Category: Politics

Wisconsin Teacher Put On Leave After Hoping Limbaugh Dies A Painful Death

YouTube Screenshot via C-Span

We have discussed the growing trend of teachers being fired or disciplined for their discussions or postings on social media. These cases raise difficult free speech issues for educators who make political, religious, or social comments as private citizens but are then held accountable by their schools. The latest such case is out of Milwaukee where teacher Travis Sarandos has been put on leave over a deeply offensive and callous tweet about the cancer prognosis of conservative talk show host Rush Limbaugh. Sarandos reportedly said that he thought the advanced cancer prognosis was “awesome” and that he hoped Limbaugh’s death would be a painful one. It is hard to feel much sympathy for someone who has so little for others. However, there remains a question of free speech and who decides what is permissible or impermissible for teachers to express outside of their schools and employment.

Continue reading “Wisconsin Teacher Put On Leave After Hoping Limbaugh Dies A Painful Death”

Trump Moves Against Impeachment Witnesses [Updated]

President Donald Trump has moved against two of the most prominent witnesses at his impeachment hearings in the House with the removal of Gordon Sondland, the U.S. Ambassador to the European Union and Lt. Col. Alexander Vindman, the top Ukraine policy officer on the National Security Counsel. There is no question that the President has a right to remove them and Vindman is not being “fired” but rather being transferred to a Defense Department post. Both ignored instructions from the White House not to appear in Congress. Yet, the timing smacks of retaliation against witnesses and the White House has not offered a full explanation of the action. Previously, a Pentagon official pledged that no retaliation against Vindman would be tolerated, but that might not include a transfer. What is particularly concerning is the removal of the twin brother of Vindman who did not testify and merely went with his brother as emotional support at the hearing.

Continue reading “Trump Moves Against Impeachment Witnesses [Updated]”

Trump Wins Major Emoluments Decision

I have previously written about my fundamental disagreement with the aspects of the emoluments challenges filed by various academics. We discussed the prior denial of the challenge by the Fourth Circuit. Now, the D.C. Circuit has issued a unanimous rejection of the challenge. It is a major victory for the Trump Administration and again raises the questions over the coverage of these claims, which largely omitted discussion of the considerable barriers facing these filings. It is a rejection of the challenge brought by Senators Richard Blumenthal (D., Conn.) and 215 other members of Congress.

Continue reading “Trump Wins Major Emoluments Decision”

The “Liberated” Pelosi Should Now Step Down As Speaker

Below is my column in the Hill newspaper on the controversial conduct of Speaker Nancy Pelosi at the State of the Union this week. Pelosi broke with tradition on three points: changing the greeting for the President, making demonstrations of criticism from the Speaker’s chair, and ripping up the address in protest. I previously called upon Pelosi to apologize and commit to maintaining decades of tradition for the Speaker to be neutral in the State of the Union to represent the House as a whole — Republicans and Democrats. Pelosi yesterday however doubled down and declared her protests to be perfectly appropriate and liberating. Her declaration of being “liberated” is itself both confirmatory and chilling. She liberated herself from traditions of neutrality that extends back centuries to the English Parliament.

Now liberating from rules and tradition, Pelosi is free to convert the Speakership into a more partisan role at the SOTU, including the use of the position to mock, troll, or taunt a president addressing both houses. I have joined others in criticizing Trump’s failure to shake the hand of Pelosi and his highly inappropriate comments yesterday questioning Pelosi’s and Romney’s faith. However, that does not give Pelosi license to violate this important and unbroken tradition as Speaker at the State of the Union. Indeed, the silence of Democratic members in the face of Pelosi shattering decades of tradition is equally shocking. In remaining silent, Democrats of both houses have lost any moral high ground.

