Category: Politics

Trinity College Professor Cleared After Alleged Racist Postings Against White People

We previously discussed the controversy surrounding Trinity College Professor Johnny Williams and his posts against white people, including an inflammatory reference to people considered bigots and how we should “Let Them. F**king Die.”  Williams teaches classes on race and racism and clearly wanted to get others to read this hateful screed..  As I am mentioned in the earlier post,  I do not believe that Williams should have been punished for his postings as a matter of free speech and academic freedom.  The College has now reached the same conclusion but the question remains whether the College will take a similar principled position for academics espousing such views about other races.

 

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Report: Trump Campaign Paying For Trump Jr. Legal Fees — Is There A Potential Conflict?

TP-45-logo_(revised)Today, Chris Wallace (who continues to make a strong case that he is the best interviewer in news today) crossed swords with President Donald Trump’s lawyer Jay Sekulow on who is paying his fees to represent the President.  Sekulow said that he does not know since he bills the law firm of Marc E. Kasowitz.  The question was legitimate and the answer does not resolve concerns.  It is common to confirm the source of fees to confirm that there is no conflict of interest or other concerns raised by such fee payment. However, there is another report that confirms one source of fees . . . for Donald Trump Jr.

 

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Jared Kushner and The Precarious Line Between Inconsistency and Criminality

Below is my column in The Hill Newspaper exploring the legal liability for Jared Kushner.  While new media reports that some documents may have been turned over to the Trump aides in the infamous meeting with the Russian lawyer, there is no evidence of any prior or later conspiracy to commit a crime.  There is no specific crime of “collusion” and the meeting did not constitute prima facie evidence of any collateral crime.  That does not take away from the fact that Donald Trump Jr. wanted to collude. He agreed to go to a meeting with the understanding that the Russian government was sending over a lawyer with incriminating information.  He should have called the Justice Department.  Moreover, only a click-bait chump would have gone to that meeting. Now the Trump Administration will have to maintain the only thing that it has long eluded it: a consistent and coherent narrative.

Here is the column:

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New Poll: Support For Creationism Falls To Record Low

300px-god2-sistine_chapelA new poll from Gallup shows a sharp decline in Americans who believe in creationism and specifically the “Young Earth” view that the Earth is less than 10,000 years old.  Only 38 percent of those polled now embrace creationism while 57 percent accept the theory of evolution as well as scientific data uniformly showing life existed millions of years ago.

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Nobel Peace Prize Winner Liu Xiaobo Dies In Chinese Custody

Today the world lost one of its most inspiring and courageous figures.  On Thursday,  Liu Xiaobo, the 2010 Nobel Prize recipient and Chinese intellectual, has died at 61 of cancer.  The Chinese government defied the world in keeping Liu under custody as part of its authoritarian, one-party rule.  Liu kept the memory of the  Tiananmen Square massacre alive when the government has sought to wipe out any evidence that the protests even occurred.  He was a tireless defender for civil liberties in a country that rejects the most basic principles of human rights and civil liberties. He declined numerous opportunities to leave the country and live in freedom. He was the ultimate Chinese patriots and the Chinese government has reaffirmed that it remains a blood-soaked dictatorship.  Some day freedom will come to China and the Chinese people will learn of people like Liu who died for their liberty and their future.

 

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Worst Spy Story Ever: Media Builds On Le Carre Knockoff “Tinker, Trumper, Lawyer, Spy”

I have been discussing the dubious claims of criminal liability over the meeting of Donald Trump Jr. with a Russian lawyer at Trump Tower.  As I have mentioned, there is a legitimate reason to investigate this latest undisclosed meeting, though the overheated rhetoric on possible (if not imminent) criminal charges is bizarre. This morning on CNN, Sen. Richard Blumenthal raised possible charges of espionage and treason.  Putting aside the facially weak foundation for such charges, I must again note that the underlying narrative around this meeting remains rather speculative and unbelievable. I have worked on the legal side of national security investigations for decades in both espionage and terrorism cases. As I said when this meeting first surfaced, none of this makes sense as an actual Russian intelligence operation as opposed to a rather transparent “bait-and-switch.”  If this is a Russian spy mystery, it hardly makes for a sequel of Le Carre’s “Tinker, Tailor, Soldier, Spy.”

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Printing The Legend: The Growing Gap Between Comey’s Image and Actions

The_Man_Who_Shot_Liberty_Valance440px-Comey-FBI-PortraitBelow is my column in the Hill Newspaper on the curious coverage surrounding James Comey and his leaking of his memos on meetings with President Donald Trump.  With the confirmation hearings of Comey’s replacement, Chris Wray, today, the status of the memos may come up in the Senate.

