Category: Politics

Politics

Poll: Fifty-Six Percent of Voters Say They Will Definitely Not Vote For Trump

One of the most perplexing aspects of the White House strategy over the last two years is the total focus on Trump’s base with little apparent concerns for independents and moderate Republicans who have reacting poorly to the confrontational politics. A recent poll shows just how precarious this is becoming for 2020. A new ABC News/Washington Post poll this week shows that 56 percent of Americans said they would definitely not vote to re-elect Trump in 2020. Only 28 percent said they definitely will vote for him. Thia mirrors a previous NPR/PBS NewsHour/Marist poll which found that 57 percent of voters will not back Trump in 2020. Citing the President’s polling numbers, the Texas Republican Party is reportedly now concerned that they could lose the state in 2020.

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Environment, Politics

Trump Again Wrongly Suggests That Cold Weather Disproves Climate Change

We have previously discussed the continued statements of President Donald Trump questioning the overwhelming science behind climate change. Yesterday, President Trump was again mocking the notion of climate change by pointing at the polar air hitting the Midwest. It is part of a long history of Trump transposing weather with climate change — a point repeatedly made by experts but ignored in these tweets. Notably, recent polls show less division among the public, including Republicans, who overwhelmingly agree that we are experiencing climate change.

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Congress, Politics, Society

Debtor Nation: Treasury Quietly Adds Another $1 Trillion In Debt

As many on the blog are aware, I am a fiscal conservative and social liberal (the profile of many a libertarian). I have previously railed against our soaring debt and the continued inability of our presidents and members of Congress to exercise a modicum of fiscal responsibility. This is a new low with the Treasury Department taking on $1trillion in more debt — for a second year in a row. We are saddling our children with this crippling level of debt to avoid our politicians to escape their responsibility to make tough decisions. With the start of the 2020 presidential election, politicians are lining up with expansive new spending proposals to entice supporters as our government plunges deeper into debt.

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Free Speech, International, Justice, Politics

Turkish Courts Release Imprisoned Politician After Hunger Strike In Protest To Isolation Of Abdulla Öcalan

By Darren Smith, Weekend Contributor

On January 13th I posted an article featuring PKK Leader Abdullah Öcalan being held without access to visitation by family and attorneys since 2016. The government’s reversal of policy occurred after a two month long hunger strike staged by imprisoned Kurdish sympathizers including pro-Kurdish Turkish Member of Parliament Leyla Guven, 55. MP Guven’s condition was described as “grave” and in the end considerable concern was that her life was in danger. Now, at least for the time being, Ms. Guven is no longer in custody and hopes are high for her recovery.

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Criminal law, Politics, Society

Roger Stone Indicted
YouTube

Months ago, I wrote about how Special Counsel Robert Mueller was clearly gunning for Stone with an increasing intensity (here and here and here). Stone was arrested early Friday morning in another signature raid on his home by the FBI. Once again, as with the treatment of Paul Manafort, it is unclear why prosecutors wanted to have a night raid on his home (captured by awaiting media) for non-violent crimes. It was entirely unnecessary in my view. The criminal counts themselves are additional counts of false statements and witness tampering. These type of process crimes are the majority of charged conduct against non-Russians in the investigation other than the unrelated crimes against figures like Manafort.

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Congress, Criminal law, Politics

Congress Should Subpoena Cohen
Congressional Seal

President Donald Trump’s former lawyer fixer, Michael Cohen, has declined to appear at this scheduled hearing on February 7th, citing
“ongoing threats” against his family by President Donald Trump and his current counsel Rudy Giuliani. I have previously criticized Trump for his highly inappropriate references to Cohen’s father-in-law and the warning Cohen that his family could be investigated. The comments looked like an obvious threat and an effort to intimidate a witness who has accused Trump of knowing violations of federal law. However, Cohen’s explanation is hardly convincing, though it is highly ironic. Cohen made his living as a legal thug who threatened anyone who presented a risk to Trump. However, the more likely reason is that recently new stories implicated Cohen in additional criminal conduct and Cohen was afraid that he might be asked about possible criminal conduct by his family, including his father-in-law.

