Category: Media

No, NFL Players Do Not Have A Constitutional Right To Protest During The National Anthem

The_Star-Spangled_Banner_-_Project_Gutenberg_eText_21566Below is my column in The Hill newspaper on the calls for a constitutional challenge to the new NFL policy against protests during the National Anthem.  While many have  claimed that the policy violates free speech rights of the players, there is actually little support for such a challenge under constitutional law.  The best shot might be procedural in nature in arguing that the collective bargaining agreement requires conferral on such rules with the players. Putting aside the strong defenses to this claim, it would likely only require consultation and not a change in the ultimate policy.

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Cohen Met With Russian Oligarch At Trump Tower and Is Widely Accused Of Selling Access To Trump . . . But Remains A Likable Fellow

Screen Shot 2018-05-27 at 10.38.06 AM.pngTrump lead counsel Rudolph W. Giuliani continues to struggle in media appearances this weekend with a jumbled and confusing interview.  Notably, while expressing his dislike for those who sell access, Giuliani was clear on one point: he likes and respects Michael Cohen.  The continued public support for Cohen may reflect a desire to keep him from becoming a cooperating witness, but the professions of respect for Cohen are becoming increasingly incongruous with disclosures of how Cohen shamelessly (and successfully) sought to sell access to Trump to foreign figures and various companies like AT&T.   The latest example is a payment of $580,000 from a company associated with Russian oligarch Viktor Vekselberg.  Cohen met with Vekselberg at Trump Tower during the transition period.

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“They Are Almost All Legal Clients”: The Curious Defense of Squire Patton Boggs Over The Cohen Contract

Squire_Patton_Boggs_logoA new article out in Politico explores the disastrous decision of Squire Patton Boggs to bring in Michael Cohen in a blatant scheme to sell access to the President.  Edward Newberry, one of the top lobbyists for Squire Patton Boggs, is described as one of the critical players in taking on a lawyer who was already viewed as one of the sleaziest and unethical lawyers in the country. Indeed, the article describes how some members of the struggling firm noted that he could well end up as the next Jack Abramoff, who went to jail for a long pattern of grotesque corruption.  What was most interesting however about Theordoric Meyer’s piece however was the defense by the firm spokesperson, Angelo Kakolyris, in the article on the five clients that Cohen brought the firm under his bloated deal: “they are almost all legal clients.” “Almost all”?  In reality, Kakolyris was making a finer point, I assume, that the small number of clients were legal not lobbying matters.  However, it is an unfortunate choice of words for dealings with a man who seems to be spinning off criminal allegations the way hurricanes spin off tornados.

 

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Controversy Erupts With The Intervention Of The President’s Counsel Before Two Highly Classified Briefings

350px-US-WhiteHouse-Logo.svgEmmet Flood, the latest lawyer added to the White House as part of its defense to the Russian investigation, was meant to bring experience and order to the chaotic legal team around President Donald Trump.  However, his first public move can only be described as a blunder of the first order.  Flood went to yesterday’s much discussed briefing to speak with members of Congress. Two highly classified briefings were scheduled to discuss the use of informants by the FBI in its investigation of Trump campaign associates.  It was precisely the type of thoughtless act that has baffled many of us for months.  Little would be achieved by Flood briefly addressing the members but, in appearing, Flood undermined the integrity and stated purpose of the meeting.  He created the impression that the briefing was first and foremost about the defense of the President personally.  In doing so, he undermined the entire exercise with virtually nothing to gain from his attending the meeting.  None of this was criminal or unethical. The concern is that it shows a continued failure to mind critical lines of separation as well as a dumbfounding lack of judgment.

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New York Attorney Under Fire After Video Of His Threatening To Call ICE On Spanish Speakers In Restaurant

 

download-2New York lawyer (and GW Law graduate) Aaron Schlossberg who went on a bizarre tirade against Spanish-speaking restaurant workers has quickly become the most hated man of the week in New York.  The New York Post reports that he has now been kicked out of his office by Corporate Suites, the company that held his lease.  There is also an effort to disbar him and even a petition to hire a mariachiband to follow him around New York.  That could lead to an interesting legal fight if he alleges harassment or stalking.  The moves against Schlossberg raises our long-standing debate over actions taken against people for obnoxious or unpopular speech in their private lives or on social media.

 

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Ockham’s Razor And The Trump Tower Transcripts

William_of_OckhamBelow is my column in the Hill newspaper on the release of the transcripts from the investigation into the infamous Trump Tower meeting.  The testimony of key players is consistent with a reckless effort to get dirt of Hillary Clinton but, if anything, it undermines claims of collusion or conspiracy with the Russians.  The answer may lie in the writings of 13th Century  English Franciscan friar William of Ockham.

