Category: Congress

Columns, Congress, Constitutional Law, Politics

Why Nancy Pelosi Hates Impeachment

Below is my column in The Hill on Nancy Pelosi announcing that she is opposed to impeachment and that it is simply not part of “our agenda.” During the campaign for the midterm elections, I wrote that the drumbeat for impeachment was another bait-and-switch in American politics and that Democrats would quickly move away from the calls once they secured a majority. The reason was (and is) obvious. While Democrats continue to insist that Trump is harming the country and committing impeachable offenses, his removal would not serve the interests of the party for 2020. Both parties continue to play the public as chumps and this is the latest example. Even Beto O’Rourke is now backing off of his call for impeachment.

There is no compelling evidence for impeachment at this time. If Pelosi also believes that there is insufficient evidence, she should say so. That would be a principled and frankly courageous position. However, Pelosi continues to suggest that Trump is committing impeachable offenses but still opposes impeachment absent the assurance that Republicans will join in the effort. That is a bit too convenient and ignores the individual obligations of members to act if they believe that there are impeachable offenses.

Here is the column:

MORE
Congress, Criminal law

Cohen Moves To Fend Off New Perjury Charge Over Pardon Statement

I previously wrote about the dilemma in which Oversight Committee Chair Elijah Cummings finds himself with the widely viewed perjury of Michael Cohen before his committee. Cummings repeatedly asserted that he would refer Cohen for prosecution for any false or misleading statement. Cohen proceeded to do just that. Now, Cohen and some Democratic members are struggling to avoid the obvious. Cohen has again made himself useful and now it is the Democrats who are protecting him from prosecution. This includes the decision of New York Democrats to hit Paul Manafort with a series of new charges while conspicuously ignoring Michael Cohen’s possible state offenses. Cohen is again useful and thus immune. It appears to have worked. Despite his dramatic promises of swift and certain action, Cummings is now saying that he will not pursue any charges. It is wonderful to be useful.

Continue reading “Cohen Moves To Fend Off New Perjury Charge Over Pardon Statement” →
Columns, Congress, Criminal law, Politics

Crucifixion or Freedom? Cohen Forces Cummings Into A Most Unwelcomed Choice

Below is my column in The Hill on alleged perjury committed by Michael Cohen before the House Oversight Committee after being warned that any repeat of his earlier perjury would trigger an immediate referral for prosecution. This week, a leading Democrat said that she thought a referral was likely given the conflicts in Cohen’s testimony. For Cohen, it could be the greatest miscalculation seen on Capitol Hill since William J. Jefferson thought his freezer was a good repository for bribes. Cohen did what he has always done. He found a way to be useful to people who could do him some good. That is what he did for Trump as a legal thug. He then did it for Mueller as a cooperating witness and now he is trying to do it again as a turncoat for Congress. The problem is that Cohen remains unencumbered by truth or ethics. Cohen viewed his interest in being indispensable in giving Democrats what they wanted the most: Trump. The problem is that he has now put the Democrats, and particularly Chairman Elijah Cummings, in a glaringly hypocritical position if they do not refer the matter for prosecution.

Here is the column:

Continue reading “Crucifixion or Freedom? Cohen Forces Cummings Into A Most Unwelcomed Choice” →
Congress, Constitutional Law

Report: Trump Intervened To Give Ivanka A Security Clearance

On the heels of the story that President Donald Trump did order intelligence and legal staff to give his son-in-law Jared Kushner a high security clearance, CNN is reporting that he also intervened in his daughter’s security clearance despite both their denials of his playing such a role. The report is likely to deepen the growing rift with Congress over the House Oversight Committee demands for evidence on the controversy.

