Category: Media

The Man From Rule X: The House Intelligence Chair Invokes Long-Overdue Power To Override Agencies On A Public Release

download-2Below is my column in the Hill newspaper on the move by the House Intelligence Committee to release the four-page memo on alleged FBI abuse.  The FBI has objected that “omissions” have made the memo “inaccurate.”  However, that does not sound like a classification defense. Indeed, a long-standing objection is that the intelligence agencies classify material that is embarrassing or damaging to the agency politically.  Since the memo reportedly deals with the use of the dossier for a FISA warrant, it would seem possible to draft a memo that did not compromise methods and sources.  We will soon likely know, according to reports that President Donald Trump has reviewed the document and decided to release it.  He is ultimately the final word on classification status in the Executive Branch.

Here is the column:

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Two Fans In New Zealand Are Sued Under New Law For Encouraging Singer Lorde Not To Do Israeli Concert

250px-Flag_of_New_Zealand.svg660px-flag_of_israelsvgWe recently discussed the striking down of one of the state laws barring contractors who support the boycotting of Israel.  In New Zealand, however, a similar law is in effect and a pro-Israel group is suing two people for simply encouraging pop singer Lorde not to hold a planned concert in Israel.  The lawsuit demonstrates the danger to free speech in these laws, which seeks to punish people for their political views, association, and speech.  As many on this blog know, I generally oppose any laws that curtail free speech and view the solution to bad speech to be better speech — not criminalized speech.  This has nothing to do the merits of the boycotts; only the means used to oppose such views.  I have not problem with fans or promoters suing Lorde over a cancelled concert if they lost money.  This goes to the right of people to boycott a country due to their personal or political views.

 

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Stormy Daniels Issues New Denial Of An Affair With Trump . . . Then Suggests The Signature Is A Forgery

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

The controversy surrounding porn star Stormy Daniels deepened yesterday.   Stephanie Clifford (AKA Stormy Daniels) was reported to have finally and clearly denied that she had an affair with President Donald Trump.  A statement was released under her signature with the help of counsel.  However, in her interview with late night host Jimmy Kimmel, she seemed to suggest that it was not her signature. The coy denials and suggestions of Daniels in interviews is getting quite old.  However, her interview left the impression that that someone faked her signature, a possible crime.  In addition, if she did not have an affair with Trump, she could be liable for defamation but there are some interesting legal twists.

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The State of The Union and the State Of American Politics Of Division

imagesPresident Donald Trump’s first State of the Union address covered a wide array of domestic and international issues. At eighty minutes, it was long of the longest such speeches.  Putting the policies aside, Trump’s delivery last night was one of his strongest. Indeed, while many have objected to the content, it was a much better delivery than his inauguration in my opinion.  CBS News is reporting that 75 percent of Americans watching approved of the speech.

However, most of us in the Beltway were watching the awkward tension between the members, including the absence of boycotting members and at least one incident of loud booing from the Democratic members.  Rep. Luis Gutierrez was shown walking out as members chanting “USA, USA.” (He later remarked  “Whoever translated it for him from Russian did a good job.”) Minority Leader Nancy Pelosi led most Democrats out of the door immediately after the President finished and most Democrats did not applaud for most of the speech.  I have been previously critical of a Republican member protesting during the State of the Union\ and a serious breach of tradition by Associate Justice Sam Alito.

Here is my column in the Hill newspaper on the controversy.

 

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CNN: McCabe’s Abrupt Departure May Be Tied To Internal Investigation Findings

McCabeThe early departure of FBI Deputy Director Andrew McCabe has led to a spasm of speculation and criticism ranging from Comey’s warning of the destruction of  FBI knuckling under President Donald Trump to overwrought analogies to the rise of Hitler by one CNN commentator.  However, there are indications that McCabe may have been shown the door by FBI Director Chris Wray and even told that he faced demotion in light of an internal investigation.  Notably, on the eve of this disclosure a story was leaked that detailed the conversation between McCabe and Trump where Trump taunts McCabe about his wife being a political “loser.”  If true, the comments were shocking and distasteful but the emergence of these conflicting accounts show the intense struggle in Washington to control the narrative following McCabe taking leave pending his retirement. There have also been allegations of leaks by McCabe as both sides seeks to frame this controversy.

