Category: Media

Media, Politics

New Study Supports White House Claim On “Most Watched Inauguration”

inauguration_crowd_size_comparison_between_trump_2017_and_obama_2009After the inauguration, the White House was heavily criticized for President Trump’s repeated criticism of the media over how big of a crowd he attracted at his inauguration, particularly in comparison to the inaugurations of former President Obama.  As I stated at the time, I thought both Trump’s comments at the CIA and Sean Spicer’s first press conference were mistakes.  They lost the first 48 hour news cycle to a discuss about Trump’s perceived insecurities and factual assertions that were later challenged.  Newspapers have reported (with White House staff as sources) that Trump was alarmingly obsessed with the issue. It was a performance that even  stalwart supporters like Charles Krauthammer on Fox called “weird.”  Likewise, Fox News has described Spicer’s facts as “incorrect.” While it does appear that the crowd at the inauguration was smaller (which again I fail to see as a serious problem) and the figures released by Spicer on metro ridership were wrong, but the BBC is reporting  with other sources that Trump’s inauguration a study on live streaming sources that supports Spicer’s claim that the actual viewership was in fact the largest in history.

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Media, Politics, Uncategorized

The Great American Trademark: Trump Team Moves To Trademark Campaign Slogan

trump-pence_2016-svgIt appears that Keeping America Great requires keeping America from using such phrases as Keeping America Great.  The Trump legal team has moved to trademark the slogan “Keep America Great!” Previously an effort to trademark the very same phrase was denied by the U.S. Patent and Trademark Office.

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Academia, Free Speech, Media, Politics

GW Event On Candidates For The DNC Chair Leads To Controversy Over Racially Charged Comments

screen-shot-2017-01-24-at-8-47-02-am150px-GWUlogoThe event at my university for candidates for DNC Chair has caused a bit of a ruckus after various candidates lashed out at white consultants and white people in answering questions. The George Washington event was aired on C-Span and the most controversial comments came from the executive director of Idaho’s Democratic Party, Sally Boynton Brown.   I woke up this morning to find emails from GW students on some of the racially charged comments at the forum.  Brown said that white people working with the party had to be taught to “shut their mouths.”  Other candidates lashed out at “white consultants” as part of the systemic problem at the DNC.   The result is a debate on campus that only highlights the school and our wonderful location in Washington.

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Constitutional Law, Courts, Media, Religion, Society

SUPREME COURT TURNS DOWN SISTER WIVES PETITION

240px-sister_wives_tv_series_logoSupreme CourtI regret to report that a few minutes ago, the United States Supreme Court denied the petition for review filed in the “Sister Wives” case. The case is Brown v. Buhman, No. 14-4117. As lead counsel for the Browns, I was joined on the petition by co-counsel Thomas Huff and Adam Alba.  My prior assistants, including my current assistant Seth Tate, and law students worked countless hours into many late nights to maintain this litigation.  We are greatly in their debt for their pro bono work on this case.  The attorneys and law students who worked on this case came from different religions and held different values.  Many disagreed morally with plural families. However, we all believed strongly that every family has a fundamental right to follow their own faiths so long as they did not harm others.  We all believed that the Browns were denied those rights when they are singled out for public condemnation and criminal investigation due entirely to their public support for plural marriage.  It is particularly difficult to prevail on the merits in establishing constitutional violations only to be reversed on standing issues on appeal. However, our victory in Salt Lake City will remain as a cautionary decision for legislators who wish to marginalize or sanction this community in the future.

I also wanted to extend my deepest gratitude and respect to the Brown family which allowed us to represent them in this historic action.  The Browns remained steadfast in their commitment to equal rights and have become the voice for not just plural families but many families which do not meet the strict definition of monogamy practiced by the majority of citizens.  The Browns have kept their show and this litigation largely separate to allow the courts to fully consider the merits of our case without interference or aggrandizement.  They continue to have faith in our country and our legal system despite this decision.  More importantly, they have faith in the right of all families to enjoy the protections of our Constitution and will continue to fight to make that promise a reality for plural families throughout the country.

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Bizarre, Media, Politics, Society, Uncategorized

The Administration Holds First Press Conference With An Attack on Media Over Crowd Estimates

screen-shot-2017-01-22-at-7-06-26-amThe Trump Administration has a rocky kick off this week due to both things outside of its control and things of its own making. First there was the planned protests against the new President — demonstrations both on Inaugural Day and the next day that I criticized. Those were outside the control of the Administration. However, then there was a remarkably disappointing and lackluster Inaugural speech followed by a truly dreadful press conference. This was the first press conference for the Administration – a key moment for any new Administration. Instead of emphasizing the positive and taking control of the news cycle with strategic announcements, White House Press secretary Sean Spicer largely criticized the press and then made a series a highly dubious factual assertions about the size of Trump’s audience. It was a performance that even  stalwart supporters like Charles Krauthammer on Fox called “weird.”  Likewise, Fox News has described Spicer’s facts as “incorrect.” Most of us who have previously watched or covered Inaugurations thought that the crowd seemed smaller.  So what?  Tens of millions of people voted for Trump. That is the measure that counts.  Yet, Spicer went on the attack with some shaky assertions and guaranteed that this tempest in a teapot would be the focus of the next news cycle — and gave critics an opening to lambast the new president.  I have said this before that friends of this President need to call him out when his Administration goofs if they want this Administration to succeed.  This is one such moment and shows an early lack of discipline and message.

