Category: Politics

“Fake News, Fake News”: Trump Denies That He Wanted To Fire Mueller In June

donald_trump_president-elect_portrait_croppedAt the Davos conference in Switzerland, President Donald Trump denied the New York Times account that he ordered the firing of Special Counsel in June but was prevented by doing so when White House Counsel Don McGahn threatened to resign.  It is a highly disturbing allegation since such an act would have been catastrophic for the Trump Administration.  Now however President Trump is denying the story — responding to reporters with “fake news, fake news.”  What is curious is that the White House and particularly the White House Counsel did not deny the story.

Continue reading ““Fake News, Fake News”: Trump Denies That He Wanted To Fire Mueller In June”

Durham DA Drops Felony Charges Against Protesters Who Tore Down Confederate Statue

Cfakepathmugshots212_20170816_180608

We previously discussed the arrest of four protesters arrested for the destruction of a roughly century-old statue of a Confederate soldier in North Carolina.  The public, premeditated act was was carried out in front of news cameras in broad daylight.  Moreover, the arrested individuals seemed proud of the crime and various advocates called for all charges to be dropped against  Takiyah Thompson, 22, Dante Strobino, 35, Ngoc Loan Tran, 24, and Peter Gilbert, 39.  Indeed, faculty declared Thompson a hero for her vandalism and Political Science Professor Allan Cooper of North Carolina Central University called for Thompson to be given a scholarship.

Now, Durham District Attorney Roger Echols has dropped all felony charges against the eight protesters.

Continue reading “Durham DA Drops Felony Charges Against Protesters Who Tore Down Confederate Statue”

NYT: Trump Ordered Mueller To Be Fired In June But White House Counsel Refused To Carry Out Order

donald_trump_president-elect_portrait_croppedThe New York Times has posted a blockbuster story that President Donald Trump ordered that Special Counsel Robert Mueller be fired last June but White House Counsel Donald F. McGahn II prevented the order from being carried out by threatening to resign.  If true, it is a chilling disclosure that such a clearly self-defeating and unwarranted act was not just considered but ordered.  The firing would have magnified calls for possible impeachment and would have led Congress to move on such options as the renewal of the Independent Counsel Act.  While I have written extensively (here and here and here) on Mueller’s conflicts of interest and why he should never have been considered for such a post, I have also stressed that any firing of Mueller would be an act of utter lunacy in the midst of this investigation.

Continue reading “NYT: Trump Ordered Mueller To Be Fired In June But White House Counsel Refused To Carry Out Order”

Perry: The U.S. Will Give The World “A Better Life Through Fossil Fuels”

440px-Rick_Perry_official_portraitWith much of the world desperately trying to rid itself of fossil fuels to avoid disaster from climate change, the Trump Administration at times seems to be on a different planet.  That seems the case at the Davos conference where Energy Secretary Rick Perry proclaimed that the United States is “blessed” to be able to offer the world “a better quality of life through fossil fuels.”  Not only our closest allies like Germany and England have been making huge efforts to drop fossil fuels, but China is moving aggressively to avoid this “better world” model.

Continue reading “Perry: The U.S. Will Give The World “A Better Life Through Fossil Fuels””

Trump: “You Fight Back, Oh, It’s Obstruction.”

donald_trump_president-elect_portrait_croppedPresident Donald Trump made an interesting comment yesterday that both highlighted how he got into this mess and, ironically, the best defense to get out of it.  Trump complained that “You fight back, oh, it’s obstruction.”  That sums up so much about the past controversy and where it might end.

 

Continue reading “Trump: “You Fight Back, Oh, It’s Obstruction.””

