Category: Media

Columns, Criminal law, Lawyering, Media, Politics, Society

In the Wake Of Stormy Daniels: Trump Must Face A Credible Threat From An Incredible Character

donald_trump_president-elect_portrait_croppedBelow is my column in The Hill Newspaper on the potential legal fallout from the Stormy Daniels interview on CBS 60 Minutes.  Notably, yesterday the White House again expressly denied not just the “allegations” but specifically the allegation that President Donald Trump had a sexual tryst with the porn star.  That direct denial is precisely what I have warned against in this and other columns.  While the Daniels matter is not currently on the table with the Special Counsel, the worsening situation only reinforces why I believe Trump should close the deal on a sit down on the four prior subject matters lead out by Robert Mueller.  Notably, my repeatedly stated view that Trump should sever any ties with his radioactive personal counsel Michael Cohen does not appear likely since Trump just arranged a dinner with Cohen at Mar-a-Lago.  

Here is the column:

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Congress, Constitutional Law, Media, Politics, Society

Democratic Attorneys General To Challenge Addition of Citizenship Question On U.S. Census

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Media, Politics

Report: Trump Met With Michael Cohen Night Before Stormy Daniels Interview

440px-Official_Portrait_of_President_Donald_TrumpI recently wrote a column that argued that President Donald Trump would be wise to accept the offer (and reported parameters) for a sit down with Special Counsel Bob Mueller. In addition, I argued for another obvious and long overdue action: severing any and all ties with his personal counsel Michael Cohen.  Cohen’s reckless and ham-handed lawyering has seriously undermined Trump’s position and he could very well find his bar license in jeopardy due to his prior actions.  Despite Cohen’s radioactive reputation and worsening legal position, Trump decided that the night before the 60 Minutes interview with Stormy Daniels was a good time to have dinner with Cohen at Mar-O-Lago.  It was a baffling decision when any competent lawyer would be insulating Trump from Cohen.

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Academia, Constitutional Law, Criminal law, Free Speech, International, Media, Politics, Religion

Turkish President Erdogan Calls For Anti-War Students “Terrorists” In Latest Crackdown On Free Speech

Recep_Tayyip_Erdogan_2017Turkish President Recep Tayyip Erdogan has expanded his destruction of civil liberties and secular government with a new call for the arrest of students opposing war as “terrorists.”  Erdogan was not content with arresting or firing thousands of intellectuals in Turkish schools. He now wants to arrest free-thinking students — leaving Turkish colleges occupied by government-approved faculty stooges and government-controlled students.  He has also barred the teaching of various subjects including evolution.  Erdogan’s ire was directed at students at Bogazici University. I had the pleasure of speaking at Bogazici University years ago and it was considered one of the finest academic institutions in the World.  The university attracted the top students in the country and it is little surprise that Erdogan and his religious parties would view the students as a threat.

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

Mr. President, Take The Mueller Deal

Below is my column in The Hill newspaper on the reported proposal that President Donald Trump sit down with Special Counsel Robert Mueller to address four specific areas of inquiry.  Those areas just happen to be the ones where Trump has the strongest and most obvious defenses.  If the deal is that this would be a one-time sit down (and any later issues would be addressed in written interrogatories), it is a deal that would be hard to pass up. It is not without considerable risks of course, particularly for any false statement allegations. However, if the President were ready to be properly prepped and listens to counsel, he could thread this needle.  It would also avoid a fight over a subpoena.  While the law on the question is hardly settled, Mueller could win such a court fight and force Trump into an interview.  Both the political and constitutional costs of such a fight should be avoided.

Here is the column:

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Columns, Criminal law, Lawyering, Media, Politics

With The Departure Of John Dowd, Trump’s Legal Team And Strategy Could Be In Flux

160px-Official_Portrait_of_President_Donald_Trump_(cropped)Below is my column in the Hill newspaper on the changes to the Trump legal team, including the departure of John Dowd who was the lead counsel in dealing with the Special Counsel investigation.  While it is still not clear what role Joe diGenova will play, there is concern that Trump is considering a more combative approach.  Adding more lawyers does not necessarily translate to strengthening a case. Indeed, if you add lawyers used to being lead counsels, the result can be confusion and conflicts in getting them to work together. What Trump needs is greater control and continuity as he enters the most risky stage of the Special Counsel investigation.

Here is the column:

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Criminal law, Justice, Lawyering, Media, Politics

“Confused and Distracted”: McCabe Uses Flynn Defense Against False Statement Allegation

McCabeFormer FBI deputy director Andrew McCabe penned an op-ed for The Washington Post to contest the allegation of his “lack of candor” with federal investigators.  I have been writing (here and here and here) on the contrast between the treatment of McCabe and former national security adviser Michael Flynn.  McCabe has been erroneously portrayed as “losing his pension” but has not been charged.  Flynn was charged and accepted a plea deal under 18 U.S.C. 1001 for making a false statement to investigators.  Now McCabe is raising virtually the same defense that did not work for Flynn: that there was a lot going on and he was “confused and distracted.”

