Category: Media

Trump’s Attorney Files To Silence Daniels and Force $20 Million In Damages

160px-Official_Portrait_of_President_Donald_Trump_(cropped)President Trump’s personal attorney Michael Cohen has moved to claim at least $20 million in damages from porn star Stormy Daniels. Cohen is alleging at least 20 violations.  With the recent allegations of physical threats and post-election actions, the political costs to this strategy is likely to continue to rise.  Notably, Cohen is not simply pursuing damages through his limited liability corporation Essential Consultants.  An attorney for Trump is now directly calling for Daniels to be forced into arbitration  . . . and silence.

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RES IPSA HITS 34,000,000

Audience_Frontier_FiestaWe just hit another milestone today with over 34,000,000 views. We are also recently passed 40,000 followers on Twitter.  We remain the “little engine that could” among blogs with a growing collection of people who are seeking a place for civil but passionate discourse on legal and policy issues  of our time (and perhaps a few wacky stories).  We often use these milestones to look at the current profile of the blog and its supporters around the world.

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House Intelligence Committee Member Accuses Former CIA Director Clapper Of Leaking Classified Information

Jim_Jordan_official_photo,_114th_Congress220px-James_R._Clapper_official_portraitHouse Intelligence Committee member Rep. Jim Jordan (R-Ohio) leveled a serious allegation at former Director of National Intelligence James Clapper.  Jordan alleged that Jordan leaked classified information about the Trump-Russia investigation to CNN.  Clapper later became a CNN contributor.  I recently wrote a column about how Clapper ran out a statute of limitations for allegedly lying in testimony to Congress.

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Penn Law Professor Removed From First-Year Classes After Controversial Statements

downloadThere is a major controversy unfolding at Penn Law School.  Professor Amy Wax has been removed from first-year courses after making controversial comments about the performance of black students at the school.  Regardless of the merits of Wax’s comments, the action raises serious questions over academic freedom and free speech.  We have been discussing controversies over academics being punished for controversial views including two recent cases involving the use of the “n-word” in classes on offensive speech at DePaul and Princeton.

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The Ultimate Loser In The Stormy Daniels Saga Could Prove To Be Trump’s Lawyer

donald_trump_president-elect_portrait_croppedBelow is my column in USA Today on the expanding litigation over the Stormy Daniels controversy and specifically the precarious ethical position for Trump’s longtime counsel, Michael Cohen.  One interest development was the move by Daniels’ counsel (and my former research assistant) Michael Avenatti to get a new judge in the Daniels case.  Avenatti argued that it was inappropriate for the case to be heard by Los Angeles Superior Court Judge Elizabeth Feffer because she is seeking a federal judgeship from President Trump.  The move was surprisingly successful and the case was transferred to Judge Howard Halm.  Like Feffer, Halm was appointed by former California Gov. Arnold Schwarzenegger (R).

Here is the column:

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Trump Org Lawyer Tied To Effort To Gag Stormy Daniels In Arbitration Proceedings

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Ex-Nobel Secretary Admits Obama’s Prize Was A Mistake

Nobel_PrizePresident_Barack_ObamaLike many people, I was highly critical of the awarding of the Nobel Award to President Barack Obama in 2009 before he had done anything as president.  Now the ex-Secretary for the Nobel Prize Geir Lundestad has admitted that Obama did not deserve the prize but rather they thought the award would strengthen Obama.  It is a maddening admission that the committee bypassed a list of worthy candidates with proven contributions to humanity to give a boost to someone that the Committee simply liked. That would seem grossly unethical but Lundestad merely acknowledged that it did not seem to work.

 

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Warren: I Will Not Take A DNA Test

official-portraitWe have been following the controversy over the claim of Native American ancestry by Sen. Elizabeth Warren and the continued criticism from President Donald Trump who continues mock her as “Pocahontas”. Recently, we discussed Warren’s surprise speech doubling down on her claim and whether Warren would simply take a DNA test to put the matter to rest.  The suggestion was echoed by the media in Massachusetts like the Berkshire Eagle  For $100, the question is why let the matter simmer. Warren answered that question this weekend and the answer is no.

 

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Prominent Egyptian Television Host Arrested For Disrespecting The Police

441px-Coat_of_arms_of_Egypt_(Official).svgThe rollback on civil liberties and press freedoms continues in Egypt where our close ally is arresting journalists for insulting the government or police.  Now even pro-government media figures are being arrested.  The arrest of prominent television host Khairy Ramadan is an example of how, once censorship and the criminalization of speech starts, the appetite for speech control becomes insatiable.