Here is the column:

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Comey Supporters Raise A Familiar Clintonesque Defense: The Memos Had No Markings Of Classification

440px-Comey-FBI-PortraitHillary_Clinton_Testimony_to_House_Select_Committee_on_BenghaziYesterday, I posted a column in the Hill detailing how the media and various legal experts have worked mightily to avoid the fact that former FBI Director James Comey (1) leaked his memos to the media, (2) the memos were presumptively government material, and (3) the memos were likely classified and/or privileged under long-standing FBI rules.  As I said in the column and in earlier columns, none of this takes away from the underlying allegations or the importance of the investigation into possible obstruction of justice.  However, the response to the recent Senate Homeland Security majority report and the Hill Newspaper story was precisely what the column discussed: a concerted effort to deny any wrongdoing by Comey (who has assumed the position of an immaculate hero in this political narrative).  One such denial of any wrongdoing came from Comey’s friend Columbia Law Professor Daniel Richman.  Professor Richman invoked a familiar defense: the memos he was given had no classification markings – the very same defense made by Hillary Clinton and rejected by then FBI Director James Comey.

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New York Times: Trump Jr. Told In Advance That Anti-Clinton Information Was Coming From Russian Government To Help His Dad

220px-Nytimes_hqThe New York Times is reporting that “Donald Trump Jr. was informed in an email that the material was part of a Russian government effort to aid his father’s candidacy.”  That would be a significant development in supporting allegations of “collusion.”  I am still skeptical of the alleged crime of collusion and even more skeptical of the alleged crime related to this meeting.  I am also confused by the NYT story which says that the email from publicist Rob Goldstone acknowledged that the information was coming from the Kremlin but the article quotes Goldstone in saying that he had no knowledge of any such connection to the Russian government.

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Was The Meeting Between Donald Trump Jr. and The Russian Lawyer Really “Treason” or The “Smoking Gun” of Collusion?

UnknownRichard Painter, an ethics lawyer under former President George W. Bush, has declared that the meeting of Donald Trump Jr., with a Russian lawyer who claimed to have compromising information on Hillary Clinton during the campaign, “borders on treason.”  Others have said that the disclosure could be the long sought after “smoking gun” on collusion and evidence of criminal conduct.  I am afraid that I have to continue my record as something of a “buzz kill” on these stories.  There is not a clear criminal act in such a meeting based on the information that we have.  Moreover, it is not necessarily unprecedented.

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“These Are The Ones Hurting You?”: Putin and Trump Share An Anti-Media Moment In Hamburg

donald_trump_president-elect_portrait_cropped225px-Vladimir_Putin_official_portraitDonald Trump and Vladimir Putin shared an anti-media moment in Hamburg when they faced journalists and Putin asked “These are the ones hurting you?” Trump responded “These are the ones. You’re right about that.”  While I have been very critical of what I see as distortive and biased coverage of the Trump Administration, I have also been critical of Trump’s attacks on the media.  This is an example where journalists have a legitimate right to recoil at the scene.  Trump was commiserating with a man who has decimated the free press in Russia where dozens of journalists have been killed. With Trump calling for reductions in the protections afforded to media and attacking the media, there is a heightened and understandable sensitivity to these type of scenes.

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CNN and The Search For A Self-Affirming Principle: A Response To Kirsten Powers

200px-Cnn.svgI recently wrote about my concern over the publication by CNN of a statement that it had identified the man responsible for a satiric wrestling video that was reposted by President Donald Trump.  CNN declared that the man had removed not just the video but other material deemed offensive or “ugly” by the networks. In light of his actions, CNN said that it would not reveal his identity — for now.  The clear message was that CNN reserved that right to disclose the man’s identity if he resumed posting material deemed ugly by the network.  Many of us objected to CNN’s language and rationale as inimical to journalistic standards and free speech.  CNN analyst Kirsten Powers insisted that such concerns are groundless and that CNN acted entirely appropriately.  She specifically responded to my column in USA Today raising these concerns.  Both Powers and I are contributors to USA Today.

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California Moves To Become Sanctuary State In Defiance Of The Trump Administration

California flagWith Congress  moving to give the Trump Administration authority to withhold grants from sanctuary cities, California is moving to become a sanctuary state.  Under Senate Bill 54, the “California Values Act,” state and local law enforcement would be prevented from cooperating with the federal government in the deportation of illegal immigrants.  The bill would bar such actions even for undocumented immigrants who have committed serious crime (given a narrow definition of “serious felonies”).

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The Framers and the Fourth: Criticism Of Independence Day Celebrations Ignores Our Collective History

800px-American_1902_Fourth_of_July_fireworksEvery Fourth of July, some celebrity will attract national attention by denouncing the holiday as a type of slaver’s celebration. This year was no exception. In past years, I have said nothing because these comments reflect understandable conflicted feelings by African Americans and others whose ancestors lived through decades of oppression and discrimination. However, it is time to put part of this criticism to rest . . . at least in part. There is a tendency to ignore those Framers who advocated emancipation at our founding and the recognition of the scourge of slavery that would forever taint our history.

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Justice Kennedy and How Success Is Just Showing Up . . . And Knowing When To Leave

 

225px-Anthony_Kennedy_OfficialThere are various reports confirming that Justice Anthony Kennedy has told staff that he is seriously thinking of resigning and has notably not selected clerks for the October 2018 term. That raises some intriguing issues, including how such a vacancy would play in the midterm elections when there are 33 seats up for grabs in the United States Senate.  The vacancy could be used to rally conservatives and liberals alike.  As for Kennedy, it could be the difference between a lasting and short-lived legacy.

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Res ipsa loquitur – The thing itself speaks