 

What is also notable is the continued leaks from Trump’s inner circle.  A new report describes Trump having a “tirade” on Air Force One because a top Justice Department official objected to the release of the four-page memo.  The content and speed of his leak is clearly meant to damage Trump and has to be coming from within his close staff — a recurring problem.  The motivation behind these leaks is an interesting question. It is not clear if it is meant to simply damage or somehow to deter the President .

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Is Clinton’s Message To “Activist Bit**es” Part Of A Trend Among Politicians On The Use Of Crude Language?

Screen Shot 2018-01-27 at 2.10.56 PM 1For many, the recent video of Hillary Clinton thanking “activist bitches supporting bitches” was a cringe-worthy moment as Clinton continues to struggle to be accepted as a leader (or even a plausible member of) the “resistance.”  What is curious is that there seems to be a conscious decision in the Democratic ranks to become more profane.  DNC Chair Tom Perez has clearly used profanity as a way of connecting with the younger generation.  As people on this blog are aware, I am admittedly a bit old-fashioned about crude language used publicly by public figures and politicians.  I find it truly off-putting but I recognize that the rising generation does not share that inclination.  Indeed, there is a new book calling for the use of more profanity.

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Report: Trump Asked McCabe About Who He Voted For While Sessions Recently Pushed Wray To Fire Him [Updated]

donald_trump_president-elect_portrait_croppedMcCabeSeveral sources are being cited for a story this morning that President Donald Trump asked Andrew McCabe, then the acting Director of Federal Bureau of Investigation, who he had voted for in the presidential election.  If true, it would be another highly inappropriate question for a president to ask an FBI official.  Such questions undermine the apolitical status of our law enforcement officials. Indeed, for those concerned about
“Deep State” political bias, the last thing that we want is for officials to be actively questioned about their voting in elections — compromising the sanctity of the voting booth for all citizens.  In the meantime, media outlets are also reporting that Attorney General Jeff Sessions pushed FBI Director Christopher Wray to fire McCabe.  While the White House denies that Wray threatened to resign, such an effort would show a remarkably long learning curve for this Administration. Update: President Trump says that he does not recall asking McCabe who he voted for in the presidential election.

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Common Cause Files Two Complaints Charging That Trump’s $130,000 Payout To Porn Star Violated Federal Law

download-2The watchdog group Common Cause on filed a complaint on Monday with the Federal Election Commission and the Justice Department alleging that Donald Trump violated federal law with his secret payment of $130,000 to a porn star known as Stormy Daniels.   Daniels gave a long interview to In Touch magazine detailing a yearlong affair with Trump but later accepted the money and signed a statement denying such a sexual relationship.  Common Cause argues that the payment was “an unreported in-kind contribution to Donald J. Trump for President, Inc., and an unreported expenditure by the committee — because the funds were paid for the purpose of influencing the 2016 president general election — in violation of the campaign finance reporting requirements.”

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Stormy Interview: Magazine Defies Trump Lawyer’s Threat Of A Libel Lawsuit and Publishes Full Interview With Alleged Mistress

The personal lawyer of President Donald Trump, Michael Cohen, reportedly threatened to sue a tabloid magazine if it published an interview with the former adult film star Stormy Daniels in 2011.  Daniels told In Touch that she had an affair with Trump that started shortly after Melania Trump gave birth to her son Barron.  The threat appeared to work and the story never ran.  During the presidential campaign, Cohen used a fake name and shell company to give $130,000 to the porn star to deny any sexual relationship.  The publication sets up an interesting legal question of whether Trump will sue as threatened and how this might play out under the standard set out in New York Times v. Sullivan.  You have a porn star who does have two clearly opposing statements on the affairs as the main source for the article. However, a lawsuit would present risks that few lawyers would consider worth taking in a legal action.