Report: Trump Asked McCabe About Who He Voted For While Sessions Recently Pushed Wray To Fire Him [Updated]

donald_trump_president-elect_portrait_croppedMcCabeSeveral sources are being cited for a story this morning that President Donald Trump asked Andrew McCabe, then the acting Director of Federal Bureau of Investigation, who he had voted for in the presidential election.  If true, it would be another highly inappropriate question for a president to ask an FBI official.  Such questions undermine the apolitical status of our law enforcement officials. Indeed, for those concerned about
“Deep State” political bias, the last thing that we want is for officials to be actively questioned about their voting in elections — compromising the sanctity of the voting booth for all citizens.  In the meantime, media outlets are also reporting that Attorney General Jeff Sessions pushed FBI Director Christopher Wray to fire McCabe.  While the White House denies that Wray threatened to resign, such an effort would show a remarkably long learning curve for this Administration. Update: President Trump says that he does not recall asking McCabe who he voted for in the presidential election.

Continue reading “Report: Trump Asked McCabe About Who He Voted For While Sessions Recently Pushed Wray To Fire Him [Updated]”

California’s Immigrant Worker Law Hands The Trump Administration A Golden Opportunity To Curtail The Golden State

imagesBelow is my column in the Hill newspaper on the new California law that the state Attorney General is pledging to enforce against employers who are cooperating with federal immigration authorities.  There are ample grounds for either businesses or the federal government or both to bring a legal action.  The arguments of California in Arizona v. United States — and the holding in that case — could prove damaging to the position of the state.

 

Continue reading “California’s Immigrant Worker Law Hands The Trump Administration A Golden Opportunity To Curtail The Golden State”

Stormy Interview: Magazine Defies Trump Lawyer’s Threat Of A Libel Lawsuit and Publishes Full Interview With Alleged Mistress

The personal lawyer of President Donald Trump, Michael Cohen, reportedly threatened to sue a tabloid magazine if it published an interview with the former adult film star Stormy Daniels in 2011.  Daniels told In Touch that she had an affair with Trump that started shortly after Melania Trump gave birth to her son Barron.  The threat appeared to work and the story never ran.  During the presidential campaign, Cohen used a fake name and shell company to give $130,000 to the porn star to deny any sexual relationship.  The publication sets up an interesting legal question of whether Trump will sue as threatened and how this might play out under the standard set out in New York Times v. Sullivan.  You have a porn star who does have two clearly opposing statements on the affairs as the main source for the article. However, a lawsuit would present risks that few lawyers would consider worth taking in a legal action.

 

Continue reading “Stormy Interview: Magazine Defies Trump Lawyer’s Threat Of A Libel Lawsuit and Publishes Full Interview With Alleged Mistress”

Comey To Teach Course On “Ethical Leadership”

440px-Comey-FBI-PortraitThere remains an intense debate over the legal and ethical implications of former FBI Director James Comey removing FBI memos and leaking the information to the press.  Despite serious allegations of unethical conduct, Comey has been chosen to teach a course on “ethical leadership” at William and Mary in the Fall.

Continue reading “Comey To Teach Course On “Ethical Leadership””

California Moves To Force Businesses To Give Half Of Tax Cut To The State

imagesOne of the elements to the recent tax bill that drew considerable opposition was the move to a neutral tax system that no longer allowed for the writing off of state taxes.  However, there is a valid argument for such an approach since many citizens in low tax states do not benefit to the same degree.  Indeed, those taxpayers have complained that they are effectively subsidizing taxpayers in states like New York and California even though they often make considerably less.  I have come to support the approach for a different reason. It forces local politicians to bear the true costs of tax hikes since they can no longer dismiss objections by saying that their increases will simply be recovered as a deduction on federal taxes.  Now, however, California legislators have pushed legislation to force businesses to give back half of their federal tax savings.

Continue reading “California Moves To Force Businesses To Give Half Of Tax Cut To The State”

Happy Anniversary To Washington’s “Least Untruthful” Witness: Clapper To Avoid Perjury Prosecution In March

220px-James_R._Clapper_official_portraitBelow is an expanded version of my column that ran in USA Today on the approaching expiration of the statute of limitations for prosecuting former National Intelligence Director James Clapper for perjury.  This is a city that protects its own and Clapper is the Beltway equivalent of a made man.  People like Clapper do not get prosecuted.  We do not call them criminal; just complicated.

