Category: Politics

Congress, Media, Politics

Pelosi Claims “Tremendous Mandate” Despite House Losses And Ongoing Vote Count
Speaker Nancy Pelosi has announced her campaign to be reelected Speaker of the United States House of Representatives despite losing seats against one of the least popular presidents in history. This is not the first such loss for Pelosi who remains one of the most polarizing and unpopular figures in American politics. Pelosi claimed that former Vice President Joe Biden was not only already the “President-Elect” but insisted that she and Biden had a “tremendous mandate” despite the election blows in the House and the close presidential election. She insisted that she is “part of that mandate” from the American people.
Columns, Constitutional Law, Politics, Society

What Happens In Vegas May Not Stay In Vegas: Why The Nevada Challenge Could Be Important To The Presidential Election

It turns out that some things that happen in Vegas may not stay in Vegas . . . like voting. The Republican Party in the Silver State is now arguing that thousands of votes in the close presidential election were cast by workers who moved out of the state or even by deceased individuals. Various voters reported their deceased relatives receiving live ballots in the mail. Now, the Nevada Republican Party has sent a criminal referral to the Justice Department alleging at least 3,062 instances of voter fraud in the battleground state. The referral is substantially less than the “10,000” referenced earlier but the underlying allegation is still important. The early concern for many of us was that the system established in Clark County would be difficult to review for violations due to how the tabulation was handled and the record preserved.  Continue reading “What Happens In Vegas May Not Stay In Vegas: Why The Nevada Challenge Could Be Important To The Presidential Election” →

Columns, Constitutional Law, Politics, Society

“It Costs A Lot Of Money To Look This Cheap”: America Continues To Struggle With Dysfunctional Elections

Below is my column in the Hill on continuing controversies over vote counting in states like Nevada and Pennsylvania. Some of these challenges are based on the resistance to monitors and observers in states like Pennsylvania. It is mystifying why Pennsylvania is fighting so hard against such access. The litigation is only fueling suspicions of wrongdoing as the vote balance shifts dramatically. The problem is that a court could ultimately agree that the officials violated state laws but declare such challenges as effectively moot since the vote counting is largely completed. For other challenges, the litigants will need to convince a court that the number of impacted ballots could be “outcome determinative” for the electoral votes.  Otherwise, it could be treated as immaterial to the outcome.  Those challenges need to be made and supported without delay. Time works to the advantage of the party protecting a lead.  As it stands, the allegations of systemic violations is still to be made by the Trump campaign. Absent real evidence, Joe Biden has a clear path to 270 electoral votes and the White House.

Here is the column:

Continue reading ““It Costs A Lot Of Money To Look This Cheap”: America Continues To Struggle With Dysfunctional Elections” →

Columns, Politics

Contested Election: The 2020 Election Has Proven A Target Rich Environment For Challenges

Below is my earlier column in the Hill on the issues that we are following in the various states.  Many of these issues are now being litigated on the deadlines and conditions for voting. We are still seeing challenges over the voting and now over the counting.  We will be moving to the next phase from counting to keeping votes. Even if a state is declared for a candidate, there will be recount and challenges.  Recounts historically have no resulted in substantial changes with the exception of the Florida recount in 2000 where there were serious problems in the design of ballots and intent of voters.  There remain however categorical challenges like the one kicked back by the Supreme Court in Pennsylvania.

Here is the column:

Continue reading “Contested Election: The 2020 Election Has Proven A Target Rich Environment For Challenges” →

Bizarre, Media, Politics, Supreme Court

Injudicious: Pelosi Calls Barrett “Illegitimate” As MSNBC’s Joy Reid Calls Thomas “Uncle Clarence”

The sobering election results do not seem to have altered the heated rhetoric from Democratic leaders or media figures. Speaker Nancy Pelosi, who oversaw another loss of seats in the House, lashed out at Justice Amy Coney Barrett as “illegitimate.”  MSNBC’s Joy Reid once again triggered outrage with a reference to Justice Clarence Thomas as “Uncle Clarence” — a clear reference to the racial slur of being an “Uncle Tom.”  There was no outrage in the media which has previously criticized President Trump for attacks on jurists.

