Category: Politics

Adrift Over The Atlantic: How The President and The Press Destroyed The Ability Of The Public To Judge Scandals

Below is my column in the Hill newspaper on the recent controversy surrounding The Atlantic article on alleged comments by President Donald Trump disparaging veterans and war dead buried at Aisne-Marne American Cemetery. I have been highly critical of President Trump response, particularly his calling for the firing of a Fox reporter for confirming elements of the story.  In truth, Fox did not confirm that Trump called the dead buried at the French cemetery “losers” and “suckers.” Indeed, Fox reporter Jennifer Griffin said today that her source did not hear those references to those buried at the cemetery.  However, there are sources that have said that Trump used such terms to describe Vietnam veterans. Conversely, in an interview with CNN, the author of the article Editor-in-Chief Jeffrey Goldberg was confronted by strong rebuttals by various officials over the assertion that the cancellation of the Trump visit was due to his concern over his hair or a disparaging view of the fallen.  When asked about documents and witnesses suggesting that the cancellation was weather related as claimed, Goldberg simply seemed to shrug and say that those accounts might be true but that Trump still holds disrespectful views of veterans.  That was hardly a resounding defense of those elements of his article. Moreover, when the evidence was presented that the helicopter was grounded, Goldberg noted that the grounding is insulting to Marines who said that they can fly in any weather. However, again, that is not what the story said and it was the military that objected to flying (the issue was not that the helicopter could not fly but that it would have to fly too low for the safety of the President). The problem for many in the public is that we have lost any presumption that either the president or the press is a reliable source in such controversies. Indeed, according to polls, a majority find both untrustworthy. This is where the cost of such eroded trust are the highest. After years of lying or bias, both sides have left the public with no credible basis to know the truth in a major scandal.

Here is the column:

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New York Assistant Principal Under Fire For Video Screaming “F**K The Police”

Steven Lysenko clearly is not part of the Blue Lives Matter movement.  Lysenko was shown recently on a video screaming “F**k the Police” and other profanities. That is a common form of political expression. The problem is that, in addition to be anti-police, Lysenko is the assistant principal of Spencerport High School. As will come as no surprise to readers of this blog, I do not support Lysenko’s views but I strongly oppose those who want to discipline or fire him because of his exercise of free speech.

 

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The Second Battle of Belleau Wood: Trump Attacks On Fox Reporter Triggers Bipartisan Resistance

Scott_Belleau_WoodRepublicans from Fox’s Brit Hume to GOP Rep. Adam Kinzinger(Ill.) have rushed to the defense Fox New reporter Jennifer Griffin, who was attacked by President Donald Trump for simply confirming aspects of the recent explosive story in The Atlantic. My column this weekend discussed the article alleging that Trump has spoken in disparaging terms of our veterans and war dead. Trump called for Griffin to be fired despite other news organizations also reporting that Trump has referred to veterans as “losers” and “suckers.”  Trump seemed most upset by the fact that Griffin was saying that she “confirmed” the story when in fact she confirmed comments allegedly made about Vietnam veterans, not the specific alleged comment on war dead in France from World War I.  That is a valid point, though likely lost on most citizens who correctly view such references to veterans of any war as vile and disgraceful.  Moreover, it is outrageous for a president to call for a respected reporter to be fired for doing her job. Yet, what is most striking is how, again, Trump’s attacks only magnify the attention and damage of the story.

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Set Up or Slander: Did Pelosi Defame A Salon Owner?

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Thirty years after the late D.C. Mayor Marion Barry’s famous statement, House Speaker Nancy Pelosi declared that a Salon owner set her up in an embarrassing incident where Pelosi was shown not just violating San Francisco’s pandemic laws in getting her hair done but not wearing a mask while doing it. Pelosi refused to take responsibility for the violation (including the failure to wear a mask) and, in the tape below, only took responsibility to “failing for a set up.” She added “I think that this salon owes me an apology, for setting me up.” The Salon owner, Erica Kious, has stated that she expects to close eSalon after receiving a torrent of death threats and hostile massages after Pelosi’s allegation. The question is whether she could actually sue for defamation. Continue reading “Set Up or Slander: Did Pelosi Defame A Salon Owner?”

