Below is my column in USA Today on the Roger Stone indictment. I have been frankly astonished by the coverage, which has focused on simply the fact that he was charged as opposed to what he was charged with. Once again, the indictment’s significance has been uniformly over-played with little objective analysis of the specific counts themselves. From any objective perspective it is underwhelming in both the underlying conduct and the scope of the allegations.
Months ago, I wrote about how Special Counsel Robert Mueller was clearly gunning for Stone with an increasing intensity (here and here and here). Stone was arrested early Friday morning in another signature raid on his home by the FBI. Once again, as with the treatment of Paul Manafort, it is unclear why prosecutors wanted to have a night raid on his home (captured by awaiting media) for non-violent crimes. It was entirely unnecessary in my view. The criminal counts themselves are additional counts of false statements and witness tampering. These type of process crimes are the majority of charged conduct against non-Russians in the investigation other than the unrelated crimes against figures like Manafort.
Today, the global bar groups rallied in support of the rule of law on the “International Day of the Endangered Lawyer.” The international effort is designed to draw attention to the thousands of lawyers and judges killed or imprisoned each year as they fight for basic legal rights in countries from China to Iran to Venezuela. However, no bar is more devastated than the one in Turkey where thousands of lawyers have been imprisoned and tortured for fighting the authoritarian regime of Recep Tayyip Erdogan. Despite the praise from our president, Erdogan has continued a comprehensive campaign against the free press and political dissidents. This campaign however first required the elimination of thousands of lawyers to eradicate the rule of law to make way for his brutal religious-based authoritarian rule.
President Donald Trump’s former lawyer fixer, Michael Cohen, has declined to appear at this scheduled hearing on February 7th, citing “ongoing threats” against his family by President Donald Trump and his current counsel Rudy Giuliani. I have previously criticized Trump for his highly inappropriate references to Cohen’s father-in-law and the warning Cohen that his family could be investigated. The comments looked like an obvious threat and an effort to intimidate a witness who has accused Trump of knowing violations of federal law. However, Cohen’s explanation is hardly convincing, though it is highly ironic. Cohen made his living as a legal thug who threatened anyone who presented a risk to Trump. However, the more likely reason is that recently new stories implicated Cohen in additional criminal conduct and Cohen was afraid that he might be asked about possible criminal conduct by his family, including his father-in-law.
We previously discussed the plight of a young teenage girl who fought for asylum rather than return to the medieval laws of Saudi Arabia where women must live without equal rights or opportunities. The case for asylum of woman from our “close ally” is strong given the violence meted out to women who seek to express their own views or pick their own future, let alone their own religion. The stark choice for women was tragically evident this week when a medical examiner confirmed that two young sisters chose to die together rather than return to Saudi Arabia. Tala Farea, 16, and Rotana Farea, 22, reportedly wanted asylum but when their credit card ran out of money, they bound themselves together and threw themselves into the Hudson River, according to chief Medical Examiner Barbara Sampson as said in an official statement.
I guess you can call it The Adventures of Axe Man. In Madison, Wisconsin, a 34-year-old man went into a rage when he believed that his wife had damaged his collection of action figures. He grabbed an axe and proceeded to destroy much of his house and car. He then called police on himself. This all makes the charges rather interesting.
In Washington, it is all too common for public figures to exchange uncorroborated allegations. Often the most telling factor is to wait to see who actually sues for defamation. We are at that point in the controversy surrounding the Buzzfeed story after Trump counsel Rudy Giuliani made what would be arguably defamatory statements against the father-in-law of Michael Cohen on national television . . . if the statements are untrue. The question is whether Fima Shusterman will sue over being called a criminal working with Ukrainian organized crime.
Below is my column in The Hill newspaper on the controversy over the Buzzfeed story of President Donald Trump allegedly telling his former counsel Michael Cohen to lie to Congress. This weekend BuzzFeed stood by its story, though it declined to explain a disturbing discrepancy in the account. I disagreed with the call of Rudy Giuliani to investigate or sue BuzzFeed. If BuzzFeed had two officials associated with the Special Counsel making these allegations, it was right to run the story. My criticism is how the story was overblown by experts and members of Congress as a “slam dunk’ case for prosecution and impeachment despite the absence of any clear evidence or corroboration.
There are some felons who simply need to go to jail for a lack of effort. Andre Edwards, 41, not only robbed three banks without any disguise but then called a taxi as a getaway car. He then paid his hotel bill with money showing the red dye used by banks to mark stolen money.
Below is my column in USA Today on the recent statements by various Democratic leaders that they are unlikely to pursue impeachment because they do not have the votes in the Senate to convict. While many members pushed the impeachment angle during the campaign, there was a shift on the issue after the Democrats took office. Almost immediately after the election, senior Democrats changed course and began to dismiss calls for impeachment as “fruitless” and a distraction. Rep. Eleanor Holmes Norton declared impeachment to be “a useless waste of energy” and asked “Why would we go down the impeachment road when we cannot get it through the Senate?”
I have repeatedly said that I do not see the strong foundation for an impeachment against Trump. However, these comments raise a more fundamental question about how members should approach their duties under Article I irrespective of the President. Members often pull a bait-and-switch with gullible voters, but they should not manufacture a new constitutional standard. If they truly believe that any president has committed high crimes and misdemeanors, they have a sworn duty to vote for impeachment.
There is a new report out today that President Donald Trump directed his attorney Michael Cohen to lie to Congress about negotiations to build a Trump Tower in Moscow. The sources are described as two federal law enforcement officials involved in an investigation of the matter. It is not clear if that means two officials currently involved or previously involved (which would include some of the fired or removed officials like Andrew McCabe or James Comey). Nevertheless, if true, such an allegation could easily be translated into a criminal allegation or article of impeachment. It comes down to the proof. What is clear is that, if the proof is Cohen alone, they have work to do on this one. Cohen is a serial liar and felon. I have written that I agree with the Democrats in calling him to testify and that his testimony could prove useful in giving needed details. However, Cohen is about as credible as a mob torpedo without being thoroughly and completely verified by more credible sources. There are also some gaps in the story as well as obvious defenses.
Another interview, another controversy. Trump counsel Rudy Giuliani has found himself in another firestorm after telling CNN host Chris Cuomo: “I never said there was no collusion between the campaign, or people in the campaign.” The problem is that his client has . . . repeatedly.
This morning I will be testifying before the Senate Judiciary Committee in the confirmation hearing for William Barr for United States Attorney General. The hearing will start at 9:30 a.m. in Room 216 in the Hart Senate Office Building.
I have previously written about the reported contacts of former Trump campaign chair Paul Manafort and White House or Trump team members. If true, it was a remarkably reckless act on both sides and could further jeopardize confidentiality protections. Now, in a response to Manafort, Special Counsel Robert Mueller filed a redacted account of Manafort’s alleged false statements and non-cooperation to prosecutors. The most interesting item from my perspective was confirmation that the Special Counsel is supplying what it says is direct proof that Manafort misrepresented or lied about the contacts with the Trump team.
Below is my column in The Hill newspaper on the recent disclosure that the FBI opened an investigation into whether President Donald Trump was working for Russia after his firing of former FBI Director James Comey. In reading the story, it struck me that the emerging picture from early 2017 looks increasingly like a study in cognitive bias. Indeed, it raises a rather intriguing possibility that both sides may feed each other in reaching the wrong conclusions.