Category: Media

Sessions and the Deep State Defense: Trump’s Emerging Defense Against Obstruction Claims

jeff_sessions_official_portraitBelow is my column in USA Today on one of the lines of inquiry by Special Counsel Robert Mueller: the stated desire of President Donald Trump to fire Attorney General Jeff Sessions and his poor public criticism of the Attorney General for recusing. That inquiry has become more damaging with recent disclosures of an effort by Trump to convince or coerce Sessions to reverse his decision to recuse himself.  Despite renewed calls for obstruction charges or impeachment counts, there is a clear defense emerging for Trump based on recent comments.  Indeed, it may be the only viable defense that accepts these facts while rejecting the claim of criminal obstruction (other than the untested claim that Trump is effectively immune from such a charge).

Here is the column:

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Sessions And How No Good Deed Goes Unpunished In Washington

jeff_sessions_official_portraitBelow is my column in The Hill newspaper on the continuing attacks on Attorney General Jeff Sessions.  There is obviously an effort to push Sessions into resigning while laying the groundwork for firing him if he is still around after the completion of the Mueller report.  Sessions on the other hand is standing firm, a position that is clearly encouraged by career officers at Justice who view the threats as undermining the integrity of the department.

Here is the column: Continue reading “Sessions And How No Good Deed Goes Unpunished In Washington”

Lindsey Graham Demands Explanation Of Rosenstein’s Failure To Recuse

Graham-080106-18270- 0035Rod_Rosenstein_Official_DAG_PortraitThe recent disclosure of a memo from former acting FBI Director Andrew McCabe on a conversation with Deputy Attorney General Rod Rosenstein on an alleged “cover story” demanded by President Donald Trump for his memo on the firing of McCabe’s boss James Comey:  I have already said that the memo may shed more light on the mindset of McCabe than Trump.  It is most likely that Trump was asking (as he did with everyone of these individuals) for a statement that he was not a target of the Russian investigation. That is not a cover story.  However, the memo does raise the question of why Rosenstein has not recused himself.  In August 2017 , I wrote a column calling for Rosenstein to recuse himself.    This memo only highlights that obvious need.

Now, Sen. Lindsey Graham, R-S.C., is demanding to know why Rosenstein is not in an obvious conflict of interest.

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“What I’m Going To Do To You Is Going To Be F–ing Disgusting”: Michael Cohen In His Own Voice

The_Daily_Beast_logoI have been a long critic of President Donald Trump’s personal attorney Michael Cohen for over a year for his thuggish and often incompetent practice of law.  He has matched his lack of legal skills with an abundance of greed, including blatant efforts to sell access to Trump to foreigners and private companies.  Now people can listen to Cohen in his own voice as he performed his signature function for Trump: threatening a reporter for the Daily Beast and his acquaintances with ruin if he ran a negative story about a 1993 Trump biography.

Continue reading ““What I’m Going To Do To You Is Going To Be F–ing Disgusting”: Michael Cohen In His Own Voice”

“[Jesus] Wouldn’t Be Riding A Donkey”: Televangelist Calls On Followers To Buy Him A Fourth Private Jet For $54 Million

Screen Shot 2018-05-29 at 8.41.04 PM.pngWe have previously discussed the divine logic used by televangelists to justify their use of private luxury jets. Louisiana televangelist Jesse Duplantis, 68, not only believes that God wants him to have a jet but a fourth jet . . . and for the faithful to pay for it. Continue reading ““[Jesus] Wouldn’t Be Riding A Donkey”: Televangelist Calls On Followers To Buy Him A Fourth Private Jet For $54 Million”

GWU Sued For Refusing Appeal In Sexual Assault Case Despite Allegations of False Testimony

150px-gwulogoGeorge Washington University is embroiled in a federal challenge against its handling of a case by one of our students accused of sexual assault.  The case raises troubling questions of the school’s actions following the disclosure of alleged false statements by an accuser.  Many years ago, I wrote a letter to the GW faculty objecting to changes in our rules governing the investigation and adjudication of sexual harassment and assault cases.  Like many universities during the Obama Administration, GW was reducing protections for students accused of such misconduct under pressure from the Department of Education (here and here),  Now, a “John Doe” has raised some of those very concerns in the alleged refusal of the school to allow an appeal in his case following the discovery of potentially exculpatory evidence. Continue reading “GWU Sued For Refusing Appeal In Sexual Assault Case Despite Allegations of False Testimony”

