Category: Politics

Lisa Page Hired By NBC and MSNBC As Legal Analyst

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Lisa Page, the former FBI lawyer who resigned in the midst of the Russian investigation scandal, has been hired a NBC and MSNBC as a legal analyst.  The move continues a trend started by CNN in hiring Trump critics, including officials terminated for misconduct, to offer legal analysis on the Trump Administration. We have previously discussed the use by CNN of figures like Andrew McCabe to give legal analysis despite his being referred for possible criminal charges by the Inspector General for repeatedly lying to federal investigators.  The media appears intent on fulfilling the narrative of President Trump that it is overly biased and hostile in its analysis. Indeed, it now appears a marketing plan that has subsumed the journalistic mission.

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Devouring Its Own: How Many On The Left Fostered The Violent Movement Now Rioting Across The Country

Antifa_The_Anti-Fascist_HandbookBelow is my column in The Hill newspaper on the role of familiar groups like Antifa in the violence following the death of George Floyd.  Attorney General Bill Barr acknowledged yesterday that there is a “witches’ brew” of groups fostering violations, including an anarchist group from the right. The anarchists on the left or right are opportunists who will strike at any time of unrest to seek the breakdown of order. While the number of Antifa arrests have been challenged as exaggerated, police are reporting a number of Antifa, radical left, and anarchist members arrested in various states. (here and here and here and here and here) These are groups that are all too familiar to some of us on college and university campus.  While I have opposed efforts to declare Antifa a terrorist organization, the role of all of these groups in the recent violence should be a cautionary tale for academics and politicians alike in the tolerance shown for such anti-free speech movements.  Many leaders and academics have denounced such groups on the right (some of which are also active in these riots), but notably have been more muted in condemning anti-fascist and left-anarchist groups.

Here is the column:

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Mea Culpa: New York Times Caves To Protests And Apologizes For Posting Conservative Opinion

440px-The_Yellow_Press_by_L.M._GlackensIn an act that virtually stands alone in the abandonment of self-defining values, the New York Times last night caved to protests from its own writers to apologize for publishing a conservative opinion piece by a ranking Republican senator. On Thursday, the editors had rightfully held firm on the need for the paper to hear all viewpoints as publishing a column by Sen. Tom Cotton (R, Ark.) calling for the use of military troops to quell rioting.  Times editorial page editor James Bennet and Times publisher A.G. Sulzberger issued defenses of the use of the opinion section to hear all sides of such national controversies. We discussed that position yesterday and many of us heralded the editors for their courage despite the overwhelming calls for private censorship.  Then, the newspaper and its journalistic ethics entirely collapsed with an announcement that effectively declared an original sin “mea culpa, mea culpa, mea máxima culpa” (“through my fault, through my fault, through my most grievous fault.”

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“All I Want Is A Reason”: Grassley Holds Up Trump Nominees Until He Gets Answers On IG Firings

Chuck_Grassley_officialI previously criticized the additional firings of Inspectors General by President Donald Trump and applauded Sen. Chuck Grassley, R-Iowa, for his pledge to get answers on the basis for the terminations.  On Thursday, Grassley used one of the few tools in his position to force oversight: he held up two Trump nominees until he receives answers to these important inquiries. It is the fulfillment of the constitutional role of the Congress to exercise oversight authority and the action against a president of his own party inures to the great credit of Grassley.

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Rosenstein Slams McCabe, Obstruction Theories, and “1000 Former Prosecutors”

Screen Shot 2020-06-03 at 11.31.11 AMYesterday, we did our first live blogging on a hearing with former Deputy Attorney General Rod Rosenstein.  There was a lot of broken china after the hearing was over. Indeed, the most interesting aspect was that some of the greatest damage for the Democratic narrative occurred during ill-considered questions from Sen. Mazie Hirono (D., HI) who elicited a series of answers supporting the Trump Administration and the purpose of further hearings.  Rosenstein ultimately supported the need for further investigations into FBI misconduct, supported the Durham investigation, categorically dismissed claims that Trump committed obstruction of justice, and most importantly stated that he would not have signed off on the continued surveillance under the FISA for Carter Page if he knew the truth about claims of Russian collusion.  That was just a few of the highlights.  He also dismissed objections from former FBI Deputy Director Andrew McCabe and the “1000 prosecutors” who were so widely cited as claiming that there was clear criminal conduct by Trump.

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New York Times Reporters and Writers Condemn Paper For Publishing Cotton Editorial

download-1The New York Times is under fire today for publishing the opinion of Sen. Tom Cotton (R, Ark.) on the use of troops to quell the unrest following the death of George Floyd.  Journalists and opinion writers have insisted that such views should not be even published because they disagree with it.  I have strongly opposed the suggested use of federal troops on both legal and non-legal grounds. It would be an unnecessary escalation of the tensions and curtail the exercise of important free speech activities.  However, this view is shared by many and the use of troops has occurred previously in our history.  The call for effective censorship of opposing views from journalists is a chilling example of how much ground has been lost in the protection of free speech values. Continue reading “New York Times Reporters and Writers Condemn Paper For Publishing Cotton Editorial”

Yes, Trump Can Order The Deployment Of D.C. Police

280px-Patch_of_the_Metropolitan_Police_Department_of_the_District_of_Columbia.svgThere has been much talk — and anger — over the reports that the Trump Administration has asserted the right to “take over” the D.C. Metropolitan Police Department.   The Washington Post is quoting D.C. Police Chief Peter Newsham as saying that the mayor “disagrees that the president has the authority to take over the police department. She believes it is a legal question to do that without her consent.” If so, she is mistaken.  It is not a “take over” but it does not require the mayor’s consent.  President Donald Trump can demand the deployment of D.C. police and the mayor is bound by law to accede to the request.

