Category: Media

Lawyering, Media, Politics, Society

Court Rejects Trump Motion To Bar Campaign Statements From Fraud Trial

trump_university_logo495px-Donald_Trump_by_Gage_SkidmoreWe have previously discussed the extraordinary prospect of a President-elect Donald Trump being called as a witness between his election and his inauguration. That prospect is still quite real, even though U.S. District Judge Gonzalo Curiel pushed both sides to settle the case involving Trump University. He also rejected a motion to bar campaign statements by Trump at trial, an interesting ruling that seems in part due to the failure to specify the statements that the defense wanted to exclude from trial.

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Bizarre, Criminal law, Media, Politics, Society

Lafayette College Student Arrested For Faking Attack By Trump Supporter

magaThere is a story out of my old stomping grounds of Lafayette, Louisiana (where I lived during my judicial clerkship on the United States Court of Appeals for the Fifth Circuit for Judge W. Eugene Davis). A female student at the University of Louisiana reported that she was attacked by a man in a white Donald Trump cap and another men. She said that the men hit her with a metal object, ripped off her hijab and took both her wallet and the traditional Muslim head-covering. The incident caused a national outrage but it now turns out that she made up the entire incident after police became suspicious of her accounts.

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Academia, Bizarre, Media, Politics, Society

Professors Excuse Students From Classes and Exams To Deal With The “Trauma” Of The Trump Election

old_guitarist_chicagoAs discussed last night with Megyn Kelly (below), there are stories out this week of professors excusing students from classes or even exams due to the trauma caused by the election of Donald Trump as President of the United States. It is the same response that we saw to the Ferguson, Missouri riots, which I also criticized at schools like Columbia. I cancelled class so that everyone could participate in this historic election. Many of my students were poll watchers and campaign workers. However, we all returned the next day and, even my students upset with the results, directed that energy told their education and moving forward. I was proud of them. We do our students a disservice by reinforcing this modern version of the vapors, where students emotionally collapse when legal or political events do not go their way. Ironically, one of the things I most respect about Hillary Clinton is her fighting spirit. She tended to stand her ground and, when knocked down, to pick herself up immediately and fight again.

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Bizarre, Media

Brazile Insists That She Did Nothing Wrong In Leaking Debate Questions To the Clinton Campaign

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While CNN and others in the media belatedly expressed anger and shock over former CNN contributor Donna Brazile secretly feeding questions to the Clinton campaign for CNN debates, the interim chair of the Democratic National Committee is entirely unapologetic and, if anything, seems to regret only that she got caught if a recent interview is any indication.  CNN Worldwide President Jeff Zucker called Brazile’s actions “disgusting” but Brazile is claiming that she would do it again.

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Bizarre, Free Speech, Media, Politics

American University Students Protest Election By Burning American Flag

american_university_seal-svgProtesters around the country have taken to the street in opposition to the decision of millions of their fellow Americans to elect Donald Trump. While his was a fair and free election, the results are clearly unacceptable to the protesters who seem to advocate democratic choice so long as it is their choice.
Some shouted “F–k white America!” I discussed the issue last night on Megyn Kelly on Fox News. (For interview, click here)

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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.

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Media, Politics, Society

IT IS TIME TO END MEDIA ENDORSEMENTS

unknownIf there is one lesson that has already been learned from the 2016 election, it is that the media does actually matter . . . just not in the way that we had hoped. There has been a pronounced and rising bias against Donald Trump in the media. Some of the negative stories can be laid at the candidate’s own feet for controversial statements and actions. However, it has taken me back how consistent and aggressive the anti-Trump coverage has been in the mainstream media. It is as if Trump was declared the sole exception to the cherished media neutrality rules in this country. However, there has been an interesting response from the public, which views the mainstream media as a critical part of the “establishment.” The more the media drumbeat the call to defeat Trump, the more the public seems to swing toward the candidate. At the end of this election, the media needs to seriously examine its conduct in coverages, including the many Wikileaks emails showing both bias and coordination in favor of the Clinton campaign. One start would be something that I have long advocated: the media must stop endorsing political candidates.

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Bizarre, Constitutional Law, Criminal law, Media, Politics

President Obama Triggers Election Eve Controversy With Interview That Suggests “Undocumented Citizens” Can Vote

unknown-1One of the controversies that has been raging in this election is the allegation of Republicans, including Donald Trump, that illegal immigrants have been voting around the country. An interview with Hispanic activist group “Mitú” has now magnified this controversy after President Barack Obama appeared to say that non-citizens could vote and that there is no way that they would be investigated. Fox News’ Neil Cavuto and dozens of sites cried foul at what they saw as an explicit encouragement of such voting.  The statement came in an interview with Mitú’s Gina Rodriguez who asked the President is “undocumented citizens” are at risk if they vote. The President assured them that they have nothing to fear. It is a extremely poorly crafted question from what appears an amateur interviewer. I do not believe that President Obama was trying to encourage illegal voting but both the question and answer left many incensed.

