Category: Congress

Columns, Congress, Constitutional Law

The Proper Way to Impeach: Why Steve Bannon was Right for the Wrong Reason

Below is my column in The Messenger on my response to Steve Bannon and others who were upset that I testified this week that, while there is ample evidence to launch the impeachment inquiry into the conduct of President Joe Biden, I do not believe that the current evidence would support articles of impeachment. That is the purpose of the inquiry in establishing a full record for such articles of impeachment. By withholding judgment and building a record, the Republicans are restoring a regular order to this constitutional process.

Here is the column:

Continue reading “The Proper Way to Impeach: Why Steve Bannon was Right for the Wrong Reason” →

Congress, Criminal law

Rep. Bowman Accused of Pulling Fire Alarm in Congressional Building

We previously discussed how Rep. Jamaal Bowman (D-N.Y.) perfectly captured the age of rage in raving at members and the press off the House floor. He is now accused of causing a false evacuation after pulling a fire alarm during tense negotiations between the Republican and Democratic members. Continue reading “Rep. Bowman Accused of Pulling Fire Alarm in Congressional Building” →

Columns, Congress, Constitutional Law, Media, Politics

The Green Scare and the New McCarthyism: A Response to Rep. Raja Krishnamoorthi

Below is my column in the Daily Beast responding to the attack launched by Democratic Rep. Raja Krishnamoorthi (D-IL) during my testimony in the first hearing of the impeachment inquiry into the conduct of President Joseph Biden. Krishnamoorthi falsely suggested that I represented and supported Tom Green, a polygamist who was convicted of child rape. While I attempted to explain that that was untrue, Krishnamoorthi would not allow me to finish and then quickly left the hearing room. I never represented Green, I condemned Green in those columns, and said that he was justifiably prosecuted. The columns dealt with my opposition to “morality legislation.” I was representing The Sister Wives family both during a criminal investigation and my later challenge to the underlying law. I continue to oppose such laws that have been used against a wide range of religious and social groups, including LGBT individuals. I never thought that a liberal Democrat would attack me for such pro bono representation in support of civil liberties. Continue reading “The Green Scare and the New McCarthyism: A Response to Rep. Raja Krishnamoorthi” →

Congress, Constitutional Law

Ten Reasons Why the Biden Impeachment Inquiry is Justified

There have been repeated references to the ten facts that I alluded to in my congressional testimony as establishing an ample basis to launch a formal impeachment inquiry. I have received emails asking about those ten developments so I wanted to post them. They are found in my written testimony, but I did not have time to go through them all in the course of my oral statement before the Committee.

While many have noted that I stated that I do not view the current evidence as sufficient for articles of impeachment, that is hardly surprising. This was the first hearing of the inquiry and was called to address why the threshold for an inquiry had been established. I was also asked to address the constitutional standards and best practices going forward. Indeed, I criticized the last two impeachments for prematurely declaring impeachable conduct without fully developing a record to support such articles. This hearing returned the impeachment process to a type of regular order in reserving judgment until all of the evidence could be acquired by the three committees.

Here are the ten developments that I cited as justifying an impeachment inquiry (a view with which my fellow witness University of North Carolina Professor Michael Gerhardt disagreed): Continue reading “Ten Reasons Why the Biden Impeachment Inquiry is Justified” →

Columns, Congress, Criminal law, Politics

Robert Menendez Broke the ‘Goldilocks Rule’ of Corruption

Below is my column in The Hill on the indictment of Senator Robert Menendez for bribery, again. As predicted in this column, his colleagues are now expressing disgust at his corruption. However, make no mistake about it, Menendez is not being abandoned due to his corrupt inclination but his conspicuous consumption.

Here is the column: Continue reading “Robert Menendez Broke the ‘Goldilocks Rule’ of Corruption” →

Congress, Criminal law, Media

Murder, They Wrote: Bush and Tlaib Publish Column Accusing Police of Covering Up Killing of Protester
The Nation is under criticism this week for another column that appears to entirely discard the facts in advancing a narrative of police misconduct. Despite its writers supporting forms of censorship to fight “disinformation,” Nation columns regularly omit or misrepresent key facts in national controversies. The latest example is a column published from Reps. Cori Bush and Rashida Tlaib, who accuse the Atlanta police of covering up a police killing during the “Cop City” demonstrations. They claim that the evidence shows that “Georgia State Patrol officers shot and killed Manuel ‘Tortuguita’ Terán, a nonviolent activist” after one officer accidentally killed another. The Nation and the members omit evidence that directly contradicts those claims.

