Category: Media

Columns, Criminal law, Lawyering, Media, Politics

How the Sussmann Trial Inadvertently Revealed the Role of Clinton in the Alfa Bank Scandal

Below is an expanded version of my column in The Hill on the implication of Hillary Clinton in false Alfa Bank claims of Russian collusion. While most media ignored the testimony of Clinton’s former campaign manager in the Sussmann trial, it adds to a damning record on how the Clinton campaign was behind arguably the most successful disinformation campaign in American political history with both the Steele dossier and the Alfa bank claims. Ironically, despite Sussmann efforts to conceal his connections to Clinton in the FBI meeting, it was his counsel who effectively outed Clinton in the scandal. Former Clinton Campaign manager Robby Mook then violated the Eleventh Commandment of Democrats: Thou shalt not name a Clinton in a scandal.

Here is the column:

Continue reading “How the Sussmann Trial Inadvertently Revealed the Role of Clinton in the Alfa Bank Scandal” →

Bizarre, Free Speech, Media, Politics

No Laughing Matter: The Third Circuit Reverses NLRB Sanction Over Joke

In our age of rage, humor was one of the earliest victims. It is not that humor is not allowed, it is merely selectively tolerated. Thus, Twitter suspended the satirical site, Babylon Bee, with the support of many who claim to support free speech. In Canada, a comedian was actually prosecuted for trash talking in a comedy club. Even non-comedians can find themselves on the wrong side of a punch line. Recently, Ben Domenech of The Federalist found himself pursued over a single tweet teasing the employees at his publication. After referencing the struggle of Vox Media with a union, Domenech joked in a tweet that the salt mines await any employees who spoke of unionizing. No one was calling for a union at The Federalist and it was received by the staff as an obvious joke. However, a liberal lawyer from Massachusetts, Joel Fleming, filed a complaint with the National Labor Relations Board. In a highly controversial opinion, NLRB administrative law judge, Kenneth Chu, ruled against The Federalist. The United States Court of Appeals for the Third Circuit just overturned Chu and stated the obvious: it was a joke. Continue reading “No Laughing Matter: The Third Circuit Reverses NLRB Sanction Over Joke” →

Media, Politics, Society

New Financial Controversies Rock BLM as Marc Elias Reportedly Ends “Key Role” With the Group

New financial controversies have arisen about the use of donations by Black Lives Matter (BLM), including additional allegations that co-founder Patrisse Cullors used BLM funds and resources to benefit herself and friends. I previously wrote a column asking why Democratic prosecutors like New York Attorney General Letitia James shown comparably little interest in these allegations even as James sought to disband the National Rifle Association (NRA) over similar allegations. In the meantime, the Washington Examiner is reporting that former Clinton campaign lawyer Marc Elias has left a “key role” after his firm, the Elias Law Group, had “taken control of its books and finances.”

Continue reading “New Financial Controversies Rock BLM as Marc Elias Reportedly Ends “Key Role” With the Group” →

Constitutional Law, Free Speech, Media, Politics

“Silence the Voices of Hatred”: N.Y. Governor Hochul Uses the Buffalo Massacre to Renew Calls for Censorship of Social Media

Politicians have long viewed tragedies and crises as opportunities not to be “wasted.” Most recently, Samantha Power, Biden’s Administrator of the United States Agency for International Development, told ABC that they did not want to waste the war in Ukraine as a way of pushing green initiatives. She explained to George Stephanopoulos that you should “never let a crisis go to waste.” Governor Kathy Hochul (D-NY), adopted the same approach to the massacre in Buffalo in renewing calls for censorship on the Internet. While many drew the connection between the shooting and the need for greater gun control measures, Hochul notably went further to demand the curtailment of free speech protections. Speaking later at a church, she pledged to “silence the voices of hatred and racism and white supremacy all over the Internet.”

Continue reading ““Silence the Voices of Hatred”: N.Y. Governor Hochul Uses the Buffalo Massacre to Renew Calls for Censorship of Social Media” →

Lawyering, Media, Supreme Court

“The Only One That Makes Sense”: NPR’s Totenberg Claims The “Leading Theory” is that the Leaker is a Conservative Clerk

Recently, National Public Radio’s Legal Affairs Correspondent Nina Totenberg was widely criticized for a false story about Justice Neil Gorsuch allegedly refusing to wear a mask during oral arguments despite a threat to the health of his colleague Justice Sonia Sotomayor. She also suggested that Sotomayor had to watch the oral arguments virtually due to his conduct. Gorsuch and Sotomayor issued a joint statement that called Totenberg’s story “false.” Now, Totenberg has made another bombshell report that “the leading theory” is that it was a conservative law clerk who leaked the opinion. While most of us have discussed this as one of the possible scenarios, Totenberg reports that it is now the “leading theory” in the investigation. Totenberg’s reporting, however, did not suggest that she has any factual basis or evidence to make that claim. She simply says that it is “the only one that makes sense.” It may be the only “sensible” choice for some, but it is hardly the “most likely” theory based on the available evidence.

