Category: Politics

Constitutional Law, Media, Politics

MSNBC Cuts Off Presidential Press Conference Because “The President Isn’t Telling The Truth”

Yesterday, there was an extraordinary — and defining — moment on MSNBC when host Nicole Wallace cut off coverage of President Trump’s press conference on the basis that the network did not agree with what he was saying about Joe Biden and his son’s controversial windfall contract with a Ukrainian energy company during the Obama Administration. Wallace simply declared Biden was cleared and that Trump was lying so there was no need for viewers to listen. It ignored any semblance of covering the news and MSNBC appears perfectly okay with a host regulating what viewers believe based on her view of what is true.

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Congress, Constitutional Law, Criminal law, Media, Politics

Transcript: Trump Asks For “Favor” in Investigating The Bidens But Stops Short Of A Quid Pro Quo

The release of the transcript of the conversation of President Donald Trump and Ukraine President Volodymyr Zelenskiy falls a quid short of a pro quo but still raises troubling questions. As I have discussed on CBS and BBC, the transcript shows that Trump never expressly tied military aid to the “favor.” However, he does push his counterpart to reopen the investigation and even promises to put together a call with his private counsel Rudy Giuliani and Attorney General Bill Barr. However, the Justice Department has released a statement that Barr was not informed of the call by Trump and never spoke with the Ukrainians. While Republicans have called the release of the transcript as a mistake, I believe credit again should be given for the waiver of executive privilege. As with the Mueller report, the White House erred on the side of transparency and that should be noted. There remains a serious question for Congress to investigate but the transcript does not establish the quid pro quo that is practically needed for a compelling case of impeachment.

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Congress, Constitutional Law, Criminal law, International, Politics

Report: Trump Froze Military Aid Shortly Before Ukrainian Phone Call Asking For An Investigation Of Joe Biden And His Son

Calls for impeachment are rising on Capitol Hill as more details emerge from a call by President Donald Trump to Ukrainian President Volodymyr Zelensky in which he repeatedly asked for the investigation of Joe Biden and his son, Hunter Biden. Now, reports indicate that Trump froze roughly $400 million in military aid shortly before the call. The timing could reinforce arguments of an implied or express quid pro quo arrangement. Update: Trump confirmed that he ordered the withholding of funds.

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Constitutional Law, Criminal law, Politics

Weld: Trump Guilty Of Treason

Former Massachusetts Gov. Bill Weld, who is running against President Trump in the Republican primaries, drew headlines on Monday by declaring that Trump’s call to Ukrainian President Volodymyr Zelensky asking for an investigation of Joe Biden and his son constitutes treason. Indeed, the normally circumspect Weld, said that Trump could be executed for his conversation. The claim is wildly off base. The call could theoretically be criminal if, as I have written recently, there were a quid pro quo or suffice as an impeachable offense. That will depend on the facts that unfold in the coming weeks. However, it achieves nothing to escalate the debate far beyond the reasonable interpretation of the criminal code.

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Columns, Congress, Constitutional Law, Politics

Pelosi’s Nightmare: The Democrats Stumble Over Potentially Impeachable Offense

Below is my column in the Hill on the implications of the controversy over the call of Donald Trump to the President of the Ukraine. Trump has now admitted to asking for the investigation of Joe Biden and his son, Hunter. As predicted in this column, the Democratic leadership has struggled to dampen calls for an impeachment, including the effort of Nancy Pelosi to call for legislation on indicting a sitting president. Of course, not only do many of us believe that you can indict a sitting president, but the legislation is utterly irrelevant to question of impeachment. Not surprisingly, the pressure is building after years of claiming the desire, but not the grounds, for such an impeachment.

Here is the column:

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Bizarre, Congress, International, Media, Politics

Biden: I “Have Never Spoken To My Son About His Overseas Business Dealings”

Joe Biden was speaking with reporters in Iowa when Fox News reporter Peter Doocy asked the relevant question about the controversy over his son’s windfall business dealings while he was Vice President. Doocy asked “How many times have you spoken to your son about his overseas business dealings?” Biden’s response was the second greatest surprise from the press scrum. Biden declared “I have never spoken to my son about his overseas business dealings.” The greatest surprise was what followed. Nothing. The rest of the press corps let Biden walk away without a single follow up answer of how it is possible for Biden could fly to China on Air Force II with Hunter Biden and never hear that his son was about to close an over billion dollar deal with the government’s Bank of China. Nothing. I just wrote a column noting the conspicuous lack of interest in the Biden deals by the media. Biden simply attacked Trump and barked at Doocy to “Ask the right questions!” He then continued on with his campaign.

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Congress, Constitutional Law, Courts, Criminal law, Politics

Trump: I Cannot Be Criminally Investigated While In Office

In another extreme and dubious argument in court, President Donald Trump has gone to court against to block Manhattan District Attorney Cyrus Vance from gaining access to his tax returns. The President’s resistance to disclosing his taxes is now legendary, including differing excuses. However, this 20-page filing contains a particularly disconcerting argument that Trump cannot be criminally investigated while he is in office. It is an argument that has little support in either the text of the Constitution or cases dealing with Article II.