Continue reading “Report: Trump Intervened To Give Ivanka A Security Clearance” →
Congress, Criminal law, Lawyering, Politics

WSJ: Michael Cohen’s Lawyer Asked Trump Legal Team About Pardon

One of the curious aspects of the public hearing before the House Oversight Committee was the limited interest in past discussions of a pardon by Cohen with Trump or his legal team. Only a passing reference was made in the hearing, but Cohen said unequivocally that “I have never asked for, nor would I accept, a pardon from Mr. Trump.” The Wall Street Journal has a report that cast some doubt on that sworn statement. It is reporting that Cohen’s lawyer at the time Stephen Ryan not only pressed for a pardon after the FBI raid on Cohen but suggested that, absent a pardon, he might flip. If true, the story could be another instance where the truth of Cohen’s testimony is subject to challenge despite a pledge from the Committee Chair Elijah Cummings that he would push for a perjury prosecution for any false statements. Cohen already has been accused of perjury and there has already been a call for a request for a perjury investigation from GOP members.

Continue reading “WSJ: Michael Cohen’s Lawyer Asked Trump Legal Team About Pardon” →
Columns, Congress, Criminal law

Rosenstein’s Revenge: Trump To Fight 100 Duck-Sized Horses

Below is my column in The Hill newspaper on how President Donald Trump may be facing a changing threat as the Special Counsel moves closer to submitting his final report and new allegations of criminal conduct have been raised by Michael Cohen and the Southern District of New York. There are viable criminal allegations raised with regard to Donald Trump’s business practices as well as his payment of hush money to alleged former mistresses. However, some of these claims present their own challenges as criminal theories.

Here is the column:

Continue reading “Rosenstein’s Revenge: Trump To Fight 100 Duck-Sized Horses” →
Bizarre, Congress

Report: Cohen Pitched Book Praising Trump [Updated]

There is a new interesting twist on the tour of Michael Cohen as a redemptive sinner in various congressional committees. For those of us who have been long critics of Cohen, President Donald Trump’s former personal lawyer, he remains an admitted perjurer and disbarred lawyer. That does not mean that everything he says is untrue. However, many of us noted that Cohen’s testimony this week contained elements that directly contradicted media reports. That is includes his insistence that he never wanted a job in the White House where reports indicate that he fought hard for such a position. Another statement was that he changed his view of Trump after the controversial meeting of Trump with Russian President Vladimir Putin where Trump was seen as fawning and blindly deferential. However, as I wrote when Cohen counsel Lanny Davis made this claim, it is ridiculous to suggest that Cohen (after a career as a legal thug) had a change in heart about his work due to a diplomatic controversy in Finland. Now, reports indicate that, long after Helsinki, Cohen was still trying to get people to buy a book praising Trump for his leadership and refuting critics. However, reports indicate that the book deal was scrapped before the Helsinki meeting.

Continue reading “Report: Cohen Pitched Book Praising Trump [Updated]” →
Congress, Constitutional Law, Politics

Turley To Testify In House Judiciary Committee On Trump Declaration

I will be testifying this morning at a hearing before the House Judiciary Committee’s Subcommittee on Constitution, Civil Rights, and Civil Liberties. The hearing will be on the National Emergencies Act of 1976 and the current controversy (and litigation) over President Donald Trump’s emergency declaration on the southern border. The hearing will be on C-Span and will start at noon at  2141 Rayburn House Office Building, Washington, DC 20515.

Continue reading “Turley To Testify In House Judiciary Committee On Trump Declaration” →
Congress, Constitutional Law, Politics

House Votes To Rescind Trump Border Emergency Declaration
U.S. House of Representatives

As expected, the House of Representatives passed a resolution to terminate President Donald Trump’s national emergency proclamation. The vote was 245 to 182 with 13 Republicans voting against the President. The matter now goes to the Senate where Republican Sen. Lisa Murkowski of Alaska and Maine Sen. Susan Collins have indicated that they will likely join Democratic members to rescind the order. However, even if passed, there is a need for a supermajority to override the promised veto from President Trump.

I will be testifying tomorrow in the House Judiciary Committee on the use of the National Emergencies Act by President Trump in this controversy. The hearing will be held at 12:00 at 2141 Rayburn House Office Building.