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Bizarre, Lawyering, Politics

Giuliani: I Am Afraid My Gravestone Will Read “He Lied For Trump”

I have been critical of interviews given by Trump’s counsel Rudy Giuliani and the continued need to walk back from comments that either undermine or contradict his client. This weekend was no exception, though some of the coverage was unfair as I previously discussed. Now he is facing questions after an interview with the New Yorker where he observed “I am afraid it will be on my gravestone… ‘Rudy Giuliani: He lied for Trump.’” Even as a joke, it was not the type of statement that advances the interests of your client. Trump himself is an unpredictable client but that is not an excuse to mirror your client as an unpredictable counsel.

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Columns, Congress, Media, Politics

Barr and BuzzFeed: What Two Stories Reveal About Coverage and Commentary In The Age Of Trump

Below is my column on the concerns raised about the media coverage from last week. As I have stated, my concern is not with the BuzzFeed story per se, but how it was used to start a feeding frenzy of speculation. The treatment of the two major stories of last week (the Barr and BuzzFeed stories) speaks volumes about the consistent pattern of coverage and commentary in the age of Trump.

Here is the column:

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Bizarre, Constitutional Law, Criminal law, Politics

Will Michael Cohen’s Father-in-Law Sue Giuliani For Defamation?

In Washington, it is all too common for public figures to exchange uncorroborated allegations. Often the most telling factor is to wait to see who actually sues for defamation. We are at that point in the controversy surrounding the Buzzfeed story after Trump counsel Rudy Giuliani made what would be arguably defamatory statements against the father-in-law of Michael Cohen on national television . . . if the statements are untrue. The question is whether Fima Shusterman will sue over being called a criminal working with Ukrainian organized crime.

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Columns, Criminal law, Media, Politics

THE BUZZFEED STORY FOLLOWS A PATTERN OF BOOM AND BUST STORIES

Below is my column in The Hill newspaper on the controversy over the Buzzfeed story of President Donald Trump allegedly telling his former counsel Michael Cohen to lie to Congress. This weekend BuzzFeed stood by its story, though it declined to explain a disturbing discrepancy in the account. I disagreed with the call of Rudy Giuliani to investigate or sue BuzzFeed. If BuzzFeed had two officials associated with the Special Counsel making these allegations, it was right to run the story. My criticism is how the story was overblown by experts and members of Congress as a “slam dunk’ case for prosecution and impeachment despite the absence of any clear evidence or corroboration.

Here is the column:

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Constitutional Law, Free Speech, Media, Politics

No, Mr. Giuliani, BuzzFeed Should Not Be Sued Or Investigated [Updated]

It often seems that when the Trump team has the high ground on a story, it rushes to bulldoze it to the ground. The controversial interview by Rudy Giuliani on CNN, it a case in point. In response to the rebuke of BuzzFeed by the Special Counsel, Giuliani gave a rambling interview that included a call for BuzzFeed to be investigated or sued. Neither should occur. I have been critical of how the media and legal experts overplayed the BuzzFeed story. However, if BuzzFeed had two officials connected to the Mueller investigation giving this information, it was news. Indeed, aspects of the story are likely to be born out by Michael Cohen in his testimony before Congress. There is ample reason to criticize how the media treated this story but the suggestion that journalists should be investigated or sued for reporting such a story is dangerous and unwarranted. Indeed, Giuliani made news  an by asking “And so what if he talked to him about it?” In fairness to Giuliani (who has been unfairly reported on the context of the statement), he prefaced that statement by saying that he did not know if Trump spoke to Cohen. However, it would be a reckless and problematic act if Trump spoke to a witness about this testimony on his and Trump’s conduct. Such an act would maximize the risk to himself and Cohen.

