President Donald Trump renewed his public discussion over firing Robert Mueller after the search of his lawyer’s office, a move that would be the single most destructive act since . . . well . . . Trump fired James Comey. It would not only not stop the investigation but it would expand calls for impeachment. The statement clearly thrilled many of his critics who relished the idea of the largest unforced error in history since New York Giants center fielder Fred Snodgrass blew Game 8 of the 1912 World Series with the Boston Red Sox. Of course, dropping that ball cost New York the World Series. This could cost Trump his presidency. I have a column out this morning in the Hill on this issue.
Category: Media
Below is my column on The Hill newspaper on the significance (and coverage) of the Washington Post story that President Donald Trump is not a target of the Mueller investigation but only a subject of the investigation. None of this means that the risks for Trump in a sit down interview do not remain high. Even as a subject, he could be accused of false statements — a concern with a President known to go “off script” in meetings.Here is the column:
After a year of blaming sexism for her defeat, Hillary Clinton argued this week that people begging her to stop her public appearances are themselves sexist despite former supporters among those objecting to the negative impact that she is having on efforts to regain power. Even her most passionate supporters like Sen. Claire McCaskill have publicly rebuked her. Clinton refuses to acknowledge polls from before her nomination showing that she was the most unpopular candidate to run for president in history. Nevertheless, Democratic members and power brokers forced through the nomination — ultimately losing to the second most unpopular candidate to ever run, Donald Trump. Virtually any other leading Democrat would have likely won the election but Clinton has struggled to blame others — including self-hating women — for her loss.
Continue reading “Clinton: People Calling For Me “To Go Away” Are Sexist”
Below is my column in The Hill newspaper on why a separate and independent investigation of the FBI’s conduct is warranted. My support for the investigation is not because I believe that criminal charges will likely be brought. Rather, I have never seen our country more divided and I cannot imagine any way for us to get beyond this poisonous political environment without full and complete investigations with public disclosure of the findings. As I have stated in interviews, I comment Attorney General Jeff Sessions in not only giving this matter to the Inspector General but ordered U.S. Attorney John Huber to assist in the investigation. The combination of the U.S. Attorney and the Inspector General is likely to expedite the investigation and maximize the options for the Justice Department — including the option reserved by Sessions to eventually order the appointment of a Special Counsel. Critics of Sessions are missing the import of the joint investigation. He has selected a line prosecutor from outside of the Beltway to review the conduct of FBI officials, including James Comey and Andrew McCabe. Huber adds prosecutorial experience and powers to the ongoing IG investigation.
Faith Linthicum, a labor and delivery nurse at Kaiser Permanente Roseville Medical Center in California, has been forced on leave for writing on Facebook that Stephon Clark, the unarmed black man who was fatally shot by police, “deserved it for being stupid.” This is the latest example of employees being fired for expressing their views outside of work, including prior controversies involving nurses. Update: the hospital has fired Linthicum.
President Donald Trump’s struggle with the Stormy Daniels scandal has become Washington’s version of A Streetcar Named Desire . . . without the gritty charm. Rather than shutdown this litigation over a sordid alleged affair, the President has been left looking like Stanley Kowalski declaring to Blanche DuBois that he has “a lawyer acquaintance” who can “study these out.” For Trump, that “lawyer acquaintance” was Michael Cohen, a fix it lawyer who has become infamous for threatening women connected with Trump with financial and legal ruin. Until, that is, former porn star Stormy Daniels (the Blanche DeBois of this drama) called his bluff. Now, Trump’s fix it man has a fix it man, David Schwartz, who proclaimed that he also has “studied things out” and has threatening both Daniels and her lawyer with ruin. The problem is that Schwartz may have just cratered the case for both his client, Cohen, and Cohen’s client, Trump. Schwartz has finally declared that Trump was never aware of the agreement negotiated for him by Cohen. That could spell serious trouble not only for Cohen but also Trump. Instead of a final scene screaming “Stella!,” it may be “Schwartz!” that is heard throughout Foggy Bottom.
We have previously discussed the national trend in colleges and universities to require faculty to use an increasing number of different pronouns for students. Faculty questioning such alternative pronouns have been subject to discipline or condemnation. There is even a move in states like California to criminalize the failure to use alternative pronouns. Now, the women’s college Mount Holyoke has ordered faculty to avoid calling its students “women” since some students may identify as non-genders or different genders.
