Category: Media

Bizarre, International, Media

Unmade Bed Goes For Over Three Million Dollars At Art Auction

Artist Tracey Emin said that she had an idea after a long bout in bed during a stressful relationship period. After four days, she looked at the bed and discarded vodka bottles and cigarette butts and decided that she had created art.  Many would say that her work is not art but an unmade bed. However, the work was put on the shortlist in 1999 for the prestigious Turner Prize and it has now been auctioned off for  £2.546 million.  That is over three million dollars for Emin’s unmade and stained bed.

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Congress, Constitutional Law, Free Speech, Media, Politics, Society, Supreme Court

Congressman Moves To Sue House Over Removal Of Controversial Painting Depicting Police As Pigs

440px-wm-_lacy_clay_official_photo_2009painting-of-cops-as-animals-640x480-640x480We previously discussed the controversy over a painting by a constituent of Democratic Rep. William Lacy Clay that depicted police as pigs in Ferguson, Missouri.  As we discussed, the House had a right to remove the art and eventually did precisely that.  However, before that decision from the House, Rep. Duncan Hunter (R., Cal.) took down the painting.  Clay called for criminal charges.  When the painting was rehung, another Republican member removed it.  At the time, Rep. Cedric Richmond (D-La.), chairman of the Congressional Black Caucus, said “We may just have to kick somebody’s ass and stop them.  Then the architect stepped in and barred the hanging of the picture.  Now Clay has announced that he will file a lawsuit challenging the actions of the House of Representatives. It is hard to see a strong legal basis for such a challenge.  The odds heavily favor the House of Representatives in the action.

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Congress, Constitutional Law, International, Media, Society

Executive Redux: Administration Set To Issue New Order On Immigration

donald_trump_president-elect_portrait_croppedWord on the street is that the Trump Administration is prepared to issue a new executive order on immigration.  While I have maintained that the law favors President Trump on this issue and I have been critical of the decision by the Ninth Circuit, I have also maintained that the original executive order was poorly written, poorly executed, and poorly defended.  A second executive order could reset the litigation and cut away a key (and in my view questionable) component of the Ninth Circuit opinion in expressly exempting green card holders.  The new order reportedly does precisely what many of us have suggested while keeping the majority of the prior order.  By retaining the same countries and imposing the same conditions, the new order would protect the Administration politically from allegations that the President has backtracked.  It would also leave the core basis for challenges on the merits of such travel limitations.  I will be speaking on Capitol Hill on Tuesday about the President’s executive order authority at the US Capitol Visitors Center at noon.

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Columns, Congress, Constitutional Law, Courts, Media, Politics, Supreme Court

GAME CHANGER: THE GORSUCH NOMINATION GOES TO CAPITOL HILL

ap17024739756097donald_trump_president-elect_portrait_croppedBelow is my column in The Hill newspaper on the nomination of Tenth Circuit Neil Gorsuch.  If President Trump sought to change the subject from immigration, I doubt this will do it. However, as I discuss in the column, if he sought to quiet restless Republicans over a truly dreadful performance of the Administration in the first week, the nomination should do so. He is a jurist with impeccable credentials and will be very impressive in the upcoming hearings.  He is, to put it simply, a game changer.

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Columns, Media, Politics, Supreme Court

If Trump Seeks A Legacy On the Court, He Should Change The Court Itself . . . Not Its Membership

Supreme CourtThe Los Angeles Times has published my column on reforming the Supreme Court.  If President Trump truly wants to leave a legacy on the Court, he should focus not on changing the membership but changing the institutional itself. Continue reading “If Trump Seeks A Legacy On the Court, He Should Change The Court Itself . . . Not Its Membership” →

Congress, Constitutional Law, Courts, Justice, Media, Politics, Religion, Supreme Court

TRUMP NOMINATES NEIL GORSUCH FOR THE UNITED STATES SUPREME COURT

ap17024739756097President Donald Trump has made his choice for the Supreme Court and it is Tenth Circuit Judge Neil Gorsuch, 49.  With the selection, President Trump would be submitting a jurist with unassailable credentials and proven intellect.  He is also someone with a proven conservative record, though there are a few blind spots for those who want a nominee vaccinated against what conservatives view as the David Souter virus — a creeping condition where a conservative gravitates to the left of the Court with time.  Last night, The Hill newspaper ran my column on Gorsuch and his unquestioned qualifications.