Here is the column:

Continue reading “The “Liberated” Pelosi Should Now Step Down As Speaker”

No, Nancy Pelosi Did Not Violate Federal Law . . . Just Decades Of Tradition

As I have discussed, the conduct of House Speaker Nancy Pelosi, D-Calif., during the State of the Union was reprehensible and she should either promise to comply with the traditions of the House or step down as speaker. She committed three major transgressions against those traditions in changing the greeting to the President, making critical faces behind the back of the President during the address, and then ripping up the address while still in the Speaker’s chair. That last act has led some to allege that she also violated 18 U.S.C. §2071 in the destruction of an official document. That claim is dubious and should not take away from the more serious question of Pelosi violating her duty to remain a neutral representative of the whole house and not just a partisan member or worse a political troll.

Continue reading “No, Nancy Pelosi Did Not Violate Federal Law . . . Just Decades Of Tradition”

CNN’s Stelter Praises Pelosi For “Attention-Grabbing Tactics”

We recently discussed the highly inappropriate conduct of Speaker Nancy Pelosi in changing the traditional greeting of a president at the State of the Union, engaging in facial demonstrations of disapproval behind the President during the address, and ripping up the address in protest of the president from the Speaker’s chair. The outrageous conduct shattered decades of tradition of Speakers remaining neutral as representatives of the entire House, not just their own party. CNN’s chief media correspondent Brian Stelter, however, sees no pressing issue of principle or propriety. The only most pressing question for Stelter was whether it worked and he praised Pelosi for stealing the media attention at any cost. He is not alone in the coverage. This purely consequentialist view of the issues is precisely why we are living through this age of rage. The measure of Pelosi’s shocking conduct is simply whether it worked to dominate the coverage.

Continue reading “CNN’s Stelter Praises Pelosi For “Attention-Grabbing Tactics””

The Trump Verdict: Why Bad Cases Can Make Bad Law

With the exception of one vote on one article of impeachment (by Sen. Mitt Romney), the acquittal of President Donald Trump went as predicted with a party-line vote. Notably, however, the vast majority of senators, including a significant number of Republican senators, expressly rejected the core defense offered by Professor Alan Dershowitz in their statements –rejecting the position that impeachable offenses must be based on criminal allegations and does not include allegations of abuse of power. What we did not see, as discussed in this column in The Washington Post, was a bipartisan rejection of Article II.

Here is the column:

Continue reading “The Trump Verdict: Why Bad Cases Can Make Bad Law”

Pelosi Shreds Decades Of Tradition In Demonstrating Against Trump

YouTube Screenshot

This morning I have a column in the Hill newspaper on my reaction to the disgraceful conduct of Speaker Nancy Pelosi and various Democratic members at the State of the Union address last night. As I tweeted during the address, her conduct tore up more than a speech, but decades of tradition and left any semblance of civility in tatters on the House floor.

Continue reading “Pelosi Shreds Decades Of Tradition In Demonstrating Against Trump”

French Teenager Forces Free Speech Debate Over Her Calling Islam A “Religion Of Hate”

We have previously discussed the alarming rollback on free speech rights in the West, particularly in France (here and here and here and here and here and here and here). A teenager has sparked a national debate about blasphemy in France after an Instagram post calling Islam a “religion of hate”. Indeed, France has emerged as one of the greatest threats to free speech in the West and we continue to face calls for European-style speech crimes, including calls by its President on the floor of the House of Representatives. Now a teenager in France has triggered a debate over its plunge into speech crimes and regulation after characterizing Islam as “a religion of hate.” She can now be criminally investigated for hate speech under the notorious French speech law.

Continue reading “French Teenager Forces Free Speech Debate Over Her Calling Islam A “Religion Of Hate””

Gallup: Trump Hits 49 Percent On Eve Of Senate Impeachment Vote

Gallup’s latest poll this week found that President Donald Trump has not only held his level of popularity but increased his popularity. Those approving his job performance are now at 49%. While 50% disapprove—1% expressed no opinion—the approval level is actually better than the polling numbers of President Barack Obama at this time in his term. Obama was polling at that time at 46%. We have been discussing how the polling shows no real change on the position of most voters on impeachment. Yet, despite a brutal two weeks of an impeachment trial, Trump has become more popular. It may reflect that most people did not watch the trial or follow its progression.

