Category: Politics

New York Times Reporter Who Denounced Paper For Cotton Editorial Under Fire For Advancing Absurd Conspiracy Theory

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New York Times Magazine reporter Nikole Hannah-Jones was one of the journalists who denounced the New York Times for publishing the views of a conservative U.S. Senator on the use of troops to quell rioting in U.S. cities.  Hannah-Jones applauded the disgraceful decision of the Times to apologize for publishing such an opposing viewpoint and denounced those who engage in what she called “even-handedness, both sideism” journalism.  Now Hannah-Jones has deleted a tweet advancing an anti-police conspiracy theory.  When Hannah-Jones and others objected to the publishing of the views of Cotton, opinion editor James Bennet reportedly made an apology to the staff. That however was not enough. He was later compelled to resign for publishing a column that advocates an option used previously in history with rioting. Unlike the editor of the Times, however, such theories are not viewed as cause for resignation or “both sideism.”  The concern for many of us is that the media is not just losing its touchstone of neutrality but continues to apply  vastly different standards for journalists and editors, even at the same newspaper.

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The D.C. Circuit Orders Dismissal of The Flynn Case

440px-Michael_T_FlynnIn an extraordinarily rare action, the United States Court of Appeals for the District of Columbia has ordered the dismissal of the case against former National Security Adviser Michael Flynn.  The mandamus order could well be unique and was based on clear disagreement with the actions of U.S. District Court Judge Emmet Sullivan along many of the lines that I previously discussed in columns (here and here and here and here and here).  Short of an order to remove Sullivan, this is the most stinging possible rejection of the prior orders and conduct by the Court. I have a column in USA Today on the decision.

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Prosecutors Allege Political Influence At the Justice Department In Stone Case and Other Matters

US-DeptOfJustice-Seal_svgHouseofRepSealThe House Judiciary Committee will be holding a hearing today on the allegations of political interference with the handling of Justice Department cases, including the controversy over the sentencing recommendations in the prosecution of Roger Stone, a longtime friend and confidant to President Donald Trump.  As I said on NPR this morning, I think such hearings are important and legitimate efforts to answer such widespread concerns.  (The hearing is stacked with only one witness allowed in defense of the Administration but that is unfortunately a long-standing problem in Congress).  Even though I support the congressional inquiry, I continue to believe that the sentencing recommendation in Stone was excessive and unwarranted.  I admittedly have a bias as a long-standing criminal defense attorney but I criticized the original sentencing memorandum before any action was taken by Main Justice.  I have always maintained however that Stone was corrected convicted on some of these counts and warrants some jail time for his criminal conduct, including opposition to any presidential pardon.

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“Where’s The Police When You Need Them”: D.C. Delegate Asks The Right Question After Bizarre Incident Near White House

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NBC correspondent Andrea Mitchell and Delegate Eleanor Holmes Norton (D-D.C.) had a bizarre encounter yesterday when a man dressed only in a bra and panties rushed them near Black Lives Matter Square and the area claimed earlier as the “Black House Autonomous Zone.” Mitchell immediately asked “where’s the police” and Norton added “where’s the police when you need them?” It is a question that many of us have been asking D.C. officials for weeks as police have stood by and watched statues destroyed and defaced around the city.  This week, D.C. Chief of Police Peter Newsham stated that his department has made the “tactical decision” not to intervene as certain statues have been torn down in front of them. I have been highly critical of both this destruction and the failure of D.C. officials to act, including the iconic bust of George Washington on my own campus at George Washington University.

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George Washington Toppled At George Washington University

300px-George_Washington_University_seal.svgWe have been discussing the destruction of statues and public art in the recent protests, including a new column this morning. I have been highly critical of the defacing of our monuments and destruction of public art.  Now the destruction has reached my own campus.  The Hatchet reports that one of our iconic busts of George Washington was torn from its foundation on campus. It has not however been discussed by the University or attributed to protesters.

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CNN Analyst Calls For Barr’s Impeachment

This-is-cnn-CNN’s legal analyst Asha Rangappa is calling for the impeachment of Attorney General Bill Barr.  Rangappa claims that Barr “tried to bamboozle the country” in the recent controversy over the replacement of Geoffrey Berman, who until Saturday had been the U.S. Attorney for the Southern District of New York. She further states that there is no ability for the Inspector General to investigate any improper conduct despite evidence that “Barr was attempting to obstruct justice by removing [Berman].  There is no such evidence and the call for impeachment shows a continuing misconstruction of the history and standard for impeachment.

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Bolton’s Win Could Cost Him More Than Just Profits

John_R._BoltonOn Saturday, federal district court judge Royce Lamberth denied a motion to enjoin the release of former National Security Adviser John Bolton’s tell-all book in a 10-page order.  The book, titled “The Room Where it Happened,” is already in circulation with reporters literally standing outside of the courthouse reading from it.  As argued in the column before the decision, Lamberth rejected the injunction.  However, he lambasted Bolton for his failure to complete the classification review that he agreed to as part of his taking the position with President Donald Trump.  There are already possibly classified subjects being teased out of the book by the media.  Lamberth decried the fact that Bolton has “gambled with national security” and said that his actions “raise grave national security concerns” but “the damage is done.” Perhaps it is done for the release but the damage to Bolton may only be beginning. As Lamberth noted, he now faces civil and criminal liability, which are discussed in the column. 

Here is the column: Continue reading “Bolton’s Win Could Cost Him More Than Just Profits”

Another Day, Another NDA: Trump Threatens Litigation Over A Nondisclosure Agreement With Niece

donald_trump_president-elect_portrait_croppedIn the Trump Administration, it seems that each day brings a new NDA.  From Stormy Daniels to Michael Cohen to John Bolton, NDA litigation has become the signature litigation issue of the Trump presidency.  Now, President Donald Trump has invoked a NDA in response to a new tell-all book by his niece Mary Trump.