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“Amen Sister”: Gillibrand Declares “The Lehman Sisters” Might Have Prevented 2008 Financial Collapse

440px-Kirsten_Gillibrand,_official_portrait,_112th_CongressNew York Democratic Sen. Kirsten Gillibrand told a supportive audience at the progressive Center for American Progress Ideas Festival that gender alone could make a difference in finance crises: “If it wasn’t Lehman Brothers but Lehman Sisters, we might not have had the financial collapse.”  The problem, critics have noted, is that Lehman Brothers had a female CFO during the financial crisis.  The bigger problem is how gender is often presented as a de facto credential by politicians and activists without acknowledging that it would also be de facto discrimination if used in this fashion.  It is an interesting story coming on the heels of the story out of the University of Akron where a professor declared female students would be automatically given higher scores. Gillibrand’s comment comes when she is pushing for new sexual harassment legislation in Congress.
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As The Supreme Court Considers Major Free Speech Case, Liberals Can’t Have Their Cake And Eat It Too

Freedom_of_SpeechBelow is my column in The Hill newspaper on how liberals in New York are supplying the Supreme Court ample reason to rule for a Colorado cake shop owner in the Masterpiece Cakeshop case.  As the Court decides whether a baker can refuse to bake a cake deemed offensive, many liberals are asserting the right to refuse to serve conservatives based on their political views or associations.

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“Reach Out To Touch Someone”: Michael Cohen and Washington’s Only Indigenous Crop

300px-AT&T_logo_2016.svgBelow is my column in USA Today on recent disclosure of Michael Cohen, President Donald Trump’s longtime personal lawyer, received hundreds of thousands of dollars from companies like AT&T seeking access to Trump.  Accounts indicate that Cohen actively sold himself as a conduit to Trump to companies seeking influence.  Cohen is only the latest in a long line of sleaze winding its way through Washington.

Caught red-handed in influence peddling, AT&T reportedly fired the Vice President responsible for the Cohen contract and called it a “big mistake.”

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Court Rejects Claims Of California Middle School Teacher Of A Conspiracy Between Police and White Nationalists After Berkeley Riots

anti fa memberWe have previously discussed Antifa and its violent anti-free speech philosophy. The latest violent clashes occurred at Berkeley where  middle school teacher and Antifa leader Yvonne Felarca, 47, was arrested for battery and resisting arrest for fighting in Berkeley’s much maligned “empathy tent.”  Felarca has fought the charges and called the charges a “witch hunt” to convince the court to drop the charges against her. It did not work with a California judge who refused to discuss her felony charges.  What was surprising was the language used by her lawyer in both courts filings and public statements.

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“Undesirable Person”: Russians Bar Entry Of German Journalist Who Helped Uncover Their Doping Program

225px-Vladimir_Putin_official_portraitWe have previously discussed the questionable assurances of reforms from the Russian government after its government-led, systemic doping scandal.  The greatest proof came this week when the Russians barred German Journalist Hajo Seppelt, the man who broke the Russian state doping story, from entry to the World Cup in Russia.  If the Russians were so shocked and repentant, they should welcome Seppelt as a hero. Instead, they declared him an “undesirable person” for revealing their systemic cheating.  Of course, the FIFA (which has distinguished itself as one of the most thoroughly corrupt organizations) has taken no real action.

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The Crack Suicide Squad: The Trump Team Moves Toward The Worst Case Scenario

Below is my column in The Hill newspaper on the emerging strategy from the Trump legal team with the addition of Emmet Flood and the comments of Rudy Giuliani. It is strikingly familiar to those of us who were around for the Clinton impeachment.  The team appears to be moving toward the worst case scenario as the only scenario.  That puts the President on a path that increases the risk of impeachment.  The rhetoric is already laying the foundation to refuse to cooperate and litigate issues like a subpoena in court.  Just as the Clintons claimed a “vast right-wing conspiracy” was out to get them, the Trump team is alleging a “deep state” conspiracy.  The team is now on a course of confrontation — a course that could make things far worse unless Special Counsel Robert Mueller yields to the public taunts by figures like Giuliani.

 

 

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How A Porn Star Can Take Down A President

440px-Official_Portrait_of_President_Donald_TrumpBelow is my column in USA Today on the real danger of the Stormy Daniels case.  The danger in the campaign finance allegation is the fact of the investigation not necessarily the charge itself.  The fact that there is an ongoing investigation presents a more straightforward basis for prosecutors to allege obstruction than in the Russian investigation.

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No, Giuliani Did Not Implicate Trump In Obstruction of Justice In Comey Comments

225px-rudy_giulianiBelow is my column in the Hill newspaper on the widespread criticism of former New York mayor Rudolph Giuliani’s interviews as implication his client, President Donald Trump, in the crime of obstruction of justice.  Giuliani noted that Trump fired James Comey in part due to his refusal to state publicly that Trump was not a target. While I have been highly critical of Giuliani’s performance, the defense raised by Giuliani was neither new nor a basis for a criminal charge.

 

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Giuliani and the “Zero” Defense

225px-rudy_giulianiBelow is my column in USA Today on the disastrous interviews given by Rudy Giuliani where he made a series of damaging statements on the Stormy Daniels scandal and other matters related to President Donald Trump.  He has since walked back his remarks and President Trump has said that Giuliani needs to “get his facts straight” and said that people had to “learn before you speak. It’s a lot easier.”   Giuliani seemed to contradict himself in the same interview and tripped more wires for potential criminal and ethical violations. Giuliani who emphasized that “zero” money for Daniels came from the campaign seemed to fundamentally miscomprehend the law which is designed precisely to catch contributions coming from outside the campaign reporting system.  While doing little for the defense, it did create new questions about the failure to report the loan, the use of payments disguised as fees, and the obvious conflict with Cohen’s own recollection and statement — a point that Cohen himself made to the media.

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