Category: Politics

A Vast Virus Conspiracy?Clinton Accuses Trump Of “Racist” References To The “Chinese Virus” To “Distract” The Public

Former Secretary of State Hillary Clinton has joined other critics of President Donald Trump in denouncing what she sees as racist language being used to “distract” the public. She is referring to Trump’s reference to the “Chinese virus.” The reference to the origin of the virus is fairly common and it is hard to see how such a reference “distracts” anyone from any aspect of the pandemic. China does appear to have failed to immediately notify the world of the virus or share accurate information in the early critical period. The response of China this week was to throw out reporters from leading media organizations for reporting on the origin and spread of the virus in China. Two Chinese experts referred to this as the “Wuhan virus” until they were pressured to take down their column. Now, it appears that others want all reference to the origins barred as an act of racism.

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MSNBC Legal Analyst: Trump Must Be Investigated For Negligent Homicide And Manslaughter

YouTube Screenshot/MSNBC

We recently discussed how an American University professor called for the impeachment of President Donald Trump over his handling of the coronavirus outbreak. Not to be outdone, MSNBC legal analyst Glenn Kirschner is now declaring that Trump should be charged with negligent homicide over his conduct. While insisting that, as a former prosecutor, this is something he “actually know[s] too much about,” Kirschner proceeds to utterly misrepresent the controlling law and definitions of such a criminal case. While I come from the other perspective of a criminal defense attorney, the argument being put forward by the MSNBC legal analyst is devoid of any basis in the law. It does however play well for those who believe impeachment or prosecution are entirely fluid and relative concepts when it comes to Trump.

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Free The Trolls: The Justice Department Moves To Drop Major Mueller Case Against Russian-Linked Companies

It appears that trolls are enjoying St. Patrick’s Day as much as Leprechauns. The Justice Department shocked many by dropping the matinee case of former Special Counsel Robert Mueller against two Russian companies accused of funding the “troll farms” in the 2016 election. Many critics have charged that the trolling operation was laughingly ineffective and clumsy. Moreover, the evidence against the companies, including Concord Management and Consulting LLC and Concord Catering, was questioned. The prosecutors, while defending the original charges, moved to dismiss the case because they viewed the trial as threatening national security secrets. That claim seemed like more of a spin in a case that never seemed to materialize into hard evidence to support these charges. Update: The company has announced that it will sue the U.S. government for billions in damages — a move that will once again raise this same information for trial.

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The Death of Irony: How A Judge’s Attack On Judicial Bias Backfired

Below is my column in the Hill newspaper on the recent criticism of the Roberts Court by a federal district judge. The law review article makes a stronger case for critics who view some judges are part of a deep bench movement against Trump. I do not see that pattern but I do view Judge Lynn Adelman as well outside of the navigational beacons for public commentary by federal judges.

Here is the column:

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The Corona Commutation: Michael Cohen Calls On Trump For The Immediate Release of Prisoners . . . Like Michael Cohen

C-Span/YouTube Screenshot

Michael Cohen, the former personal attorney and “fixer” for President Donald Trump, is calling on his former client to order the release of non-violent prisoners to avoid imposing a “death sentence” on him and others. The petition is a “plea to the President of the United States to save lives” to avoid a threat of lethal exposure for inmates like Cohen. Of course, given the extreme animosity that exists between Trump and Cohen, that may not be the optimal spin for inducing presidential action.

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Nationalization Now: De Blasio Calls For Curtailing Capitalism To Fight Corona

I admit to being no fan of New York City Mayor Bill de Blasio who achieved the distinction of a zero popularity polling with a 58 percent unpopularity rating in New York city for his presidential run. De Blasio failed to generate support despite his effort to unleash class warfare with such pledges as “we will tax the hell out of the rich.” Now, de Blasio appears to have gone full for Gosplan with his call for nationalizing certain industries to combat the spread of the novel coronavirus. Capitalism again appears to be the problem; fueling the spread of corona by preventing decisive action. Call it coronalism and de Blasio is here to end it.

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Connecticut’s Gun-Control Law Triggers New Challenge Under Heller

The Supreme Court has still not dismissed a New York gun case where New York City officials passed, in my view, a clearly unconstitutional gun control measure. Then, after proclaiming that they would defend the law to the Supreme Court, they tried desperately to withdraw the case after review was granted. That creates a serious question of mootness in New York State Rifle & Pistol Association Inc. v. City of New York. However, they may have pushed this game too far with the Court, which clearly did not like being played by politicians using the courts for grandstanding. Yet, there is a case out of Connecticut that could prove equally, if not more, important in defining the edges of the Second Amendment.

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American University Professor Calls For Trump Impeachment Over The Coronavirus Response

Professor Chris Edelson, assistant professor of government at American University, has penned an opinion column calling for President Trump to resign or be impeachment for his handling of the coronavirus crisis. It is just the latest in a long line of such impeachment theories that reflect a fundamental misconception of the function and standard for the removal of an American President.