Tweetstorm: How A Couple Of Trump Tweets Unleashed A Torrent Of Rage-Filled Messages

220px-The_ScreamIt is a familiar pattern.  It has happened before.  Around 10am on Memorial Day, my iPhone can be vibrating with email signals as I was driving one of my children and her friends.  Soon they were coming in fast succession and then I knew:  The President has tweeted out a quote.  The two tweets were followed by a torrent of threats, insults, and profane suggestions involving physical acts that would have been challenging in my teens.  In today’s rage-filled environment, the mere fact that Trump quotes you unleashes a tsunami of anger. It seems cathartic for people who cannot tolerate the slightest hint of agreement with Trump. The same is often true on the opposite end of the political spectrum if you challenge or question a position of Trump.

What is interesting is that people who seek out your email almost uniformly do not take the time to actually read your comments.  Yet, what is most disturbing is not the endless cranks but the coverage by news sites that show the same lack of interest in the actual comments or even the tweets themselves.

Continue reading “Tweetstorm: How A Couple Of Trump Tweets Unleashed A Torrent Of Rage-Filled Messages”

No, NFL Players Do Not Have A Constitutional Right To Protest During The National Anthem

The_Star-Spangled_Banner_-_Project_Gutenberg_eText_21566Below is my column in The Hill newspaper on the calls for a constitutional challenge to the new NFL policy against protests during the National Anthem.  While many have  claimed that the policy violates free speech rights of the players, there is actually little support for such a challenge under constitutional law.  The best shot might be procedural in nature in arguing that the collective bargaining agreement requires conferral on such rules with the players. Putting aside the strong defenses to this claim, it would likely only require consultation and not a change in the ultimate policy.

Here is the column: Continue reading “No, NFL Players Do Not Have A Constitutional Right To Protest During The National Anthem”

Cohen Met With Russian Oligarch At Trump Tower and Is Widely Accused Of Selling Access To Trump . . . But Remains A Likable Fellow

Screen Shot 2018-05-27 at 10.38.06 AM.pngTrump lead counsel Rudolph W. Giuliani continues to struggle in media appearances this weekend with a jumbled and confusing interview.  Notably, while expressing his dislike for those who sell access, Giuliani was clear on one point: he likes and respects Michael Cohen.  The continued public support for Cohen may reflect a desire to keep him from becoming a cooperating witness, but the professions of respect for Cohen are becoming increasingly incongruous with disclosures of how Cohen shamelessly (and successfully) sought to sell access to Trump to foreign figures and various companies like AT&T.   The latest example is a payment of $580,000 from a company associated with Russian oligarch Viktor Vekselberg.  Cohen met with Vekselberg at Trump Tower during the transition period.

Continue reading “Cohen Met With Russian Oligarch At Trump Tower and Is Widely Accused Of Selling Access To Trump . . . But Remains A Likable Fellow”

“They Are Almost All Legal Clients”: The Curious Defense of Squire Patton Boggs Over The Cohen Contract

Squire_Patton_Boggs_logoA new article out in Politico explores the disastrous decision of Squire Patton Boggs to bring in Michael Cohen in a blatant scheme to sell access to the President.  Edward Newberry, one of the top lobbyists for Squire Patton Boggs, is described as one of the critical players in taking on a lawyer who was already viewed as one of the sleaziest and unethical lawyers in the country. Indeed, the article describes how some members of the struggling firm noted that he could well end up as the next Jack Abramoff, who went to jail for a long pattern of grotesque corruption.  What was most interesting however about Theordoric Meyer’s piece however was the defense by the firm spokesperson, Angelo Kakolyris, in the article on the five clients that Cohen brought the firm under his bloated deal: “they are almost all legal clients.” “Almost all”?  In reality, Kakolyris was making a finer point, I assume, that the small number of clients were legal not lobbying matters.  However, it is an unfortunate choice of words for dealings with a man who seems to be spinning off criminal allegations the way hurricanes spin off tornados.

