Category: Politics

Russian Indictments Are Long On Chicanery and Short On Collusion

fa0f116753ca535f6304144908b8b67e--russian-posters-propaganda-artBelow is my column in The Hill newspaper on the implications of the Special Counsel indictment of 13 Russians and the express statements of the Special Counsel and the Deputy Attorney General that there is no evidence of any American knowingly working with these Russians.  This indictment addresses the core of Russian hacking and misinformation campaigns by the Russian government.  The admission of no evidence of collusion is notable and significant. As I mentioned in the column, that does not mean that the investigation will not go forward, including pursuit of any collusion between the Russian and the Trump campaign. However, after a year and multiple pleas, none of the indictments have established the alleged nexus between the Trump campaign and the Russians.

There still remain a number of potential threats for the White House from new collusion evidence to financial-related crimes to new allegations stemming from the alleged payoff of former lovers.  However, while Rep. Adam Schiff is still insisting that there is ample evidence of collusion and obstruction, the core (and original) allegation against Trump has moved little in terms of real evidence (at least evidence made public).  Moreover, the evidence of the Russian campaign shows that it began in 2014 before Trump ran for president.  It seemed to target the presumed victor: Hillary Clinton. However, when Trump ran, it targeted Trump.  Both anti-Clinton and anti-Trump rallies were ultimately organized by the Russians to spread division. It was a curious effort since the country was already quite divided and the Russian-led protests paled in comparison to the massive anti-Trump rallies like the Women’s March or the continual protests over Hillary Clinton.  The most serious problem was not the trolling or the organizing but the hacking.

 

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“Very Sad”: Trump Suggests That FBI Might Have Prevented Florida Massacre If It Wasn’t So Busy Looking For Russian Collusion

downloaddonald_trump_president-elect_portrait_croppedPresident Donald Trump late Saturday night issued another highly controversial and frankly unfair tweet targeting the FBI.  Trump suggested that the FBI might have prevented the massacre atMarjory Douglas Stoneman High School in Parkland, Florida if they weren’t “spending too much time trying to prove Russian collusion with the Trump campaign.”  It is obviously a false association since the local and national offices dealing with such school threats are entirely removed by the Russian investigation. Indeed, the entire structure of the Special Counsel operation is designed to set it apart from Main Justice and other investigations.  The tweet is being condemned as politicizing the massacre as students are still being mourned and buried.  This includes some very angry responses from the surviving students.

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Does Trump Have an Edwards/Clinton Problem?

220px-john_edwards_official_senate_photo_portraitdonald_trump_president-elect_portrait_cropped225px-Bill_ClintonBelow is my column in the Hill newspaper on the implications of the scandals involving two women who have claimed affairs with President Donald Trump in prior years.  There are real risks here for the White House which has been issuing categorical denials.  Some of the greatest threats to a presidency come from the outer edges. That was the legacy of Bill Clinton whose adultery led to public dishonesty and ultimately perjury.

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Stormy Daniels Declares Settlement With Trump To Be Void And Promises A Full Account Of The Alleged Affair With Trump

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

images-2I recently discussed the highly problematic statement of Michael Cohen, the personal lawyer for President Donald Trump, that he paid off porn star Stormy Daniels (aka Stephanie Clifford) out of his personal funds. This admission did not necessary end the controversy over possible campaign finance violations but did add some thorny ethical questions.  One of the possible costs was to void the 2016 agreement itself. Both sides reportedly agreed not to speak publicly about the details of the agreement, but Cohen has now done so in media interviews. In response, Daniels is declaring herself free of any limitations and promising to tell her full story. There is also a story that Daniels has a dress that might have forensic evidence linking her to Trump (sound familiar?). She is reportedly shopping her story.  What a mess.  This is the result of a combination of bad lawyering, publicity seeking, and what appears strikingly dishonest public statements.  Non-disclosure agreements are tricky things since the parties will often dance around a breach in the hopes that the other party will trip the wire in response.