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A Family Or Corporate Matter? CNN Contributor Andrew Gillum Found Inebriated In Miami Hotel Room With Illegal Drugs

It is less than 24 hours since the story broke but CNN contributor and former Democratic candidate for Florida governor, Andrew Gillum is already being referred to as a “former rising star of the Democratic party.” That is not a good sign. Gillum was found “inebriated” early Friday morning in a hotel where meth was also recovered. The story may rekindle a long controversy over “morals clauses” in media contracts.

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No, Schumer Did Not Violate Legal Ethics In His Threat Against The Court

I previously wrote about the highly improper threats made against the Supreme Court by Senate Minority Leader Chuck Schumer (D., N.Y.). Schumer is now facing both complaints in the Senate and in the New York bar. The Senate has a legitimate concern about a member threatening the Court with retaliation if it does not rule in the way that he favors. However, as my column noted, Senator Whitehouse and others have made the same type of threats. Any censure or sanction remains a matter for the Senate but it would have to distinguish between Schumer’s statements and past hyperbolic statements of other senators. My main concern is the the bar complaint against Schumer. Despite my stated and strong disapproval of his threats against Associate Justice Neil Gorsuch and Brett Kavanaugh, I do not believe that this is a matter for the New York bar. Indeed, I view the effort as a threat to protected political speech.

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What Bernie Sanders Has That Joe Biden Doesn’t

Below is my column for BBC on the Sanders campaign and my recent discussion of the election with over a dozen of his supporters at the University of Michigan. Biden is being portrayed as the effective nominee after last Tuesday and at least one Democrat is suggesting the cancelation of the remaining primaries. However, polls show a distinct lack of excitement about Biden as a candidate. His express selling point is that he is better situated to defeat Trump. That leaves an obvious vacuum on positive passion that was so evident at the Sanders rally that I attended.

Here is the column:

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The Curse Of Eugene Debs: Sanders Loses On The 100th Anniversary Of Socialist’s Demise

Below is my column in USA Today on the significance of March 10th as the likely critical blow to Bernie Sanders in his campaign for the presidency. That was the day — 100 year ago — that Eugene Debs, the last major socialist presidential candidate, lost his bid for freedom. He would run his final presidential campaign from jail. Sanders seems to have fallen to the Eugene Debs curse not just in terms of the calendar but the response of the establishment. Liberal icons like Louis Brandeis would join in condemning him to prison and his presidential campaigns were harassed by a wide array of political and police forces. For Sanders, the only thing that has changed is the threat of criminal prosecution. The united front against his campaign remained the same.

Here is the column:

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Ultra Virus: Hunter Biden Self-Quarantines Himself . . . In Refusing Deposition On Child Support [UPDATED]

We have been discussing the long litigation of the Hunter Biden to first deny that he is the father of a child in Arkansas and then, after DNA testing proved he is the father, to resist efforts to establish child custody. He is now facing a contempt sanction for refusing to answer questions about his net worth and, after repeated court filings, was scheduled for a March 11th with what seemed like no-excuses court order. Now however Biden has a novel claim. Indeed, it is novel coronavirus and the danger of traveling. Thus, he is not acting ultra vires as much as ultra virus. Update: The judge has denounced Hunter Biden’s effort at delay as yet another “duplicitous” filing.

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The Other Biden Problem: James Biden Now Facing Allegations Of Influence Peddling [UPDATED]

If reports are accurate, influence peddling may be something of a family cottage industry. Biden and his business partners however insist that their business dealings have been widely misrepresented in the media. While Congress continues to look at the Hunter Biden contract and his effort to sell his name to foreign companies, the brother of Joe Biden is facing the same allegations in an expanding controversy over his selling of his connection to the former vice president. James Biden was anything but subtle in his pitching his connections to his brother. Update: after initially posting this blog, I heard from Michael Lewitt, friend and partner of “Jim” Biden, who offered some useful (and not widely known) details on the loan controversy in this litigation. I have offered their side of this litigation below, which makes some good points. It also gives a perspective of a core player who has found himself at the center of a swirling controversy during a vicious presidential election cycle.

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What Establishment? MSNBC’s Katy Tur Offers Bizarrely Circular Analysis Of Expected Sanders Loss

YouTube Screengrab

We have been discussing the openly hostile treatment of Bernie Sanders on MSNBC by hosts like Rachel Maddow. MSNBC has often been cited with CNN as one of the main voices of the Democratic establishment working against Sanders. On the eve of the all-important Michigan primary, MSNBC was true to form and script with a bizarre question by MSNBC Katy Tur: “Can he continue to blame the establishment if he loses in Michigan?” For those of us who are alarmed by the bias against Sanders by the media and political establishment, the question showed an utter lack of self-awareness. If Sanders loses today, it will come after a concerted effort of virtually every establishment candidate in the country. Why would a loss after such a crushing campaign by the establishment be proof that there was no campaign by the establishment? This does not mean that many voters honestly do not support Sanders’ radical agenda, but Tur’s comments reflects an effort to deny what has been obvious and open in the long-effort to derail Sanders.

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