Category: Media

Trump’s Inner Nixon: Is It Possible To Have a Cover Up Without An Actual Crime?

Below is my column in the Hill Newspaper on the Comey termination and comparisons to the Nixon presidency.  Those analogies deepened this weekend after the President repeated that he thinks that they should just get rid of the daily press briefings that have been such a central part of White House operations for decades.  What is most striking is how, again, the White House has engineered its own undoing.  Many people had called for Comey to be fired, particularly Democrats. However, the timing and manner of the termination has created yet another scandal for the Administration. Only 27 percent of citizens support the decision according to a NBC/Wall Street Journal poll.  The growing credibility crisis has made the appointment of a Special Prosecutor (or even the resurrection of the Independent Counsel Act) a priority for many. While I have been a dissenting voice regarding the need for a Special Prosecutor, the Comey debacle has changed my view.  The public deserves an independent investigation into these allegations and related issues.  Perhaps people will be satisfied with the FBI investigation under a new director, but the last week has been so damaging to public confidence that the need for an independent investigation is obvious. Having said that, I am still unsure of the major crime being investigated under the facts that are currently known.  For the moment, this Administration appears intent of self-incriminating actions in the absence of an actual crime.

Here is the column:

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Chris Zarconi Shows Documentary Men of Steel at GW’s Corcoran Gallery

Last night, my son Jack and I went to see the documentary Men of Steel by photographer Chris Zarconi.  Zarconi is a graduate student at George Washington University and set out in his to photograph the rust belt and interview those still living in cities like Youngstown, Ohio.  He is an amazing photojournalist and filmmaker.  These are his pictures (published with his consent). Zarconi was also one of the plaintiffs in Chang v. United States, the mass arrest case stemming from the 2002 protests of the World Bank and the IMF.  I had the honor of representing Chris and the other plaintiffs with my co-lead counsel Daniel Schwartz and his colleagues at the Bryan Cave law firm.  Chris was arrested while working as a photo journalist for the award-winning Hatchet university newspaper.

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Trump Met With Russians At The Request Of Putin

220px-From_Russia_with_Love_–_UK_cinema_posterThe decision of the White House to host Russian Foreign Minister Sergey Lavrov and Russian Ambassador to the United States Sergey Kislyak on the day after the termination of FBI Director James Comey ranks as one of the worst political decisions of a White House in years.  Kislyak is the very Russian diplomat at the heart of the allegations of influencing peddling and collusion with Trump officials.  Just as every network was exploring allegations that Comey was fired to protect Trump was an investigation into his ties with the Russians, the White House guaranteed that the Russians would be shown huddling with Trump followed by grinning photos in the Oval Office.  That can be attributed to a long litany of self-inflicted wounds by this White House. However, what was more disturbing was the fact that U.S. photographers were barred from the meeting.  Only the photographers from Tass were allowed. Tass is state-run agency.  So not only did Trump meet with the Russians at the height of the allegations over Russian influence but the American people only saw pictures given to them by the Russians.

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Kellyanne Conway Accuses Anderson Cooper of Sexism After Rolling His Eyes During Interview

conway12n-2-webI was at CNN the night of the firing of James Comey.  Frankly, it was utter chaos as Washington exploded with the news.  (The green room was packed with folks waiting to go on.  I left rather than wait all night for an uncertain hit.  I was far more interested at that point in the Cubs-Rockies game).  I was in other words an “eyewitness” in the crowded green room when White House counselor Kellyanne Conway was interviewed by Anderson Cooper who noticeably rolled his eyes.  Some in the green room were thrilled by the demonstration.  One person who was not thrilled was Conway herself who leveled a charge of sexism the next morning on Fox News.  (For the record, Conway is my former student at GW Law School).  For the record, having worked with Anderson for years, I do not believe that he has a sexist bone in his body.  That does not excuse the lapse of professionalism and it will magnify criticism of the network as openly anti-Trump.