Continue reading “Mount Holyoke Women’s College Orders Professors Not To Call Students “Women””
Below is my column in The Hill Newspaper on the potential legal fallout from the Stormy Daniels interview on CBS 60 Minutes. Notably, yesterday the White House again expressly denied not just the “allegations” but specifically the allegation that President Donald Trump had a sexual tryst with the porn star. That direct denial is precisely what I have warned against in this and other columns. While the Daniels matter is not currently on the table with the Special Counsel, the worsening situation only reinforces why I believe Trump should close the deal on a sit down on the four prior subject matters lead out by Robert Mueller. Notably, my repeatedly stated view that Trump should sever any ties with his radioactive personal counsel Michael Cohen does not appear likely since Trump just arranged a dinner with Cohen at Mar-a-Lago.
Here is the column:
Democratic attorneys general in several states have announced that they will challenge the addition of a citizenship question in the next U.S. Census as hostile to undocumented persons and discriminatory under the 14th Amendment. I do not see the compelling argument against such a question which has been asked in prior years, though not on a decennial survey since 1950.
I recently wrote a column that argued that President Donald Trump would be wise to accept the offer (and reported parameters) for a sit down with Special Counsel Bob Mueller. In addition, I argued for another obvious and long overdue action: severing any and all ties with his personal counsel Michael Cohen. Cohen’s reckless and ham-handed lawyering has seriously undermined Trump’s position and he could very well find his bar license in jeopardy due to his prior actions. Despite Cohen’s radioactive reputation and worsening legal position, Trump decided that the night before the 60 Minutes interview with Stormy Daniels was a good time to have dinner with Cohen at Mar-O-Lago. It was a baffling decision when any competent lawyer would be insulating Trump from Cohen.
Continue reading “Report: Trump Met With Michael Cohen Night Before Stormy Daniels Interview”
Turkish President Recep Tayyip Erdogan has expanded his destruction of civil liberties and secular government with a new call for the arrest of students opposing war as “terrorists.” Erdogan was not content with arresting or firing thousands of intellectuals in Turkish schools. He now wants to arrest free-thinking students — leaving Turkish colleges occupied by government-approved faculty stooges and government-controlled students. He has also barred the teaching of various subjects including evolution. Erdogan’s ire was directed at students at Bogazici University. I had the pleasure of speaking at Bogazici University years ago and it was considered one of the finest academic institutions in the World. The university attracted the top students in the country and it is little surprise that Erdogan and his religious parties would view the students as a threat.
Below is my column in The Hill newspaper on the reported proposal that President Donald Trump sit down with Special Counsel Robert Mueller to address four specific areas of inquiry. Those areas just happen to be the ones where Trump has the strongest and most obvious defenses. If the deal is that this would be a one-time sit down (and any later issues would be addressed in written interrogatories), it is a deal that would be hard to pass up. It is not without considerable risks of course, particularly for any false statement allegations. However, if the President were ready to be properly prepped and listens to counsel, he could thread this needle. It would also avoid a fight over a subpoena. While the law on the question is hardly settled, Mueller could win such a court fight and force Trump into an interview. Both the political and constitutional costs of such a fight should be avoided.
Here is the column:
Below is my column in the Hill newspaper on the changes to the Trump legal team, including the departure of John Dowd who was the lead counsel in dealing with the Special Counsel investigation. While it is still not clear what role Joe diGenova will play, there is concern that Trump is considering a more combative approach. Adding more lawyers does not necessarily translate to strengthening a case. Indeed, if you add lawyers used to being lead counsels, the result can be confusion and conflicts in getting them to work together. What Trump needs is greater control and continuity as he enters the most risky stage of the Special Counsel investigation.
Here is the column:
Continue reading “With The Departure Of John Dowd, Trump’s Legal Team And Strategy Could Be In Flux”
Former FBI deputy director Andrew McCabe penned an op-ed for The Washington Post to contest the allegation of his “lack of candor” with federal investigators. I have been writing (here and here and here) on the contrast between the treatment of McCabe and former national security adviser Michael Flynn. McCabe has been erroneously portrayed as “losing his pension” but has not been charged. Flynn was charged and accepted a plea deal under 18 U.S.C. 1001 for making a false statement to investigators. Now McCabe is raising virtually the same defense that did not work for Flynn: that there was a lot going on and he was “confused and distracted.”
Below is my column in USA Today on the recent ruling against President Donald Trump in a civil lawsuit where his counsel sought dismissal on constitutional grounds. It was a weak argument that made bad precedent for the Office of the President. With yet another change in his legal team, Trump needs to focus on continuity among his legal team. More lawyers does not necessarily translate to a stronger case. Indeed, it can undermine a case when lawyers are advancing conflicting or reckless arguments.
Here is the column:
Continue reading “Bad Cases (and Bad Lawyers) Can Make For Bad Law”