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Congress, Constitutional Law, Media, Politics

Trump Fires Acting Attorney General Over Refusal To Defend Executive Order

sally_q-_yatesdonald_trump_president-elect_portrait_croppedPresident Donald Trump fired acting Attorney General Sally Yates Monday night for “refusing to enforce a legal order designed to protect the citizens of the United States.”  As I stated on “Morning Joe” this morning, Trump clearly has the right to fire Yates.  Indeed, Yates’ action (and rationale) contradicts long-standing Justice Department policies on such issues.  Despite my personal opposition to this executive order, I believe that Yates was mistaken to take this action and that it does not serve the interests of justice to obstruct efforts to have this matter fully litigated before a court for independent review.

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Bizarre, Congress, Constitutional Law, Criminal law, Media

Giuliani: Trump Told Me He Wanted A “Muslim Ban”

rudy_giuliani_by_gage_skidmoreThe Trump Administration has maintained that the new executive order on refugees is not a Muslim ban.  It is a compelling argument given the fact that only seven Muslim countries are singled out.  Yet, Administration lawyers will have to deal with countervailing statements from President Trump that he wants to give preference to Christians as refugees.  Now Former New York City Mayor Rudy Giuliani (R), a close confidant to President Trump, may have magnified the problems with an interview where he discusses how President Trump asked him to craft “Muslim ban.” 

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Media, Politics

New Study Supports White House Claim On “Most Watched Inauguration”

inauguration_crowd_size_comparison_between_trump_2017_and_obama_2009After the inauguration, the White House was heavily criticized for President Trump’s repeated criticism of the media over how big of a crowd he attracted at his inauguration, particularly in comparison to the inaugurations of former President Obama.  As I stated at the time, I thought both Trump’s comments at the CIA and Sean Spicer’s first press conference were mistakes.  They lost the first 48 hour news cycle to a discuss about Trump’s perceived insecurities and factual assertions that were later challenged.  Newspapers have reported (with White House staff as sources) that Trump was alarmingly obsessed with the issue. It was a performance that even  stalwart supporters like Charles Krauthammer on Fox called “weird.”  Likewise, Fox News has described Spicer’s facts as “incorrect.” While it does appear that the crowd at the inauguration was smaller (which again I fail to see as a serious problem) and the figures released by Spicer on metro ridership were wrong, but the BBC is reporting  with other sources that Trump’s inauguration a study on live streaming sources that supports Spicer’s claim that the actual viewership was in fact the largest in history.

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Media, Politics, Uncategorized

The Great American Trademark: Trump Team Moves To Trademark Campaign Slogan

trump-pence_2016-svgIt appears that Keeping America Great requires keeping America from using such phrases as Keeping America Great.  The Trump legal team has moved to trademark the slogan “Keep America Great!” Previously an effort to trademark the very same phrase was denied by the U.S. Patent and Trademark Office.

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Academia, Free Speech, Media, Politics

GW Event On Candidates For The DNC Chair Leads To Controversy Over Racially Charged Comments

screen-shot-2017-01-24-at-8-47-02-am150px-GWUlogoThe event at my university for candidates for DNC Chair has caused a bit of a ruckus after various candidates lashed out at white consultants and white people in answering questions. The George Washington event was aired on C-Span and the most controversial comments came from the executive director of Idaho’s Democratic Party, Sally Boynton Brown.   I woke up this morning to find emails from GW students on some of the racially charged comments at the forum.  Brown said that white people working with the party had to be taught to “shut their mouths.”  Other candidates lashed out at “white consultants” as part of the systemic problem at the DNC.   The result is a debate on campus that only highlights the school and our wonderful location in Washington.

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Constitutional Law, Courts, Media, Religion, Society

SUPREME COURT TURNS DOWN SISTER WIVES PETITION

240px-sister_wives_tv_series_logoSupreme CourtI regret to report that a few minutes ago, the United States Supreme Court denied the petition for review filed in the “Sister Wives” case. The case is Brown v. Buhman, No. 14-4117. As lead counsel for the Browns, I was joined on the petition by co-counsel Thomas Huff and Adam Alba.  My prior assistants, including my current assistant Seth Tate, and law students worked countless hours into many late nights to maintain this litigation.  We are greatly in their debt for their pro bono work on this case.  The attorneys and law students who worked on this case came from different religions and held different values.  Many disagreed morally with plural families. However, we all believed strongly that every family has a fundamental right to follow their own faiths so long as they did not harm others.  We all believed that the Browns were denied those rights when they are singled out for public condemnation and criminal investigation due entirely to their public support for plural marriage.  It is particularly difficult to prevail on the merits in establishing constitutional violations only to be reversed on standing issues on appeal. However, our victory in Salt Lake City will remain as a cautionary decision for legislators who wish to marginalize or sanction this community in the future.