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Barr v. Berman: Manhattan U.S. Attorney Refuses To Leave Office After Announced Replacement [Updated]

440px-William_Barr864px-Geoffrey_S._BermanAttorney General William Barr announced that Geoffrey Berman will be stepping down as the U.S. Attorney in Manhattan. That clearly came as a surprise to Berman who dashed off a blistering response that he is neither resigning nor stepping down until a replacement is confirmed by the United States Senate.  Berman could now be fired, but the move by Barr raises legitimate issues for congressional investigation since Berman has been at the forefront of the investigation into Trump associates, including an ongoing investigation into Trump lawyer Rudy Giuliani’s business activities.  The sudden late Friday replacement only added to those concerns and Barr needs to address these questions fully and quickly.  This is a very serious matter if Berman is being canned due to his investigations, particularly given President Donald Trump’s continual criticism of those investigations. Update: As predicted, Trump has now fired Berman and Berman has agreed to leave immediately.

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Syracuse Student Newspaper Sacks Columnist After Questioning “Institutional Racism”

downloadWe recently discussed the apology of the New York Times for publishing a column from a leading United States Senator on the possible use of troops to quell rioting after the death of George Floyd.  That decision, and the sacking of the opinion page editor, represented one of the lowest moments in American journalism.  It made echo journalism the official policy of one of the oldest news organizations in the United States.  The lesson was not, it appears, lost on young college journalists at Syracuse University who sacked a columnist because she questioned claims of “institutional racism.” Adrianna San Marco notably did not write her opinion in The Daily Orange but she was canned for challenging this widely held view.  My greatest concern is the lack of specificity from the editors on the objections to her column beyond “reinforcing stereotypes.”  Such actions demand a clarity in the standard being applied to writers.

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Supreme Court Rules 5-4 Against Trump Administration Of DACA Rescission

SCOTUSIn a 5-4 ruling, the Supreme Court had blocked the Trump Administration from ending the Deferred Action for Childhood Arrivals (DACA) program as an “arbitrary and capricious” change.  Chief Justice John Roberts, joined by the four liberal judges, ruled that Trump’s decision violated the Administrative Procedure Act. It was another self-inflicted wound due to a poorly executed policy change in this area.  The ruling is based on procedural failures, not the merits or the underlying authority.

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Democrats Hit Bolton After He Accuses The House Of “Impeachment Malpractice”

John_R._Bolton440px-Adam_Schiff_115th_official_photoLast year, in columns and testimony, I chastised the Democrats for the shortest investigation on the narrowest grounds with the thinnest record of any presidential impeachment in history.  The insistence of impeaching by Christmas doomed any chances of a compelling impeachment case.  It appears now that one person agrees with that assessment: former National Security Adviser John Bolton.  I referenced Bolton and his upcoming book as one of the reason why a little more time could vastly improve and expand the House case.  Bolton said that he simply wanted a court to refer the privilege claim, which could have been accomplished easily in the time wasted by the House (including the long delay in sending the articles of impeachment to the Senate).  In response, the Democratic leadership is lashing out at Bolton for refusing to come forward despite his offer to do so after a federal judge heard the privilege claim.

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Google Targets Conservative Sites In Latest Crackdown

250px-googleGoogle has moved against another set of conservative sites. While many have celebrated the action against ZeroHedge and The Federalist, I remain deeply concerned over the free speech implications of such actions. I have written for years about public and private censorship, including recent actions to regulate and control speech on the Internet. Democratic leaders have been calling for censorship on the Internet and in social media for years, a move that will destroy the greatest forum for free speech in the history of the world.  Writers have joined in this movement and two such academics recently declared “China was right” all along about censorship.

As will come as no surprise to many on this blog, I view this latest action as another form of private censorship that targets conservative sites while ignoring similar rhetoric from the left.  I am not very complex when it comes to such conflicts over free speech.  I am not as much concerned with the merits of these fights as the implication of targeting some sites over others.  I know very little about ZeroHedge while I am familiar with some of the writers on The Federalist. Google has said comparatively little about the reason for barring the sites and what NBC originally reported has been contradicted by the company. However, it is the explanation given for the action taken against the Federalist that I wanted to address.  It seems to follow the pattern of politically biased, content-based discrimination against conservative sites by companies like Twitter, Facebook, and Google.  Despite the clear bias shown in these actions, most academics are either applauding the crackdown or remaining conspicuously silent as companies silence those with opposing or unpopular views.

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Bolton’s Bold Move Could Result in Loss Of His Profits Or His Freedom

John_R._BoltonFormer National Security Adviser John Bolton has pledged to release his new tell-all book, “The Room Where It Happened: A White House Memoir,” regardless of the lack of pre-publication approval from the Administration. This includes an ABC special this weekend to kick off his release. The move is extremely risky and the law is not on the side of Bolton who could conceivably not only lose his profits but his freedom over such a dispute.

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Supreme Court Rules In Favor Of Trump Plan To Put Pipeline Across Appalachian Trail

download-7Much of the discussion yesterday focused on the historic ruling in favor of workplace protections for LGBT workers.  Lost in the coverage was another case where the Supreme Court ruled in favor of another horrendous policy of the Trump Administration on the environment. I have been a long and vocal critic of President Donald Trump’s record on the environment and the Atlantic Coast natural gas pipeline us the latest rollback on Obama era protections.  The Court voted 7-2 decision in favor of the $5.1 billion pipeline project across one of our most cherished and most used natural areas: the Appalachian Trail.

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