The danger for Trump is that Cohen, as previously described, has left him open to an allegation similar to the one that resulted in criminal charges against John Edwards — the use of a third party to conceal an affair as a circumvention of campaign finance laws.  Mueller could conceivably ask about such payments as a possible crime — putting Trump in the same position as Bill Clinton.

 

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Warren: I Am Part Native American

Screen Shot 2018-02-16 at 7.48.08 AMSen. Elizabeth Warren made a surprising appearance at the National Congress of American Indians this week and made an even more surprising statement that she is indeed part Native American.  I have been critical of the use of this label (and name calling generally) by the President and others.  Yet, the sudden discussion of the controversy was unexpected by Warren.  The assumption for years is that Warren had backed off from this claim made during her academic career. She was counted by by two law schools as a Native American.  Indeed, we first discussed this issue when Warren was still an academic and her claim that claiming to a Native American offered no advantage to her career.  The speech comes at an interesting time for academia where more schools are allowing students to not simply choose their gender (or non-gender) but also their race.

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Bannon Moves Closer To Contempt In Defying The House Intelligence Committee

downloadI have been critical of the House Democrats on the Intelligence Committee, particularly for their claims of highly sensitive material in the Nunes memo (which turned out to be facially devoid of such material).  However, I believe that the Democrats (and some Republicans) are on solid ground in considering a contempt sanction against former White House chief strategist Steve Bannon.  Bannon has refused to answer questions on the grounds of executive privilege but the White House has not asserted executive privilege in prior hearings as far as we can tell. He simply says that he was told not to answer questions. After failing to appear before the Committee or to answer questions previously, Bannon was already looking at a serious possibility of contempt.  He then showed up yesterday with a list of 25 questions that he was prepared to answer “yes” or “no.”  Bannon spent 20 hours with the Special Counsel’s investigators but gave monosyllabic responses to a congressional oversight committee and then refused to answer material questions. That sounds a lot like contempt to me.

 

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When Mania Goes Mainstream: Experts Claim Nunes Could Be Indicted Next

Devin_nunesBelow is my column in the Hill Newspaper on the recent column in the New York Times by Harvard Law Professor Lawrence Tribe and others that Devin Nunes could be charged with obstruction of justice. The column contains highly dubious uses of both history and precedent to advance this latest claim of criminality.  The ABA Journal and other papers have reported on the theory without any objective of its meritless foundation in constitutional law.  The basis for such claim is so attenuated as to border on the fanciful.   There are serious possible crimes being alleged without twisting the criminal code to go after supporters of President Trump.

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Wisconsin Candidate For Congress Arrested For Allegedly Attempting To Sell Stolen Ring

5a835210b0045.imageJuliet Germanotta is running for Congress in Wisconsin on the Democratic ticket and a pledge to advance a“fiscally responsible” approach to government.  That promise seemed less than compelling after she was arrested for trying to sell a $4,800 ring allegedly stolen from Mikaelians Jewelry in New York.  Her Facebook page says that she is an ordained minister fighting for equal rights as a transgender woman.

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“I Will Always Protect Mr. Trump”: Trump’s Attorney Claims Payment To Porn Star Was His Own Money, Not Trump’s or the Campaign’s Money

donald_trump_president-elect_portrait_croppedWe previously discussed the controversy surrounding President Donald Trump’s alleged relationship with porn film star Stormy Daniels.  At issue was not just the alleged affair previously described by Daniels in an interview in 2011m but a payment in 2016 of $130,000 in exchange for a denial of the affair.   That payment was later the basis for a lawsuit by Common Cause alleging possible campaign finance violations.  The source of the money, the lawsuit alleged, may have been campaign money and the use of such money for this purpose would have violated federal law. Now, the Trump attorney who created a shield company and anonymous identity to pay off Daniels has stated that the money was his, not Trump’s or the campaign’s. That disclosure however raises additional questions — both factual and ethical.

