in the defiance of a valid subpoena for Hunter to appear before a House committee. The House will now presumably hold Hunter in contempt and refer the matter for prosecution. The question is what to do with Eric Swalwell.

Here is the column:

Continue reading “Eric Swalwell and the Politics of Contempt” →

Columns, Congress, Constitutional Law, Criminal law

Yes, Hunter is Now in Contempt of Congress

Below is my column in The Messenger on the decision of Hunter Biden to defy Congress in a press conference outside of the Capitol Building. Remarkably, this spectacle was coordinated by Rep. Eric Swalwell (D., Cal.) who presumably knew that Biden was going to violate the congressional subpoena. So Swalwell (a former impeachment House manager) helped facilitate a possible criminal act in refusing to share appear in an impeachment inquiry.

Here is the column: Continue reading “Yes, Hunter is Now in Contempt of Congress” →

Congress

Capitol Offense: Police Investigating Porn Video Shot in Senate Committee Room [Updated]

U.S. Capitol Police is reportedly investigating the shocking videotape of two men having sex in public in what appears the Senate large hearing room in the Hart Senate Office Building. The room is familiar to many citizens from Supreme Court confirmations to impeachment proceedings. Indeed, I have testified repeatedly in the room and argued much of the Porteous impeachment case in that space. First reported on a conservative site, the video of two men having sex led to reports that one of the individuals was a staffer for Sen. Ben Cardin (D., Md.). Update: Cardin aide Aidan Maese-Czeropski, 24, has now been reportedly fired.

Continue reading “Capitol Offense: Police Investigating Porn Video Shot in Senate Committee Room [Updated]” →

Columns, Congress, Constitutional Law, Media, Politics

The Three Myths of the Biden Impeachment Defense

Below is my (slightly updated) column in the New York Post on three myths being widely repeated in the Biden impeachment inquiry. These false narratives have been eagerly repeated in the media despite lacking legal or factual support. In the interest of interjecting a modicum of reality into this debate, here is why these defenses are illusory.

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Continue reading “The Three Myths of the Biden Impeachment Defense” →

Columns, Congress, Constitutional Law, Media, Politics

With the Indictment and Inquiry, Democrats Now Face a Moment of Maddening Truth
U.S. House of Representatives

Below is my column in The Hill on the expected formal vote this week on the impeachment inquiry. The vote is only to continue to look into the allegations that President Joe Biden knew of the influence peddling operation of his family and fostered those efforts.  The final line of defense is to acknowledge that this was influence peddling but that Biden was only trying to support his son. The question for this vote is: how do you know? We have millions raised in what most view as corrupt influence peddling. Many of those payments are now confirmed by the Justice Department in the second Hunter Biden indictment. Only an investigation will establish the truth on the President’s knowledge and involvement. Yet, for years, Democratic members have opposed any investigation. They now face a moment of truth.

Here is the column:

Continue reading “With the Indictment and Inquiry, Democrats Now Face a Moment of Maddening Truth” →

Congress, Free Speech

“Engaging in Personalities”: Rep. Summer Lee’s Curious View of Free Speech

Rep. Summer Lee (D., Pa.) has long been a voice for censorship, attacking those who seek to restore free speech on social media. Lee’s curious view of free speech was on display this week when she attacked witnesses, including Riley Gaines, as hateful and transphobic but then tried to censor Gaines when she responded to Lee’s attack as misogynistic. Lee withdrew the demand to take down the comments, though it captured the essence of how many on the left insist that they have a right to attack others but seek to censor those same individuals when they respond in kind. Continue reading ““Engaging in Personalities”: Rep. Summer Lee’s Curious View of Free Speech” →

Congress

Floating Down De Nile: Goldman Declares Hunter Biden Laptop May Be a Fake

As Stuart Smiley said on SNL’s Daily Affirmation, “De Nile ain’t just a river in Egypt.” Democrat Rep. Dan Goldman, a member of the House Weaponization of Government committee, caused yet another firestorm of controversy in declaring that the Hunter laptop may be a fake. Continue reading “Floating Down De Nile: Goldman Declares Hunter Biden Laptop May Be a Fake” →