Category: Politics

Welcome To China Town: Manafort Challenge The Scope of the Special Counsel investigation

Chinatownposter1Below is my column in the Hill newspaper on the filing by Paul Manafort challenging the scope of the Special Counsel investigation.  Manafort’s filing of a civil action is quite telling in this circumstance.  As a criminal defendant, he can challenge the basis for the charges.  This seems like an effort to make a public case with little likelihood of legal success.  However, the public tends not to be particularly sympathetic with accused felons complaining that they were arrested by the wrong cop.  It is true that Manafort would likely not have been charged absent the Special Counsel investigation.  However, that is like complaining about the weather in Washington.

Here is the column:

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Judge Dismisses Bundy Case With Prejudice After Finding of Extensive Unethical Conduct By Federal Prosecutors

600px-US-DeptOfJustice-Seal.svg DOJAnother major case has been thrown out due to prosecutorial abuse by the United States Department of Justice.  We have previously discussed cases where federal prosecutors have withheld evidence and filed false or misleading statements to the court.  Now,  U.S. District Court Judge Gloria Navarro has issued a dismissal with prejudice against the Justice Department in the case against Cliven Bundy and his sons due to what Navarro describes as flagrant and knowing violations of professional ethics and federal law by the Justice Department.  In past cases, the Justice Department has shown little commitment to discipline, let alone terminate, anyone for the violations (or the waste of millions of dollars).  In this case, however, Attorney General Jeff Sessions has called for a review of the case.

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Belize Permanently Stops All Drilling To Protect Ocean

Belize_Barrier_Reef_from_space.pngThe opening of ANWAR to drilling by President Donald Trump was a major loss for environmentalists.  My views in favor of preserving such areas are well known.  However, the opening up of the entire coastline of the United States has angered even Republican governors and politicians.  The position of the White House is that the drilling is too valuable to pass up, but now tiny Belize has shown the alternative view: the nation has permanently suspended oil operations in its ocean waters to protect the ocean.

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Trump Again Suggests U.S. Libel Laws Need To Change

Freedom_of_Speechdonald_trump_president-elect_portrait_croppedWe previously discussed the erroneous portrayal of U.S. defamation laws by President Donald Trump.  Trump has complained previously about the inability to sue his critics due to the protections recognized in the First Amendment.  He has returned to that theme at Camp David this weekend and criticized our libel laws as too protective and restrictive. These comments were made in the wake of the failed effort of Trump to prevent the publication of the Michael Wolff’s book Fire and Fury: Inside the Trump White House.  As discussed earlier, the threats made by Trump’s lawyer were facially weak, if not meritless, in claiming defamation. That was not a problem of our libel laws.  The statements by Steven Bannon leading to the notice letter were clearly opinions and protected under even the weakest defamation law.

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Poll: Sixty-One Percent Of Americans Favor Legalization Of Marijuana

jeff_sessions_official_portraitThe decision of Attorney General Jeff Sessions to rescind the Obama policy allowing states to legalize marijuana without federal interference has caused a firestorm of controversy, including an array of irate Republicans. As we have been discussing, recreational and medical marijuana is now a multi-billion dollar industry that is pouring tax revenues into states.  More importantly, it is very popular and it is becoming more so by the day.  Indeed, there is now an overwhelming majority of Americans who want to see pot legalized and taxed.  A new Pew poll shows not only 61 percent of people supporting legalization but an overwhelming number of Republicans in every age group except the oldest voters.  For that reason, the decision of Sessions to open up this new political front could cost an already besieged GOP in retaining its control of Congress. At a minimum, it threatens to drive a wedge between the GOP and the young voters — a voting bloc desperately needed in 2018 and 2020.  Some members are grumbling that they were already fearing the loss of one or two houses before this decision.  The new policy will only make it that much harder to retain the majority in Congress.  Moreover, various GOP members have denounced the Administration for breaking a promise made by Trump to let states make these decisions.