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Report: McGahn Refused To Issue Statement Denying Trump’s Desire To Fire Mueller

160px-Official_Portrait_of_President_Donald_Trump_(cropped)Yesterday, there was a troubling story in the New York Times that President Donald Trump had two conversations with witnesses in the Mueller investigation about matters touching on their statements to investigators. Both former Chief of Staff Reince Priebus and White House CounselDonald F. McGahn II reportedly were the subjects of inquiries by Trump that raised concerns over witness tampering and, in McGahn’s case, eliciting a false public statement. As I explained this morning on MSNBC’s Morning Joe program, I do not view the accounts as establishing witness tampering violations but the conversations were clearly inappropriate and ill-advised. Moreover, they can be legitimately pursued by the Special Counsel and fit a narrative that is being advanced by critics. The failure to respect legal and ethical boundaries has been a constant and continuing problem for this White House. Nevertheless, there is an obvious defense to such charges and, as I explained on MSNBC, people are again ignoring the actual criminal elements to this offense. Putting that aside, there should be concern that this is yet another tripped wire that should have been avoided.

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If Andrew McCabe Lied, Could He Be Charged Like Michael Flynn?

McCabeBelow is my column in The Hill newspaper on the reported determination of the Inspector General that former Acting FBI Director Andrew McCabe misled investigators about a leak to the media. There may be a question of consistency in criminally charging Michael Flynn for the same alleged act.  People continue to spin this issue by noting (as the piece states) that Flynn agreed to this false statement crime as part of a plea bargain with more serious potential crimes. However, that misses the point. Prosecutors are required to apply the criminal code evenly. They are not allowed the luxury of a criminal charge that can be easily applied to a wide array of people at their discretion.  It makes it very difficult for people to contest a criminal charge when prosecutors can simply criminalize any inaccurate or misleading statement while ignoring the same conduct in others.  It is particularly concerning when the favorable parties are fellow prosecutors or government officials.  My argument is not that we should have more false statement charges. Rather, there has long been a problem in the use of this provision which has been applied in an arbitrary manner.

Here is the column:

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Conway Found In Violation Of The Hatch Act By Special Counsel

Screen Shot 2017-11-26 at 10.09.44 PM.pngWe previously discussed the complaint filed by Walter Shaub, the former director of the Office of Government Ethics against White House Counselor Kellyanne Conway for violating the Hatch Act.  At the time, I discussed my view that the statements of Conway concerning the special Senate election in Alabama were clear violations of the Act.  The new report by OSC special counsel, Henry Kerner found two violations in Conway’s making highly political statements in her “official capacity” in November and December of last year in supporting Alabama candidate Roy Moore. Kerner, a Trump appointee, in a letter to President Donald Trump, called on President Trump to take “appropriate disciplinary action.”  However, the White House issued an almost immediate dismissal of the findings.  That was a mistake in my view.  The President can justify not firing Conway but, particularly for an Administration fighting what it considers politicized actions in the Executive Branch, the President should reaffirm the need to comply with the Hatch Act, Some have criticized the act, but it remains federal law.

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Sam Nunberg and Last Night’s NASCAR Press Pileup [Updated]

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It was another breathless bombshell evening last night as media proclaimed that a “Former Trump Aide” said that he believed Trump “may very well have done something during the election with the Russians.” CNN carried a series of bizarre interviews with Sam Nunberg who was refusing to comply with a subpoena from Special Counsel Robert Mueller to produce documents and appear before a grand jury. Nunberg spouted off a series of accusations against Carter Page and others that were immediately picked up as potential confirmation of collusion. However, each CNN interviews made it more and more clear that the network had a virtual freak on a leash. Soon Nunberg denounced Sarah Huckabee Sanders as a “fat slob” and telling her to shut her “big fat mouth.” Nunberg was clearly neither credible nor under control but he drove the coverage for hours as a former aide supporting Russian collusion theories. It was part of our new media: NASCAR journalism where media rushes figures like Nunberg in front of cameras and viewers watch for the inevitable crash. Update: Nunberg now is saying that he will cooperate after all.

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Turley To Speak At National Archives

democracys-messengers-image.pngOn Tuesday, March 6, at noon, I will have the pleasure of speaking as part of the screening of Democracy’s Messengers: The Never-Before-Told Story of Young Americans on Capitol Hill at the National Archives.   Narrated by Cokie Roberts, the film Democracy’s Messengers tells the story our page system.  I was a House page in 1978-79 and eventually served as a House Leadership Page.  I will be part of a panel discussing our experiences ij the program.  Register to attend online. You can also watch the program live streamed on the National Archives YouTube channel.

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Beware Of Politicians Promising An “Honest” Internet: New Bills Targeting Russians May Bag Free Speech

800px-Capitol_Building_Full_ViewBelow is my column in USA Today on the legislation proposed to combat Russian trolling and Internet campaigns.  There is a serious threat to free speech in these measures, which mirror efforts from (ironically) countries like Russia and China.  The serious threat is not a handful of Russians playing on our deep divisions, but rather the hacking operations and attempt to interfere with voting systems.

Here is the column:

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