Category: Politics

“How Did It Get So Late So Soon?”: The Democratic Impeachment Erodes With Opinions and Time

Below is my column in The Hill newspaper on the recent decision on the appearance of a key witness, Charles Kupperman, in the House investigation. The abandonment of the subpoena on Kupperman highlights what will be a major question in the Senate of why the Senate should demand witnesses who the House failed to seek to compel. By rushing the impeachment and forcing a vote before Christmas, the House gave up control over an incomplete and insufficient case for removal. It gave up that control to a chamber controlled by the opposing party. Speaker Nancy Pelosi’s attempt to game the system has not achieved any concession from Senate Majority Leader Mitch McConnell. Few of us believed it would. Now the House will proceed on the thinnest record ever presented in a modern presidential impeachment trial.

Here is the column:

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Yale Psychiatrist Calls On Pelosi To Put “A Mental Health Hold” On Trump

I have previously criticized psychiatrists who have regularly appeared on the air to identify a variety of mental illness that they have observed in President Donald Trump from afar. As I discussed in a prior column on the demise of the Goldwater rule, this is diagnosis without examination and often seems mixed with strong political judgments about Trump’s political positions. Bandy X. Lee, a professor of psychiatry at the Yale University School of Medicine, has been one of the most outspoken and last week urged House Speaker Nancy Pelosi to demand some ill-defined “hold” on the president pending psychiatric examination. Her position latest position is utterly bizarre but has been treated as a serious discussion point by some media like Salon magazine.

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Study: Air Pollution Causes Loss In Bone Density

We often discuss how pollution is often discussed without addressing studies showing hundreds of thousands of premature deaths each year due to its health impacts. One of my greatest disagreements with the Trump Administration is its staunchly anti-environmental policies and its opposition to climate change reforms. Indeed, additional rollbacks on environmental protections are being pushed forward by the Administration. The connection between air pollution and death rates for lung cancer, stroke, asthma and other ailments is well established. Now a new study has linked it to the loss of bone density and strength.

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Trump Warns That The U.S. May Hit 52 Iranian Sites Including Cultural Sites

President Donald Trump is often incautious in his language when speaking on the international stage. Words matter in diplomacy which often reflect important distinctions of international law. President Trump’s latest tweet is an example of this pattern. In pledging to strike back “very fast and very hard” to any Iranian retaliation for the killing of Iranian General Qassem Soleimani, Trump included striking Iranian cultural sites. Under international law, the targeting of cultural targets is viewed as a war crime. The U.S. military has a long history of avoiding such targets.

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Biden Denies Ever Opposing Bin Laden Raid

Recently, Joe Biden “clarified” his pledge to defy any Senate subpoena to testify in the Trump impeachment trial but stating the exact opposite in a later interview. Now, in a remarkable contradiction, Biden has denied that he advised against the Bin Laden raid in 2011 despite his statement to the contrary eight years ago. Given the importance of the issue to his views as president, the latest in a long line of contradictions could further undermine Biden’s position in a still competitive Democratic field.

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Is Fake News Hard Wired? Study Finds People Misremember Facts To Fit Their Beliefs

I recently criticized NBC Meet The Press host Chuck Todd for suggesting that Trump supporters are fantasy-prone dimwits who just want to be lied to. A new study may indicate why people across the political spectrum tend to ignore opposing views and rest comfortably with echo-journalism. Researchers at Ohio State University found that people tend to misremember numbers to match their own beliefs. They think that they are basing their views on hard data when they are actually subconsciously tailoring that data to fit their biases.

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Moore: Most White People Are “Not Good People” And Are Dangerous If Encountered On The Street

Filmmaker Michael Moore recently showed how polarizing our national dialogue has become over race. Moore declared that the vast majority of whites in this country “are not good people” and that others should “be afraid” of them in an interview on The Rolling Stone podcast “Useful Idiot.”

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Rep. Green Tells MSNBC That The “Genesis” For Trump’s Impeachment Began Before He Was Elected

Rep. Al Green (D, Tex.) has remained the most quoted Democratic member . . . . by Republicans. Green has given Republicans quotable gems to show a long-standing and unending effort to impeach Trump from his very first day in office. His most popular GOP talking point is “I’m concerned that if we don’t impeach this president, he will get reelected.” However, Green has also said recently that the House may continue to impeach Trump and has called for an array of clearly illegitimate articles of impeachment. Now, Green has given Republicans a quote to reinforce its narrative by declaring that the “genesis” of the impeachment began before Donald Trump was even elected. That is likely to be added to the top Green quotes for the upcoming Senate trial.