 

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Trump Administration Drops Case Against Lender Charging Up To 950 Percent Interest

440px-CFPB_logo.svgThe Trump Administration has been openly hostile to Consumer Financial Protection Bureau and recently proposed massive cuts in the new budget.   Director Mick Mulvaney  was viewed as an appointment designed to dismantle the consumer protection agency. Now, as  NPR reported, Mulvaney has ordered the dropping of the case against Golden Valley Lending which alleged charged consumers up to 950 percent interest rates.  The Administration owes the public a full explanation for this decision. There may be a reason (such as deferring to state prosecution) but the decision on its face is troubling.

 

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Duterte Tells Soldiers To Shoot Female Rebels In Their Genitals

rodrigo_duterte_and_laotian_president_bounnhang_vorachith_croppedPhilippine President Rodrigo Duterte has shocked the world with his blood-soaked reign including his  orders to police to murder drug suspects and his bragging about his own murders.  Thousands of suspected drug dealers have been killed under Duterte.  Duterte has mocked those who object to the extrajudicial murders, including teenagers found dead.  Now Duterte has found a way to shock the world again after telling soldiers to  shoot female rebels in their genitals.   Many of us were alarmed by President Donald Trump’s praise of Duterte as “a good man” and praising his crackdown on drugs.  Duterte however shows no ability to control himself any more than his son (who has been implicated in drugs and corruption) or his henchman  . . . or his mouth. However, this not just some clown in office. Duterte is actively encouraging extrajudicial murders as a policy of this close allied nation.

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West Virginia Woman Dragged From Legislative Hearing On Drilling Bill After Listing Oil and Gas Donations To The Members

lissaWe recently saw a national outcry over a teacher dragged from a school board meeting for raising concerns over school policies.  Now, the West Virginia House of Delegates is under scrutiny for the treatment of a woman, Lissa Lucas, who appeared at a hearing over a drilling bill and attempted to list the contributions accepted by both Democrats and Republicans from the gas and oil industries.  She also raised an event the night before where the members wined and dined with industry lobbyists.  She was forciably removed from the hearing after Chairman, John Shott (R-Mercer) ruled her comments as non-germane and personal. Many voters would likely disagree and say that the extent of corporate-related money is not relevant to the legislation.

 

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Academia’s #MeToo Movement Expands From Cincinnati to Shanghai As Congress Considers Legislation Targeting Academic Institutions

truth2Recently, the Utah Law Review published a study of sexual harassment at universities and there are a growing number of cases involving students coming forward with accounts of prior misconduct by professors.  Notably, this movement has even extended to China, which is not known for its enforcement of sexual harassment laws.  In the meantime, Congress is considering legislation entitled “Federal Funding Accountability for Sexual Harassers Act” that would make it more difficult for academics to avoid responsibility by moving to other universities.  [For full disclosure, one of the cases this month concerns a former GW colleague, Ezra Wasserman Mitchell, who changed his name from Larry Mitchell before leaving for China.]

 

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In The Case Of The FISA Memos, Transparency Is National Security

downloadBelow is my column on the ongoing controversy over the majority and minority memos from the House Intelligence Committee. President Donald Trump has sent the Democratic memo — which is much longer and detailed — back to the Committee for revisions. He accused of the Democrats of intentionally loading up the memos with classified information to argue that the White House was withholding embarrassing information.  This column below argues for disclosure of not just as much of these memos as possible but underlying material.

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Second Trump Staffer Resigns In A Week After Spousal Abuse Allegations As Trump Decries “Shattered Lives” [Updated]

article-abuse-0209A second White House official has resigned following a media investigation into allegations of domestic violence.  As discussed yesterday the disconnect between Rod Porter claiming that the allegations were false but his subsequent failure to seek a legal remedy or even threaten a defamation action.  David Sorensen, a speechwriter for President Trump, has raised a possible defamation action against his wife in denying the accusations. Indeed, he alleges that she was the abuser — creating a possibility of libel actions on both sides (much like the Roy Moore situation).  President Donald Trump has responded to the two cases by decrying the impact of “mere allegations” in “shattering lives.”

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Res ipsa loquitur – The thing itself speaks