I have previously written about the reckless claims of commentators and congressmen for the impeachment or removal of President Donald Trump. Some based these calls on tweets posted by Trump, including comments on the NFL protests. When calls for impeachment began to wane, many turned to the 25th Amendment. Now, the former ethics lawyer to President George W. Bush Richard Painter has declared that Trump can be removed on the basis for removal under the 25th Amendment — a dangerous and unsupportable interpretation of the constitutional standard.
Continue reading “Bush Ethics Lawyer: Trump’s Nuclear Button Tweet Is Sufficient For Removal”
Below is my column in the Hill newspaper on New Year’s resolutions that would bring a welcomed change in Washington for President Donald Trump, the Congress, and the media. While I have little illusions over the chances of either such resolutions being made or kept, it is worth noting that all of the major players could do well with a modicum of self-reflection with the New Year.
Below is my column in The Hill newspaper on the status of the Russian investigation and a look back at the various crimes alleged over the year. A brief search of mainstream media found roughly 5000 stories referring to “bombshell” developments. However, the status has changed little over the year. That could, of course, change. We do not know what Special Counsel Robert Mueller had in terms of new evidence. That did not stop many from declaring conclusive evidence supporting charges over the year despite the paucity of evidence. While we have had four indictments or pleas, but the charges are been notably removed from the core purpose of the Russian collusion investigation. The point of the column is not that new charges are unlikely but that there is little public evidence supporting such charges at the end of 2017. 
Despite 
The testimony of Deputy FBI Director Andrew McCabe appears to have gone long but came up short on details. According to sources on the Committee, McCabe stated that he could not recall critical details on the famous dossier that was 
Below is my column in The Hill Newspaper on the email seizure by Special Counsel Robert Mueller from the General Services Administration. As discussed yesterday, many supporters of Mueller are not contesting that this material did not constitute agency records or property, but rather that there was some type of express or implied waiver of privacy and confidentiality. While I consider this an ambiguous area, I obviously disagree with such dismissive positions.
Below is my column in the Hill Newspaper on the surprising move of the Republican House of Representatives toward a contempt action against officials in the Trump Administration. While some have called for the appointment of a second special counsel to investigate the dossier controversy, I continue to question the necessity of such an appointment even though I believe that there is a need for an investigation. I believe that Congress can fully investigate the allegations of political influence in the federal investigation into the matter. However, that will only be the case if congressional committees can secure the information that they require (and are entitled to) as part of their oversight authority. Any such effort will have to deal with a long history of contempt by the Justice Department for congressional oversight investigations.
Below is my column in USA Today on the ethical and practical implications of the controversial tweet sent out by Trump counsel John Dowd. In my view, Dowd should now remove himself from the litigation. Notably, the failure to remove or fail Dowd will likely fuel theories that he is covering for Trump. If Trump did not know that Flynn had lied to the FBI before speaking with Comey, the Dowd tweet would usually result in a quick and rather angry response to a lawyer compromising his client in this fashion. However, various media sources are reporting that White House Counsel Don McGahn did inform Trump that Flynn likely misled the FBI in his interview before Trump spoke with Comey. Whatever the truth of the matter, the Dowd tweet could not be worse in its timing and content.
Yesterday, the Trump Administration secured two clear victories after the United States Supreme Court issued 
We 
Below is my column in the Hill newspaper on the ever-increasing list of politicians and celebrities accused of sexual assault or harassment. The latest news cycle has brought more instances of strategic belief or non-belief. When Clinton was accused in his first term, many of us wondered how Democrats would ever be able to regain their credibility on future sexual harassment cases. The solution is simple. You delay your believing until it no longer costs you politically or personally.
We have hit another milestone today with over 33,000,000 views. We are also expected to reach 35,000 followers on Twitter. That hardly makes us competition for the largest sites but it is still an impressive collection of people seeking a place for civil but passionate discourse on legal and policy issues of our time (and perhaps a few wacky stories). We often use these milestones to look at the current profile of the blog and its supporters around the world.
Below is my column on the rather transparent calls for ethics investigations of Roy Moore and Al Franken despite the limited scope of potential discipline and the checkered history of congressional ethics.
Below is my column in USA Today on the plan to bar Roy Moore from taking his Senate seat, if he is elected in Alabama. For once in his checkered career, Moore would actually have the constitution on his side in challenging such efforts. Like the Kübler–Ross model of the stages of grief, the Senate may have to move from exclusion to expulsion to acceptance of a Senator Moore.
Below is my column in the Hill Newspaper on the need to end “blue slipping” in the United States Senate. I have long criticized the “courtesy” allowing a single senator to block a nominee as inimical to our constitutional system. I have maintained this position throughout both Democratic and Republican administrations.