Category: Politics

Where The Wild Things Are: Ivanka Trump Loses Bid To Quash Deposition Over Her Alleged Theft Of Shoe Designs

Ivanka Trump is facing a difficult lawsuit over alleged theft of the designs of an Italian shoemaker, Aquazurra Italia, as part of their “Wild Things” line. The company filed a trademark infringement claim against her and her company in June 2016 and a court recently rejected motions filed on Trump’s behalf.  Those motions included a claim that Ivanka Trump’s duties as a high-ranking government official made her participation in the litigation too difficult. The claim was rejected.  Part of the court’s rationale for rejected her arguments are distinctly reminiscent of the litigation over her father’s immigration order.

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Turkey De-Evolves: Erdogan Government Bars Teaching of Evolution As Unproven and Controversial

Report: Coats and Rogers Told Investigators That Trump Asked Them To Publicly State That There Was No Evidence of Russian Collusion

That did not take long.  Director of National Intelligence Dan Coats and National Security Agency Director Adm. Mike Rogers met with Special Counsel Robert Mueller to discuss the subjects that they declined to discuss with Congress.  Congress then released the information.  It now appears that congressional briefings from the Special Counsel are proxy press conferences in this increasingly strange process.  As expected, Coats and Rogers admitted that Trump did in fact ask them to tell the public that there was no evidence of collusion between his campaign and the Russians.  That was, again, an inappropriate and ill-considered request.  However, the disclosure raises a far more worrisome questions with regard to the role of White House Counsel Donald F. “Don” McGahn II.  The two intelligence chiefs said that they took anticipated the questions over their conversations and asked McGahn if there was an executive privilege assertion. McGahn simply never responded.  That is a highly disturbing account.  Executive privilege is not some tactical toy. It has been defended as a core protection of inherent presidential powers.  No high ranking officials should be sent into a committee without a clear understanding of the status of information or conversations relevant to congressional inquiries.  The non-response was either negligence by the White House Counsel or, more likely and more seriously, a conscious decision to avoid the politically risky decision of either allowing answers or publicly preventing answers.

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Did Henry Kissinger Push Nixon To Assault Daniel Ellsberg?

An 18-page investigation memorandum has been obtained by NBC News that raises some disturbing questions about the Nixon White House and specifically the role of former Secretary of State Henry Kissinger.  The memo details the campaign of political violence by Nixon aides.  The memo references a plot to have Daniel Ellsberg beaten up by surrogates of the Nixon Administration.  Kissinger has been cited as one of those pushing Nixon to deal with Ellsberg.

 

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Yale Sacks Dean Over “Classist” and “Insensitive” Yelp Reviews

yelp200px-Yale_University_Shield_1.svgWe recently discussed the controversy surrounding postings by June Chu, dean of the school’s Pierson College, on Yelp.  She was called classist for such comments as “This establishment is definitely not authentic by any stretch of any imagination and perfect for those low class folks who believe this is a real night out.” Chu has now been fired by the university in a move that makes many academics feel uncomfortable over the monitoring of their statements outside of school in social media.

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Supreme Court Rules Overwhelmingly To Strike Down “Disparagement Clause” Used To Bar Offensive Trademarks

Supreme CourtThe U.S. Supreme Court handed down a major victory for free speech on Monday in striking down a provision of the Lanham Act that barred registration for “disparaging” trademarks.  The decision came in Matal v. Tam, a case that we have been following.  I have previously written about my disagreement with the U.S. Patent and Trademark Office decision to rescind federal trademark protections for the Redskins as a racially disparaging name. As predicted, the ruling answered  the question raised in the prior column in controversies like the denying of trademark protection to the Washington Redskins.  The decision is good news for Washington’s NFL team, which lost its trademark because its name is disparaging to Native Americans.

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Zumba Banned In Iran As Anti-Islamic

The Iranians have given the world another absurd application of its brand of Islamic faith.  The government has declared that Zumba exercises classes are effectively banned in Iran because the dance “contravenes Islamic ideology.”  The “rhythmic movements” of Zumba appear to be anti-Islamic. There is no room for rhythmic dance in the Islamic Republic.

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Do Rosenstein and Mueller Have Conflicts of Interest in the Trump Investigation?