Continue reading ““The Only One That Makes Sense”: NPR’s Totenberg Claims The “Leading Theory” is that the Leaker is a Conservative Clerk” →

Free Speech, International, Media, Politics

Five Steps to Save Free Speech on Twitter: A Musk Roadmap

Twitter Logo

According to reports, Elon Musk is now expected to take over as the temporary CEO of Twitter as soon as his financing of the purchase is finalized. It is good news because buying Twitter may prove a mere skirmish in comparison to the coming battle. Political forces in the United States and abroad are already aligning to resist his effort to restore free speech to social media.

If history has shown one thing, it is that it is easier to lose rights than to regain them. Musk has a product in demand but neither governments nor many of his own employees want to be sold. If Musk is to fulfill his pledge, he will need to take five specific steps to secure free speech protections.  Given the interests allied against him, Musk must move quickly if he wants to not only reintroduce but to maintain free speech on Twitter. Continue reading “Five Steps to Save Free Speech on Twitter: A Musk Roadmap” →

Columns, Constitutional Law, Free Speech, Media, Politics

Biden’s Disinformation Nanny: Why Nina Jankowicz is “Practically Perfect in Every Way.”
YouTube Screenshot

Below is a slightly expanded version of my column in The Hill on the appointment of Nina Jankowicz as the new head of the federal government’s announced Disinformation Governance Board. This Sunday, Homeland Security Secretary Alejandro Mayorkas assured CNN viewers that there is nothing to fear from his new Disinformation Governance Board, which will “gather together best practices in addressing the threat of disinformation.” I think we can guess what the “best practice” might be from one of the most vocal advocates of corporate and state censorship.

Here is the column: Continue reading “Biden’s Disinformation Nanny: Why Nina Jankowicz is “Practically Perfect in Every Way.”” →

Constitutional Law, Free Speech, Media

Time Columnist Denounces Free Speech as a White Man’s “Obsession”

It has become depressingly common to read unrelenting attacks on free speech in the Washington Post and other newspapers. The anti-free speech movement has been embraced by Democratic leaders, including President Joe Biden, as well as academics who now claim “China was right” on censorship. However, a Time magazine column by national correspondent Charlotte Alter was still shocking in how mainstream anti-free speech views have become. Alter denounces free speech as basically a white man’s “obsession.”

Continue reading “Time Columnist Denounces Free Speech as a White Man’s “Obsession”” →

Constitutional Law, Free Speech, Media, Politics

“Trust Me, I’m [Now] The Government”: Jankowicz Pledges to Protect Free Speech Rights

There is an old fable of a scorpion who wants to cross a river and convinced a hesitant frog to carry him on its back. After all, if he stung the frog in the river, they both would die. That seemed logical so the frog agreed to do so only to have the scorpion deliver a lethal sting halfway across. When the frog asked why the scorpion would doom them both, the scorpion replies: “I am sorry, but I couldn’t resist the urge. It’s in my nature.”

The story came to mind this week when the new head of the Disinformation Governance Board, Nina Jankowicz, pledged to protect free speech despite a career dissing and dismissing the right. After withering criticism of her appointment, Jankowicz declared the new board at Homeland Security will “maintain the Dept’s committment [sic] to protecting free speech.” She has spent a career denouncing “first amendment zealots” like myself who believe in a robust view of free speech.

Continue reading ““Trust Me, I’m [Now] The Government”: Jankowicz Pledges to Protect Free Speech Rights” →

Columns, Constitutional Law, Free Speech, Media, Politics

“Before it’s too Late”: Democrats Shift From Corporate Censorship to State Censorship

Twitter LogoBelow is my column in USA Today on how the Musk purchase of Twitter has forced politicians and pundits to move from corporate censorship to calls for good old-fashioned state censorship. Indeed, Sen. Elizabeth Warren (D., Mass.) has declared Musk’s pledge to restore free speech values on social media as threatening Democracy itself. She has promised that “there are going to be rules” to block such changes. She is not alone. Former President Obama has declared “regulation has to be part of the answer” to disinformation. For her part, Hillary Clinton is looking to Europe to fill the vacuum and called upon her European counterparts to pass a massive censorship law to “bolster global democracy before it’s too late.”