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Media, Politics

THE WOMEN’S MARCH AND AMERICA’S WAR OF THE ROSES

margaretanjourichard_iii_earliest_surviving_portraitAs I have previously discussed, my house is hosting over a dozen family and friends who have come from around the country to join the protests today as part of the “Women’s March” in Washington. We know at least a dozen more local friends attending. I will not be one of them as I explained earlier. I respected those marching today for values that mean so much to them . . . and to many of us.  There is obviously going to a sizable crowd — one that may dwarf the Inauguration attendance.  I did note that, when I dropped off my brother Chris and his family this morning, the metro in McLean seemed much more crowded than it did yesterday for the Inauguration. Having spent a few days with protesters and celebrants at the Inauguration, I am struck by how hardened both sides are toward each other . . . and dismissive of the operative facts underlying this election. Both sides seem unwilling to recognize the flaws in their past positions while grotesquely distorting their view of the other side. It reminds me of Richard III and the advice of the Queen Mother, Margaret, on how to learn to hate as she sought to “teach thee how to curse.” It is simple, she explains, just “Think that thy babes were sweeter than they were, And he that slew them fouler than he is.”

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Bizarre, Media, Politics

Did The Trump Team Really Want Tanks And Missile Launchers On Parade Before The White House?

2015_moscow_victory_day_parade_-_01donald_trump_president-elect_portrait_croppedAfter toasting President Trump and his Administration the best for a successful term of office, it did not take long to find my first criticism (about the same time as his predecessor). I was appalled to hear after the Inauguration that the Trump team wanted to have tanks and missile launchers added to the Inaugural parade like some homage to the North Korean “Dear One.” As someone who is an admitted die-hard traditionalist, I was truly shocked by the effort. I was in utter disbelief that the Trump team would want such an image — and a departure from our long-standing tradition. I still hope that this report is false because it would show a stunning lack of perspective and judgment. However, I have not been able to determine if the story is true. It appears based on one source and one site has pulled back from the initial story which appeared on Huffington Post and MSNBC. If this is a fake news story, I would like to see that confirmed and the culprits revealed. Either it is a shocking lack of judgment on the part of the Trump team in proposing the military display or the media in spreading this story. It is news either way. If false, I would have to hear soon from the Trump Administration. One learns in Washington that you have to stomp out false stories within the first 48 hour news cycle. We are past the cycle without a clear response from the Administration.

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Media, Politics

DONALD J. TRUMP — AMERICA’S 45TH PRESIDENT

donald_trump_president-elect_portrait_croppedAs I discussed in my column yesterday, I stayed at home today to watch the inauguration with my kids and to celebrate America’s 71st time that a democratically elected president has taken the oath of office (and our 58th formal inauguration). While my brother and family from Chicago went to the Mall to protest, we raised a toast to the country and the new president for the future. On this day, we celebrate a constitutional system that has weathered wars, depression, social unrest and every type of national crisis. Yet, it (and we) remain. There are many constitutions that are more poetic in language or detailed in powers, but none has the record of this amazing document. It is the common article of faith of a free people and today’s ceremony represented our commitment to a nation governed by a free people.

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Columns, Constitutional Law, Media, Politics, Society

WHY I WILL NOT BE JOINING THE PROTESTS AGAINST PRESIDENT DONALD TRUMP

donald_trump_president-elect_portrait_croppedBelow is today’s column in USA Today on the protests against President-Elect Donald Trump and why, despite having a house full of family members and friends who have come to protest Trump, I will not be joining them. Instead, I will be home with my kids as we have been in every inauguration – celebrating the peaceful transfer of power in our democracy and wishing the newly elected president (and our country) the best with an inaugural toast. I criticized Trump (and Hillary Clinton) during the campaign (and I will not hesitate to criticize Trump again for policies or actions that I disagree with). However, I find the claims of illegitimacy and attacks this week to be highly disturbing. I totally respect the right of people to come to protest Trump and his policies. However, there appears to be a concerted effort to delegitimize his presidency and create a type of political mythology about this election.