Continue reading “Injudicious: Pelosi Calls Barrett “Illegitimate” As MSNBC’s Joy Reid Calls Thomas “Uncle Clarence”” →

Media, Politics

Reality Check: How Trump Found Success In The Media’s Failure

With the unfolding contested election, the only clear conclusion is the uniform polls declaring Joe Biden with commanding leads nationally and in states like Wisconsin were laughingly false.  It appears that pollsters at newspapers like the Washington Post (which gave Biden a 17 point lead in Wisconsin on Election Day) have succumbed to the same pressures of echo chamber journalism as their journalistic counterparts.  Polls on NBC, CNN, and the major newspapers all gave the same reassuring message that only a hardcore group of knuckle-dragging racists were left supporting Donald Trump. It has been a conversation with themselves in an echo chamber of unrelenting negative coverage.  That narrative crashed and burned last night.  As I noted today, if Trump is reelected, he will have the mainstream media to thank.

Continue reading “Reality Check: How Trump Found Success In The Media’s Failure” →

Free Speech, Politics

Twitter Doubles Down On Censorship With Renewed Warnings On Trump Tweets

Twitter LogoWe have been discussing the rising private censorship on the Internet demanded by Democratic leaders and meted out by companies like Twitter and Facebook.  The original purpose of the Internet as a free and robust space for political and social expression is under attack as politicians demand greater levels of control to combat “disinformation.” Indeed, Biden adviser Pete Buttigieg on Election Day demanded more penalties for companies not stopping “inciting material,” a subjective term left intentionally undefined. This drumbeat for censorship was amplified on Election Day when Twitter again hit tweets from President Donald Trump with warnings of disinformation. The tweets were pure political speech and Twitter again showed that it is now fully committed to biased regulation of speech between users of its service. Continue reading “Twitter Doubles Down On Censorship With Renewed Warnings On Trump Tweets” →

Columns, Media, Politics, Society

Election Rioting: How Violence Became A Forecastable Event In America
US Government photo

Below is my column from Fox.com on the boarding up of downtown areas across the country in anticipation of election rioting if Trump wins or the election is close.  I have been long critical of both sides in fueling the anger and conspiracy theories on both sides. On the Republican side, President Donald Trump has been denouncing mail-in voting as a Democratic conspiracy to steal the election. On the Democratic side, leaders have been telling voters that there is no legitimate way for Trump to win.  The fact that our leaders are trying to use such anger and fears is reprehensible. However, none of that excuses those people who believe that they have license to riot, loot, and burn. These are criminal acts being excused as “protests.” We now prepare for rioting like it is a natural result of contested elections.

Here is the column:

Continue reading “Election Rioting: How Violence Became A Forecastable Event In America” →

Constitutional Law, Politics, Society

Court Rules California Governor Gavin Newsom Violated Constitution With Pandemic Orders

We recently discussed how the Michigan Supreme Court ruled that Gov. Whitmer violated the state constitution — a decision repeatedly misrepresented by both Whitmer and major media figures. Now a California judge has ruled that California Gov. Gavin Newsom’s (D) executive pandemic powers on the election violate that state’s constitution. These rulings are notable in that the media has portrayed those opposing such powers as raising frivolous, if not laughable, challenges. There are other cases that support Newsom but this is the second judge to rule against him. The result of the order will not change the current election rules but it is indicative of a trend on pandemic orders.

Continue reading “Court Rules California Governor Gavin Newsom Violated Constitution With Pandemic Orders” →

Media, Politics

Scarborough: We Will Not Air Any Trump Victory Speech Tuesday Night

There was an interesting moment on Monday as the hosts and guest on MSNBC’s “Morning Joe” were discussing the coverage of the election. Willie Geist raised the possibility that President Trump could declare victory on election night before all the votes have been counted. Joe Scarborough responded that NBC would simply make a Twitter-like determination and not carry the speech. It would not be treated as obvious news but rather “disinformation” . . . regardless of what has transpired on election day.

Continue reading “Scarborough: We Will Not Air Any Trump Victory Speech Tuesday Night” →

Columns, Constitutional Law, Free Speech, Media, Politics

The Case For Internet Originalism

Twitter LogoBelow is my column in The Hill on Twitter’s adoption of a “living Internet” approach to censorship policies. Notably, at the recent hearing before the Senate, Democratic Senators demanded more censorship despite the Big Tech CEOs admitting that the blocking of the Hunter Biden story was a mistake. Twitter and Facebook responded within days with new attacks on free speech in barring conservative viewpoints from a Republican women’s group and one of the highest Trump Administration officials.

Here is the column: Continue reading “The Case For Internet Originalism” →

Constitutional Law, Politics, Supreme Court

The Empire Strikes Back: Do Cuomo’s Covid-19 Guidelines Take The State Moniker Literally?

