Category: Media

Columns, Congress, Criminal law, Media, Politics

The Biden Scandal In Three Barks: Why The Most Telling Elements May Be What We Were Not Told

Below is my earlier column on the Biden controversy and the notable omission of three responses that one would have expected in the days following the disclosure in the New York Post. As I have said repeatedly, the timing and manner in which this information came to the public is highly suspicious and could well be the work of foreign intelligence. Even Rudy Giuliani now puts the chances that he worked with a Russian agent at “50-50.”  However, that would still leave the question of whether the underlying emails are authentic. The Clinton emails were hacked by the Russians but they were also true.  These emails show clear influence peddling, if they are authentic. Instead of addressing the specific emails or even denying their authenticity, figures like Rep. Adam Schiff simply dismissed the story as a Russian hit job.  For his part, Joe Biden dismissed reporters asking him about the emails as participating in a smear campaign.  There are legitimate questions about how this information was produced (questions that the FBI is reportedly investigating). However, there are also legitimate questions about the content of some of these emails and what they say about an alleged influence peddling scheme related to a presidential candidate.

Here is the column: Continue reading “The Biden Scandal In Three Barks: Why The Most Telling Elements May Be What We Were Not Told” →

Media, Politics, Society

Government Agencies Should Stop Using Facebook And Twitter

By Darren Smith, Weekend Contributor.

Twitter LogoFacebook LogoThe below is a reprint of an article I authored four years ago concerning the hazard government agencies face in their reliance on censorship wielding organizations such as Facebook and Twitter to disseminate official information to the public. While it offers a quick, cheap, and easy way to offer news to the public, the price demanded in terms of arbitrary third-party rules, ownership of information, public records keeping liability, and reliance on a platform that could remove individual or all postings without prior notice is a risk the public should not be expected to bear.

There are extant messaging protocols that are not dependent upon third-party proprietary services. These include methods such as RSS Feeds, list based e-Mail servers to push information in addition, and standard web pages. Each more than adequately can fulfill the needs of the informed public. But as long as social media companies act as arbitrary and capricious gatekeepers to official information that information is at risk.

It really is also a matter of controlling the integrity of the information. Governments and agencies are opening themselves up to failure and censorship by taking the easy way out and not deploying these technologies in-house. If either of these supposedly “too big to fail” social media platforms suddenly collapsed (either financially or technologically) it would cause an immediate breakdown of a messaging system spanning governments globally. It can be one of the worst forms of single-point failure imaginable. Yet if each agency or government maintained their own system, if one individual server broke down the damage would be rather benign.

The most immediate problem before us presently is the proclivity to censor by social media outfits which might be at odds with legislation or rulemaking relating to public records and news announcements by government.  It is not a duty of the social media companies to edit or formulate this information.

Here is the article:

Continue reading “Government Agencies Should Stop Using Facebook And Twitter” →

Bizarre, Media, Politics

Biden Slams CBS Reporter For Asking About The Hunter Biden Scandal

For years, many of us have criticized President Donald Trump for his attacks on the media when they asked him about controversies involving him or his family.  The media however has been largely silent as Democratic leaders have ratcheted up attacks on any journalists who question their positions. That was evident recently when Speaker Nancy Pelosi bizarrely attacked CNN anchor Wolf Blitzer as an apologist for the Trump Administration simply because he pressed her on blocking the stimulus package. Other liberals attacked Blitzer after the interview.  Now Joe Biden slammed the first network reporter who asked for a response to the unfolding scandal involving his son Hunter Biden. In emails found on the laptop, Joe Biden is named in communications with foreign figures seeking influence over U.S. policy. Biden refused to comment and then disparaged CBS News reporter Bo Erickson for even asking him the question. Continue reading “Biden Slams CBS Reporter For Asking About The Hunter Biden Scandal” →

Congress, Constitutional Law, Lawyering, Media

No, Barrett Should Not Recuse Herself From Any Election Challenge

Minority Leaders Chuck Schumer and various commentators have called for Amy Coney Barrett to recuse herself from any decision on the 2020 general election. There is no reason for such a recusal, which would be unprecedented in these circumstances.  Moreover, it would establish a dangerous precedent of nominees securing their positions by promising results or positions if confirmed by the Senate. Continue reading “No, Barrett Should Not Recuse Herself From Any Election Challenge” →