 

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Comey To Teach Course On “Ethical Leadership”

440px-Comey-FBI-PortraitThere remains an intense debate over the legal and ethical implications of former FBI Director James Comey removing FBI memos and leaking the information to the press.  Despite serious allegations of unethical conduct, Comey has been chosen to teach a course on “ethical leadership” at William and Mary in the Fall.

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Happy Anniversary To Washington’s “Least Untruthful” Witness: Clapper To Avoid Perjury Prosecution In March

220px-James_R._Clapper_official_portraitBelow is an expanded version of my column that ran in USA Today on the approaching expiration of the statute of limitations for prosecuting former National Intelligence Director James Clapper for perjury.  This is a city that protects its own and Clapper is the Beltway equivalent of a made man.  People like Clapper do not get prosecuted.  We do not call them criminal; just complicated.

Here is the column:

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Harvard Professor: Hillary Clinton Could Still Be President

Hillary_Clinton_Testimony_to_House_Select_Committee_on_BenghaziLawrence Lessig, the Roy L. Furman professor of law and leadership at Harvard Law School, offered hope recently for those still in denial over the 2017 presidential election.  Lessig, seriously, argued in Newsweek that it is not too late.  Hillary Clinton could still be president if things break in the right way. It would only require the removal of both Trump and Pence as well as a cooperation and resignation of a President Speaker Paul Ryan.  That is all it would take to make for those who believe that there is no price too great to get the Clintons back into power.  Even Lessig’s Rube Goldberg machine of presidential succession.

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Trump and The Wall Street Journal Release Conflicting Transcripts of Controversial Interview

donald_trump_president-elect_portrait_croppeddownload-4President Donald Trump and the Wall Street Journal are in an open conflict over what was said in a meeting between the President and editors.  It was reported to the shock (and ridicule) of many that Trump said that he has a great relationship with Kim Jong Un of North Korea. The White House went public and said that the President clearly said the “I’d have a very good relationship” and not “I have a very good relationship” with the dictator.  The White House disputed that President Donald Trump told The Wall Street Journal in an interview Thursday that “I probably have a very good relationship with Kim Jong Un of North Korea,” saying that Mr. Trump had instead said “I’d probably have a very good relationship” with the North Korean leader. Notably, this was not a denial based on “misspeaking” but a direct denial.  Trump then pushed it further with a tweet.    Unlike the controversy over the denied use of the word “shithole” in the Oval Office (where Trump said he might have to start recording such meetings), he did record this interview.  Now the Wall Street Journal has released the tape and it sounds like the editors were correctly recounting the President’s words (though it is close). I have now listened repeatedly and initially supported the WSJ, but now I am not quite as confident.  Trump’s position seems more consistent with the context and he might have swallowed the “did” a bit in “I’d.” The recording is below.

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“This is the Netherlands, You Have To Answer Questions”: Hoekstra Hit Another Hurdle As Ambassador

Screen Shot 2018-01-11 at 10.21.41 PM.png Former Republican Congressman Peter Hoekstra had a rocky reception as the new ambassador to the Netherlands when reporters raised a false statement that he made in 2015 when he said “the Islamic movement has now gotten to a point where they have put Europe into chaos. Chaos in the Netherlands, there are cars being burnt, there are politicians that are being burnt. And yes, there are no-go zones in the Netherlands.”  When confronted by the reporters that no such chaos occurred, Hoekstra denied making the statement.  He insisted “I didn’t say that. That is actually an incorrect statement. We would call it fake news. I never said that … it’s not what I said.”  The reporter then played the tape and Hoekstra stumbled with “I didn’t call that fake news. I didn’t use the words today. I don’t think I did.” If Hoekstra thought that that would be the end of it, he was mistaken. This week he held his first press conference and was in for a rude awakening.

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Res ipsa loquitur – The thing itself speaks