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“We Came To Riot”: Illinois Man Arrested With Cache of Explosives

Matthew-RupertYesterday I wrote about the curious effort by some in politics and the media to portray “Russians” or “White Supremacists” as driving the rioting in various cities.  The role of anarchists and Antifa members was obvious — and reinforced by arrests reported in various cities. This gold encrusted arrestee is Matthew Lee Rupert, 28, who was arrested in Chicago trying to pass out explosives — allegedly much like the two attorneys arrested in New York.   The evidence includes a videotape on which Rupert states “we came to riot.”

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The Senate Should Focus On What The Flynn Transcripts Do Not Contain . . . Starting With A Crime

440px-Michael_T_FlynnBelow is my column in The Hill newspaper on the new disclosures in the prosecution of former National Security Adviser Michael Flynn.  Yesterday, the attorney hired by Judge Emmet Sullivan responded on his behalf to defend his controversial orders in the case to invite third parties to argue the merits of the motion to dismiss as well as raising his option to substitute his own criminal charge of perjury against Flynn.  The Justice Department responded with a 45-page filing to a three-judge appeals court panel.

The attention will now focus on the appearance tomorrow of former Deputy Attorney General Rod Rosenstein in the Senate.  For me, the most pertinent question is why this investigation continued past December and seemed to become to a search for a crime rather than the investigation of any crime or collusion with Russia.

Here is the column: Continue reading “The Senate Should Focus On What The Flynn Transcripts Do Not Contain . . . Starting With A Crime”

The Trump Administration May Have Its First Domestic Terrorism Case

download-1We have been discussed the arrests associated with two attacks on New York police officers using Molotov cocktails.  However, two radical young lawyers may have handed the Trump Administration the perfect case to frame as domestic terrorism in the wake of the controversy over President Donald Trump declaring that he would designate Antifa a terrorist organization.  I criticized such a designation as legally unfounded and constitutionally dangerous. However, as we discussed yesterday, Colinford Mattis, 32, and Urooj Rahman, 31, may have supplied an alternative avenue in using ample federal laws to prosecute attacks as domestic terrorism without the need of any formal designation.  The two defendants are expected to be released on bail today.

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Three British Teenagers Arrested For Mocking Floyd Death

England flagI have written for years on the crackdown on free speech in FranceGermany, and England though hate speech laws and speech regulations. As many on this blog know, I am unabashedly against limits on free speech and have opposed most public and private forms of censorship for decades.  This often means that, like everyone in the free speech community, I find myself opposing actions against some of the most obnoxious, juvenile, or hateful people in our society.  That is the case with this story.  Three British teenagers have been arrested for a Snapchat video mocking the death of George Floyd.  It was a deeply offensive and stupid act, but the question remains whether society is criminalizing a wider and wider scope of speech.

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Minnesota City Council Member Declares Support For Antifa

Antifa_The_Anti-Fascist_HandbookWhile many have condemned Antifa and similar groups for destroying Minneapolis and other cities, Minneapolis city council member for Ward 5 (and son of the Minnesota Attorney General Keith Ellison) Jeremiah Ellison tweeted Sunday that he is not among them. Indeed, he is declaring his support for Antifa.  Some of us have long opposed Antifa as a vehemently anti-free speech group.  Ellison does not seem to include free speech among his priorities for voters in Ward 5.  While most Democratic members have correctly condemned Antifa attacks, Ellison is one of those who continue to support the controversial group.

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Little Brother Or Big Brother: The Public Applauds As Free Speech Dies On The Internet

166px-Ad_apple_1984_2Below is my column in USA Today on the fight between Trump and Twitter. As discussed below, this is a fight not for free speech but who will control free speech. Democrats want speech controls through private companies while the Administration wants speech controls through government agencies.  The choice is between Little Brother and Big Brother.

Here is the column:

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“Get The Facts”: How Twitter Is Making The Case Against Itself and Free Speech

Freedom_of_SpeechBelow is my column on the Twitter controversy and censorship of social media.  President Donald Trump has continued to tweet on cracking down on the riots as well as controversy over his tweets on Twitter.  Like former Vice President Joe Biden, he is now calling for the outright elimination of Section 230 of the federal Communications Decency Act.  While supported by many liberal members and commentators, Twitter continues to build a case against itself — and ultimately free speech on the Internet.

Here is the column:

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Res ipsa loquitur – The thing itself speaks