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Report: Rosenstein Appears To Deny That He Threatened To Resign Over False Account Regarding His Comey Memorandum [UPDATED]

Rod_Rosenstein_US_AttorneyDeputy Attorney General Rod Rosenstein who wrote the memorandum firing James Comey  is back in the news today.  Various news organizations are reporting that he allegedly threatened to quit after the White House represented that Comey was fired based on his recommendation.  Both the Washington Post and ABC News are reporting that Rosenstein was sufficiently outraged by the White House statements that he was prepared to walk.  The reporting is highly disturbing on a number of levels.  The White House made a notable change in its account of the decision yesterday — admitting that Trump decided that he wanted Comey gone over a week earlier.  Of course, this does not change the fact that Rosenstein recommended the firing of Comey in the memo but it raises serious questions of the veracity of the White House. UPDATE: The White House is categorically denying that Rosenstein threatened to resign.  More importantly, Rosenstein has denied that he threatened to resign though it is not clear if he denied calling the White House to object to its portrayal of the facts leading to the termination.

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Sally in Wonderland: The “Curiouser and Curiouser” Position of The Former Acting Attorney General

Below is my USA Today column on the testimony of Sally Yates, former acting Attorney General, on her unprecedented order to the Justice Department not to assist President Donald Trump in the defense of his immigration executive order.  While the hearing was focused on her warning with regard to former National Security Adviser Michael Flynn, some of us were more interested in how she would respond to criticism over the order that led to her being fired.  Both Democratic and Republican lawyers have raised serious ethical misgivings over her decision.  The hearing however only magnified the questions over the basis for her actions. Here is the column.

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James Comey and Posthumous Acclaim In Art and Politics

With the firing of FBI Director James Comey, politics seems to be following art in one important fashion: your work becomes more popular after you’re dead. Jim Croce was barely known as a singer until his plane crashed and burned. Van Gogh sold only one picture in his lifetime . . . until he shot himself. Comey’s work appears to be on the same track of retrospective popularity. He is now the rage. Democratic Senators and liberal commentators who only recently denounced him as a political hack and manipulator were suddenly speaking of Comey as the second Publicus. More importantly, news outlets like CNN went into a virtual echo chamber with their experts, like Jeff Toobin, declaring that the President was lying and that there was no other explanation for firing Comey other than that fact that the Russian investigation was “getting too close” to Trump. One CNN guest historian, Douglas Brinkley,  even declared, from a purely historical perspective of course, that the firing shows that Trump acts like a “tyrant.”

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Ireland Drops Blasphemy Prosecution Of Actor Because Not Enough People Were Outraged

As we discussed yesterday, the Irish people have remained committed to holding the ignoble status of a Western country prosecuting people for blasphemy with its sister jurisdictions in Iran, Saudi Arabia and other repressive governments.  Even when the Irish government seeks to avoid the obvious denial of free speech under its blasphemy law, it only makes the entire country look even more ridiculous. That is the case with the decision to drop the criminal investigation of famous actor Stephen Fry.  In a television interview, Fry merely asked why he should  “respect a capricious, mean-minded, stupid god who creates a world…. full of injustice.”  He was asked about his view of religion and he answered.  A citizen then said that, while he was not insulted, the comment still constituted blasphemy and should be investigated. Now the police have said that they decided to drop the investigation after concluding an insufficient number of people expressed outrage. So the Irish have the perfect free speech nightmare law: whether you will be prosecuted will depend how many people want you incarcerated.  Sounds like criminal law by plebiscite.