Continue reading “House Votes To Rescind Trump Border Emergency Declaration” →
Bizarre, Congress, Politics

Goose Meets Gander: Pelosi Refuses To Turn Over Tax Records

President Donald Trump’s long opposition to the release of his tax records has been a legitimate matter of concern for people on both sides of the political aisle. Such records are routinely disclosed by modern presidential candidates and the information could prove relevant to some of the allegations facing the President regarding his personal financial interests as well as past business practices. Moreover, the President’s long excuse that the taxes are subject to ongoing proceedings with the IRS (and being withheld by the advice of counsel) seems dubious at best. However, while vociferously demanding such records from the President, House Speaker Nancy Pelosi (D-Calif.) has steadfastly refused to release her own. Indeed, Chief of Staff Drew Hammill virtually mocked the suggestion of such transparency in the public interest. Hammill dismissed such suggestions and said that Pelosi “will gladly release her tax returns if and when she runs for president.” The problem is that Pelosi succeeded in running for Speaker of the United States House of Representatives which not only gives her great ability to advance her own financial interests but puts her just one slot (after the Vice President) from becoming president in an emergency.

Continue reading “Goose Meets Gander: Pelosi Refuses To Turn Over Tax Records” →
Columns, Congress, Constitutional Law, Lawyering, Politics

Are Democrats Giving Trump An Excuse To Pardon Manafort?

Below is my column in The Hill newspaper on the effort in New York to change constitutional protections against double jeopardy to allow prosecutors to charge former Trump campaign chair Paul Manafort with state offenses. The effort is to guarantee that Manafort goes to jail if President Donald Trump gives him a pardon. The sight of politicians campaigning on the pledge to jail Manafort raises serious concerns of this highly selective effort. Moreover, the effort to change New York constitutional protection to get Manafort could give Trump precisely the basis for a pardon that Democrats are preemptively trying to deter. I have repeatedly said that a pardon for Manafort would be inexcusable. He has more than earned any sentence that a court chooses to give him and the New York effort should not change that. However, if the Democrats tailor their constitutional protections to get Manafort, they are giving Trump the ability to say that he is responding to selective targeting of Manafort to guarantee that he is not punished twice for the same underlying conduct. More importantly, New York should not sacrifice its commendable protection against double jeopardy to get Manafort. He is not worth it.

Here is the column:

Continue reading “Are Democrats Giving Trump An Excuse To Pardon Manafort?” →
Congress, Criminal law, Politics

IT IS TIME FOR ACOSTA TO RESIGN

With the ruling of Judge Kenneth A. Marra of Federal District Court in West Palm Beach on the obscene plea deal with Jeffrey E. Epstein, it is time for Labor Secretary Alexander Acosta to resign. Marra found, as many of us have long argued, that the deal cut by Acosta violated federal law and allowed the infamous financier to get a disgracefully low sentence. Many of us objected to his nomination by President Donald Trump and condemned the Senate for confirming him. It is now time for him to resign.

Continue reading “IT IS TIME FOR ACOSTA TO RESIGN” →
Academia, Congress, Constitutional Law, Politics

The Warren Wealth Tax: A Response To Professor Bruce Ackerman

I recently wrote about the constitutional questions raised by the wealth tax proposed by Elizabeth Warren given countervailing constitutional dictates and standing precedent. One of the early advocates of such a tax has been Yale Professor Bruce Ackerman who assured Warren that such a tax would be constitutional. In a Slate column entitled “Constitutional Critiques of Elizabeth Warren’s Wealth Tax Proposal Are Absurd,” Ackerman dismisses any possible constitutional challenge as not “serious” and “absurd.” Putting the hyperbole aside, I wanted to respond to the substance of the column since it makes reference to my earlier Washington Post column. As I have previously said, there are good-faith arguments on both sides of this issue and the outcome is likely to be a close vote. However, Ackerman’s reduction of countervailing arguments to absurdity not only omits key arguments but creates an incomplete account of the case against such a wealth tax.

Continue reading “The Warren Wealth Tax: A Response To Professor Bruce Ackerman” →
Columns, Congress, Constitutional Law

Is The Warren Tax Unconstitutional?

Below is my column in the Washington Post on Elizabeth Warren’s signature wealth tax. As I noted in the column, the constitutionality of the Warren tax would likely be a close question. Yet, the issuance of such a “direct tax” based on wealth rather than income would be presumptively unconstitutional under the existing court precedent and, more importantly, the text of the Constitution.

Here is the column:

Continue reading “Is The Warren Tax Unconstitutional?” →