Category: Politics

Gambino-Lite: Accusing Trump Of A Half-Truth Does Not Constitute A Whole Crime

donald_trump_president-elect_portrait_croppedBelow is my column in The Hill Newspaper on the most recent allegation of criminal conduct by President Donald Trump or his family.  Added to the ever-lengthening list of clear crimes is now witness tampering despite the fact that it does not come close to any prior definition of that crime.  Both Professor Lawrence Tribe and CNN Legal Analyst Norm Eisen (Eisen previously said that Trump’s conversations with James Comey could constitute witness tampering) have claimed that Trump’s dictating or contributing to the statement of his son, Donald Jr., on the Russian meeting establishes the basis for such a charge.  I obviously disagree.

Here is the column.

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Lawsuit Alleges That Trump Personally Pushed Seth Rich Story That Was Later Retracted By Fox News

download-4A lawsuit has been filed by Rod Wheeler, a former Fox contributor, that alleges that Fox News Channel and Ed Butowsky, a wealthy Trump supporter (who hired Wheeler to investigate the murder — a story involving the alleged murder of the Democratic National Committee aide.  The bombshell part of the complaint is an email that states that President Donald Trump wanted the story to air to distract from the Russian investigation.

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DEA Head Repudiates Trump’s Comments Encouraging The Abuse Of Suspects

Chuck_RosenbergIn a remarkable departure from his own Chief Executive, the acting head of the Drug Enforcement Agency Chuck Rosenberg has repudiated the remarks of President Donald Trump that encouraged law enforcement officers to abuse criminal suspects.  We previously discussed those irresponsible remarks.  While the White House dismissed questions from reporters by saying that the President was just joking, it did not explain why the President would think it was funny to harm suspects or what message such a joke sends to law enforcement after assuring them that “we have your back.”  Rosenberg told DEA officers that the President was condoning police misconduct and that he would not.

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Trump Claims Chief Boy Scout Declared His Speech To Be “The Greatest Speech Ever Made”

280px-Boy_Scouts_of_America_corporate_trademark.svgdonald_trump_president-elect_portrait_croppedPresident Donald Trump has been widely criticized for his breaking an 80-year-old tradition in making political comments at the Boy Scouts National Jamboree in West Virginia.  When asked about the controversy, however, Trump refused to apologize and instead said that there were no “mixed” views at the event.  Rather, he said that the head of the Boy Scouts called him and told him it was “the greatest speech that was ever made to them.”  That comment left many scratching their heads since the Boy Scouts apologized to parents for the Presidents speech and said yesterday that they are unaware of any such telephone call.

 

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Montclair Professor Calls For Trump To Be Killed

download-1Women’s Studies Professor Kevin Allred at Montclair State University is back in the news.  Allred previously attracted national attention (while on the Rutgers faculty) after he was reportedly ordered to go through a psychiatric evaluation after students “felt threatened” by him following Trump’s election.  Now, Allred (who teaches a course on Beyonce) posted a comment that he hoped someone would kill Donald Trump.  As should come as little surprise to many who know my view of the First Amendment, I view this statement as protected speech and hyperbolic.  However, it was reckless, hateful, and worthy of condemnation.

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Wash Post: Trump Personally Dictated Misleading Public Statement Of Trump Jr. On Russian Meeting

 

220px-Washington_Post_buildingdonald_trump_president-elect_portrait_croppedThe Washington Post is reporting that President Donald Trump personally dictated the misleading statement issued by Donald Trump Jr. about his meeting with a Russian leader — a meeting that was expressly set up to received damaging information from the Russian government on Hillary Clinton.  The report that the President became personally involved in the statement — which inaccurately portrayed the meeting — is yet another example of an operation that has stumbled through scandal after scandal.  Where most Administrations would have actively insulated the President from any role in the statement, Trump directed events and dictated the four-line statement that would be issued by his son.

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Trump’s “Favorite” Poll Shows Sharp Decline in Support With 61 Percent Disapproval

donald_trump_president-elect_portrait_croppedRasmussen’s daily Presidential Tracking Poll was often been cited by  President Donald Trump as his favorite poll.  Rasmussen is viewed as right-leaning and has generally shown Trump with higher polls than other polls.  The most recent poll however shows a sharp decline in support for Trump with 61 percent of likely voters now disapproving of Trump’s performance as president.

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The Health Care Debate We Should Be Having-Part One

By Mike Appleton, Weekend Contributor

“We’re going to have insurance for everybody. There was a philosophy in some circles that if you can’t pay for it, you don’t get it. That’s not going to happen with us. . . . It will be in a much simplified form. Much less expensive and much better.”

-President-elect Donald Trump, Washington Post (January 15, 2017)

Even if one supports the Affordable Care Act, there was nothing satisfying about watching the legislative circus over repeal and replacement unfold in the Senate over the past few weeks. To an outsider the entire process appeared disjointed and at times almost incoherent. It became increasingly impossible to fathom what Senate Republicans were trying to accomplish. So when the final effort, an eight-page bill apparently drafted over lunch, was rejected in a 51-49 vote, the most appropriate emotional response was neither elation nor disappointment, merely exhaustion.