Continue reading “Murder, They Wrote: Bush and Tlaib Publish Column Accusing Police of Covering Up Killing of Protester” →

Congress, Criminal law, Media

CNN Makes the Case for an Impeachment Inquiry

I recently wrote a column about five facts that justified the start of an impeachment inquiry. While I have stressed that I do not believe that there is currently sufficient evidence for an actual impeachment, I am mystified by the claim that there is not ample evidence to warrant an inquiry into possible impeachable offenses. Notably, CNN just reactivated its fact-checking team for a review of the basis for the inquiry. In so doing, the network made an iron-clad argument in support of the decision by Speaker Kevin McCarthy. Continue reading “CNN Makes the Case for an Impeachment Inquiry” →

Columns, Congress, Constitutional Law, Politics

Five Facts That Compel the Biden Impeachment Inquiry

Below is my column in The Messenger on the reason why an impeachment inquiry is warranted.  I do not believe that a case for impeachment has been made, but there is clearly a need for an investigation into a growing array of allegations facing the President in this corruption scandal.

I also reject the notion that, because a conviction is unlikely in the Democratic-controlled Senate, the House should not go down this road. I rejected the same argument made by some Republicans during the Trump impeachment. The House has a separate constitutional duty in the investigation of potential impeachable offenses and to pass articles of impeachment if those allegations are found to be valid. My objection to the Trump impeachments were first and foremost the failure to fully investigate the underlying allegations and to create a full record to support the articles of impeachment. The Senate has its own constitutional function under the Constitution that it can either choose to fulfill or to ignore.  A House impeachment holds both constitutional and historical significance separate from any conviction. That does not mean that grounds for impeachment will be found in this inquiry.  While the President deserves a presumption of innocence in this process, the public deserves answers to these questions.

Here is the column: Continue reading “Five Facts That Compel the Biden Impeachment Inquiry” →

Congress, Media

Marching Orders: White House Letter Tells Media To “Ramp Up Their Scrutiny” In Response to Impeachment Inquiry

I have previously written how the level of advocacy and bias has created a danger of a de facto state media in the United States. It is possible to have such a system by consent rather than coercion. Given that long concern, a letter drafted by the Biden White House Legal Counsel’s Office was striking in a call for major media to “ramp up their scrutiny” of House Republicans “for opening an impeachment inquiry based on lies.” Continue reading “Marching Orders: White House Letter Tells Media To “Ramp Up Their Scrutiny” In Response to Impeachment Inquiry” →

Columns, Congress, Politics

Biden’s Use of False Names Could Cost Him

Below is my column in The Hill on the growing list of aliases used by President Joe Biden in prior years and the unsuccessful efforts of public interest groups and Congress to gain access to the emails. There may be innocent explanations of why the President used aliases to send information to Hunter Biden. For example, one message concerning Ukraine also mentioned his plans to go to Delaware. However, in the midst of a major corruption scandal, there is an obvious reason why Congress must be able to review these emails. It will win if this goes to court but the Biden Administration is still delaying release. In the meantime, the President has established a “war room” to deal with impeachment. Yet, he can forestall any impeachment inquiry by simply releasing his financial and email records. If these records show legitimate transactions and innocent messaging, as claimed, they will exonerate the President. In other words, this is a war that can be avoided by simple transparency.  Conversely, using White House staff to cover up any wrongdoing could make this situation far worse for the President.

Here is the column: Continue reading “Biden’s Use of False Names Could Cost Him” →

Columns, Congress, Media, Politics

Why the House Has No Alternative to an Impeachment Inquiry into President Biden
Below is my column in The Messenger on the expanding evidence in the Biden corruption scandal and the need for Congress to take commensurate action to investigate the matter. After this column ran, Fox’s Brian Kilmeade conducted an interview with Ukrainian prosecutor general Viktor Shokin. What was striking about the interview is not just the contradiction with other accounts (like insisting that he was investigating Burisma and the investigation was expanding when he was fired), but that he claimed that Kilmeade was the first to seek to interview him. This is just Shokin’s account and many question his veracity. However, it is astonishing that this is the first interview that I have seen of one of the key figures in this scandal. It highlights the need to still fully investigate a scandal that the media has largely avoided in prior years.  However, the greatest case for an impeachment inquiry was made by Attorney General Merrick Garland himself.

Here is the column: Continue reading “Why the House Has No Alternative to an Impeachment Inquiry into President Biden” →

Columns, Congress, Criminal law

The Search for Robert L. Peters: He Goes By Various Names…The Question is Why

Below is my column on the search for the true identity of Robert L. Peters, the name Republicans believe was used by then Vice President Joe Biden in emails that contradict his past claims on the influence peddling scandal.

Here is the column: Continue reading “The Search for Robert L. Peters: He Goes By Various Names…The Question is Why” →

Columns, Congress, Criminal law

Joe Biden’s Ukraine Defense Falls Apart
C-Span Screengrab

Below is my column in the New York Post on new evidence contradicting the account of President Joe Biden on his role in forcing the firing of Ukrainian prosecutor general Viktor Shokin. Biden’s boast about forcing the termination could become a defining moment in the corruption scandal.

Here is the column:

Continue reading “Joe Biden’s Ukraine Defense Falls Apart” →

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” →

Res ipsa loquitur – The thing itself speaks