Academia, Free Speech, Media, Politics, Society

Texas Professor Triggers Free Speech Fight After Calling For The Death Of All Police By Strangulation with the “Intestines of the Last Capitalist”

Midwestern State University in Texas Professor Nathan Jun has triggered a free speech fight in Texas after a series of unhinged, hateful statements on social media. Wearing an Antifa teeshirt on social media, Jun has lashed out at police, capitalists, and politicians.  His views are extreme and offensive. They are also, in my view, entirely protected. Much like the banning of Louis Farrakhan discussed yesterday, Jun is the test of our true commitment to free speech. By supporting this right to speak, we support the right of everyone, including the vast majority who view Jun’s comments as deeply unsettling and obnoxious. Continue reading “Texas Professor Triggers Free Speech Fight After Calling For The Death Of All Police By Strangulation with the “Intestines of the Last Capitalist”” →

Free Speech, Media

Res Ipsa Hits 45,000,000

crowd vj dayThis morning, we passed the 45,000,000 mark in views on the blog. The blog continues to grow with new regular commenters and a growing international readership. The continued growth is due primarily to our loyal readers who return every day to discuss contemporary legal, political, and occasionally bizarre stories. We have used these moments to give thanks for our many regular readers around the world and give you an idea of the current profile of readers on the blog. We continue to rank with the top legal blogs in the world. As always, I want to offer special thanks for Darren Smith who has continued to help manage the blog and help out folks who encounter posting problems.

So here is our current profile:

Continue reading “Res Ipsa Hits 45,000,000” →

Congress, Media, Politics

“A Means Of Distracting The Public”: Brennan Briefed Obama On Clinton “Plan” To Tie Trump To Russia

Director of National Intelligence John Ratcliffe on Tuesday declassified notes of former CIA Director John Brennan showing that he briefed former President Obama on Hillary Clinton’s alleged “plan” to tie then-candidate Donald Trump to Russia as “a means of distracting the public from her use of a private email server.” My interest in this story is not simply the serious underlying allegation but the lack of coverage by major networks or media outlets. This was clearly released at this time for political purposes, but that does not make it a non-story. We have often discussed concerns over the active effort by many in the media to downplay stories that would either help President Donald Trump or hurt the Democrats in the upcoming elections. This would seem such a case. Whether this is true or a complete fabrication, it should be major news. In the meantime, the responses from Clinton allies have not addressed the substance of the document and have simply dismissed the entire story as groundless.

Continue reading ““A Means Of Distracting The Public”: Brennan Briefed Obama On Clinton “Plan” To Tie Trump To Russia” →

Bizarre, Media, Politics

Fear Itself: Trump and His Critics Hit A Feverish Pitch After Release From Walter Reed

Many believe that Franklin Delano Roosevelt’s greatest single line came in his 1933 inaugural address when he declared that “the only thing we have to fear is fear itself.” Fear is a precursor to panic and FDR gave the country hope.  President Trump has repeatedly said that he wants to maintain the same positive attitude but it was hardly a FDR moment yesterday when Trump told citizens “Don’t be afraid of Covid. Don’t let it dominate your life.” Many of us have denounced the statement as absolutely reckless for a president to make in the middle of a pandemic. At the same time, Trump critics have denounced the President while engaging in utter hysteria over the President’s release. Yesterday, for example, Washington Post columnist and MSNBC commentator Jennifer Rubin appeared to become utterly unglued over the release and tweeted that his doctor should be stripped of his license and Walter Reed “defunded.” Continue reading “Fear Itself: Trump and His Critics Hit A Feverish Pitch After Release From Walter Reed” →

Congress, Constitutional Law, Courts, Lawyering, Media, Politics, Society, Supreme Court

Biden Pledges To Make “Roe The Law Of The Land” If Overturned By The Supreme Court

Last night’s NBC’s town hall in Miami with former Vice President Joe Biden was panned, to quote Politico’s Marc Caputo, as another “Biden Informercial” that protected the candidate from both tough questions and skeptical voters. There was not a single question on Biden refusing to answer whether he supports packing the Supreme Court, a move supported by his running mate Kamala Harris and various top Democrats in this election.  However, Biden did make one notable comment about the Court and nominee Amy Coney Barrett.  He said that, if Barrett helped reverse Roe v. Wade, he would make “Roe the law of the land.” Continue reading “Biden Pledges To Make “Roe The Law Of The Land” If Overturned By The Supreme Court” →