While the origin of the nickname has been hotly debated, many trace back New York’s moniker as “The Empire State” to a comment attributed to George Washington who observed that the state’s key geographic advantages smacked of the “Seat of an Empire.” After reading the new guidelines issued by Governor Andrew M. Cuomo for out-of-state travelers, one could easily conclude that he was taking the state nickname literally.  Outsiders are subject to restrictions akin to traveling to another country. The question is whether those limitations will withstand judicial review. It could prove a close question on a couple of specific conditions.

Continue reading “The Empire Strikes Back: Do Cuomo’s Covid-19 Guidelines Take The State Moniker Literally?” →

Free Speech, Media, Politics

Twitter Blocks Customs and Border Head Days After Democrats Demanded More Censorship

Customs and Border Protection Shoulder PatchTwitter LogoMy column in The Hill discusses the call of Democrats for greater censorship on the Internet. As someone who was raised in a liberal Democratic family in Chicago, I am still mystified by the conversion of the Democratic Party into an anti-free speech party, including demands for limiting speech on the Internet and social media.  Yet, days after various Democratic Senators called for greater censorship from big tech companies, Twitter added another attack on free speech with the blocking of the account of acting Customs and Border Protection (CBP) Commissioner Mark Morgan. Morgan had tweeted on the success of new wall installed around the Southern Border. Continue reading “Twitter Blocks Customs and Border Head Days After Democrats Demanded More Censorship” →

Bizarre, Free Speech, Politics

Turkey Flips Out Over Charlie Hebdo Cartoon

By Darren Smith, Weekend Contributor

Lion RoaringThe power of the cartoon seems to rival that of a division or more of soldiers, an economic boycott, or even a well-funded bribe. It only took one such cartoon to enrage Turkey such a degree that it effectively caused a worsening of diplomatic relations with France. We have to wonder what is more significant in these interesting times: the strength wielded by a free press satire newspaper, or how easily a dictator can be manipulated as a result of his unchecked ego and power.

The row between nations stemmed from a rather risque cover on the Charlie Hebdo newspaper of October 28th, 2020. A caricature depicts a randy, lecherous looking President Erdoğan sitting in his underwear upon an armchair while lifting the hijab of a laughing woman to expose her bare buttocks. The Turk seemingly takes delight in this, saying “Ouuuh! Le prophète!” A caption reads: “Erdogan dans le privé, il est très drôle” (A possible translation is “Erdoğan in the private sector, he is very funny.” )

Turkey and its president released the Kraken of its bureaucracy, prosecutors, and diplomats to counter the Charlie Hebdo cartoon threat, with his Communications Directorate proclaiming, “Our people should have no doubt that all necessary legal and diplomatic steps will be taken against the caricature in question. Our battle against these rude, ill-intentioned and insulting steps will continue until the end with reason but determination.”. Erdoğan’s communications director Fahrettin Altun wrote “Macron’s anti-Muslim agenda is bearing fruit! We condemn this most disgusting effort by this publication to spread its cultural racism and hatred.” Yet not to be outdone or outshined by his own underlings, President Erdoğan was more succinct and measured in his learned analysis, voicing a week ago that French President Macron ‘needed a mental health check’ for his pledging to defend secular values and fight radical Islam, prompting France to recall its ambassador.

Erdoğan could add to that mountain of wisdom by lending an ear to his cohort Saddam Hussein who during trial proceedings memorably orated, “The lion does not care about a monkey laughing at him from a tree.” and just let it go.

Continue reading “Turkey Flips Out Over Charlie Hebdo Cartoon” →

Columns, Constitutional Law, Media, Politics, Society, Supreme Court

Democrats Threaten Retaliatory Actions To Add Or Remove Justices On A “Court Out Of Whack”

Below is my column in The Hill on the call for Justice Amy Coney Barrett to recuse herself or be impeached. The call for recusal is indicative of demands and threats that are becoming more unhinged by the day.  Whether it is adding or impeaching justices, the Democrats are yielding to the same 30 percent of irate and increasingly irrational voters in their base.  What is concerning is the utter lack of responsible voices from the party to counter this retaliatory impulse or to defend the institution of the Court. Instead, former Vice President Joe Biden’s declaration that the Court is “out of whack” now means that many Democrats are out to whack either the Court or its members.

Here is the column:

Continue reading “Democrats Threaten Retaliatory Actions To Add Or Remove Justices On A “Court Out Of Whack”” →