 

Continue reading ““They Are Almost All Legal Clients”: The Curious Defense of Squire Patton Boggs Over The Cohen Contract”

Controversy Erupts With The Intervention Of The President’s Counsel Before Two Highly Classified Briefings

350px-US-WhiteHouse-Logo.svgEmmet Flood, the latest lawyer added to the White House as part of its defense to the Russian investigation, was meant to bring experience and order to the chaotic legal team around President Donald Trump.  However, his first public move can only be described as a blunder of the first order.  Flood went to yesterday’s much discussed briefing to speak with members of Congress. Two highly classified briefings were scheduled to discuss the use of informants by the FBI in its investigation of Trump campaign associates.  It was precisely the type of thoughtless act that has baffled many of us for months.  Little would be achieved by Flood briefly addressing the members but, in appearing, Flood undermined the integrity and stated purpose of the meeting.  He created the impression that the briefing was first and foremost about the defense of the President personally.  In doing so, he undermined the entire exercise with virtually nothing to gain from his attending the meeting.  None of this was criminal or unethical. The concern is that it shows a continued failure to mind critical lines of separation as well as a dumbfounding lack of judgment.

Continue reading “Controversy Erupts With The Intervention Of The President’s Counsel Before Two Highly Classified Briefings”

New York Attorney Under Fire After Video Of His Threatening To Call ICE On Spanish Speakers In Restaurant

 

download-2New York lawyer (and GW Law graduate) Aaron Schlossberg who went on a bizarre tirade against Spanish-speaking restaurant workers has quickly become the most hated man of the week in New York.  The New York Post reports that he has now been kicked out of his office by Corporate Suites, the company that held his lease.  There is also an effort to disbar him and even a petition to hire a mariachiband to follow him around New York.  That could lead to an interesting legal fight if he alleges harassment or stalking.  The moves against Schlossberg raises our long-standing debate over actions taken against people for obnoxious or unpopular speech in their private lives or on social media.

 

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Ockham’s Razor And The Trump Tower Transcripts

William_of_OckhamBelow is my column in the Hill newspaper on the release of the transcripts from the investigation into the infamous Trump Tower meeting.  The testimony of key players is consistent with a reckless effort to get dirt of Hillary Clinton but, if anything, it undermines claims of collusion or conspiracy with the Russians.  The answer may lie in the writings of 13th Century  English Franciscan friar William of Ockham.

Here is the column: Continue reading “Ockham’s Razor And The Trump Tower Transcripts”

“Amen Sister”: Gillibrand Declares “The Lehman Sisters” Might Have Prevented 2008 Financial Collapse

440px-Kirsten_Gillibrand,_official_portrait,_112th_CongressNew York Democratic Sen. Kirsten Gillibrand told a supportive audience at the progressive Center for American Progress Ideas Festival that gender alone could make a difference in finance crises: “If it wasn’t Lehman Brothers but Lehman Sisters, we might not have had the financial collapse.”  The problem, critics have noted, is that Lehman Brothers had a female CFO during the financial crisis.  The bigger problem is how gender is often presented as a de facto credential by politicians and activists without acknowledging that it would also be de facto discrimination if used in this fashion.  It is an interesting story coming on the heels of the story out of the University of Akron where a professor declared female students would be automatically given higher scores. Gillibrand’s comment comes when she is pushing for new sexual harassment legislation in Congress.
Continue reading ““Amen Sister”: Gillibrand Declares “The Lehman Sisters” Might Have Prevented 2008 Financial Collapse”

As The Supreme Court Considers Major Free Speech Case, Liberals Can’t Have Their Cake And Eat It Too

Freedom_of_SpeechBelow is my column in The Hill newspaper on how liberals in New York are supplying the Supreme Court ample reason to rule for a Colorado cake shop owner in the Masterpiece Cakeshop case.  As the Court decides whether a baker can refuse to bake a cake deemed offensive, many liberals are asserting the right to refuse to serve conservatives based on their political views or associations.

Here is the column: Continue reading “As The Supreme Court Considers Major Free Speech Case, Liberals Can’t Have Their Cake And Eat It Too”