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NYT: Trump Tried To Stop Sessions From Recusal

donald_trump_president-elect_portrait_croppedThe New York Times is reporting that Special counsel Robert Mueller has confirmed that  President Donald Trump took the extraordinary step of ordering White House counsel Don McGahn to Attorney general Jeff Sessions to prevent him from recusing himself in the Russian investigation.  I was one of the earliest voices calling for Sessions to recuse himself and continue to believe that he made the right decision not only for himself and the Justice Department but Trump.  The account in the Times states that Trump was irate at hearing that Sessions would follow the advice of his ethics advisors and recuse himself. He allegedly asked why he does not have an Eric Holder or Roy Cohen to protect his interests. If true, it was a grossly inappropriate decision and an even more worrisome analogy. I have been a long critic of Holder and his highly political tenure at the Justice Department.  As for Roy Cohen, he is one of the most reviled and disreputable figures in history.  It would be akin to a CEO asking where is his Bernie Madoff to protect profits.  The accounts is based on two sources that are anonymous and we have not heard from the President.  Obviously, McGahn could also deny the truth of the story but we have not heard from either McGahn or Trump’s personal counsel.

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Finally . . . Roy Moore Sued For Defamation

Judge_Roy_MooreSince the first allegations (and denials) in the Roy Moore allegations surfaced, I have speculated on when either Moore or one of the women would sue. As I discussed recently, Moore had promised to sue for defamation but he thus far failed to keep that promise.  Similarly, Gloria Allred has been blustering about lawsuits without filing on behalf of her clients.  Now, however, one of the women has sued and we may be able to get some answers under oath for the first time in the scandal.  Leigh Corfman accused Moore of molesting her when she was 14 and he was in his 30s. She has now filed in court.  The only thing that has been abundantly clear in this controversy is someone is lying.  It is time to try to find out who that is.

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Is Comey’s Culpability A Simple Question of Math? Senate Presses Justice Department On Classification of Memos

440px-Comey-FBI-PortraitI have previously expressed my skepticism over the claims of James Comey that he had a right to remove memos from the FBI and leak them to the media through a friend.  As I have previously written, Comey was in clear violation of FBI rules and may have knowingly removed classified material.  According to Senate Judiciary Committee Chairman Chuck Grassley, there is growing evidence to suggest that Comey not only violated FBI guidelines (which is clear) but that he violated federal law in the removal and disclosure of classified material.  Indeed, it may come down to simple math.  Four of the memos that Comey removed are now believed to be classified.  He reportedly gave four memos to his friend to leak to the media.  That would suggest that at least one memo given to Columbia University Professor Daniel Richman was classified.

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Fordham Sued By Students Over Refusal To Recognize Pro-Palestinian Group

162px-Fordham_sealThere is an interesting controversy brewing at Fordham University, which has been sued by students over the failure of the school to recognize their pro-Palestinian group.  The group is called the Students for Justice in Palestine and the university overturned the student government in recognizing it.  Fordham has fought the students for more than two years.  Now that the university is in court, it has made a curious offer: it will recognize the group if they use a name other than “Students for Justice in Palestine.”

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Trump Lawyer Hits Author With Cease and Desist Letter Over Bannon Comments

download-1donald_trump_president-elect_portrait_croppedAttorney Charles Harder has issued a “cease and desist” letter on behalf of his client President Donald Trump. The letter is addressed to author Michael Wolff and the president of the book’s publisher, but is clearly putting Steve Bannon on notice of a possible defamation action for his statements in the forthcoming book, “Fire and Fury: Inside the Trump White House.” The letter alleges violation of confidentiality rules and defamation in the forthcoming book, “Fire and Fury” by Michael Wolff.   The threat of legal action is highly dubious and the suggestion of a prior restraint order or injunction would go against decades of precedent.  It also leaves the worst possible optics of trying to stop the release of a book (and suggesting that Bannon is releasing bona fide confidential information).