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Academia, Media, Society, Torts

Rolling Stone and Sabrina Erdely Found Guilty of Defamation In University of Virginia Rape Story

unknownI have long been a critic of Rolling Stone magazine and its contributing editor Sabrina Rubin Erdely (right) in its handling of the infamous campus rape story as well as the University of Virginia in not protecting the fraternity and its students in the controversy. (here and here and here). A jury has found that Erdely and Rolling Stone did defame Nicole Eramo, a U-Va. administrator who oversaw sexual violence cases at the time of the article’s publication. It is a victory for students and academics who are critical of the loss of due process rights for those accused of wrongdoing at universities, the subject of a prior column.

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Criminal law, Media, Politics, Society

Pennsylvania Moves Toward New Law To Delay Releasing Names Of Officers In Shootings For 30 Days

111px-pennsylvania_state_police129px-philadelphia_police_department_patchWe previously discussed how Dallas Police Chief David Brown quietly changed a rule that would require officers involved in a shooting to wait 72 hours before making a statement. I was highly critical of the change, which treats officers differently from other witnesses to shootings and seeks to avoid contradictions in accounts — difference that might reveal culpability or collusion. Now, Pennsylvania is about to go one better. A new law would prevent the release of the names of officers involved in shootings by 30 days. The bill by Rep. Marina White (R) is designed as a “basic protection from threats” Supporter Rep. Dominic Costa (D) declared, “We are the protectors of our protectors.”

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Bizarre, Media, Politics

Brazile Under Fire As More Emails Purport to Show Secret Leaks of Questions To Clinton

220px-donna_brazile_1200px-Cnn.svgWe discussed earlier how Donna Brazile, the interim chair of the Democratic National Committee, denied the legitimacy of emails that showed her leaking a question to Hillary Clinton that would be asked verbatim at the CNN downhill event. The media has largely declined to investigate the claim, including confirming the receipt of the earlier email from the Clinton staffer. Now additional emails allegedly show Brazile secretly feeding information to the Clinton campaign. Again, there has been relatively little media attention to the story and CNN issued a remarkably weak response that it was “uncomfortable” with the new disclosures on Brazile’s actions while a CNN commentator. “Uncomfortable”? How about words like “unethical”?

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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.

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Criminal law, Media, Politics, Society

Comey Sends Letter To Congress Citing New Evidence (and An Investigation) In The Clinton Email Scandal [UPDATED]

Jcomey-100Hillary_Clinton_Testimony_to_House_Select_Committee_on_BenghaziThere is a major news development with the release of a letter from FBI Director James B. Comey that the Bureau has decided that new evidence requires further investigation into the Clinton emails. It was a surprising change just days before the election. After all, as recently as September 27, 2016, Comey rejected the idea that the bureau would reopen its investigation into Hillary Clinton’s use of a private email server while she was secretary of state. Comey wrote in a letter to top members of Congress that the bureau has “learned of the existence of emails that appear to be pertinent to the investigation.” UPDATE: There are accounts suggesting that the information came from an investigation of Anthony Weiner, estranged husband of Huma Abedin, and that the emails were not authored by Hillary Clinton. This is still unfolding and there are calls to confirm this information. If the author is Huma Abedin, the investigation would hit one of the most senior aides. If it contained classified information, that is a stand only offense under federal law. Human Abedin was interviewed previously by the FBI — raising the risk that she will be called in for additional questioning. However, the new development could also prove insignificant for a criminal investigation and, if these were communications between Abedin and her estranged husband, it may not implicate Clinton personally or have any serious impact on the prior conclusions of the FBI investigation.

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Media, Politics, Society

“They Wanted To Get Away With It”: Newly Released Emails Show Rising Alarm Over Clinton Aides Withholding Information On Email Scandal

Hillary_Clinton_Testimony_to_House_Select_Committee_on_BenghaziNewly released emails from Wikileaks show that aides became alarmed when President Barack Obama assured the public that he had learned about Hillary Clinton’s use of a private email server as secretary of state “the same time everybody else learned it, through news reports.” Cheryl D. Mills, a top aide who featured prominently in the email scandal and insisted on immunity before turning over a laptop with classified information, flagged the issue to say that Obama sent emails to Clinton’s private email. There is also an exchange of campaign officials complaining that close Clinton aides withheld the information of the email scandal because “they wanted to get away with it.” As I discussed in a recent column, these Wikileaks memos have confirmed the worst assumptions of voters about the dishonesty and evasion of their government. It has turned this into America’s Game of Thrones election.

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Bizarre, Media, Politics

Brazile Denies Sending Controversial Email Despite Claims Of Authenticity

220px-donna_brazile_1One of the least pursued stories in the mainstream media has been the denial of Donna Brazile that she sent the controversial email leaking a question to Hillary Clinton that would be asked at the CNN presidential downhill. Of course the easiest way to confirm that story is to ask the recipient campaign adviser Jennifer Palmieri who is readily available to the media. However, reporters have not pressed Palmieri. In the meantime, Brazile gave a rambling denial of the story that would normally trigger a feeding frenzy. In addition, some techies have posted a research that they say strongly support claims of authenticity, but the response of the media has been crickets.

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