Category: Politics

Sen. Murphy: The Crisis Is Due To Trump and Not China

798px-Chris_Murphy,_official_portrait,_113th_CongressYesterday, we discussed how the media has long mocked the theory that the coronavirus originated at a lab in Wuhan that was researching not just coronaviruses but specifically naturally occurring bat-based viruses.  Some have been discussing the obvious possibility that the lab, not the nearby market, was the source.  Recently, it was disclosed that embassy officials in January 2018 alerted U.S. officials of serious problems in the lab which was conducting risky research on bats, the very source of COVID-19. China is known to have concealed the outbreak and arrested doctors trying to alert the world.  Now key players in the diplomatic and intelligence community believe that indeed the Wuhan lab was the original source.  There is however one member who continues to maintain that this crisis is due not to China but President Donald Trump: Sen. Chris Murphy (D-Conn).

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Red Flags: Chinese Laboratory in Wuhan Cited Two Years Ago For Dangerous Research On Bats and Coronavirus

1600px-Coronaviruses_004_loresWhen the coronavirus first appeared in Wuhan, China, many people immediately raised the concern that it might have been the result of a lab release from a controversial Chinese Lab: the Wuhan Institute of Virology. The lab was working on coronavirus and had raised concerns over its containment protocols.  Then there was the fact that China hid the outbreak, arrested top doctors, and buried research on its origins.  However, a narrative quickly emerged in countering President Donald Trump’s references to the “China virus.”  People, including members of Congress, who referred to the lab were ridiculed on CNN and other outlets as conspiracy theorists.  For some of us, the overwhelming media narrative seemed odd and artificial. It would seem obvious that a lab working on viruses in this area would be an obvious possible source.  Now, after weeks of chastising those who mentioned the lab theory, another cache of documents and information shows that there are ample reasons to be suspicious and that concerns were raised two years ago within the State Department.

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MSNBC Host Denounces Sanders Supporters As “Privileged White Voters” For Not Supporting Biden

We have been discussing the open hostility that Sen. Bernie Sanders has faced on MSNBC and CNN during both his runs for the presidency in 2016 and 2020.  In one of the last large rallies of Sanders in Michigan (and his campaign) I spoke with Sanders supporters who were adamantly opposed to Joe Biden (here and here and here).  For them, it is no accident that, once again, the only option for the general election is the most establishment figure in the race.  They joined Sanders (some for their first campaign) because of his agenda and in opposition to the establishment policies that they see controlling the Democratic National Committee and Biden.  Now, MSNBC host Joy Reid has denounced those Sanders’ supporters as “privileged white voters” because they refuse to support Biden.

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No, President Trump Does Not Have Total Power Over The States

donald_trump_president-elect_portrait_croppedThis morning I ran a column in the Washington Post on the President’s claim that he has “total” and “absolute” power to order all states to lift their pandemic orders and re-open the economy.  Both Republicans and Democrats have objected to the President’s statementsin last night’s press conference.  The fact is that our Constitution was designed expressly to bar such claims.  Absolutes find little sanctuary in a Constitution designed for limited government with shared powers.

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Why The Government Can Shut Down Church Gatherings During Pandemics

Below is my column in The Hill newspaper. This weekend the Kansas Supreme Court ruled with the Governor in upholding her order to close church services over 10 persons. That is particularly notable since, as mentioned in the column, Kansas is a state with enhanced protections for the free exercise of religion.

Here is the column:

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The Adams Controversy Highlights The Growing Trivialization Of Racism Charges

         Many viewers were surprised last week when, in the middle of a pandemic briefing, PBS reporter correspondent Yamiche Alcindor asked Jerome Adams to respond to claims that he recently made racist comments.  Rep. Maxine Waters declared “Donald Trump has found a new vessel by which to spew his racist dog whistles.” For those of us in academia, it was neither a surprising nor unique moment.  On campuses across the country, it is now routine for statements found objectionable to be labeled as racist or part of the ambiguous category of “microaggressions.”  Indeed, labeling people racists is now a common form of political criticism. It is often a conversation and career stopper for the accused.  Few people want to defend someone accused of being a racist, only to be accused themselves. 

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“Crackpotish”: Washington Post Columnist Attacks Turley For Post Written By Someone Else

 

I previously ran a column about a demonstrably false statement made about my testimony in the Trump published in a Washington Post column by Jennifer Rubin. She never corrected the statement, but I let it go after writing a column addressing the false information in the Post. I now look back at that column with a degree of fondness since at least Rubin was right that I did testify at the hearing. Now Rubin has called me a crackpot for a column that I did not write. The lack of minimal research by Rubin has become something of a signature element. In her latest controversy, Rubin not only responded to those ridiculing me for a piece written by someone else but expressed delight at my forced retirement over the column. Ironically, her Post column the same day is entitled “What If Facts Matter?” — criticizing President Trump and his claims of “fake news.” In fairness to the Post, this latest error was not published by the newspaper though she identifies herself as “Conservative opinion writer at @WashingtonPost, MSNBC contributor” with a banner photo of the Washington Post on Twitter. What is becoming increasing clear is that, as the Post declares, “Democracy Dies in Darkness,” but accuracy dies with Jennifer Rubin.