Steven Bannon Needs A Defense Not A Conspiracy Theory For His Federal Trial

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Below is my column on the Steven Bannon case that ran in the Washington Times.  Notably, one of the defendants indicted with Bannon is a Andrew Badolato, a person who has repeatedly assisted the government in prior cases.  While Badolato has pleaded not guilty and has a long association with Bannon, his history could raise a serious threat for defense counsel that he might cut a deal with prosecutors. In a case of this kind, a cooperating witness confirming an intent to hide transactions would be devastating to the defense. A May 24, 2021 trial date has been set though  U.S. District Judge Analisa Torres called that date “optimistic.” (Note: postings this week may be limited due to my duties in a criminal defense case).

Here is the column:

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Auburn Professor Triggers Free Speech Fight Over Anti-Police Comments

Auburn Lecturer Jesse Goldberg has triggered a firestorm over social media posting containing anti-police sentiments and other controversial comments.  The recently hired academic drew critics when, after his hire, he would not use the school’s battle cry of “War Eagle” because of the inclusion of “war.” That was however mild in comparison to later postings targeting police or declaring “Wait til M-Fers find out I’m queer and teach in goddamn heels too. They gonna get madder.”  As will come as little surprise to people on this blog, I do not believe that the university should punish Goldberg for his political and social expressions outside of school. We recently discussed such protections for a Texas A&M professor who posted anti-Trump comments.

Federal Court Rules In Favor Of Sarah Palin’s Defamation Lawsuit Against The New York Times

USDCSDNYSarah Palin is about to get all mavericky in court. Indeed, the former Alaskan governor and vice presidential candidate just might be making new law in the area of defamation. Palin’s won a major victory in a decision by Judge Jed S. Rakoff, who ruled that she could go to trial o a particularly outrageous editorial by The New York Times in June 2017.  The editorial suggested that she inspired or incited Jared Loughner’s 2011 shooting of then-U.S. Rep. Gabrielle Giffords, D-Ariz.  The case also involves a curious twist due to the involvement of James Bennet, who resigned in the recent controversy over an editorial by Sen. Tom Cotton.  I supported Bennet’s decision to publish that editorial and denounced the cringing apology of the Times after a backlash.

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CNN Analyst and Yale Lecturer Asha Rangappa Under Fire For Doxxing A Journalism Intern

200px-yale_university_shield_1svgRecently, we discussed a bizarre attack by CNN Legal Analyst and Yale lecturer Asha Rangappa on former Ambassador Nikki Haley for using her middle name.  Rangappa declared that the use of “Nikki” rather than her real first name was proof that America is racist and Haley was yielding to it.  Nikki however is Haley’s legal middle name and the Hill’s Saagar Enjeti noted it is “a Punjabi name.” Moreover, Rangappa also uses her middle name as have leaders from Mitch Romney to Boris Johnson. Now Rangappa is under fire for doxxing a young intern who wrote Yale about the incident. Twitter took down Rangappa’s tweet and the CNN Analyst then suggested that the doxxing incident was fun. Continue reading “CNN Analyst and Yale Lecturer Asha Rangappa Under Fire For Doxxing A Journalism Intern”

CNN Criticized For “Fiery But Mostly Peaceful” Reporting On Violent Protests

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Yesterday, we discussed the personal attacks against speakers at the Republican National Convention by CNN analysts, including a false attack on former U.N. Ambassador Nikki Haley. The concern is the increasingly personal attacks against anyone who seems to counter a narrative in the media. That adherence of a story line was evident in a much ridiculed graphic from last night where CNN national correspondent’s Omar Jimenez was reporting live from Kenosha, Wis. with a raging fire in the background over a chyron reading, “FIERY BUT MOSTLY PEACEFUL PROTESTS AFTER POLICE SHOOTING.”  Not to get “all mavericky,” but claiming these protests are  “fiery [but] peaceful” seems a tad oxymoronic.