Rod_Rosenstein_US_Attorney440px-Director_Robert_S._Mueller-_III-1For many weeks, I questioned the need for a Special Counsel in the Russian investigation because it seems like a coverup in search of a crime.   I still do not see the evidence of a crime and simply saying “collusion” does not supply an actual crime.  However, when President Donald Trump fired James Comey, I supported the appointment of a Special Counsel to investigate obstruction of justice, even though I remained skeptical of the basis for an actual obstruction charge. I still fail to see the compelling basis for an obstruction case without stretching the criminal code to the breaking point.  Nevertheless, I continue to support the need for an independent investigation.

The investigation of a sitting American president however must itself be beyond question as to any bias or influence.  For that reason, I have been questioning the propriety of Rod Rosenstein to continue in his current position vis-a-vis the Russian investigation.  From the outset, Rosenstein seemed to me to be an inevitable and important witness.  Ironically, the recent leak magnified this problem.  The leak seemed calculated to protect Mueller from being terminated by publicly identifying Trump as a possible target. However, whatever benefit the leak brought Mueller, it undermined Rosenstein.  If Mueller is investigation Trump for obstruction, Rosenstein should immediately recuse himself.

It is not clear if Mueller has an equal conflict of interest. There is reason to be concerned.  If Mueller discussed the Comey’s termination with Trump as a candidate for the next FBI Director, he might also be considered a witness in any obstruction investigation. It would seem highly material to the investigation to learn of how Trump described his decision and what he said (if anything) to Mueller about the ongoing Russian investigation.  At a minimum, the Special Counsel should address what is a reasonable question about his own knowledge of (and participation in) any meetings with Trump on the Comey termination and the Russian investigation.  I do not agree with the campaign to discredit Mueller and strongly object to attacks on his character.  I believe Mueller to be a person of integrity and I hope that he recognizes that such a meeting raises some legitimate questions that should be addressed.

Here is the column:

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New Lawsuits Could Determine Not Only The Legal Status Of The Comey Memos But The Legality of Comey’s Actions

200px-Cnn.svg440px-Comey-FBI-PortraitLast week, CNN filed a lawsuit seeking the famous Comey memos from the FBI, which is discussed in the column below in The Hill newspaper.  The lawsuit could produce an official characterization of the status of the memos as either personal or FBI information.  After this column was posted, Judicial Watch also filed a lawsuit seeking the memos which it maintained were the property of the FBI.  The lawsuit states “Upon learning that records have been unlawfully removed from the FBI, you then are required to initiate action through the Attorney General for the recovery of records.”  These lawsuits could prove vindicating or implicating for Comey. [Update: other news organizations have added additional lawsuits]

Here is the column:

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The Fault Is Not In The Stars: Protester Stops Controversial Julius Caesar Performance in Central Park

ht_protest_dc_061717_12x5_1600Laura Loomer from the conservative website The Rebel ran on to the stage on Friday of the controversial production of Julius Caesar in Central Park. The show has been criticized for its characters modeled on President Donald Trump and others.  Trump, as Caesar, is killed in the show to the delight of the crowd.  Many find the show to be distasteful and hateful.  However, for those of us who have actively criticized liberals who shutdown conservative speakers on campuses and other public events, this is an equally objectionable effort to stop free speech. Indeed, it seeks to prevent both artistic and political expression.

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Both Sessions and the Senators Were Right in the Fight Over Executive Privilege

jeff_sessions_official_portraitDemocrats are clamoring for the resignation of Attorney General Jeff Sessions this week in the wake of his testimony before the Senate.  I fail to see the good-faith basis for these calls, particularly after his testimony.  Sessions shot down the claims of a third meeting with Russians that was the subject of breathless media reports for days.  He also did an excellent job in explaining the steps that he took in recusing himself, including declining to play any role in the Russian investigation long before his formal recusal.  He was also on good ground in declining to discuss conversations with the President in the Oval Office.  Despite the shock expressed by Democratic Senators, he is in a long line of cabinet members declining to disclose such presidential communications.  Nevertheless, the Democrats were right that you should have a formal invocation of executive privilege before declining to answer questions from Congress.  However, as discussed in the column below, that is not uncommon.

Yet, the Administration had just gone through a controversial hearing with top intelligence officials refusing to answer such questions and clearly knew that these questions were coming.  What did not make sense in the testimony of National Security Agency director Adm. Mike Rogers and National Intelligence Director Dan Coats was their refusal to answer on the ground that it would be “inappropriate.”  That makes no sense in isolation without an indication that the questions will be reviewed and addressed by White House counsel in whether executive privilege will be invoked.  The same problem arose with the testimony of Sessions (which was magnified by the fact that the White House has been pummeled over the earlier hearing).