Continue reading “Gallup: Trump Hits 49 Percent On Eve Of Senate Impeachment Vote”

“You Do Not Know What You’re Talking About”: Biden Blows Up At NBC Reporter For Raising Hunter Biden

YouTube Screenshot

We have repeatedly discussed the bizarre claim of former Vice President Joe Biden that “no one has suggested my son has anything wrong.” Biden has lashed out at media for raising the dubious business dealings of his son during his tenure as vice president. That weird pathology of denial continued in an interview with Savannah Guthrie where he became clearly angry over the raising of this continuing controversy. Biden seems to expect the mainstream media to only ask such questions about the Trump family.

Continue reading ““You Do Not Know What You’re Talking About”: Biden Blows Up At NBC Reporter For Raising Hunter Biden”

Sanders Co-Chair Denounces Bloomberg As An “Oligarch . . . Buying His Way Into This Race” [Updated]

We recently discussed how the Democratic establishment seems to be ramping up a campaign to block Sanders (as it did in 2016), including a plan to derail him at the convention. With Hillary Clinton, John Kerry, and DNC figures openly organizing against Sanders, the question is whether such a strategy, if successful, would alienate Sanders’ supporters in picking someone like Michael Bloomberg as an establishment choice. A remarkable exchange with Bernie Sanders’ national campaign co-chair Nina Turner last night on MSNBC may give a glimpse at such a future — and there is reason for the DNC and the Democratic establishment to be worried.

Continue reading “Sanders Co-Chair Denounces Bloomberg As An “Oligarch . . . Buying His Way Into This Race” [Updated]”

Is Iowa Ready For Democracy?

That is a silly question. Of course, Iowa is ready for democracy . . . it is just not ready to actually use it in real time. Once again, the nation is held hostage to a system that makes one long for a good speedy election from the North Korean Supreme People’s Assembly. Putting aside the question as to whether Iowa should be the first critical measure of the national election, the caucus system makes as much sense as selecting candidates by counting spontaneous flash mobs. It is clearly time to end the Iowa caucuses in favor of a system this side of the seventh century. I stayed up to around 11 and then threw in the towel. Many have call justice delayed justice denied. I just call it Iowa.

Continue reading “Is Iowa Ready For Democracy?”

How The House Lost The Witnesses Along With The Impeachment

Below is my column in The Hill newspaper on the continued effort to ignore the obvious and catastrophic decision of the House leadership to rush the impeachment vote by Christmas rather than complete the record against President Donald Trump. This denial continues despite the fact that, after saying that they had no time to seek witnesses or favorable court orders, the House leadership then waited a month before released the articles of impeachment. Clearly, the record would have been stronger if the House waited and sought to compel witnesses. It also would have kept control of the record and the case. I encouraged them to vote in March or April, which would have given them plenty of time to secure additional testimony and certainly a number of favorable court orders. However, recognizing this obvious blunder would take away from the narrative that the case failed only because the Republicans were protecting Trump in the Senate.

Here is the column:

Continue reading “How The House Lost The Witnesses Along With The Impeachment”

NBC/Wall Street Poll: Support For Trump’s Removal Remains Unchanged

It is still unclear what the strategy was for the House leadership in rushing a vote on impeachment by Christmas despite a clearly incomplete case. The assumption is that the leadership wanted to be done by the Iowa caucuses and focus on winning public opinion rather than Senate vote. If so, like the impeachment, it was a demonstrative failure. The most recent polling shows little change in the view of voters on the removal of President Donald Trump. Moreover, according to the latest NBC News/Wall Street Journal poll, roughly half (49%) of voters opposed removal while 46% favor removal. In other words, the impeachment left the country as it found it: divided into two equally outraged halves.

Continue reading “NBC/Wall Street Poll: Support For Trump’s Removal Remains Unchanged”