I also wanted to extend my deepest gratitude and respect to the Brown family which allowed us to represent them in this historic action.  The Browns remained steadfast in their commitment to equal rights and have become the voice for not just plural families but many families which do not meet the strict definition of monogamy practiced by the majority of citizens.  The Browns have kept their show and this litigation largely separate to allow the courts to fully consider the merits of our case without interference or aggrandizement.  They continue to have faith in our country and our legal system despite this decision.  More importantly, they have faith in the right of all families to enjoy the protections of our Constitution and will continue to fight to make that promise a reality for plural families throughout the country.

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Bizarre, Media, Politics, Society, Uncategorized

The Administration Holds First Press Conference With An Attack on Media Over Crowd Estimates

screen-shot-2017-01-22-at-7-06-26-amThe Trump Administration has a rocky kick off this week due to both things outside of its control and things of its own making. First there was the planned protests against the new President — demonstrations both on Inaugural Day and the next day that I criticized. Those were outside the control of the Administration. However, then there was a remarkably disappointing and lackluster Inaugural speech followed by a truly dreadful press conference. This was the first press conference for the Administration – a key moment for any new Administration. Instead of emphasizing the positive and taking control of the news cycle with strategic announcements, White House Press secretary Sean Spicer largely criticized the press and then made a series a highly dubious factual assertions about the size of Trump’s audience. It was a performance that even  stalwart supporters like Charles Krauthammer on Fox called “weird.”  Likewise, Fox News has described Spicer’s facts as “incorrect.” Most of us who have previously watched or covered Inaugurations thought that the crowd seemed smaller.  So what?  Tens of millions of people voted for Trump. That is the measure that counts.  Yet, Spicer went on the attack with some shaky assertions and guaranteed that this tempest in a teapot would be the focus of the next news cycle — and gave critics an opening to lambast the new president.  I have said this before that friends of this President need to call him out when his Administration goofs if they want this Administration to succeed.  This is one such moment and shows an early lack of discipline and message.

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Media, Politics

THE WOMEN’S MARCH AND AMERICA’S WAR OF THE ROSES

margaretanjourichard_iii_earliest_surviving_portraitAs I have previously discussed, my house is hosting over a dozen family and friends who have come from around the country to join the protests today as part of the “Women’s March” in Washington. We know at least a dozen more local friends attending. I will not be one of them as I explained earlier. I respected those marching today for values that mean so much to them . . . and to many of us.  There is obviously going to a sizable crowd — one that may dwarf the Inauguration attendance.  I did note that, when I dropped off my brother Chris and his family this morning, the metro in McLean seemed much more crowded than it did yesterday for the Inauguration. Having spent a few days with protesters and celebrants at the Inauguration, I am struck by how hardened both sides are toward each other . . . and dismissive of the operative facts underlying this election. Both sides seem unwilling to recognize the flaws in their past positions while grotesquely distorting their view of the other side. It reminds me of Richard III and the advice of the Queen Mother, Margaret, on how to learn to hate as she sought to “teach thee how to curse.” It is simple, she explains, just “Think that thy babes were sweeter than they were, And he that slew them fouler than he is.”

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Bizarre, Media, Politics

Did The Trump Team Really Want Tanks And Missile Launchers On Parade Before The White House?

2015_moscow_victory_day_parade_-_01donald_trump_president-elect_portrait_croppedAfter toasting President Trump and his Administration the best for a successful term of office, it did not take long to find my first criticism (about the same time as his predecessor). I was appalled to hear after the Inauguration that the Trump team wanted to have tanks and missile launchers added to the Inaugural parade like some homage to the North Korean “Dear One.” As someone who is an admitted die-hard traditionalist, I was truly shocked by the effort. I was in utter disbelief that the Trump team would want such an image — and a departure from our long-standing tradition. I still hope that this report is false because it would show a stunning lack of perspective and judgment. However, I have not been able to determine if the story is true. It appears based on one source and one site has pulled back from the initial story which appeared on Huffington Post and MSNBC. If this is a fake news story, I would like to see that confirmed and the culprits revealed. Either it is a shocking lack of judgment on the part of the Trump team in proposing the military display or the media in spreading this story. It is news either way. If false, I would have to hear soon from the Trump Administration. One learns in Washington that you have to stomp out false stories within the first 48 hour news cycle. We are past the cycle without a clear response from the Administration.

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