Category: Politics

The Man From Rule X: The House Intelligence Chair Invokes Long-Overdue Power To Override Agencies On A Public Release

download-2Below is my column in the Hill newspaper on the move by the House Intelligence Committee to release the four-page memo on alleged FBI abuse.  The FBI has objected that “omissions” have made the memo “inaccurate.”  However, that does not sound like a classification defense. Indeed, a long-standing objection is that the intelligence agencies classify material that is embarrassing or damaging to the agency politically.  Since the memo reportedly deals with the use of the dossier for a FISA warrant, it would seem possible to draft a memo that did not compromise methods and sources.  We will soon likely know, according to reports that President Donald Trump has reviewed the document and decided to release it.  He is ultimately the final word on classification status in the Executive Branch.

Here is the column:

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Two Fans In New Zealand Are Sued Under New Law For Encouraging Singer Lorde Not To Do Israeli Concert

250px-Flag_of_New_Zealand.svg660px-flag_of_israelsvgWe recently discussed the striking down of one of the state laws barring contractors who support the boycotting of Israel.  In New Zealand, however, a similar law is in effect and a pro-Israel group is suing two people for simply encouraging pop singer Lorde not to hold a planned concert in Israel.  The lawsuit demonstrates the danger to free speech in these laws, which seeks to punish people for their political views, association, and speech.  As many on this blog know, I generally oppose any laws that curtail free speech and view the solution to bad speech to be better speech — not criminalized speech.  This has nothing to do the merits of the boycotts; only the means used to oppose such views.  I have not problem with fans or promoters suing Lorde over a cancelled concert if they lost money.  This goes to the right of people to boycott a country due to their personal or political views.

 

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With The Indians Dropping The Chief Wahoo Logo, Some Demand That Chicago Toss The Blackhawk Logo

200px-ChicagoBlackhawksLogo.svgWe previously discussed the controversial decisions to drop the “Fighting Sioux” and “Chief Illini” and the Pioneers and the Aztecs.  I have been critical of some of these moves in cases where the schools honored the history of different groups. Indeed, schools like Illinois had a student work for a couple years in understanding Chief Illini and the history before their name.  While I was more sympathetic to objections to the name of the team, I also opposed the effort of the government to strip the Redskins of trademark protections.  Despite the opposition, I supported the decision of the Cleveland Indians to drop the Chief Wahoo logo, though I do not support demands that they change their team name.  Now, however, some have called for the dropping of the famous Blackhawk logo — perhaps the most recognizable and legendary symbol in hockey.  Since I am an unabashed Blackhawks fans, this will likely be dismissed as the bias of a Chicago native but I fail to see the compelling rationale for such a change.

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Schiff Accuses Nunes Of Altering Memo Before Submission To Trump For Possible Release

440px-Adam_Schiff_115th_official_photo The plot thickened last night over the anticipated release of a four-page memo from the House Intelligence Committee.  California Rep. Adam Schiff (D) publicly accused House Intelligence Committee Chairman Devin Nunes (R-Calif.) of giving President Trump a “secretly altered” version of the memo to review for possible release.  The Schiff allegation raises an interesting issue under the House that could theoretically warrant judicial review (though the outcome is far from certain).  The Committee staff is arguing that the changes were minor edits, including grammatical changes.

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Report: Trump Asked Rosenstein If He Was On His “Team” Before His Testimony To Congress

Rod_Rosenstein_US_AttorneyThere is another disturbing report alleging that, despite all of the damage caused by President Donald Trump allegedly asking former FBI Director for a pledge of loyalty, he asked Deputy Attorney General Rod Rosenstein whether he was “on my team” before Rosenstein testified before Congress.  Notably, in the hearing, Rosenstein was asked  “Is it ever appropriate for a president of the United States to demand a Department of Justice official or FBI director to take a loyalty pledge?” He replied “I don’t have any opinion about that. Nobody has asked me to take a loyalty pledge other than the oath of office.”

 

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Federal Court Strikes Down Kansas Law Against Israeli Boycotters

download660px-flag_of_israelsvg1A District Court judge in Kansas has handed down a major free speech victory this week in striking down the state law requiring all state contractors “to certify that they are not engaged in a boycott of Israel.” We have previously discussed these laws and my view that they impinge upon the first amendment.  The laws include making victims of natural disasters attest that they do not support a boycott of Israel as well as similar bans on student groups.  Now the Kansas law has been struck down as a denial of free speech by District Court Judge Daniel Crabtree.  It is the Koontz case that we previously discussed.

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Report: Wray Opposes Release of Nunes Memo

440px-Chris_Wray_official_photoAccording to Bloomberg, FBI Director Christopher Wray told the White House he opposes the release of controversial four-page memo from the House Intelligence Committee.  What is notable about the report is that the objection is allegedly due to what Wray views as a false and inaccurate narrative. However, that should not be a reason alone to classify and withhold a document under Rule X.

 

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Stormy Daniels Issues New Denial Of An Affair With Trump . . . Then Suggests The Signature Is A Forgery

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

The controversy surrounding porn star Stormy Daniels deepened yesterday.   Stephanie Clifford (AKA Stormy Daniels) was reported to have finally and clearly denied that she had an affair with President Donald Trump.  A statement was released under her signature with the help of counsel.  However, in her interview with late night host Jimmy Kimmel, she seemed to suggest that it was not her signature. The coy denials and suggestions of Daniels in interviews is getting quite old.  However, her interview left the impression that that someone faked her signature, a possible crime.  In addition, if she did not have an affair with Trump, she could be liable for defamation but there are some interesting legal twists.