I wanted also to respond to the criticism of Darren’s argument as “absurd” – a conclusion apparently reached solely on the headline of his column. The characterization is as unfair as it is unexplained in the tweet.

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WA Governor Inslee’s Order Cancelling Remaining School Year Possibly Unconstitutional

By Darren Smith, Weekend Contributor

It is my analysis and view that Washington Governor Inslee’s declaration cancelling the entirety of the remaining school year under the rubric of the COVID-19 situation possibly violates the Washington State Constitution.

The state’s Supreme Court held in McCleary v. Washington that “The word “ample” in article IX, section 1 provides a broad constitutional guideline meaning fully, sufficient, and considerably more than just adequate.

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OSC Rules In Favor Of Kushner On Hatch Act Violation (Sort of)


The Office of Special Counsel (OSC) ruled in favor of President Donald Trump’s son-in-law and adviser Jared Kushner on whether he violated the Hatch Act in boasting Trump’s reelection in an interview. The Citizens for Responsibility and Ethics in Washington (CREW) has asked for the complaint to be reopened. There is an interesting twist in the case separate from the merits. The OSC rejected the claim not because it found Kushner’s comments were apolitical but because the interview was apparently not aired on television but was posted online. That seems like a bizarre and facially invalid distinction under the Act.

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“Errand Boy”: Retired Judge Resigns From Supreme Court Bar In Blistering Letter To Chief Justice Roberts

There has been considerable coverage of a letter from retired Hawaiian judge James Dannenberg who resigned from the Supreme Court Bar in protest over what he views as a court become little more than an “’errand boy’ for an administration that has little respect for the rule of law.” While I appreciate Dannenberg’s deep-seated and good-faith concerns over the direction of the Court’s jurisprudence, this letter is wildly off base. Indeed, the letter appears to denounce the Court for being “results-oriented” because it does not reach the results that he prefers. While the conservative justices as chastised for voting in bloc, he has no such qualms about the liberal justices voting as a bloc in the same cases. One is viewed as ideological while the other is viewed as . . . well . . . right.

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Doubling Down: Trump Adds Massive Small Business Program To Daughter’s Portfolio

For years, I have criticized President Donald Trump for his embrace of nepotism with the use of his son-in-law Jared Kushner and his daughter Ivanka Trump as high-ranking advisers in the White House. I was particularly critical recently when Trump gave Kushner a major role in the pandemic recovery. While I disagreed with some of the more over-wrought statements about Kushner’s role, it was still wrong in my view from both an ethical and political standpoint. Now however the Administration is doubling down by putting Ivanka Trump in a key public spot in the $349 million loan program for small business. The American people have a right to know that the trillions of dollars (and hundreds of thousands of lives) at stake are being managed by people selected on the merits, not familial ties to the President.

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Howard Dean Boycotts MSNBC Until They Stop Airing Trump’s Daily Briefing

YouTube Screenshot

I previously criticized former Democratic National Committee (DNC) chair Howard Dean for his view of unprotected speech under the first amendment. He is now taking a different tack than government censorship. He has announced that he will boycott MSNBC until it yields to his demand to stop airing President Donald Trump’s daily briefing. He is calling on other commentators to join his boycott. Dean has curiously not pledged to boycott the other networks, which are also carrying the briefings. The reason is simple: it is news. Moreover, the public in a pandemic has been watching the briefings even though some of us object to some of President Trump’s comments, particularly his attacks on political and media figures. Yet, Dean is only the latest liberal figure or group to try to censor the briefings to prevent public access.

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Trump Continues Assault On Inspectors General With Removal Of Appointed Pandemic Spending IG

We have previously discussed President Donald Trump’s firing of the intelligence community’s inspector general, Michael Atkinson — a move that many of us criticized (particularly after Trump made it clear that the firing was due to the fact that Atkinson informed Congress of the Ukraine whistleblower complaint). Yesterday, Trump unfairly attacked the Inspector General who authored a critical report on shortages in hospitals dealing with the outbreak. Trump appointed Health and Human Services Inspector General Christi Grimm but attacked her as a deep state hater despite a record of service to both Republican and Democratic Administrations. Now Trump has removed Glenn Fine — the acting Pentagon watchdog — to lead the group charged with monitoring the coronavirus relief effort. Fine is highly respected and appointed by a panel of inspectors general. All of these moves are unwarranted and dangerous attacks on our system of Inspectors General that should be condemned by both parties.

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No, The Supreme Court Did Not Just Help Rig The Wisconsin Election

Few per curiam opinions have generated as much heat from both dissenting justices as well as the media. The decision of the Supreme Court to reverse the decision of a district court judge on extending the voting for the Wisconsin election this week has generated breathless headlines and comparisons to the Bush v. Gore decision in the 2000 elections. Such hyperbolic language aside, the decision was actually quite narrow and well-supported. Moreover, the dissent is chastising the majority for denying relief that the Wisconsin Democrats never requested from the District Court in their original preliminary injunction motion.

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Why Calls For A “National Quarantine” May Be More Rhetorical Than Legal

Below is my column in the Hill on how the calls for a “national quarantine” ignore both the historical and legal foundations for such orders. While the President can reduce travel at transportation hubs and certainly call for a national quarantine as “an aspirational” matter, the legal authority to enforce a national quarantine is far from obvious.

Here is the column:

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Res ipsa loquitur – The thing itself speaks