Below is my column in The Hill on the fallout from the release of the Epstein files from grand-jury and congressional investigations. As various figures are hounded over embarrassing emails, we need to ask about the implications of such a wholesale release. One can be in favor of transparency without dismissing the impact on third parties who are not accused of any criminal conduct.
Here is the column:
Continue reading “Epstein’s Last Casualty Could Be Grand Jury Secrecy”
Many years ago, as a law student, I had the honor of working with the great prosecutor William J. Kunkle Jr., who put away John Wayne Gacy. I was a young intern at the litigation firm of Phelan, Pope & John and loved listening to Bill’s stories about his famous cases. I even had to take a couple of calls from Gacy from prison when Bill was out. (I was asked to write down everything that he would say in the routine calls. On one call, Gacy told me, “Tell Bill he was wrong. I was not guilty of homicide. I was guilty of running an indoor funeral parlor without a license.”). One story of Bill’s came to mind last night when Democrats released their latest tranche of “bombshell” photos from the Epstein files to suggest that Trump is implicated in the scandal. Continue reading “Cover-Up or Frame-Up? How the Democratic Epstein Releases are a Classic Example of False Light”
Below is my column in The Hill on the decline of the American Bar Association and the move in various states to find alternatives to the ABA in bar admissions and legal education. The dwindling membership and influence of the ABA is a familiar tale for many in academia and the media.
Here is the column:
Continue reading “The Rise and Fall of the American Bar Association”
The military has long had a saying that “when you only have a hammer, every problem looks like a nail.” When it comes to impeachment power, Democrats have long acted as if every problem is a high crime and misdemeanor. After two impeachments against President Donald Trump (including what I labeled as an infamous “snap impeachment“), Democratic politicians and pundits are back calling for the impeachment of President Trump and Secretary of Defense Pete Hegseth. Continue reading ““An Impeachable Moment”: Impeachment Mania Returns in Time for the Midterm Elections”
District Court Judge Indira Talwani in Boston has been one of the most active judges in the country in seeking to enjoin the orders of President Donald Trump, including her orders to prevent deportations under previously “paroled” immigrants under the Biden Administration. She previously sought to enjoin the denial of federal funds to Planned Parenthood, an order that the United States Court of Appeals lifted for the First Circuit pending appeal. Now, Judge Talwani is back with a new basis for forcing payments to Planned Parenthood despite Congress barring Medicaid funds under the Big Beautiful Bill.
Continue reading “Boston Judge (Again) Intervenes to Force Payments to Planned Parenthood”
The pattern is all too familiar. The Washington Post runs a story with a sensational claim: Secretary of Defense Pete Hegseth ordered the killing of survivors of one of the first boat attacks back in September — a coup de grace or finishing shot that would constitute a war crime. The Post appears to have had only one source making the specific claim about Hegseth, but ran with the story. What followed was a line of politicians and pundits calling for the usual criminal charges, impeachments, and resignations. Then, various sources, including the New York Times, debunked the story. Continue reading “New York Times Debunks War Crime Story By the Washington Post”
In academia, one of the greatest concerns with statistical studies is the danger of “confirmation bias” or “myside bias.” A desire to prove a point can lead to a blindness to opposing data or information. This week, Sen. Amy Klobuchar (D., Minn.) repeatedly demonstrated the scourge of statistical studies with spectacular and embarrassing success. Continue reading “Amy Klobuchar Holds Embarrassing Demonstration of Confirmation Bias in Attack that Goes Wildly Wrong” 
Below is my column in The Hill on two controversies involving Chief Judge James Boasberg this week in Washington, D.C. Both involve claims that branches undermined or intruded on the authority of another branch. However, these separation-of-powers conflicts produced strikingly different responses from Judge Boasberg. It seemed that the court’s concerns depended greatly on whose ox was being gored in a tripartite contest.
Here is the column: Continue reading “The Selective Outrage of Judge James Boasberg”
We have been discussing the deepening scandal over former Special Counsel Jack Smith securing the phone records of members of Congress, including former Speaker of the House of Representatives Kevin McCarthy. Now, Fox News is reporting that the Justice Department subpoenaed the personal phone records of House Judiciary Committee chairman Jim Jordan in 2022 for a two-year period. The report may be the most serious disclosure in the controversy, given the direct oversight exercised by Jordan’s committee over Smith and the Justice Department. Continue reading “Arctic Frost: Justice Department Obtained the Personal Phone Records of House Judiciary Chair Jim Jordan”
We have previously discussed the alarming demands of former Special Counsel Jack Smith for the phone records of members of Congress. Despite the efforts of members like Rep. Dan Goldman (D, NY) to downplay the gravity of such demands, they represent a serious intrusion into the confidentiality of legislators’ communications, including the potential disclosure of journalists, whistleblowers, and others. Now, it appears that AT&T did supply the records of former House Speaker Kevin McCarthy, the second in line of succession to the presidency of the United States.
Sen. Elizabeth Warren has called for Harvard and other institutions to sever all ties with Larry Summers, who was Treasury secretary under President Bill Clinton, after the disclosure of his private communications with convicted sex offender Jeffrey Epstein. As in the past, however, Warren seems strikingly selective in her outrage with those “cozying up” to Epstein, given the communications revealed with other Democrats, including Del. Stacey Plaskett, Virgin Islands’ congressional representative.
Continue reading “Warren Calls for Larry Summers to be Fired at Harvard”
Below is my column in the Hill on moments of honesty after the recent Democratic victories in California, Virginia, New Jersey, and New York. In the euphoria that followed, Democratic politicians and pundits admitted that they intend to pursue radical changes, including packing the Supreme Court, once they retake power.
Here is the column: Continue reading “In Vino Veritas: Punch-Drunk Pundits Reveal Plans to Pack the Supreme Court”
The oral argument yesterday on the Trump tariffs was fascinating as justices struggled with the knotty question of whether a president has the sweeping authority claimed by President Donald Trump under the International Emergency Economic Powers Act (IEEPA). The justices were skeptical and uncomfortable with the claim of authority, and the odds still favored the challengers. However, there is a real chance of a fractured decision that could still produce an effective win for the Administration.
Continue reading “The Supreme Court Hears the Trump Tariff Case: Time for Plan B?”
This week, Rep. Brandon Gill, R-Texas, formally introduced impeachment articles against U.S. District Chief Judge James Boasberg. It was a popular move with many after a series of controversial orders by Judge Boasberg. I have been highly critical of those orders, particularly the prior orders granting Special Counsel Jack Smith’s demand for the telephone records of Republican members of Congress in the “Arctic Frost” probe. However, I disagree that his order meets the standard for impeachment under the Constitution. Continue reading “No, The House Should Not Impeach Judge Boasberg”