Category: Media

The Trump Verdict: Why Bad Cases Can Make Bad Law

With the exception of one vote on one article of impeachment (by Sen. Mitt Romney), the acquittal of President Donald Trump went as predicted with a party-line vote. Notably, however, the vast majority of senators, including a significant number of Republican senators, expressly rejected the core defense offered by Professor Alan Dershowitz in their statements –rejecting the position that impeachable offenses must be based on criminal allegations and does not include allegations of abuse of power. What we did not see, as discussed in this column in The Washington Post, was a bipartisan rejection of Article II.

Here is the column:

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French Teenager Forces Free Speech Debate Over Her Calling Islam A “Religion Of Hate”

We have previously discussed the alarming rollback on free speech rights in the West, particularly in France (here and here and here and here and here and here and here). A teenager has sparked a national debate about blasphemy in France after an Instagram post calling Islam a “religion of hate”. Indeed, France has emerged as one of the greatest threats to free speech in the West and we continue to face calls for European-style speech crimes, including calls by its President on the floor of the House of Representatives. Now a teenager in France has triggered a debate over its plunge into speech crimes and regulation after characterizing Islam as “a religion of hate.” She can now be criminally investigated for hate speech under the notorious French speech law.

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“You Do Not Know What You’re Talking About”: Biden Blows Up At NBC Reporter For Raising Hunter Biden

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We have repeatedly discussed the bizarre claim of former Vice President Joe Biden that “no one has suggested my son has anything wrong.” Biden has lashed out at media for raising the dubious business dealings of his son during his tenure as vice president. That weird pathology of denial continued in an interview with Savannah Guthrie where he became clearly angry over the raising of this continuing controversy. Biden seems to expect the mainstream media to only ask such questions about the Trump family.

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Sanders Co-Chair Denounces Bloomberg As An “Oligarch . . . Buying His Way Into This Race” [Updated]

We recently discussed how the Democratic establishment seems to be ramping up a campaign to block Sanders (as it did in 2016), including a plan to derail him at the convention. With Hillary Clinton, John Kerry, and DNC figures openly organizing against Sanders, the question is whether such a strategy, if successful, would alienate Sanders’ supporters in picking someone like Michael Bloomberg as an establishment choice. A remarkable exchange with Bernie Sanders’ national campaign co-chair Nina Turner last night on MSNBC may give a glimpse at such a future — and there is reason for the DNC and the Democratic establishment to be worried.

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How The House Lost The Witnesses Along With The Impeachment

Below is my column in The Hill newspaper on the continued effort to ignore the obvious and catastrophic decision of the House leadership to rush the impeachment vote by Christmas rather than complete the record against President Donald Trump. This denial continues despite the fact that, after saying that they had no time to seek witnesses or favorable court orders, the House leadership then waited a month before released the articles of impeachment. Clearly, the record would have been stronger if the House waited and sought to compel witnesses. It also would have kept control of the record and the case. I encouraged them to vote in March or April, which would have given them plenty of time to secure additional testimony and certainly a number of favorable court orders. However, recognizing this obvious blunder would take away from the narrative that the case failed only because the Republicans were protecting Trump in the Senate.

Here is the column:

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NBC: Kerry Discussed Entering Presidential Race With Billionaire’s Backing To Block Sanders

There is a bizarre conflict between NBC and former Secretary of State John Kerry after an unnamed NBC analyst reported overhearing a phone call in which Kerry discussed entering the presidential race to avoid “the possibility of Bernie Sanders taking down the Democratic Party — down whole.” What is most interesting is Kerry’s alleged details, including how donors like venture capitalist Doug Hickey would have to “raise a couple of million” to help him block Sanders. Kerry’s comments are part of an increasingly open effort by the Democratic National Committee and the Democratic establishment to guarantee that Sanders will wins the nomination. Kerry later denied that he was contemplating a run and said that “any report otherwise is f**king (or categorically) false. It sounds a lot like “I was against entering the race before I was for it.

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Gerhardt: The Entire White House Defense Team Will Face Bar Charges

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There have been suggestions that the White House defense team could be brought up on bar charges for their arguments in the Senate. I have previously written that such statements by Speaker Nancy Pelosi and others are vindictive and ill-informed. The White House team were effective advocates for their clients and we do not disbar lawyers for making arguments or defending individuals that we do not like. I was surprised and disappointed therefore that my fellow witness from the Trump impeachment hearing, North Carolina Law Professor and CNN Legal Analyst Michael Gerhardt joined this dubious argument on CNN yesterday. The call for ethics charges seems dangerously close to the view of Lawrence O’Donnell that Trump defenders are barred from his MSNBC program because they are all “liars.”

