Category: Politics

Columns, Congress, Constitutional Law, Lawyering, Politics

Are Democrats Giving Trump An Excuse To Pardon Manafort?

Below is my column in The Hill newspaper on the effort in New York to change constitutional protections against double jeopardy to allow prosecutors to charge former Trump campaign chair Paul Manafort with state offenses. The effort is to guarantee that Manafort goes to jail if President Donald Trump gives him a pardon. The sight of politicians campaigning on the pledge to jail Manafort raises serious concerns of this highly selective effort. Moreover, the effort to change New York constitutional protection to get Manafort could give Trump precisely the basis for a pardon that Democrats are preemptively trying to deter. I have repeatedly said that a pardon for Manafort would be inexcusable. He has more than earned any sentence that a court chooses to give him and the New York effort should not change that. However, if the Democrats tailor their constitutional protections to get Manafort, they are giving Trump the ability to say that he is responding to selective targeting of Manafort to guarantee that he is not punished twice for the same underlying conduct. More importantly, New York should not sacrifice its commendable protection against double jeopardy to get Manafort. He is not worth it.

Here is the column:

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Bizarre, Criminal law, International, Media, Politics

Putting The Capital Back Into Capital Murder: Saudi Crown Prince Gathers Fawning Leaders To Prove His Immunity

I have previously expressed my outrage at the position of the Trump Administration in failing to hold Saudi Arabia’s Crown Prince Mohammed bin Salman accountable in the murder of Washington Post journalist Jamal Khashoggi at the Saudi consulate in Istanbul last year. The evidence is overwhelming that the Crown Prince (who has a blood-soaked reign in the Kingdom) ordered the savage murder. Now, the Crown Prince is doing a world tour and assembling fawning leaders to show that he is effectively immune from such quaint notions as murdering journalists. Countries like Pakistan have accepted billions from the Kingdom and are now pandering to the Crown Prince, including giving the accused murderer a gold-plated submachine gun.

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Bizarre, Politics

Bernie Sanders Attacked For Calling On Candidates To Be Judged On The Merits Not Their Identity Groups

It seems increasingly common for me to find myself utterly confused by American politics. I have admittedly always liked Bernie Sanders and I liked his interview on Vermont Public Radio where addressed the upcoming presidential campaign. He said “We have got to look at candidates, you know, not by the color of their skin, not by their sexual orientation or their gender and not by their age. I mean, I think we have got to try to move us toward a nondiscriminatory society, which looks at people based on their abilities, based on what they stand for.” If that would seem like an unassailable and uncontroversial statement, guess again.

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Congress, Criminal law, Politics

IT IS TIME FOR ACOSTA TO RESIGN

With the ruling of Judge Kenneth A. Marra of Federal District Court in West Palm Beach on the obscene plea deal with Jeffrey E. Epstein, it is time for Labor Secretary Alexander Acosta to resign. Marra found, as many of us have long argued, that the deal cut by Acosta violated federal law and allowed the infamous financier to get a disgracefully low sentence. Many of us objected to his nomination by President Donald Trump and condemned the Senate for confirming him. It is now time for him to resign.

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Academia, Congress, Constitutional Law, Politics

The Warren Wealth Tax: A Response To Professor Bruce Ackerman

I recently wrote about the constitutional questions raised by the wealth tax proposed by Elizabeth Warren given countervailing constitutional dictates and standing precedent. One of the early advocates of such a tax has been Yale Professor Bruce Ackerman who assured Warren that such a tax would be constitutional. In a Slate column entitled “Constitutional Critiques of Elizabeth Warren’s Wealth Tax Proposal Are Absurd,” Ackerman dismisses any possible constitutional challenge as not “serious” and “absurd.” Putting the hyperbole aside, I wanted to respond to the substance of the column since it makes reference to my earlier Washington Post column. As I have previously said, there are good-faith arguments on both sides of this issue and the outcome is likely to be a close vote. However, Ackerman’s reduction of countervailing arguments to absurdity not only omits key arguments but creates an incomplete account of the case against such a wealth tax.

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

Open Windows and Open Borders: A Lesson From The Founders On Conflict Resolution

Below is my column for the BBC on the controversy over President Donald Trump’s national emergency declaration. Sixteen states, led by California’s Attorney General, are now suing. Others lawsuits have been filed on behalf of landowners and others. The lawsuits appear to challenge both the basis for an emergency declaration and the funding. I still expect Trump to prevail in the long-run if this goes to the Supreme Court. Ironically, House Intelligence Chair Adam Schiff said this weekend that this controversy would be the “test” of his colleagues integrity and principles. Yet, Republicans could easily point out that Schiff never objected or took action when President Barack Obama circumvented Congress, including ordering the payment of potentially billions out of the Treasury after Congress refused to fund part of the Affordable Care Act. He was also silent when Obama not only refused to get authorization for the Libyan War but used undedicated funds to pay for it without an appropriation from Congress.

As this column discusses, there was at one time a much easier way to resolve the most bitter differences among political figures.

