Category: Congress

Congress, Constitutional Law, Courts, Criminal law, Media, Politics

Pardon Me? Obama Wrongly States That He Cannot Pardon Edward Snowdon

PresObama220px-edward_snowden-2There was an interesting recent interview of President Barack Obama by the German media giant Der Spiegel. In the interview, President Obama insisted that he could not pardon Edward Snowden as a matter of constitutional law. He is manifestly wrong. While the President may not want to pardon someone who deeply embarrassed him and his Administration, he is entirely capable of pardoning Snowden who is widely viewed as a whistleblower.

Continue reading “Pardon Me? Obama Wrongly States That He Cannot Pardon Edward Snowdon” →

Congress, Constitutional Law, Media, Politics, Society

DONALD TRUMP WINS THE PRESIDENCY IN HISTORIC VICTORY

donald_trump_august_19_2015_croppedIt appears that that “basket of deplorables” was a bit larger than Hillary Clinton expected. I was up to 4 am at Fox participating in the coverage of the election from New York. This was my fourth such presidential election as part a media team and it was fascinating to watch unfold at the campaign headquarters at Fox. History will judge the decisions of Democrats leaders in this election.  As I have previously written, many in the Democratic National Committee and establishment (including allies in the media) did everything they could to engineer the election of Hillary Clinton. While they had an extremely popular candidate in Bernie Sanders as well as Vice President Joe Biden, they insisted on advancing Clinton despite her being deeply disliked and the ultimate symbol of the establishment that the public was rallying against. As the close race indicated, the selection of a Sanders or Biden might have produced a sweep of both the White House and the Senate for the Democrats. We will never know of course but what is clear is that Clinton was the least likely candidate to prevail in this environment. Democratic leaders lost possible control of both the Senate and the White House by forcing voters to vote for someone with record negatives. Voters were clear that they did not want Clinton, but the Democrats assumed that the “lesser of two evils” approach would again prevail. They were wrong. Many people voted for third party candidates and many people on the fence refused to pick the candidate most associated with the establishment and the status quo. I expect that history will judge the work of figures like Debbie Wasserman-Shultz and Donna Brazile harshly in the roles that they played and more generally in the failure of Democratic leaders to heed the clear demand from voters for a change in leadership.  Hillary Clinton was a talented and historic nominee. However, she was also the very symbol of the establishment and heavily laden with the type of associations that the public was clearly reacting against.

Continue reading “DONALD TRUMP WINS THE PRESIDENCY IN HISTORIC VICTORY” →

Congress, Criminal law

FBI Director Comey Announces That There Is No Basis For Criminal Charges In Newly Discovered Emails

Jcomey-100Hillary_Clinton_Testimony_to_House_Select_Committee_on_BenghaziJust two days before the election, FBI Director James Comey has announced that the new emails found on Huma Abedin’s computer does not change his earlier conclusion in July that there is no basis to criminally charge Hillary Clinton over her use of a private server, including emails containing classified information.

Continue reading “FBI Director Comey Announces That There Is No Basis For Criminal Charges In Newly Discovered Emails” →

Congress, Criminal law, Lawyering, Media, Politics

Reid Alleges That Comey May Have Violated Federal Law In Disclosure To Congress

225px-harry_reid_official_portraitJcomey-100I just spoke on the BBC where the anchor was pursuing the question of “whether the FBI broke the law” by informing Congress of the reopening of the investigation into the emails. The allegation came from Senate Minority Leader Harry M. Reid on Sunday. However, with all due respect to our esteemed GW graduate (and I really do respect Sen. Reid), his allegation is in my view wildly misplaced. Reid is arguing that the actions of FBI Director James B. Comey violates the Hatch Act. I cannot see a plausible, let alone compelling, basis for such a charge against Comey.

Continue reading “Reid Alleges That Comey May Have Violated Federal Law In Disclosure To Congress” →

Bizarre, Columns, Congress, Media, Politics, Society

America’s Game of Thrones Election: “Hate’s As Good a Thing As Any To Keep A Person [Voting]. Better Than Most”

game_of_thrones_title_card-1While a curious 28 percent are happy with the current meltdown of our political system, most Americans are disgusted by the choices and tenor of this election. With the two most unpopular nominees to ever run for president for the main parties, both campaigns long ago abandoned the hope of getting voters to actually vote for their candidates. Instead, they are focusing on simply getting voters to hate the other candidate more than their own. In the midst of this race to the bottom, Wikileaks has given the public a new insight into the communications of political operatives, media, and activists. While stolen (and allegedly the product of Russian hacking), the public has been fascinated — and disgusted — by the contents of the emails. The emails have exposed a cesspool of hypocrisy, betrayal, and dishonesty in Washington. The more one reads, the harder it is to understand how this country could fallen into such absolute control of so few with so little integrity. While the Wikileaks emails recently have focused on the Clinton campaign, there is little in Washington that resembles any notion of civil virtue on either side. Strangely, the longer the campaign goes on, the more this election looks like a season of Game of Thrones. Below is my column in USA Today for those seeking insights from the “Seven Kingdoms.”
Continue reading “America’s Game of Thrones Election: “Hate’s As Good a Thing As Any To Keep A Person [Voting]. Better Than Most”” →

Congress, Constitutional Law, Politics

Trump Calls For Congressional Term Limits

800px-Capitol_Building_Full_ViewRepublican presidential nominee Donald Trump called this week for term limits for congressional members as part of his pledge “to drain the swamp.” He would limit members of the House of Representatives to a maximum of six years and limit Senators to 12 years in office. I have long opposed such term limits as curtailing the power of voters to choose their own leaders while undermining the effectiveness of Congress, particularly in the House.