Here is the column:

Continue reading “Happy Anniversary To Washington’s “Least Untruthful” Witness: Clapper To Avoid Perjury Prosecution In March”

Harvard Professor: Hillary Clinton Could Still Be President

Hillary_Clinton_Testimony_to_House_Select_Committee_on_BenghaziLawrence Lessig, the Roy L. Furman professor of law and leadership at Harvard Law School, offered hope recently for those still in denial over the 2017 presidential election.  Lessig, seriously, argued in Newsweek that it is not too late.  Hillary Clinton could still be president if things break in the right way. It would only require the removal of both Trump and Pence as well as a cooperation and resignation of a President Speaker Paul Ryan.  That is all it would take to make for those who believe that there is no price too great to get the Clintons back into power.  Even Lessig’s Rube Goldberg machine of presidential succession.

Continue reading “Harvard Professor: Hillary Clinton Could Still Be President”

Trump’s Lawyer Under Fire As The Wall Street Journal Details Use Of Pseudonyms and Shell Companies To Pay Porn Star

800px-Stormy_Daniels_2010
© Glenn Francis, http://www.PacificProDigital.com

President Trump‘s personal lawyer Michael Cohen is under fire this week after The Wall Street Journal reported that Cohen used what appear to be shell companies and fake names to pay a porn star called Stormy Daniels $130,000 as part of a nondisclosure agreement.  Daniels states in a prior but unpublished interview that she had an affair with Trump that began shortly after Trump married Melania Trump and had their son Baron.  She said that the affair lasted roughly a year and the money was paid during the campaign around the time of the release of the disturbing Access Hollywood tape.  Cohen has previously denied any affair and insisted that both Daniels (whose real name is Stephanie Clifford) and Trump deny any sexual relationship.  The new information has led some to question Cohen’s veracity and the role of an attorney in maintaining such a denial if the representation is untrue.  I am less confident that a clear ethical line was crossed by Cohen simply because he used such companies or has maintained the denial of any relationship.

Continue reading “Trump’s Lawyer Under Fire As The Wall Street Journal Details Use Of Pseudonyms and Shell Companies To Pay Porn Star”

Democratic Member Seeks New Impeachment Vote Based On Trump’s Alleged “Shithole” Comment

Al_Green_OfficialI have previously written about the endless calls for impeachment from Democratic members for everything from Trump criticizing NFL players to comments made about protesters. The Framers saw the great abuses caused not only by tyranny of nobility, but tyranny of the majority. They sought to insulate our government from the transient impulses of politics. The danger has been repeatedly shown by members who see virtually any act or comment by Donald Trump as a case for impeachment. The latest such example comes from Texas Representative Al Green, who declared that Trump’s alleged reference to “shithole countries” is sufficient grounds for impeachment. The last time I checked, pottymouth was not included in Article II with “Treason, Bribery, or other high Crimes and Misdemeanors.”

Continue reading “Democratic Member Seeks New Impeachment Vote Based On Trump’s Alleged “Shithole” Comment”

Trump’s Test: Here Is The Montreal Cognitive Assessment

donald_trump_president-elect_portrait_croppedPresident Donald Trump made a reference in an interview yesterday about his “highest score” on his cognitive testing.  He told Reuters that former Presidents Obama, George W. Bush and Clinton failed to deal with North Korea and added “I guess they all realized they were going to have to leave it to a president that scored the highest on tests.” Trump is referring to the fact that he is the first president to agree to a cognitive test (which was a good idea and he received a perfect score). For many of us who are unfamiliar with the test, I looked into it.  The test is elementary but it does have a high accuracy in detecting problems like dementia.  However, for those not familiar with the  Montreal Cognitive Assessment (MoCA), the test details are below.

Continue reading “Trump’s Test: Here Is The Montreal Cognitive Assessment”

Res ipsa loquitur – The thing itself speaks