Category: Politics

The Curious Tale Of The Flynn Sentencing Hearing

Below is a column on the Flynn’s sentencing hearing and the curious turn of events in the case. He is now scheduled for a new sentencing hearing in March 2019. Interestingly, while I have repeatedly stated in print and television that Flynn does not deserve sympathy, I have been widely quoted as saying that I have called for such sympathy. My point is simply that there are serious concerns raised by how this interview was handled, including the intentional effort to have Flynn interviewed without counsel. Moreover, it is possible to denounce such false statements without exaggerating the specific crime itself. It is still unclear why Flynn lied when the conversation of such sanctions was not strange or improper. Indeed, the Administration publicly was saying that it wanted a new start with Russia and would reexamine all aspects of the relationship. The hearing however quickly went off the rails. I have a great deal of respect for Judge Emmet Sullivan and have appeared before him on countless occasions. But this hearing took a radical departure from the record and the specific crime being addressed in sentencing.

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Five Texans Sue After Being Barred From State Jobs For Refusing To Sign A Required Statements On Israel

I have previously written about the increasing state and federal efforts to impose bans on contractors and employees who refuse to sign agreements not to boycott Israeli products. The agreements raise serious free speech concerns under the First Amendment and contravene a host of constitutional rights from speech to religion to association. Now a speech pathologist in Texas is suing after she was barred from employment with the school district after nine years of work with developmentally disabled, autistic, and speech-impaired elementary school students in Austin, Texas. The lawsuit on her behalf was filed in the Western District of Texas is the latest federal challenge to these laws.

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Health Care Jenga: The Future Of The ACA May Rest With Its Past

Below is my column in USA Today on the recent decision effectively striking down the Affordable Care Act.  While Judge O’Connor technically ruled only on the individual mandate, he found that the unconstitutional provision could not be severed from the rest of the Act.  Nevertheless, he will have to address the remaining issue and the question of the injunctive relief.  There is a good chance that the severability ruling will be reversed but that could still leave the ruling on the individual mandate.

Here is the column:

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Steele: Dossier Was Funded By Democrats To Challenge Election

In a surprising admission, the author of the controversial dossier used to secure the secret surveillance on Trump officials admitted that it was paid for by Clinton campaign as a type of insurance to challenge the election.  At the same time, the reporter who helped break the story, Michael Isikoff now says that many of the specific allegations remain unproven and are likely false. 

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“Let’s Just Send A Couple Of Guys Over”: Comey Admits Another Violation Of Department Protocol and Policy

Below is my column in The Hill Newspaper on the recent admission by James Comey that he intentionally circumvented the White House Counsel and Justice Department protocol to send two agents to interview then National Security Adviser Michael Flynn.  It is a subject that will hopefully be raised this week when Comey appears again before Congress on Monday. Comey describes his sudden realization that he could “get away with” sending “a couple guys over” to the White House. Comey’s epiphany could be his epitaph. 

Here is the column:

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It’s A Wonderful Libel? Trump Suggests Legal Action Against SNL For Latest Skit

I have previously criticized President Donald Trump for his calls for greater liability of the media for its coverage of the controversies surrounding his Administration.   This weekend, Trump was again suggesting the need for legal review as he was excoriated by Saturday Night Live in a skit based on the classic Christmas movie “It’s a Wonderful Life.”  Fortunately, the courts have maintained core free speech and free press protections from such assaults, particularly in the realm of comedy and parody.  

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Putin On The Rap: Russian President Says Rap Will Not Be Banned But “Directed” By The State

For an authoritarian leader like President Vladimir Putin, this may seem like the height of liberalism.  Putin told cultural advisers  that the rising popularity of rap music will, not be banned by rather “we must lead it and direct it.”  It is not clear what Putin rap might sound like but it is clearly going to be something Stalin rather than Solzhenitsyn would dance to.  We all know what Soviet central planning did to the economy.  We can now watch the same magic of centrally planned rap music.

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Deporter in Chief: Deportations Under Obama Still Higher Than Under Trump

For both Democrats and Republicans, the recent deportation numbers may come as something of an unpleasant surprise. It turns out the President Barack Obama deported more illegal immigrants than Trump even after two years of Trump’s controversial immigration policies.

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California Appellate Court Slams USC For Denying Basic Due Process To Accused Student

We have yet another court ruling that a university denied the most basic due process protections to a student accused of sexual assault.  For example, the University of Southern California appeared entirely unmotivated and uninterested in determining  if stains on clothing of the victim was blood or red paint from a party where “students splattered paint on each other.”  What is astonishing is that, while spending little time to guarantee a fair process, the university has continued to litigate this case to try to protect its right to summarily convict accused students.  Claremont McKenna College and the University of California-Santa Barbara were previously cited for such due process violations.

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Federal Judge Orders Mueller To Turn Over Flynn Material

In a surprising move, U.S. District Judge Emmet G. Sullivan ordered Mueller late Wednesday to turn over all of the government’s documents and “memoranda” related to Flynn’s questioning. This follows a Flynn filing that described an effective trap set by agents who encouraged him not to bring a lawyer and left inconsistencies unaddressed in what has been described by critics as a “perjury trap.”  I have practiced in front of Judge Sullivan for years and he is a respected judge who has a keen eye for prosecutorial and investigative abuse.  That does not mean that he will find such abuse here and could ultimately make a finding that nothing improper occurred.  Yet, despite a recommendation of no jail time, Sullivan wants to review the entire record before deciding on the issue.

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James Clapper’s Unwitting Irony: Former National Intelligence Director Dismisses Claim Of Innocence Of Maria Butina

There are moments on television where the irony is so great that it leaves you dumbfounded.  On Tuesday night, CNN brought on its contributor, James Clapper, to address the plea deal struck by accused Russian Agent Maria Butina.  Clapper was asked by Wolf Blitzer if it is possible that Butina could have simply been used unwittingly by the Russian government.  It is a fair question, but Clapper immediately dismissed claims of “unwitting” actions and insisted ” I suspect she was witting.” If that sounded familiar, it should and, while Clapper is clearly an expert on intelligence matters, he is an even greater expert on what constitutes “witting” crimes.

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Turley To Give Keynote On Privacy and Security At IBIA Conference

This morning, I will have the privilege of giving a keynote address before the National Press Club at a symposium organized by The International Biometrics + Identity Association (IBIA) on privacy and security issues surrounding the rising use of facial identification technology.

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Michael Cohen’s Last Hustle: How Trump’s Former Fixer Blew His Final Play

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Below is my column at Foxnews.com on the inevitable collapse of Michael Cohen’s strategy to avoid jail for his extensive criminal conduct as a businessman and a lawyer.  I recently discussed how the filing detailed the windfall payments of over $4 million that Cohen received from companies like AT&T to buy access and influence with Trump.  It was one of Cohen’s last scams.  He ended up keeping the money despite being embroiled in the scandals that led to his demise.  He then scammed thousands of anti-Trump donors on a GoFundMe site for hundreds of thousands of dollars on the promise of turning against Trump.  He never mentioned the millions that he shook down companies for in his cash for access scheme.  In other words, Cohen continue to hustle but, on this occasion, he came up one hustle too short.

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