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Bizarre, Criminal law, Media, Politics

Giuliani Denies Then Admits To Asking Ukraine To Investigate Joe Biden

This morning on NPR, I discussed the latest controversy triggered by President Trump’s personal lawyer, Rudy Giuliani. We have previously discussed the often conflicting statements made by Rudy Giuliani in this representation of President Donald Trump and the failure to follow a type of legal Hippocratic oath to first do no harm to one’s client. Last night Giuliani triggered another firestorm of criticism on CNN after he first denied speaking to Ukraine about investigating Joe Biden and then immediately contradicted himself and said that he did.

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Congress, Constitutional Law, Politics

Report: Trump Was Subject of Whistleblower Complaint Over Security Threat

Congress and the White House are in a standoff after the Administration refused to disclose a whistleblower complaint to the Inspector General over a national security breach — a complaint that under federal law is to be supplied to Congress. There is now a Washington Post report that the Complaint concerns a “promise” made by President Donald Trump to a foreign leader that was considered so serious that it prompted an intelligence official to file the complaint and prompted the Inspector General to declare the matter an “urgent concern.” Trump has been previously criticized for disclosing classified information, including a serious breach in a meeting with Russian officials.

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Bizarre, Media, Politics

Trump Retweets Fake Video Of Omar Dancing On 9-11

President Donald Trump has made a mantra of his “fake news” attack on journalists. However, he has repeatedly retweeted false stories and the most recent is particularly concerning. Trump shared an edited video made by a comedian that falsely portrayed Rep. Ilhan Omar dancing and partying on the 18th anniversary of the 9/11 terrorist attacks. It triggered a chorus of objections. It was also entirely untrue.

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Bizarre, Media, Politics

Fuhgeddaboudit: De Blasio At 0 Percent Support In New York City With A 58 Percent Unfavorability Rating

New York City Mayor Bill de Blasio has tried everything to jump start his presidential campaign which has wallowed a 0 in national campaigns. From promising to “tax the hell out of the wealthy” to free education to free health care, de Blasio has tried everything. One of this central themes has been to herald his own performance as the mayor of New York. However, a new Siena College poll shows that de Blasio is even less popular in New York city with 58 percent of New Yorkers holding an unfavorable view of him. Even more telling is the fact that his own city shows the same 0 percent support that he has nationwide for president. Even Billy Crystal mocked de Blasio in declaring “You are going nowhere. Come back and clean up this city.

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Congress, Constitutional Law, Media, Politics

“Feel Free To Leak This”: Pelosi Blasts Judiciary Committee Over Impeachment Efforts

For over two years, I have written that the Democratic leadership had no intention to impeach Donald Trump. The problem has been that the voters gave the House back to the Democrats in part to pursue impeachment. With the House Judiciary Committee moving forward, Speaker Nancy Pelosi has become more and more direct in reminding them that this is not a real effort. The most strident statements came out of a meeting yesterday with Pelosi not only blasting the Committee (and its Chair Jerry Nadler) but telling attendees “feel free to leak this.”

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Columns, Congress, Constitutional Law, Courts, Media, Politics

Kavanaugh Impeachment Would Be Long On Politics And Short on Principle

Below is my column in the Hill newspaper on the recent allegations published by the New York Times against Justice Brett Kavanaugh. Despite the drafting of an impeachment resolution, the Democratic leadership has signaled that it has no intention of moving forward with an investigation. Instead it has been the New York Times that have been on the defensive over omissions from the column. Nevertheless, most of the Democratic candidates for president have called for Kavanaugh’s impeachment.

Here is the column:

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Media, Politics

New York Times Reporter Refuses To Answer Questions About Controversial Tweet

Robin Pogrebin, New York Times reporter, just gave an interview with CNN on Tuesday morning that was striking in what was not discussed. Pogrebin and Kate Kelly, who are co-authors of the new book “The Education of Brett Kavanaugh: An Investigation,” have have been under attack for an opinion piece that highlighted a new and salacious allegation against Supreme Court Justice Brett Kavanaugh. The column omitted the critical fact that the woman involved in the incident reportedly has no memory of it. Pogrebin and Kelly have stated in the last 24 hours that it was an editing error and that they originally had the information in their article. As someone who has written for various newspapers as a columnist, I am perfectly willing to believe their account. Such things happen in editing. However, I was more surprised by the refusal to answer questions this morning, including Pogrebin’s alleged authorship of a controversial tweet.

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Columns, Congress, Constitutional Law, Courts, Politics, Society

Pelosi’s Poison Pill? Speaker’s Comments Are Cited In Federal Court To Block Impeachment Inquiry

Below is my column in The Hill on the recent filings in federal court by the Justice Department opposing the effort of the House Judiciary Committee in seeking grand jury material redacted from the Mueller Report. The Justice Department is relying on the comments of Speaker Nancy Pelosi in arguing that there is no real impeachment investigation proceeding in the House.

Below is the column

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