Here is the column:

Continue reading ““Before it’s too Late”: Democrats Shift From Corporate Censorship to State Censorship” →

Constitutional Law, Free Speech, Media, Politics

“There are Going to be Rules”: Warren Pledges Wealth Tax and Social Media Regulations After Musk Twitter Deal

Twitter LogoIn response of Elon Musk buying Twitter with a pledge to restore free speech values to the company, Senator Elizabeth Warren (D., Mass) joined many on the left in declaring that our very democracy is now in danger. However, last night Warren went further with MSNBC’s host Ari Melber to pledge to hit Musk and others with a wealth tax and “new rules” limiting what he can do with his new company.

The choice of interviewers was notable since Melber has been under fire for warning that Twitter could be used to “secretly ban” or “turn down the reach” of a political party or candidate. That is apparently worse than Twitter openly banning candidates and suspending accounts of conservatives for years. Melber emphasized “this thing matters a ton.” That is a ton more than it mattered for the last six years. Continue reading ““There are Going to be Rules”: Warren Pledges Wealth Tax and Social Media Regulations After Musk Twitter Deal” →

Columns, Constitutional Law, Free Speech, Media

The First Amendment Option: An Easy Way For Musk To Restore Free Speech on Twitter

Twitter LogoBelow is my column in the Hill on one way for Elon Musk to re-introduce free speech values on his newly acquired social media platform. Pro-censorship advocates like former President Barack Obama may have given Musk a roadmap for restoring free speech on Twitter.

Here is the column:

Continue reading “The First Amendment Option: An Easy Way For Musk To Restore Free Speech on Twitter” →

Free Speech, Media, Politics

“This Thing Matters a Ton”: MSNBC’s Melber Issues Dire Twitter Warning That Seems Oddly Familiar

MSNBC host Ari Melber had a revealing moment on Monday that seemed almost a clinical (if not comical) example of transference. Melber warns that Elon Musk might actually use Twitter to “secretly ban” or “turn down the reach” of a political party or candidate. That is apparently worse than Twitter openly banning candidates and suspending accounts of conservatives for years. Melber is warning the left that Twitter could be used against them . . . the way it has been used against their opponents. He emphasized “this thing matters a ton.” That is a ton more than it mattered for the last six years.

Continue reading ““This Thing Matters a Ton”: MSNBC’s Melber Issues Dire Twitter Warning That Seems Oddly Familiar” →

Media, Politics

They Might Be Foreigners! Washington Post’s Lorenz Justifies Hit Piece On Libs of TikTok
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Libs of TikTok has been much in the news recently after a column by the Washington Post’s Taylor Lorenz and a suspension by Twitter.  Lorenz was on CNN’s “Reliable Sources” on which Brian Stelter praises her writing and said that “I can’t wait to see what you’re working on next.”

However, it was one of the key justifications for the piece that stood out in the interview. Lorenz said that Washington Post targeted the host because she might be a foreigner. Since the Russian collusion stories, the media has been whipping up a fear of how “foreigners” are secretly influencing our society, politics, and culture.  It increasingly seems like “They might be foreigners” is now the rallying cry for the left to justify every excess.

Continue reading “They Might Be Foreigners! Washington Post’s Lorenz Justifies Hit Piece On Libs of TikTok” →

Media, Politics

“A Magnet for Conspiracy Theories”: Wikipedia Kills Entry for Hunter Biden’s Investment Company
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Wikipedia editors are under fire this week for removing the entry for Rosemont Seneca Partners, the investment company connected to Hunter Biden and his alleged multimillion dollar influence peddling schemes. The site bizarrely claimed that the company was “not notable.” The timing itself is notable given the new disclosure that Hunter Biden’s business partner, Eric Schwerin, made at least 19 visits to the White House and other official locations between 2009 and 2015. That included a meeting with then-Vice President Joe Biden despite Biden’s repeated claim that he knew nothing about his son’s business dealings. Schwerin was the president of Rosemont Seneca. Continue reading ““A Magnet for Conspiracy Theories”: Wikipedia Kills Entry for Hunter Biden’s Investment Company” →

Res ipsa loquitur – The thing itself speaks