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Columns, Congress, Constitutional Law, Criminal law, Politics

The House Has A Duty To Impeach If They Find High Crimes and Misdemeanors By Trump

Below is my column in USA Today on the recent statements by various Democratic leaders that they are unlikely to pursue impeachment because they do not have the votes in the Senate to convict. While many members pushed the impeachment angle during the campaign, there was a shift on the issue after the Democrats took office. Almost immediately after the election, senior Democrats changed course and began to dismiss calls for impeachment as “fruitless” and a distraction. Rep. Eleanor Holmes Norton declared impeachment to be “a useless waste of energy” and asked “Why would we go down the impeachment road when we cannot get it through the Senate?” 

I have repeatedly said that I do not see the strong foundation for an impeachment against Trump. However, these comments raise a more fundamental question about how members should approach their duties under Article I irrespective of the President. Members often pull a bait-and-switch with gullible voters, but they should not manufacture a new constitutional standard. If they truly believe that any president has committed high crimes and misdemeanors, they have a sworn duty to vote for impeachment.

Here is the column:

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Bizarre, Constitutional Law, Politics

Posted: WA Lt. Gov. Cyrus Habib is a Coward

By Darren Smith, Weekend Contributor

Portrait of Cyrus Habib It seems that Washington Lieutenant Governor Cyrus Habib is so frightened of the notion of citizens having lawfully carried concealed pistols, that he is unable to fulfill his duty as a result.

The Lieutenant Governor ducked out of the annual State of the State address given by Washington Governor Inslee because he felt vulnerable.  The House Chamber has galleries open to the public and both state law and House rules allow those having concealed pistol licenses to attend the event. Despite the fact that the governor, representatives, senators, and the nine supreme court justices did not express feeling any danger, and there was no credible threats made against the lieutenant governor, he announced he would not participate unless his fears were allayed by policy change.

Since just about every area in Washington allows permitted concealed carry and open carry of firearms, save for a few narrowly defined exceptions, how is it that Lt. Governor Habib can summon the courage to leave home?

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Columns, Congress, Constitutional Law, Courts, Politics

Five Myths About Bill Barr

Below is my column in the Hill newspaper on a growing mythology building around the nomination of Bill Barr for Attorney General of the United States. One of the most prominent is that Barr was intentionally evasive about releasing any report from Special Counsel Robert Mueller. Members of both parties have overwhelmingly called for the release of the report. However, Democratic members pushed Barr to promise to release the entire report before he actually reads it.

Barr said repeatedly that he believed that not only the completion of the Special Counsel investigation but the release of the information was in the public interest.  Barr was repeating the standard from the regulation, which is precisely what he should do.  That standard says that the Attorney General has discretion to conclude that “these reports would be in the public interest, to the extent that release would comply with applicable legal restrictions.” What the Democratic senators were demanding would have been an unethical pledge to release a report without knowing its contents.  Federal law prevents the disclosure of a myriad of different types of material from Grand jury (or Rule 6(e)) material to classified material to material covered in privacy or confidentiality laws as well as possible privileged material.  After pushing him on whether he would act ethically, it was a curious request for a facially unethical and unprofessional pledge.
Here is what Barr said:

“I also believe it is very important that the public and Congress be informed of the results of the special counsel’s work . . .For that reason, my goal will be to provide as much transparency as I can consistent with the law. I can assure you that, where judgments are to be made by me, I will make those judgments based solely on the law and will let no personal, political or other improper interests influence my decision.”

Here is the column:

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Congress, Constitutional Law, Criminal law, Politics

Report: Trump Told Cohen To Lie To Congress

There is a new report out today that President Donald Trump directed his attorney Michael Cohen to lie to Congress about negotiations to build a Trump Tower in Moscow. The sources are described as two federal law enforcement officials involved in an investigation of the matter. It is not clear if that means two officials currently involved or previously involved (which would include some of the fired or removed officials like Andrew McCabe or James Comey). Nevertheless, if true, such an allegation could easily be translated into a criminal allegation or article of impeachment. It comes down to the proof. What is clear is that, if the proof is Cohen alone, they have work to do on this one. Cohen is a serial liar and felon. I have written that I agree with the Democrats in calling him to testify and that his testimony could prove useful in giving needed details. However, Cohen is about as credible as a mob torpedo without being thoroughly and completely verified by more credible sources. There are also some gaps in the story as well as obvious defenses.

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