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DNC Deputy Chair Gives Shout Out To Antifa

DSpO0wSXcAMPvjwI have previously written about my objections to Antifa and its anti-free speech values, including academics legitimizing efforts to violently curtail free speech on our campuses.  Germany has banned an Antifa website as an extremist organization.  That has not stopped Rep. Keith Ellison, D-Minn., the deputy chair of the Democratic National Committee, from posing with the handbook of the Antifa movement and giving the group a proud shout out.  As Democrats seek a new identity and purpose after the debacle with Hillary Clinton, this is a worrisome signal.  The Democrats will hand over another election if they simply try to run on being anti-Trump and pro-Antifa.

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Bush Ethics Lawyer: Trump’s Nuclear Button Tweet Is Sufficient For Removal

donald_trump_president-elect_portrait_croppedI have previously written about the reckless claims of commentators and congressmen for the impeachment or removal of President Donald Trump.  Some based these calls on tweets posted by Trump, including comments on the NFL protests.  When calls for impeachment began to wane, many turned to the 25th Amendment.  Now, the former ethics lawyer to President George W. Bush Richard Painter has declared that Trump can be removed on the basis for removal under the 25th Amendment — a dangerous and unsupportable interpretation of the constitutional standard.

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German Politician Blocked On Social Media Placed Under Criminal Investigation Under New Hate Speech Law

Coat_of_arms_of_Germany.svgFor free speech advocates, there was another chilling development last week in the expanding censorship of social media and the criminalization of speech in the West.  The government is investigating Beatrix von Storch (the deputy leader of far-right party AfD) for a tweet posted on New Year’s Eve in which she accused police of appeasing “barbaric, gang-raping Muslim hordes of men.”  The statement was barred on Twitter and Von Storch and others were barred on Twitter and Facebook. Once again, raising the free speech concerns is not an endorsement of such offensive posts. Rather, the Germans have taken their controversial speech regulations and have extended them to social media — forcing these companies to become active players in the censoring of political speech.  People may have no objection (and even relish) the crackdown on the AfD but the implications for speech is far greater than these individuals.

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A Year Later, An Investigation In Search Of A Crime

donald_trump_president-elect_portrait_cropped440px-Director_Robert_S._Mueller-_III-1Below is my column in The Hill newspaper on the status of the Russian investigation and a look back at the various crimes alleged over the year.  A brief search of mainstream media found roughly 5000 stories referring to “bombshell” developments. However, the status has changed little over the year.  That could, of course, change.  We do not know what Special Counsel Robert Mueller had in terms of new evidence.  That did not stop many from declaring conclusive evidence supporting charges over the year despite the paucity of evidence.  While we have had four indictments or pleas, but the charges are been notably removed from the core purpose of the Russian collusion investigation.  The point of the column is not that new charges are unlikely but that there is little public evidence supporting such charges at the end of 2017.  CNN reported yet another “bombshell” discovery this week: George Papadopoulos told an Australian diplomat that Russia had “political dirt” on Hillary Clinton in May of last year.  However, there has to be more than knowledge of such hacking (or even a desire to use the results of hacking) to support even a collateral criminal charge. We could certainly reach that point in 2018 but the evidence remains sketchy on specific criminal acts tied to Trump or his closest aides related to Russia.

Here is the column:

 

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Indiana Legislation Would Require NFL Teams To Refund Tickets Over Anthem Protests

Milo_Smith196px-National_Football_League_2008.svgLike many football fans, Republican Rep. Milo Smith is fed up with the protests by NFL players during the anthem.  However, while many fans are staying away from games (setting record low attendance numbers), Smith wants to require NFL owners to reimburse fans who object to the protests.  While I have expressed my own opposition to any demonstrations during the national anthem, I have previously stated that the ultimate decision rests with the team owners.  Like any business owner, a NFL owner can insist that employees refrain from protests during employment hours and activities.  However, this legislation would raise serious legal concerns and would likely not survive a legal challenge.

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Res ipsa loquitur – The thing itself speaks