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”Nobody Outside of the Beltway Really Cares”: The Trump Administration Faces New Allegations Of Hatch Act Violations [Updated]

donald_trump_president-elect_portrait_croppedPresident Donald Trump has always demonstrated an almost mocking disregard for the Hatch Act, the 1939 law barring officials from using their official powers or positions to engage in partisan political activities. It is a core protection of good government but it has been primarily honored in its breach in this Administration, including violations by top White House staff that were barely acknowledged, let along addressed, by the President. The White House now faces a series of alleged violations over events and speeches used at the Republican National Convention. Mark Meadows, President Trump’s chief of staff responded that, while no one should violate federal law, ”Nobody outside of the Beltway really cares.” No statement better captures the culture at the White House in erasing the line of separation between official and political work by executive branch officials.

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CNN Analysts Unleash Personal Attacks On RNC Speakers In Twitter Storm

This-is-cnn-We have previously discussed the case of former Covington Catholic High School student Nick Sandmann who was repeatedly and falsely called a racist in an encounter with a Native American activist in front of the Lincoln Memorial. Various media organizations have apologized or settled cases with Sandmann for their unfair coverage, including CNN. However, when Sandmann spoke at the Republic National Convention, CNN’s political analyst Joe Lockhart again attacked him personally after he criticized how the media got the story wrong.  CNN’s Jeff Yang also attacked the teenager and even suggested that his speech proved that he was not innocent. Fellow CNN analyst Asha Rangappa attacked former United Nations Ambassador Nikki Haley as yielding to a racist America for not using what Rangappa suggested was her real name as opposed to “Nikki.” It turns out that Nikki is her lawful middle name and the Hill’s Saagar Enjeti noted it is “a Punjabi name.” That however is an appeal to reason not rage which seems to have little place in our national discourse or media coverage.

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Texas A&M Professor Under Investigation For Anti-Trump and Anti-Republican Postings

download-1Texas A&M anthropology professor Filipe Castro has triggered a firestorm of controversy after postings calling President Donald Trump a “fat klansman” and saying that is a “good thing” that Rep. Louie Gohmert (R-Texas) contracted Covit-19. The Texas A&M Board of Regents issued a statement condemning the statements which is fine.  However, there is also an investigation that raises free speech concerns over a faculty member being able to express political views — even highly offensive views — outside of his teaching responsibilities or role.

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Pelosi Accuses Trump and Colleagues Of Defining Domestic Enemies

220px-nancy_pelosiI have previously condemned both sides in our raging politics for labeling their opponents as “traitors,” “terrorists,” and “enemies.”  That overheated rhetoric is continuing this week with Speaker Nancy Pelosi calling not just President Trump but her own congressional colleagues “enemies of the state.” I have been highly critical of President Trump in his use of such language. I also have long been critical of Pelosi’s conduct as Speaker, including her ripping up the State of the Union. This attack is particularly egregious from a sitting Speaker who represents the body as a whole. If we cannot agree on condemning even this language, we have lost any sense of decorum or decency in our public debate.

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Biden Should Reject The Harris-Yates Model of Justice

440px-Kamala_Harris_Official_Attorney_General_Photosally_q-_yatesBelow is my column in the Hill newspaper on what stood out in the Democratic National Convention in terms of the future for the Justice Department under a possible Biden Administration. I have been highly critical of President Donald Trump’s treatment of the Justice Department and his disregarding of the principles of separation of the White House from ongoing investigations. Critics however often seem to embrace the seem disregard for core, defining principles of legal process. Highlighting the message of Sally Yates and Kamala Harris on justice issues is discomforting for those of us who want to see the Justice Department’s independence and objectivity respected and reinforced.

Here is the column:

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Res ipsa loquitur – The thing itself speaks