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

Ginsburg’s Nightmare: The Democratic Plan To Destroy The Supreme Court Of The United States

Below is my column in The Hill newspaper on the call for a litmus test for Supreme Court nominees and the packing of the Supreme Court with up to six new members to secure a majority.  Both ideas were expressly denounced by Ruth Bader Ginsburg. Indeed, to achieve these objectives, the Democratic members will have to tear down the very rule established by Ginsburg in her confirmation hearing. Continue reading “Ginsburg’s Nightmare: The Democratic Plan To Destroy The Supreme Court Of The United States” →

Congress, Constitutional Law, Criminal law, Media, Politics, Society

McCabe: I Will Not Testify Out of Fear For My Health … Even Remotely

Former FBI Deputy Director (and CNN contributor) Andrew McCabe has long said that he was willing to answer questions under oath about his controversial actions in the Russian investigation. He was scheduled to do so on Tuesday, but he now has refused — citing the infection of three senators with Covid-19.  However, McCabe also refuses to testify remotely as did both former FBI Director James Comey and former Deputy Attorney General Sally Yates.  He simply says that “fairness” dictates that he not testify at all. The basis for his refusal to appear remotely is utterly and almost comically absurd.

Continue reading “McCabe: I Will Not Testify Out of Fear For My Health … Even Remotely” →

Bizarre, Media, Politics

Trump Critics Fuel Internet Conspiracy Theories Surrounding The President’s Illness

The Internet is raging with conspiracy theories this weekend on how President Donald Trump may be faking his illness or using his Covid-19 treatment for some hidden dark purpose. MSNBC host Joy Reid drew criticism for passing along postings on how Trump may be lying about his illness to “get out of the debates.”  On CNN, Gov. Gretchen Whitmer agreed with host Erin Burnett that even Vice President Pence may be lying in simply saying that morning that the President and First Lady were doing well while convalescing in the White House.  Michael Moore warned the public that this all may be a massive lie orchestrated by Trump. Continue reading “Trump Critics Fuel Internet Conspiracy Theories Surrounding The President’s Illness” →

Free Speech, Media, Politics

New York Times Publishes Column By “Beijing’s Enforcer” In Hong Kong Despite Apologizing For Cotton Column

The New York Times on Thursday published an opinion column by Regina Ip, the Hong Kong official widely denounced as “Beijing’s enforcer.” Ip declared “Hong Kong is part of China” and dismissed the protesters fighting for freedom in their city.  I have no objection to the publishing of the column. Ip is a major figure in Hong Kong and, despite her support for authoritarian rule and crushing dissent, there is a value to having such views as part of the public debate. Rather, my concern is that the New York Times was denounced by many of us for its  cringing apology after publishing a column by Sen. Tom Cotton (R, Ark.). and promising not to publish future such columns. So it will not publish a column from a Republican senator on protests in the United States but it will publish columns from one of the Chinese leaders crushing protests for freedom in Hong Kong.

Continue reading “New York Times Publishes Column By “Beijing’s Enforcer” In Hong Kong Despite Apologizing For Cotton Column” →

Bizarre, Media, Politics, Society

“Talk About A War On Christmas!”: CNN Thrills With Airing Of Secret Taping of First Lady

Years ago, American politics left all notion of decency behind in our age of rage.  That was evident when the media and liberals celebrated the disgraceful conduct of Maryanne Trump betraying her aunt’s confidence in secretly recording her talking about her brother.  The same people reveled in the unethical conduct of former Trump attorney Michael Cohen who not only secretly recorded his client, President Donald Trump, but has been violating any notion of confidentiality in pushing his own tell all book. Now, CNN’s Anderson Cooper has been reduced to shilling for Stephanie Winston Wolkoff, the former assistant and friend of Melania Trump who secretly recorded their confidential chats and is now selling a book by playing embarrassing snip bits. Continue reading ““Talk About A War On Christmas!”: CNN Thrills With Airing Of Secret Taping of First Lady” →