Category: Media

Controversial Polish Holocaust Denial Law Takes On Its First Media Target

Child_survivors_of_AuschwitzI recently criticized the new Polish law criminalizing any statements attributing the genocide of Jews to Polish forces or actions. The legislature approved a bill making it a crime to use statements suggesting Poland bears responsibility for crimes against humanity committed by Nazi Germany.  You could receive up to three years in prison for calling Auschwitz-Birkenau a “Polish death camp.”  USNews is reporting that the first target of this abusive law has now been announced: the Argentine Pagina 12 daily.  The newspaper was accused of breaching a new law by suggesting that Poland was complicit in the Holocaust.

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Le Pen Faces New Criminal Charges For Sending Pictures of ISIS Abuses On Twitter

libertyWe have been discussing  the rollback of free speech in France where writers and speakers are now routinely prosecuted for what would be protected political or religious speech in the United States, including the recent conviction of Robert Menard, mayor of Beziers and a top adviser to Menard was found guilty of inciting hatred against Muslims for complaining about the increasing numbers of Muslim children in French schools.  Now Le Pen is again being charged herself.  She has been accused of the “distribution of violent images” for sending out  tweets depicting ISIS propaganda and violence. It is again an example of France’s denial of free speech and particularly political speech.  Regardless of how one feels about Le Pen’s views, these were core political expressions.

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The Dog That Didn’t Bark: Collusion Remains An Implausible But Irresistible Conspiracy Theory

Silv-06Below is my column in the Hill newspaper on my view of the current evidence of collusion in the Russian investigation.  I wrote the column to explain my skepticism over these oft-stated theories.  President Donald Trump included my view in a quote in the Trump tweet which triggered something of a torrent of irate emails.  He did not misrepresent my views.  As explained below, I still do not see the compelling evidence for such a claim.  As discussed yesterday, that is obviously not the view of CNN Legal Analyst and former White House ethics attorney Norm Eisen who declared that the case for collusion is now “devastating” and that Trump is “colluding in plain sight.”  The column is an effort to actually bring some legal content to this debate.   There have been countless hours of broadcast “analysis” but very little of the actual cited evidence and how it could fit with any criminal provision or even credible definitions of collusion.

Here is the column:

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CNN Legal Analyst: Trump “Colluding In Plain Sight” and Criminal Case Is Now “Devastating”

Norman-Eisen-1200x1500I just posted a column detailing why I am “skeptical” of collusion theories against President Donald Trump, a view that the President recently tweeted.  CNN Legal Analyst and former White House ethics attorney Norm Eisen responded yesterday to my quote in the Trump tweet with his own analysis that the criminal case for collusion is now “devastating” and that Trump is “colluding in plain sight.”  His evidence? Trump’s failure to respond sufficiently to Russian attacks.  It does not seem to factor into Eisen’s analysis that the government is responding on various levels, imposed some sanctions, and that the specific means used to combat the Russians is a discretionary policy question that balances a wide array of technical, legal, and diplomatic factors.  Nevertheless, Eisen assured the public that the criminal case is now devastating.

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Judge Once Maligned By Trump As A “Hater” Rules In Favor Of Border Wall

Gonzalo_CurielDuring the campaign, President Donald Trump was roundly criticized for his comments about the ethnicity of a judge who was presiding in a case involving his now defunct Trump University.  He argued that, because of the Mexican heritage of U.S. District Judge Gonzalo Curiel (who was actually born in Indiana), the judge was biased against him and referred to him as a “hater.”  That “hater” however just handed down a major 101-page ruling in favor of Trump’s signature policy: the wall with Mexico.  President Trump did not mention the controversy in his tweet praising the decision.

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Can You Hear Me Now? Reporters Accuse Michael Wolf Of Faking Audio Problems To Avoid Question

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Screenshot/ The Today Show via Twitter

Michael Wolff, the author of “Fire and Fury: Inside the Trump White House” , is under fire this week after being accused of faking audio problems and then walking off a set of the Australian Today morning show on Sunday.  Journalists were suspicious that Wolff was having no difficulty with his audio until he was asked about his conflicting statements on whether President Donald Trump is currently having an affair.  After Wolff left, the show publicly stated that there was nothing wrong with Wolff’s audio.