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The Supers Are Back: DNC Members Planning Move To Block Sanders . . . Again

In 2016, many of us objected to the concerted effect of the Democratic establishment and the Democratic National Committee to rig the primary for Hillary Clinton. Later it was revealed that the Clintons have largely taken over the DNC by taking over its debt and the DNC openly harassed and hampered Sanders at every stage. Despite this effort, Sanders came close to beating Clinton, who has never forgiven him for contesting a primary that she literally bought and paid for with the DNC. The simmering rage was still evident recently in Clinton’s attack on Sanders and suggestion that she might not support him if he were the nominee (a suggestion that she later took back). She continued her attacks this week and it has served to remind voters, particularly younger voters, of the DNC interference with the primary election. After the scandal, the DNC pledged to reform itself and reduce the power of establishment figures and superdelegates at the convention. Now, however, Politico is reporting that DNC members are again discussing changing the rules to stop Sanders. This follows the selection of Clinton allies to control the convention and a shocking level of anti-Sanders bias shown by CNN at the last debate. In the meantime, the DNC has been criticized for clearing the way for Michael Bloomberg by changing its rules to help him make the debates.

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Gabbard Blocked By CNN From Town Hall Events Despite Greater Support Than Invited Candidates

As the DNC deals with a report that there is an effort by some members to work to block Sanders at the national convention, presidential candidate Rep. Tulsi Gabbard (D., Hawaii) is also facing a concerted effort by the Democratic establishment to cut her off from voters. In a particularly chilling ratcheting up of the anti-Gabbard rhetoric in October, CNN analyst Bakari Sellers called her a Russian puppet — an accusation the mirrors the allegation by Hillary Clinton that she is an actual Russian asset. The Hill has an article on the controversy that notes that CNN invites other candidates with less support in polls and has refused to respond to queries on why she is being locked out. This follows the shockingly biased questions targeting Bernie Sanders by CNN reporter Abby Phillips.

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Former CNN Anchor Denounces Buttigieg’s Reference To The “American Heartland” As Racist

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On the campaign trail, Mayor Pete Buttigieg (like Nancy Klobucher and other presidential candidates) has emphasized his ties to the “American Heartland.” The Midwest has long been viewed as an area known for moderate and common sense politics. However, a recent reference by Buttigieg to his roots in the “American Heartland” has led former CNN anchor Soledad O’Brien to denounce his words as a racist “dog whistle.”

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Was The Bolton Leak Too Perfect? The Senate Grapples With The First Perry Mason Moment Of A Presidential Impeachment

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Below is my column in the Washington Post on the still unfolding drama surrounding the leaked contents of the book by former National Security Adviser John Bolton.

Here is the column:

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Tribe: The Choice is Now Between Witnesses and Dictatorship

While I disagreed with Harvard Professor Alan Dershowitz on this theory of impeachment, I recently praised his presentation in the Senate as a cogent and well-constructed case for the defense. Clearly, his colleague Harvard Professor Laurence Tribe does not share my view. He denounced Dershowitz’s argument as “remarkably absurd and extreme and dangerous.” In this presentation, Dershowitz defended his own switch on the issue of the prerequisite of criminality for impeachment by noting that Tribe had also switched his view. Tribe went further to declare that the choice was now between witnesses and “dictatorship.” Even as someone who favors witnesses, I fail to see the imminent danger of dictatorship on the issue. Indeed, I understand the reluctance over witnesses aside from any desire to protect Trump. I believe senators have a legitimate interest in not creating precedent allowing the House to impeachment on such a slipshod and incomplete record. That is why I proposed an alternative solution.

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Trump Attacks Fox News For Interviewing Democrats

Recently, I criticized Lawrence O’Donnell for proudly proclaiming that MSNBC would not invite Trump defenders on the network because they are liars. O’Donnell’s comment brought a rare joining of voices from across the political spectrum denouncing the knowing bias in such statements. Once again, however, President Donald Trump has supplanted the story with his own equally objectionable statement. On Tuesday, he attacked Fox News for interviewing Democrats like Sen. Chris Van Hollen and declared “this will be the beginning of the end for Fox.” If so, it would mean the end of journalism since Fox News was merely offering both sides of these stories in interviewing one of the senators who will be voting in the upcoming trial.

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The Yawn and the Relentless: Viewers Choose Day Time Soaps Over The Impeachment Trial

         In the 1960s, many of the Senators heard the anti-war slogan of “what if they held a war and nobody came?” This week, they finally learned the answer . . . at least in holding an impeachment.  Senators have expressed surprise at the empty seats in the Senate gallery.  Sen. James Inhofe (R-Okla.) said he was “really surprised . . .  because this is kind of historic.”  It is but the members are increasingly making history alone. Not only are spectators sparse, but the television audience has been declining to the point that, by the second day, the networks quickly switched over to shows in greater demand like The Young and The Restless.  Nielson rating showed that the soaps were twice as popular as the trial.

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Trump’s Spiritual Adviser Calls For “Satanic Pregnancies To Miscarry Right Now”

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We have previously discussed President Donald Trump’s personal spiritual adviser, Paula White, and her bizarre sermons denouncing the ‘demonic networks” and stating that Christians who vote against Trump will be called to account before God. She is back in the news with a sermon that calls for opposing the marine and animal kingdoms as well as commanding “any satanic pregnancies to miscarry right now.” President Trump has not only embraced White as a spiritual counselor but made her the head of his Faith and Opportunity Initiative

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