Continue reading “Trump Calls For Congressional Term Limits” →

Congress, Criminal law, Justice, Politics

Quid Pro Quo: Top State Department Official Offered Deal To FBI If It Would Change Classification Of Clinton Emails

220px-patrick-f-kennedy_2002I have previously written that recent disclosures over immunity deals with Clinton aides has seriously undermined the credibility of the FBI investigation into the email scandal and raises legitimate questions over the role of top ranking Justice Department officials in the closing of the investigation without criminal charges. Now a far more serious allegation has surfaced with the release of a FBI “302” that states that State Department Undersecretary for Management Patrick Kennedy proposed a “quid pro quo” to convince the FBI to strip the classification on an email from Hillary Clinton’s server. The FBI agent reported the encounter as an effort to “influence” the FBI in return to giving the Bureau long-sought agent placements overseas. Such an offer is more than a standard inter-agency “horse trade.” If the agent’s account is accurate, it was an effort to influence a criminal investigation to protect a high ranking politician and, additionally, an effort to alter a key piece of evidence. The fact that such an effort would be simply brushed aside by the FBI is shocking in itself and again raises questions over Director James Comey’s pledge to pursue any possible charges with independence and vigor. The FBI and State Department, as discussed below, have insisted that there was nothing untoward in the discussions and there is a difference in factual accounts. That is all the more reason for congressional oversight and investigation in my opinion.

Continue reading “Quid Pro Quo: Top State Department Official Offered Deal To FBI If It Would Change Classification Of Clinton Emails” →

Academia, Congress, Media, Politics, Society

Federal Court Enjoins Houston College Of Law In Use Of Name After Lawsuits By University of Houston Law Center

j-3lfi9q_400x400We have been discussing the growing limitations and litigation over copyright and trademark claims in this country. U.S. District Judge Keith Ellison granted a temporary injunction in a trademark infringement suit filed by the University of Houston Law Center against the Houston College of Law (formerly known as the South Texas College of Law). Judge Ellison found that there was a sufficient showing that the new name and the school’s red-and-white colors infringed the trademark of the University of Houston Law Center. The Houston College of Law dominantly features a warning that it is not affiliated with the Houston Law Center on its website and material. The opinion is linked below.

Continue reading “Federal Court Enjoins Houston College Of Law In Use Of Name After Lawsuits By University of Houston Law Center” →

Bizarre, Congress, Constitutional Law, Criminal law

House Committee: FBI Cut Side Deal To Limit Search Of Computers Of Key Clinton Aides And To Allow The Computers To Be Destroyed

146px-US-FBI-ShadedSeal.svg
The FBI investigation into the Clinton email scandal seems to grow more questionable by the day.  As I discussed earlier, the five immunity deals handed out by the Justice Department were, in my view, largely unnecessary and undermined the development of any criminal case.  Now, House investigators have learned  that Justice Department officials, in addition to their immunity deals, cut a “side agreement” with Cheryl Mills and Heather Samuelson for agents to destroy their laptops after searching their hard drives for evidence.  With Congress seeking the information, the side deal clearly would obstruct that investigation and the details of the side agreement make little sense if the FBI were pursuing any and all evidence of criminal conduct.

Continue reading “House Committee: FBI Cut Side Deal To Limit Search Of Computers Of Key Clinton Aides And To Allow The Computers To Be Destroyed” →

Congress, Courts, International, Justice, Politics, Torts

First Lawsuit Against Saudi Arabia Filed Since Congressional Override Of Sovereign Immunity Bill

By Darren Smith, Weekend Contributor.

Osama_bin_Laden_portraitPlaintiff Stephanie Ross Desimone filed suit against the Kingdom of Saudi Arabia alleging the nation provided material support to Al-Qaida in its terror attacks against the United States on September 11th, 2001. This represents the first of such filings–there–are almost certainly to be many following, since the United States Congress last Wednesday overrode President Obama’s veto of a sovereign immunity bill allowing foreign governments to be sued in the United States for supporting terrorist acts within the US borders.

Stephanie’s husband, Navy Cdr. Patrick Dunn, was murdered when American Airlines Flight 77 crashed into the Pentagon.