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The State of The Union and the State Of American Politics Of Division

imagesPresident Donald Trump’s first State of the Union address covered a wide array of domestic and international issues. At eighty minutes, it was long of the longest such speeches.  Putting the policies aside, Trump’s delivery last night was one of his strongest. Indeed, while many have objected to the content, it was a much better delivery than his inauguration in my opinion.  CBS News is reporting that 75 percent of Americans watching approved of the speech.

However, most of us in the Beltway were watching the awkward tension between the members, including the absence of boycotting members and at least one incident of loud booing from the Democratic members.  Rep. Luis Gutierrez was shown walking out as members chanting “USA, USA.” (He later remarked  “Whoever translated it for him from Russian did a good job.”) Minority Leader Nancy Pelosi led most Democrats out of the door immediately after the President finished and most Democrats did not applaud for most of the speech.  I have been previously critical of a Republican member protesting during the State of the Union\ and a serious breach of tradition by Associate Justice Sam Alito.

Here is my column in the Hill newspaper on the controversy.

 

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CNN: McCabe’s Abrupt Departure May Be Tied To Internal Investigation Findings

McCabeThe early departure of FBI Deputy Director Andrew McCabe has led to a spasm of speculation and criticism ranging from Comey’s warning of the destruction of  FBI knuckling under President Donald Trump to overwrought analogies to the rise of Hitler by one CNN commentator.  However, there are indications that McCabe may have been shown the door by FBI Director Chris Wray and even told that he faced demotion in light of an internal investigation.  Notably, on the eve of this disclosure a story was leaked that detailed the conversation between McCabe and Trump where Trump taunts McCabe about his wife being a political “loser.”  If true, the comments were shocking and distasteful but the emergence of these conflicting accounts show the intense struggle in Washington to control the narrative following McCabe taking leave pending his retirement. There have also been allegations of leaks by McCabe as both sides seeks to frame this controversy.

 

What is also notable is the continued leaks from Trump’s inner circle.  A new report describes Trump having a “tirade” on Air Force One because a top Justice Department official objected to the release of the four-page memo.  The content and speed of his leak is clearly meant to damage Trump and has to be coming from within his close staff — a recurring problem.  The motivation behind these leaks is an interesting question. It is not clear if it is meant to simply damage or somehow to deter the President .

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Swiss Fire Top Investigator After Clandestine Meeting With Russian Lawyer At Center Of Trump Tower Scandal

downloadAccording to the Daily Beast, a top Swiss police investigator identified only as Victor K was fired last week in a case that some are describing as an effort by Russians to make him a virtual double agent.  Against the direct orders of his superiors, Victor went to Russia and was put up in a luxury hotel to meet with the office that allegedly offered dirt on Hillary Clinton to Donald Trump Jr. in the infamous Trump Tower meeting.  In Washington, he was promptly put into a meeting with the main figure from the Trump Tower: Natalia Veselnitskaya.  Once again, she wanted to talk about the whole Magnitsky controversy where huge amounts of money reportedly were generated for powerful Russian figures in a $230 million fraud scheme.  The Swiss were zeroing in on that money which may have been laundered through Swiss accounts.

 

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Professor Comey? Ex-FBI Chief To Teach Ethics Course Amid Scrutiny

440px-Comey-FBI-PortraitimagesBelow is my column in the Hill Newspaper on the news that former FBI Director James Comey will be teaching a course at William & Mary on “ethical leadership.”  While I believe that having their alum teach a class would be a terrific opportunity for their students, this particular subject is obviously controversial.  Moreover, it seems to fit an agenda by Comey to address criticism over his ethical choices.  There is nothing in Comey’s past that would have made this an obvious choice for his expertise that clearly encompasses national security, surveillance, privacy, and other area of constitutional and criminal law.  Curriculum should not be a vehicle for public relations.

Here is the column

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Is Clinton’s Message To “Activist Bit**es” Part Of A Trend Among Politicians On The Use Of Crude Language?

Screen Shot 2018-01-27 at 2.10.56 PM 1For many, the recent video of Hillary Clinton thanking “activist bitches supporting bitches” was a cringe-worthy moment as Clinton continues to struggle to be accepted as a leader (or even a plausible member of) the “resistance.”  What is curious is that there seems to be a conscious decision in the Democratic ranks to become more profane.  DNC Chair Tom Perez has clearly used profanity as a way of connecting with the younger generation.  As people on this blog are aware, I am admittedly a bit old-fashioned about crude language used publicly by public figures and politicians.  I find it truly off-putting but I recognize that the rising generation does not share that inclination.  Indeed, there is a new book calling for the use of more profanity.

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Report: Trump Raised Possible Firing Of Deputy Attorney General In Recent Weeks

Rod_Rosenstein_Official_DAG_Portraitdonald_trump_president-elect_portrait_croppedIn the aftermath of the report that the White House Counsel Don McGahn had to threaten to resign to prevent President Donald Trump from firing Robert Mueller last June, new reports from four sources say that Trump has raised his desire to fire Deputy Attorney General Rod Rosenstein.  The story would be particularly worrisome since many have defended the President (who denied the Mueller story) on the basis that the order was given during an early chaotic period where he made a series of missteps.  This story, if true, would suggest that the President is still considering the same type of move against Rosenstein — a move that would have obvious and immediate negative impact for him and his Administration.

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Res ipsa loquitur – The thing itself speaks