In this column I discuss that mythology and, more importantly, the meaning of the day of inauguration for many of us. Regardless of my criticism of both Trump and Clinton, I always knew that on January 20th I would raise a glass to the 45th President of the United States and wish him or her . . . and us . . . the best of luck in the coming years. It is a time when we reaffirm our commitment not so much to a politician but to each other. We reaffirm a common article of faith that, despite our disagreements and divisions, we remain one country joined by our belief in democratic transition and government. There is much to celebrate this week as a glance around the world at places like Gambia will readily confirm. Donald Trump will be the 45th President. Our President.
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Bizarre, Media, Politics

CNN Analyst Denounces Black Celebrities Meeting With Trump As “Mediocre Negros”
200px-Cnn.svgCNN analyst Marc Lamont Hill is under fire after attacking a fellow panelist on Monday for working with President-Elect Donald Trump as part of his National Diversity Coalition.  Hill referred to Bruce LeVell as a “mediocre Negro” being used by Trump.
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Media, Politics, Society

Polls Show Obama At A 58 Percent Popularity And Trump Down To 40 Percent
President_Barack_Obama495px-Donald_Trump_by_Gage_SkidmoreThere are an interesting set of polls out this week. President Barack Obama appears to be leaving office with one of the highest exiting polls of American presidents at 58 percent while President-elect Donald Trump has hit the lowest at 40 percent.  Polls change and Trump has already attacked the polls as rigged against him.  However, these polls can have a pronounced impact among members of the GOP who may be uncertain about the degree to which they will follow the lead of the White House on changes to taxes, immigration and other areas.  With a developing conflict over tax reform, the polls (whether accurate or not) could complicate problems for the new White House.
Academia, Free Speech, Media, Society

Protesters Succeed In Preventing Conservative Speakers From Appearing At The University of California At Davis

the_university_of_california_davis-svgWe have been discussing the largely successful efforts by students and faculty to prevent certain conservative speakers like Milo Yiannopoulos from being able to speak on campuses. The latest such example is University of California at Davis where protesters succeeded in preventing fellow students and faculty from hearing Yiannopoulos. There is one promising element to the story however. Unlike school administrators who have either supported or yielded to the “heckler’s veto,” Interim Chancellor Ralph Hexter denounced the effort to not only silence an opposing voice but to deny the right of others to hear that voice on campus. While the school professes “let there be light” on its seal, the school is now cloaked in a forced silence after the ignoble victory of protesters in curtailing the exercise of free speech.

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Bizarre, Constitutional Law, International, Media, Politics, Religion

Turkish Marriage Guide Encourages Beating Wives Who Do Not “Beautify” Themselves And Supports Marriage Of Girls As Young As 10

Flag of TurkeyWe have previously discussed the plight of women and girls subject to Sharia law and extreme Muslim traditions of marriage. The nightmare faced by many women was captured in a horrific guide being distributed by in Turkey by former religious affairs department employee Hasan Caliskan. The guide supports the beating of women who do not “beautify” themselves, supports the marriage of 10-year-old girls, and advances absurd notions like the danger of having a stuttering child if a woman talks during sex.

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Constitutional Law, Free Speech, Media, Politics, Society, Torts

New York Judge Dismisses Defamation Lawsuit Against Donald Trump

495px-Donald_Trump_by_Gage_SkidmoreTwitter LogoNew York State Supreme Court Judge Barbara Jaffe has dismissed the defamation case against against President-elect Donald Trump brought by political strategist and TV pundit Cheryl Jacobus. Trump slammed Jacobus during the campaign and said that she “begged him for a job” at one time. Jaffe, however, held that such tweets are manifestly opinion and not facts for the purposes of defamation law. It is perhaps fitting that the first major ruling related to Trump would be over the character of tweets. If upheld, this could be a major new rule. As if on cue, Trump make more headlines today in the wake of the decision on Twitter with a tweet attacking the intelligence agencies saying “Intelligence agencies should never have allowed this fake news to “leak” into the public. One last shot at me.Are we living in Nazi Germany?” That is clearly opinion and hyperbole but the scope of Jaffe’s decision certainly adds a layer of protection not just for Trump but other regular tweeters.

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Bizarre, Media, Politics

“I’m With You”: David Brock Pledges Allegiance To Sanders

images-1David Brock is nothing if not morally and politically flexible. He started as a conservative muckraker who was widely denounced for his unrelenting attacks on Hillary Clinton. He then announced a change of heart and became an attack dog for Hillary — becoming extremely wealthy as the head of shadowy Clinton PAC that investigated and attacked any Democrat or Republican who stood against her. In this election, Clinton was attacked for her association with Brock who was viewed as reaching a new level of sleazy and vicious work. You may recall Bernie Sanders denouncing Clinton for her continued alliance with Brock and use of his controversial PAC organizations. Sanders referred to Brock as simple “scum” but Clinton refused to denounce Brock or to discourage Democrats from working with or contributing to his PACs. As we discussed, it turns out that even Clinton aides were disgusted by Clinton’s refusal to cut off Brock or to denounce his work. In the latest batch of Wikileaks, Neera Tanden, the President of Center for American Progress, allegedly emailed John Podesta that “I hope Hillary truly understands now how batshit crazy David Brock is.”

Now Brock is ready for his next transformation. After leading attacks on Sanders, Brock has apologized in a public letter that he was wrong and now wants an alliance with Sanders as his attack dog. It brings to mind Sam Houston’s description of a contemporary of having “every quality of a dog except loyalty.” In a statement that is enough to force most politicians into a fetal position, Brock has written to Sanders to say “I’m with you.” The effort to play the Prodigal Son is likely to be lost on Sanders. After all the original Prodigal Son did not first try to kill the father, burn his farm to the ground and poison his livestock.

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