Efforts to lay blame for the debacle have already begun, of course. Reince Preibus has been summarily booted from the White House and the three Republicans who defied Mitch McConnell by voting against the so-called “skinny” repeal bill have been castigated by the right. But it would be wrong to think that there isn’t a way forward. That first requires that we dispel several misconceptions. Continue reading “The Health Care Debate We Should Be Having-Part One”

Scaramucci’s Profane Tirade Is No “Italian Thing”

scaramucciBelow is my column in USA Today on the profane and shocking statements by the new White House Communications Director Anthony Scaramucci.  The staements were later defended as “an Italian thing.”  The suggestion was that this was just a form of Italian venting.  It was not.  First, as someone raised in a Sicilian family, I would not have been able to sit for a month if I ever spoke like that to anyone.  Indeed, we just celebrated the 90th birthday of my mother, Angela Piazza Turley,  in Chicago. If she read such statements by me in the press, I would have been met with a cane at the door.  Second, this was not venting. It was raving and seriously undermined both Scaramucci and the Administration.

Here is the column:

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Going Full Springer: Scaramucci’s Tirade Sends White House Staff And GOP Members Scrambling For Cover

White House communications director Anthony Scaramucci on Thursday  has left the Trump Administration staggering around Washington with no one clearly in control of the staff and, ironically, an increase in leaks about Scaramucci and fears of the President’s staff.  In the meantime, the crude comments of Scaramucci have undermined any effort of the White House to convey strength after the stinging defeat of the “skinny” health care bill.  With Republicans in open revolt, the Scaramucci controversy conveys a team in disarray and division. This was the worst possible time to go full Jerry Springer.

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Boy Scouts Apologize To Parents For Trump’s Jamboree Speech But White House Declines To Apologize


Many were surprised — and a bit saddened — to hear President Donald Trump give a highly partisan speech at the National Scout Jamboree.  For roughly 80 years, Presidents have avoided political speeches at the event. That tradition was shattered in a big way by Trump on Monday before 40,000 scouts.  Now the Boy Scouts of America has issued a formal apology to all of the parents about the content of Trump’s speech — a stinging rebuke for the President.  The White House responded by refusing to apologize from the departure of 80 years of precedent.

 

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The Doomsday Scenario: How Replacing Sessions Could Trigger A Cascading Series Of Unfortunate Events

Superman_Doomsday_logojeff_sessions_official_portraitBelow is my column in USA Today on the possibility of a “Doomsday scenario” where President Donald Trump first fired (or forces the resignation) of Jeff Sessions and then moves to fire Special Counsel Robert Mueller.  That scenario was reinforced yesterday with reports that Trump has discussed firing Sessions and giving a recess appointment to his successor — the very scenario laid out earlier in this column.   In addition, Trump blasted Sessions again yesterday — this time criticizing him for not replacing Acting FBI Director Andrew McCabe, whose wife ran for office in Virginia in 2015 and received large contributions from the Democratic Party.   

Trump’s unrelenting criticism of Sessions is occurring at the same time as new leaks about his discussing not just a replacement but a recess appointment — something the Democrats have vowed to prevent.  The question is whether some Republicans might join in that effort to prevent the type of Doomsday scenario laid out in this earlier column.

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Judge Richard Posner Declares Support For Supreme Court Expansion Proposal

I have previously discussed the legendary career of Judge Richard Posner of the United States Court of Appeals for the Seventh Circuit.  Widely viewed as the father of Law and Economics, Posner remains one of greatest influences on American jurisprudence in the history of this country.  I have long been a great admirer of his work and teach his theories as part of my torts course.  It is for that reason that I was delighted when my co-counsel sent me the interview below where Judge Posner expressed support for the proposal that I have advanced for many years to reform the Supreme Court.  Posner agrees with the proposal to expand the Supreme Court to nineteen members.

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Trump And The Epiphany of Clarity: The Case For And Against Self-Pardons

donald_trump_president-elect_portrait_croppedBelow is my column in the Hill Newspaper on the continuing debate over the constitutionality of self-pardons.  While I view this question as a close one, I do not agree with commentators like Brookings Fellow Norman Eisen that any claim that a president can self-pardon is “absurd.”  To the contrary, I believe that Trump would have a 50-50 chance in any challenge.

Of course, the first challenge to working out the merits of such arguments would be securing judicial view. In case like Ex Parte Garland (1866), the Supreme Court has previously treated the pardon power as largely unfettered and political in natural – a power that can be used for any federal offense before, during or after a prosecution. It is not something ordinarily subject to judicial review. It is possible that a federal prosecutor could seek to bring a charge and force a court to rule on a motion to quash an indictment based on a prior self-pardon.  A decision could easily go either way on this type of close and intractable question.

Here is the column:
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Wasserman Schultz Aide Arrested Allegedly Trying To Flee The County After Fraud Charge

Wasserman SchultzRep. Debbie Wasserman Schultz (Fla.), the former Democratic National Committee chairwoman, has been under intense criticism over her retention of Imran Awan as a technology aide.  While other members severed connections to Awan after he was accused of wrongdoing months ago, Wasserman Schultz retained him.  He has now been arrested at Dulles International Airport in an alleged attempt to flee the country.

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