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Columns, Courts, Media, Politics, Society

Bad Cases (and Bad Lawyers) Can Make For Bad Law

Below is my column in USA Today on the recent ruling against President Donald Trump in a civil lawsuit where his counsel sought dismissal on constitutional grounds.  It was a weak argument that made bad precedent for the Office of the President.  With yet another change in his legal team, Trump needs to focus on continuity among his legal team.  More lawyers does not necessarily translate to a stronger case. Indeed, it can undermine a case when lawyers are advancing conflicting or reckless arguments.

Here is the column:

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Justice, Lawyering, Media, Politics

“By The Book”: Wray Pushes Back Suggestions That Andrew McCabe Was Forced Out For Political Reasons

440px-Chris_Wray_official_photoWhile various networks have advanced narratives of former FBI Deputy Director Andrew McCabe being fired as part of a Trump bloodlust, FBI Director Christopher Wray weighed in this week to say that he acted without any political influence.  Wray, who has been widely credited as being completely independent and apolitical, supported the view that McCabe was fired for true cause.  Wray pushed McCabe out after reportedly reading the conclusions of the Inspector General’s report.

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Bizarre, Criminal law, Media, Politics

White House Staffer Leaks That Trump Ignored Written Warning “DO NOT CONGRATULATE” Putin On His Reelection

440px-Official_Portrait_of_President_Donald_Trump225px-Vladimir_Putin_official_portraitPresident Donald Trump is under intense fire for congratulating Russian President Vladimir Putin on his election — an election widely denounced as a sham.  Putting aside the propriety of an American President congratulating an authoritarian figure (who is accused of interfering with his own election), the most notable element in the story was a leak that said Trump’s national security staff not only warned him not congratulate Putin but included in his briefing materials in all-capital letters the warning “DO NOT CONGRATULATE.” The speed of the leak is astonishing even by the measure of the Trump Administration. It appears that the leaks may have occurred within minutes of the call.   Chief of Staff Kelly is reportedly irate with the leak and for good reason.

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Bizarre, Courts, Criminal law, Lawyering, Media, Society

“I’m A F***king Judge”: New Jersey Judge Found Passed Out On Side Of Road and Later Found To Be Legally Drunk . . . But Charges Thrown Out

gavel2Municipal Judge Wilfredo Benitez is at the center of a controversy after he reportedly shouted profanities and cited his judicial position after being found passed out by the side of a road.  Benitez was later found to be intoxicated.  However, his charges were later thrown out by another judge.

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Congress, Courts, Criminal law, Justice, Lawyering, Media, Politics, Society

THE EXQUISITE CORPSE: HOW ANDREW MCCABE IS NOW PART OF THE BODY POLITIC

McCabeAt the turn of the last century, surrealists had a parlor game in Paris called “The Exquisite Corpse” where writers would create collective stories by writing lines without knowing what preceded them. The lines were often nonsensical like the line that gave the game its name: “Le cadavre exquis boira le vin nouveau. ” (“The exquisite corpse shall drink the new wine.”) With minutes of his firing, former FBI Deputy Director Andrew McCabe became such an exquisite corpse with various politicians adding lines to his story that seemed entirely disconnected to his story. Former FBI Director James Comey used McCabe to pitch his upcoming book while former Attorney General Eric Holder used him to effectively attack career staff at his former agency. The point of the game in both politics and literature is not to advance a coherent narrative but insert your own lines into a collective story.

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Columns, Constitutional Law, Criminal law, Lawyering, Media, Politics, Society

Trump Drew A Red Line For Mueller; Mueller Just Crossed It

440px-Director_Robert_S._Mueller-_IIIdonald_trump_president-elect_portrait_croppedBelow is my column in The Hill newspaper on the issuance of a subpoena to the Trump organization for records pertinent to Trump business dealings in Russia.  President Trump previously responded to a question of whether such inquiries into his business dealings would be a “red line” by saying that it would.  Whether it is a red line or a “Rubicon,” Mueller seems to have crossed it.  Of course, the Trump Organization has been asked for information previously and it is cooperating. However, this is a direct demand for business records.  In the best case scenario, this could be a clean up subpoena to guarantee that all available documents have been reviewed.  Then again it might be a new front in the investigation.  Notably, this weekend, President Trump and his counsel ramped up their criticism of the investigation — criticism that I continue to view as unwise and inappropriate.

Here is the column:

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Lawyering, Media

Trump Counsel Dowd, Again, Under Fire For Controversial Public Statements

donald_trump_president-elect_portrait_croppedI have previously discussed the blunders of the Trump legal team and how they have undermined their client, including missteps by counsel John Dowd.  (here and here and here).  This weekend saw yet another Dowd statement and retraction on a subject of immense importance to his client.  Dowd is quoted as calling for the termination of the Mueller investigation in the name of President Trump. After an outcry and reported contradiction from the White House, Dowd insisted that he was speaking just for himself.

 

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