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CNN Accuses Florida Student Cited By President As Lying About Scripted Question

200px-Cnn.svgColton Haab, a survivor of last week’s mass shooting at Marjory Stoneman Douglas High School in Parkland, Fla., has appeared on national television to voice his allegation that CNN tried to get him to read a scripted question at the network’s recent Town Hall event with survivors and leading politicians.  The allegation led President Donald Trump to tweet that CNN had been caught in an act of “fake news.” Now however CNN has posted the original email and accused Haab of “doctoring” the emails and lying about its exchange with its producer.  If CNN is doctoring the emails (which is unlikely), Haab could sue for defamation.  However, the network says that critical language was removed by Haab or his family.

 

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Did Mueller Withhold Evidence From Michael Flynn?

440px-Michael_T_FlynnThe court order for Special Counsel Robert Mueller to share exculpatory evidence with former National Security Adviser Michael Flynn has raised intriguing questions about whether evidence might have been withheld from Flynn before his plea deal.  As I stated on air, I do not believe that the issuance of this order by Judge Sullivan should be assumed as evidence of any second thoughts by Flynn. As I state in my column below in The Hill newspaper, I do not see a real option for Flynn in trying to undo his plea deal. However, the disclosure of the evidence could raise questions for Flynn.

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Even Without Collusion, Serious Threats Remain For Trump In The Russian Investigation

440px-Director_Robert_S._Mueller-_III-1donald_trump_president-elect_portrait_croppedBelow is my column in USA Today looking at the array of threats still present for the Trump White House even if collusion fades as part of the Russian investigation.  There still could be evidence discovered or disclosed on collusion. However, after multiple indictments, pleas, and a year of investigation, we have not yet seen any credible criminal allegations linked to collusion.  As many on the blog know, I have long been skeptical about the real likelihood of a criminal case based on collusion or obstruction against President Donald Trump. However, even if collusion does recede as a threat, there remain significant areas of risk for the President.

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Singular Demotion: Trump Tells Citizens “Ask Jeff Session!”

jeff_sessions_official_portraitYou know you are on the outs with the President when he not only unleashes an army of citizen trolls on you, but demotes you from plural to singular.   President Trump posted another controversial tweet this morning in asking why he is being investigated but not his predecessor or the Democrats. He tells supporters to Just “Ask Jeff Session.”  Attorney General Sessions appears to still be the persona non grata and, if anything, diminishing by the day.

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Former Breitbart Spokesperson: Trump’s Lack Of Response To The Russians Is An Impeachable Offense

donald_trump_president-elect_portrait_croppedI have previously written about the endless calls for impeachment from Democratic members for everything from Trump criticizing NFL players to comments made about protesters to his reference to “shithole countries.”   The Framers saw the great abuses caused not only by tyranny of nobility, but tyranny of the majority. They sought to insulate our government from the transient impulses of politics. The danger has been repeatedly shown by members who see virtually any act or comment by Donald Trump as a case for impeachment. It is a trend toward what I have called “the no-confidence impeachment” option and it is not only an abuse of our constitutional standard but a dangerous trend for this country.   The latest grounds for impeachment was stated by former Breitbart spokesperson Kurt Bardella who was also spokesperson for Rep. Darrell Issa, Rep. Brian Bilbray and Senator Olympia Snowe.  It appears that the failure to take additional actions or “accept” the fact of Russian interference is now grounds for impeachment and removal from office.  His article appears in USA Today entitled President Trump’s Russia Denialism Is Grounds For Impeachment.  (For full disclosure, I also write for USA Today).