The White House should have simply invoked the privilege with regard to presidential communications in the Oval Office in advance while stating an intention to try to answer as many of the questions of the Committee as possible within those long-standing constitutional confines.  It is not unheard of to decline to answer questions pending review but Sessions did not promise to have questions reviewed.  If he does not secure an invocation (or permission to disclose), he would simply be refusing to answer questions of Congress which constitutes contempt of Congress.  This is not necessary. The White House Counsel should have sent a letter in advance of the hearing either invoking or waiving privilege.  Alternatively, he needs to send a letter to address the outstanding questions.  Congress has a right to have its questions answered unless the White House claims privilege.  Even with an invocation, Congress can overcome the privilege with a proper showing to a court.  The process requires a firm answer from the White House on the basis for refusing to answer questions and it cannot be a categorical denial based on unease or discomfort.

Here is the column in the Hill Newspaper.

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Chris Christie Supported By Only 15 Percent of Voters — The Lowest Popularity Rate in History

Chris_Christie_April_2015_(cropped)New Jersey Gov. Chris Christie (R) is close to reaching a statistical zero for support.  According to a new poll, Christie is supported by only 15 percent of voters.  Given the error rate of standard polls, Christie is rapidly reducing his support to his immediate family.  This is the lowest approval rating “for any governor in any state surveyed by Quinnipiac University in more than 20 years.”

This includes a now 81 percent disapproval rating.  Yes, you read that correctly.  Eighty-one percent disapproval.

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Trump Calls Mueller’s Obstruction Investigation “Phony” and “Witch Hunt” In Latest Tweet Blast

440px-Director_Robert_S._Mueller-_III-1donald_trump_president-elect_portrait_croppedWashington was awaken this morning with our now regular sound of a tweet from the President. At 6:55 am, President Donald Trump blasted the report that Justice Department special counsel Robert Mueller is now investigating him for obstruction of justice.  He called the whole thing based on a “phony story” — a likely dig at former FBI Director James Comey.  I previously raised my concern about the alleged leak from the Special Counsel’s office.  The fact that the office is investigating obstruction is hardly news.  Even those of us who have expressed substantial reservations about the legal basis for an obstruction charge against the President have said that there was ample reason to investigate such allegations.  However, the leak in the Washington Post undermines the credibility not of the President but the Special Counsel.  Similarly, I have previously said that these tweets from the President are highly damaging to both his public and legal case.  Recent polling finds that only one in five voters support Trump’s firing of Comey and a majority now believe that he did meddle in the Russian investigation.

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Did The Special Counsel’s Office Just Leak Against Trump?

440px-Director_Robert_S._Mueller-_III-1The Washington Post is reporting that Special counsel Robert Mueller’s investigation into Russia’s interference in the 2016 election has now expanded to look into whether President Donald Trump attempted to obstruct justice.  What is most notable is not the investigation of obstruction of justice.  Rather it is the fact of the leak that is alarming.  Former FBI Director James Comey (who followed Mueller at the Bureau and has had a long relationship with Mueller) just admitted to leaking damaging information against Trump.  Comey, who was tasked with investigating leakers, became a leaker himself. Now, the Special Counsel’s office is accused by Trump’s counsel of leaking informing damaging to Trump — an office that could be asked to consider unauthorized leaks as part of its investigation.  While such leaks could come from witnesses, those witnesses appear in large part high-ranking members of the Trump administration unless they came from a briefing with members of Congress.

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Trump Administration Tosses New Rule Protecting Whales Despite Support From The Fishing Industry For The Rule

President Donald Trump has pledged to reduce red tape and regulations for businesses in the United States.  It is a worthy goal, but it has led to some curious decisions.  For example, the Administration just tossed  a new rule intended to limit the numbers of endangered whales and sea turtles getting caught in fishing nets.  This rule however was supported by the fishing industry.  Thus, this was a rare case where conservationists and corporations agreed. It was the Trump Administration that did not agree.  Not only was the rule proposed by the Pacific Fishery Management Council had proposed the new regulation in 2015, but the federal government has been implementing the plan.

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