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Columns, Congress, Constitutional Law, Politics

Why Trump Will Win The Wall Fight
Custom and Border Protection

Below is my column in The Hill newspaper on the litigation against the declaration of a national emergency by President Donald Trump in order to build his long-promised wall. Some members of Congress has said that they expect the House of Representatives to sue while private litigants have already filed challenges. Regardless of the litigants (and there are likely to be a mix of parties), they face similar barriers in convincing a federal judge to rescinded a declaration that Congress has not rescinded. This is a straight statutory interpretation case, not the “constitutional crisis” widely described by critics. There are possible claims against the funding conditions, but Congress gave the President not just the unfettered authority to declare such emergencies but the largely unconditioned appropriations that he may use to build the wall.

Here is the column:

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International, Politics

Egypt’s Parliamentary Bill Legislates Ability For al-Sisi To Hold Power Until 2034

By Darren Smith, Weekend Contributor

We have another example of a parliament facilitating another eternal presidency. Egypt’s Parliament acted this week to amend the nation’s constitution to allow its current president, Abdel Fattah al-Sisi, to remain in power to 2034. Much of the pretext lies in the familiar call of a need for greater control and monopolization of the presidency to secure promised “reforms” and “progress”.

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Criminal law, Politics

Fight or Flight: Why An Obstruction Case Against Trump Is Likely To Fail

Below is my column in The Hill newspaper on the known basis for an obstruction case against President Donald Trump. While much more has been learned since the appointment of the Special Counsel, there remains considerable doubt about a prosecutable case for obstruction.

Here is the column:

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Bizarre, Congress, Criminal law, Politics

Cohen Goes Out On The Town After Postponing Testimony Again For Health Reasons

I have been a long critic of Trump former counsel Michael Cohen whose lack of legal skills is only surpassed by his lack of legal ethics (here and here and here and here and here and here). Cohen is a serial liar and legal thug who committed various tax and fraud crimes worth millions. Cohen was given an absurdly low sentence by U.S. District Judge William H. Pauley III who fell for the latest dubious pitch of Cohen. While a teenager will get twice as much time for robbing a store for $1000, Cohen got just three years for stealing millions and lying under oath. He then was called to appear before Congress and worked a new sham as the redemptive sinner. Yet, there is always a warning of Caveat Emptor that comes with dealing with Cohen: buyer beware. Cohen has now postponed testimony repeatedly in Congress. The latest excuse was his health — a claim that was refuted by a videotape showing him enjoying a night out on the town at an expensive restaurant the night before.

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Politics

U.S. Debt Reaches $22,000,000,000,000

We have previously discussed the soaring debt in the country as both Democrats and Republicans plunge this nation into shocking debt levels. This week we passed another milestone in our debt surpassing $22 trillion for the first time in history. That is a jump of $30 million in just the last month alone. In the meantime, members of Congress and the White House continue to demand more massive levels of spending.

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Bizarre, International, Media, Politics

WSJ: National Enquirer Publisher Asked The Justice Department If It Should Register As Saudi Agent

We have been following the seedy legacy of American Media CEO David Pecker and his National Enquirer tabloid. Pecker is a cooperating witness with Special Counsel Robert Mueller after using his publication to pay off a former Playmate model who reportedly had an affair with President Donald Trump. Pecker and the newspaper previously denied the arrangement to help Trump by buying and killing the story of Karen McDougal.  AMI was also recently implicated in an effort to effectively blackmail Washington Post owner and Amazon CEO Jeff Bezos with the threat to release embarrassing photos. Bezos suggested that AMI was acting at the behest of Saudi figures upset with the Washington Post investigation of Saudi influence. Now, the Wall Street Journal has disclosed a letter confirming that AMI considered filing papers as a Saudi agent. The letter would seem to reinforce the AMI-Saudi connection referenced by Bezos.

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Bizarre, Criminal law, Media, Politics

Lock Him Up? Warren Suggests Trump Will Go To Prison Before 2020

Democrats have (for good reason) criticized President Donald Trump for his signature campaign rally chant of “Lock her up” in referring to his then opponent Hillary Clinton.. Many of us objected to the display as obnoxious and demeaning to our political system. That objection apparently does not hold when a Democratic candidate, in this case Elizabeth Warren, is referencing Donald Trump as being locked up. Warren received the predictably wild applause to her suggestion in a campaign rally that Trump will be in prison by 2020.

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Congress, Politics

A Farewell To Walter Jones

It is with the greatest sadness that I have to post the death of Rep. Walter Jones, R-N.C., died Sunday in Greenville, N.C., Jones was one of my former clients when I represented Democratic and Republican members challenging the Libyan war. I spent many lunches and conversations with Walter through the years. I have never met a member of Congress who was more honest and earnest in trying to serve the public. He was an incredibly self-effacing man who felt guilt for not being able to stop the many foreign wars. As a representative with a large military district, Jones was crushed by the deaths or wounding of young men and women in the wars in Iraq, Afghanistan and other hot spots. He was 76.

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