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Russian Indictments Are Long On Chicanery and Short On Collusion

fa0f116753ca535f6304144908b8b67e--russian-posters-propaganda-artBelow is my column in The Hill newspaper on the implications of the Special Counsel indictment of 13 Russians and the express statements of the Special Counsel and the Deputy Attorney General that there is no evidence of any American knowingly working with these Russians.  This indictment addresses the core of Russian hacking and misinformation campaigns by the Russian government.  The admission of no evidence of collusion is notable and significant. As I mentioned in the column, that does not mean that the investigation will not go forward, including pursuit of any collusion between the Russian and the Trump campaign. However, after a year and multiple pleas, none of the indictments have established the alleged nexus between the Trump campaign and the Russians.

There still remain a number of potential threats for the White House from new collusion evidence to financial-related crimes to new allegations stemming from the alleged payoff of former lovers.  However, while Rep. Adam Schiff is still insisting that there is ample evidence of collusion and obstruction, the core (and original) allegation against Trump has moved little in terms of real evidence (at least evidence made public).  Moreover, the evidence of the Russian campaign shows that it began in 2014 before Trump ran for president.  It seemed to target the presumed victor: Hillary Clinton. However, when Trump ran, it targeted Trump.  Both anti-Clinton and anti-Trump rallies were ultimately organized by the Russians to spread division. It was a curious effort since the country was already quite divided and the Russian-led protests paled in comparison to the massive anti-Trump rallies like the Women’s March or the continual protests over Hillary Clinton.  The most serious problem was not the trolling or the organizing but the hacking.

 

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“Very Sad”: Trump Suggests That FBI Might Have Prevented Florida Massacre If It Wasn’t So Busy Looking For Russian Collusion

downloaddonald_trump_president-elect_portrait_croppedPresident Donald Trump late Saturday night issued another highly controversial and frankly unfair tweet targeting the FBI.  Trump suggested that the FBI might have prevented the massacre atMarjory Douglas Stoneman High School in Parkland, Florida if they weren’t “spending too much time trying to prove Russian collusion with the Trump campaign.”  It is obviously a false association since the local and national offices dealing with such school threats are entirely removed by the Russian investigation. Indeed, the entire structure of the Special Counsel operation is designed to set it apart from Main Justice and other investigations.  The tweet is being condemned as politicizing the massacre as students are still being mourned and buried.  This includes some very angry responses from the surviving students.

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Does Trump Have an Edwards/Clinton Problem?

220px-john_edwards_official_senate_photo_portraitdonald_trump_president-elect_portrait_cropped225px-Bill_ClintonBelow is my column in the Hill newspaper on the implications of the scandals involving two women who have claimed affairs with President Donald Trump in prior years.  There are real risks here for the White House which has been issuing categorical denials.  Some of the greatest threats to a presidency come from the outer edges. That was the legacy of Bill Clinton whose adultery led to public dishonesty and ultimately perjury.

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Stormy Daniels Declares Settlement With Trump To Be Void And Promises A Full Account Of The Alleged Affair With Trump

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© Glenn Francis, http://www.PacificProDigital.com

images-2I recently discussed the highly problematic statement of Michael Cohen, the personal lawyer for President Donald Trump, that he paid off porn star Stormy Daniels (aka Stephanie Clifford) out of his personal funds. This admission did not necessary end the controversy over possible campaign finance violations but did add some thorny ethical questions.  One of the possible costs was to void the 2016 agreement itself. Both sides reportedly agreed not to speak publicly about the details of the agreement, but Cohen has now done so in media interviews. In response, Daniels is declaring herself free of any limitations and promising to tell her full story. There is also a story that Daniels has a dress that might have forensic evidence linking her to Trump (sound familiar?). She is reportedly shopping her story.  What a mess.  This is the result of a combination of bad lawyering, publicity seeking, and what appears strikingly dishonest public statements.  Non-disclosure agreements are tricky things since the parties will often dance around a breach in the hopes that the other party will trip the wire in response.

The danger for Trump is that Cohen, as previously described, has left him open to an allegation similar to the one that resulted in criminal charges against John Edwards — the use of a third party to conceal an affair as a circumvention of campaign finance laws.  Mueller could conceivably ask about such payments as a possible crime — putting Trump in the same position as Bill Clinton.

 

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