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Chuck Todd Asks Whether Trump Supporters Simply Want To Be Lied To

NBC News anchor Chuck Todd is under fire for an openly derisive comment about Trump supporters as effectively delusional drones who want to be lied to. He even added a dig at belief in biblical accounts like Noah’s Ark. It is the latest example of how open bias has become the norm on mainstream media. Imagine if Todd said Obama supporters are ignorant voters who just want to be lied to. This is precisely why the media is now driving some voters to Trump and reinforcing echo-journalism on both sides.

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The Eleventh Commandment: Thou Shalt Not Testify For Republicans

Below is my column in The Hill newspaper on the perils of professors who agree to testify as Republican witnesses, particularly in an impeachment. It is not the continuing threats against me and my family. That happened when I testified in the Clinton impeachment. No, it is the response of fellow academics and the degree of flagrantly false stories in the media. As a lawyer, I have worked with accused murderers, polygamists, spies, terrorists, and others. However, nothing produces the unhinged rage as appearing as a Republican witness.

Here is the column:

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Tax Avoidance: A Moral Duty

By Darren Smith, Weekend Contributor

While it is a truism that in many respects some form of taxation is needed to provide necessities to a society, in practice many government and social detriments arise as either a consequence to or are derivative of tax policy. I’ve found for myself that fostering a personal goal of avoiding specific taxation or in many cases excessive taxation generally comports with a greater advocacy of morality in several beneficial forms.

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No, I Never Said Sotomayor Wasn’t Smart Enough For The Supreme Court

When I agreed to testify in the Trump impeachment hearing, I knew that that I would be attacked for my testimony. With roughly 54 pages of testimony, there would be ample areas of good-faith disagreement. The surprising thing was the tsunami of attacks for things that I did not say. The most vile was that I previously said that Justice Sonia Sotomayor “wasn’t smart enough for the Supreme Court.” That false story appears to be traced to a tweet from from another law professor, Baltimore Law Professor Garrett Epps stating “Does anybody else remember @JonathanTurley appearing on MSNBC to explain that Sonia Sotomayor didn’t have the intellect to serve on the Supreme Court?” I certainly don’t because I never said such a thing. However, Epps and an array of reporters did not feel that such a statement required a modicum of actual research. (I am giving Professor Epps the benefit of the doubt that he did not actually watch the video that he linked. If he did, he clearly chose to ignore where I clearly state a very different point about Sotomayor’s opinions while saying that she could still emerge on the Court as a great justice like Justice John Paul Stevens).

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“There’s No Impeachment”: Trump Repeats Feldman’s Flawed Interpretation Of The Constitution

I recently criticized the position of my fellow witness from the Trump impeachment hearing, Professor Noah Feldman, that Trump is not technically impeached until the articles of impeachment are referred to the Senate. I have known Noah for years and respect him but this theory is utterly without foundation in the text or history or logic of the Constitution. The theory is a chimerical conflation of the impeachment and removal provisions. President Donald Trump however has seemingly embraced the theory that he is not actually impeached. Even as mockery, Feldman’s theory should not be further referenced in my view as credible. The President’s status is clear. He stands impeached, but untried.

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Democratic Senators Line Up in Declarations Of Guilt Before The Senate Impeachment Trial

Both Democratic members and various media outfits have continued to castigate Majority Leader Mitch McConnell and Senator Lindsey Graham for saying that they will not pretend to be unbiased as jurors. I have been critical of such statements treating the Senate trial as simply a political exercise. However, I am concerned over the striking lack of media coverage of Democratic members who continue to signal that they also have made up their minds on the verdict before an actual trial has even begun. I recently discussed the statement of Senator Chris Coons on the dangers of failing to convict and remove Trump. The latest such examples were evident last night at the Democratic debates where Senators Elizabeth Warren, Bernie Sanders, and Amy Klobuchar pronounced the guilt of Donald Trump before any trial. None of those comments yielded the shock and disgust over their failure to reserve their judgment. Klobuchar declared that the impeachment was nothing less than “global Watergate.”

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