The full text of the complaint, filed in the United States District Court for the District of Columbia, is attached below:

Continue reading “First Lawsuit Against Saudi Arabia Filed Since Congressional Override Of Sovereign Immunity Bill” →

Congress, Criminal law, Lawyering, Media, Politics, Society

Comey: Clinton Aides Refused To Cooperate Without Immunity

Hillary_Clinton_Testimony_to_House_Select_Committee_on_BenghaziHillary Clinton’s position on the email scandal has repeatedly changed from its first emergence in the presidential campaign from denial of bad judgment to the denial of the use of the private server for any classified information to the denial of any material “marked” as classified to the denial of seeing or understanding classified markings. However, one claim has remained unchanged. Clinton has maintained that she and her staff have “cooperated fully” with investigators. That claim was previously shown to be untrue when it was revealed that neither Clinton nor her staff would agree to speak with State Department investigators even though they said that such interviews were needed to determine the scope any damage to national security or security breaches. Now, however, the lack of cooperation has been put into sharper relief with the testimony of FBI Director James B. Comey this week. My column this week raised serious misgivings over the handling of the investigation with the disclosure of five immunity grants by the Justice Department, including one given to Cheryl Mills. Those misgivings were raised with Comey before the United States Senate Homeland Security and Governmental Affairs Committee where Comey revealed the extent to which Clinton aides refused to cooperate, including an assertion of the privilege against self-incrimination raised before answering questions about a key telephone conference conversation before the infamous “bleaching” over email records being sought by Congress. Comey testifies today before the House Oversight Committee. I am currently scheduled to discuss these issues tonight on the O’Reilly Factor.

Continue reading “Comey: Clinton Aides Refused To Cooperate Without Immunity” →

Columns, Congress, Criminal law, Media, Politics, Society

Searching For Answers In The Land Of The Immunized: FBI Discloses Five Separate Immunity Deals In Email Scandal

Jcomey-100cheryl_d-_millsLast week, the disclosure of a total of five immunity agreements handed out by the Justice Department as part of its investigation of the Clinton email scandal. The extent of the deals and the recipients were surprising, particularly in the failure to previously disclose those deals. As a criminal defense lawyer, I was surprised to see the deals include Cheryl Mills, one of the highest officials accused in the deletion of tens of thousands of emails and the failure to heed warnings over the risk to national security from the use of the Clinton private server. Below is the column.

Continue reading “Searching For Answers In The Land Of The Immunized: FBI Discloses Five Separate Immunity Deals In Email Scandal” →

Congress, Criminal law, Justice, Lawyering, Media, Politics, Society

Stonetear’s Secret: Immunized Former Clinton Aide Allegedly Sought Advice On Removing Email Address For “Very VIP” Official [UPDATED]

bleachbit-paul-combettaWe have been discussing the controversy surrounding the decision of the Justice Department to give immunity to former State Department staffer, Bryan Pagliano and tech specialist Paul Combetta — thereby removing much of the pressure that could have been brought to bear with the threat of criminal charges. That immunity deal became even more questionable when it was disclosed that Combetta used Bleachbit to destroy email records despite his knowledge that those records were being sought by Congress. Now, there is an allegation that Combetta sought advice on the website for how to hide a “VIP’s (VERY VIP) email address.” If true, that would show a conscious effort to conceal the identity of the VIP and illegally alter federal records. Either Combetta did not disclose this effort in violation of his immunity deal or the Justice Department effectively removed a serious threat of indictment though the agreement. Update: the House Committee has ordered Reddit to preserve all messages concerning “Stonetear.”

Continue reading “Stonetear’s Secret: Immunized Former Clinton Aide Allegedly Sought Advice On Removing Email Address For “Very VIP” Official [UPDATED]” →

Congress, Constitutional Law, Courts, Free Speech

Supreme Court Lifts Stay On Senate Enforcement Of Subpoena In Backpage.com

senate_large_sealYesterday, I testified about the subpoena power of Congress under Article I and briefly discussed the recent free speech challenge to the Senate subpoena issued against Backpage.com. I mentioned in the hearing that the district court had issued a sweeping reaffirmation of congressional subpoena authority, but that Chief Justice John Roberts had issued a stay. Now, the Supreme Court denied the appeal. The decision further strengthens the case of the House Science Committee.

Continue reading “Supreme Court Lifts Stay On Senate Enforcement Of Subpoena In Backpage.com” →

Academia, Congress, Constitutional Law, Courts, Criminal law, Environment, International, Media, Politics, Science, Society, Testimony

TURLEY TESTIFIES IN HOUSE SCIENCE COMMITTEE ON CLIMATE CHANGE CONTROVERSY

800px-Capitol_Building_Full_ViewI will testify this morning before the United States House of Representatives Committee on Science, Space, and Technology on the controversy over dueling state and federal investigations involving the climate change debate. After various state attorneys general announced investigations of Exxon Company over its opposition to climate change theories (including subpoenas either to or concerning conservation public interest groups), the Committee issued its own subpoenas to the prosecutors and environmental public interest groups involved in the campaign. That has triggered a confrontation as the prosecutors and environmental groups raised constitutional objections to the House subpoenas. The full committee hearing will start at 10 am in 2318 Rayburn House Office Building.

Continue reading “TURLEY TESTIFIES IN HOUSE SCIENCE COMMITTEE ON CLIMATE CHANGE CONTROVERSY” →