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A SHOWING OF ACTUAL MALICE: THE WHITE HOUSE “TIRES” OF THE FIRST AMENDMENT

donald_trump_president-elect_portrait_croppedBelow is my Hill column this week on the confirmation from both Trump’s Chief of Staff and the White House Spokesperson that the Administration is working on possible changes in our libel laws — changes that by definition would require altering the First Amendment.  The decision in New York Times v. Sullivan is decades old and celebrated as one of the Court’s greatest decisions.  It has never been challenged by a president . . . until now.  The case clearly states that the libel standard is a constitutional rule and thus the Court would have to overturned the decision or the President would have to amend the First Amendment.  Whatever must be shown under the “actual malice” standard of New York Times v. Sullivan, it pales in comparison to the actual malice shown by this Administration toward the free press.  Here is the column:

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Berkeley Student Leader Denounces Campus Police As Triggering and Rejects Free Speech Protections For Speakers Like Ann Coulter

Seal_of_University_of_California,_Berkeley.svgWe have been discussing the alarming erosion of free speech on our campuses and the increasingly twisted view of free speech by students calling for speech codes and regulations.  At the same time, we have seen campus police denounced as being a “triggering” element on campuses (Here and here). Both trends were evident this month at the University of California at Berkeley, including the alarming published comments of a student senator,  Juniper Angelica Cordova-Goff.  Cordova-Goff denounced the large presence of campus police to deal with the protests as triggering while reaffirmed that free speech should not protect speakers who she views as part of a “violent conversation” like conservative Ann Coulter.

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Breaking Up Is Hard To Do: The Timing and Rationales For Splitting The Ninth Circuit Are Dubious

ninth-circuit-logoBreaking-up-is-hard-to-do-neil-sedakaThe call by President Donald Trump to break up the United States Court of Appeals for the  Ninth Circuit have been echoed by members of Congress, including most recently Sen. Ted Cruz (R., TX).  Below is my column in The Hill Newspaper on the controversy.

 

 

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Le Pen Advisor Convicted Of Hate Speech For Complaining About Rise In Muslim School Children

Freedom_of_SpeechWe have been discussing (and lamenting) the rollback of free speech in France where writers and speakers are now routinely prosecuted for what would be protected political or religious speech in the United States.  The latest case involves Robert Menard, mayor of Beziers and a top adviser to Marine Le Pen, who has been found guilty of inciting hatred against Muslims.

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Erdogan Quickly Uses New Sweeping Powers To Round Up His Opponents

220px-Recep_Tayyip_ErdoganI recently posted a blog column on the troubling image of President Donald Trump calling Turkish President Recep Tayyip Erdogan to congratulate him on his success in securing what are viewed as near dictatorial powers in the close recent referendum.  Erdogan did not waste any time in using the powers.  Turkish police have arrested 1,000 people suspected of being supporters of Erdogan’s main opponent, US-based Islamic cleric Fethullah Gulen.

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Carter Page and the Beltway Untouchables

Harry Truman famously said that “If you want a friend in Washington, get a dog.”   Trump campaign counsel Don McGahn appears to have given the same advice to international businessman Carter Page, who is at the center of the Russian influence scandal.  While Page was referenced as an adviser during the campaign, McGahn sent him a letter telling him to stop calling himself “an advisor” — current or former. In other words, he was now not just a non-adviser. Page was now a non-entity for the purposes of the Trump team. As continued denials this week of any role of Page confirm, he has now joined a rather lamentable group in Washington: political orphans who wander the Beltway without a home or a friend. They are our untouchable class; people who move from high-profile existences to utter non-entities in the space of a news cycle. Continue reading “Carter Page and the Beltway Untouchables”

New York Times Editor Calls For The Dropping Use Of “Female Genital Mutilation” As A “Culturally Loaded” Term

This week it was revealed that a New York Times editor has decided that the newspaper should not use the term “female genital mutilation” as “culturally loaded” and might insult “people who follow the rite.”  It is the culmination of a trend across the country where students are being trained to spot and avoid any form of cultural bias, a push that can be highly beneficial or highly damaging in how one defines bias. At the risk of total social isolation, it may be time to speak in favor of cultural bias, at least when it comes to founding principles of human rights.

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