Category: Politics

Davis Denies Prior Allegations That Trump Knew In Advance About Russian Meeting

200px-Cnn.svgI have previously written about Michael Cohen’s allegation that President Donald Trump knew and approved the meeting with the Russians in Trump Tower in 2016.  It was a bombshell story from an anonymous source and has reverberated in the news for weeks.  Some of us questioned the account after no one came forward to corroborate Cohen despite his saying that Trump was briefed in a room with multiple people.  Now, Davis (who some have claimed was the source for CNN) is admitting it is untrue.

Continue reading “Davis Denies Prior Allegations That Trump Knew In Advance About Russian Meeting”

One Voice Louder Than Others: Manafort’s Diminishing Options

ManafortBelow is my column in USA Today on the increasingly dire situation for Paul Manafort who is looking at roughly a decade of potential jail time after the convictions in Alexandria — and substantially more jail time if convicted in the upcoming trial in Washington, D.C.  In the meantime, yesterday, White House said that no decision has been made yet on a possible pardon for Manafort.

Manafort once said, while he listens to everyone, Trump’s voice was louder than others. That voice must be uncomfortably quiet in the aftermath of the verdict.

Here is the column: Continue reading “One Voice Louder Than Others: Manafort’s Diminishing Options”

Manafort Heads To D.C. With Eight Felonies . . . And An Increasingly Desperate Pardon Strategy

ManafortBelow is my column in The Hill newspaper on the implications of the conviction of Paul Manafort in Alexandria Virginia.  Notably, if President Donald Trump is inclined to pardon Manafort, he may want to do it before the approaching start of the D.C. trial.  The counts in the new trial are a true parade of horribles for Manafort and his image will hardly improve by the end. He will face details over his work for a blood-soaked authoritarian figure who fled into exile to Moscow.  It will be much more difficult to portray Manafort as a victim and a “good man” after that evidence is aired in open court.

I previously warned that Manafort’s obvious hung jury strategy was likely to fail.  He is now left with only his pardon strategy, though his lawyer ominously warned that he is considering “all of his options.”

Continue reading “Manafort Heads To D.C. With Eight Felonies . . . And An Increasingly Desperate Pardon Strategy”

Michael Cohen, The Ultimate Red Shirt Defendant Takes A Plea

images-1.jpgThe appearance of Michael Cohen in court as a self-confessed felon was as riveting as predictable as scene in this unfolding drama. Indeed, if this is ever made into a movie, it would seem all too formulaic. Cohen is the ultimate red-shirt defendant. In the film industry, “red shirts” are characters in a movie plot that inevitably die (like those red shirted security officers in Star Trek that always seem to face demise by the end of an episode). You can often spot a red shirt in that character who is so over-the-top in reading letters from home or over compensating in the face of a pending battles. They are dead men walking.  If you play back the last year, there is one guy who stands out in the red shirt, the guy who has to implode and flip. It is Michael Cohen. Continue reading “Michael Cohen, The Ultimate Red Shirt Defendant Takes A Plea”

Protesters Destroy Another North Carolina Statue And Post Pictures Of Celebration On UNC Campus

downloadEarlier this year, I was critical of the handling of the prosecution of various protesters in North Carolina who torn down a statue in public and then celebrated their criminal acts in broad daylight. Because the statue of a civil war memorial, the act of property destruction was condoned by many and Durham District Attorney Roger Echols caved to the pressure in dropping all charges against everyone.  It was effective immunity for a popular criminal act — a dangerous concept in any legal system.  Not surprisingly, others are now claiming the right to unilaterally destroy property. The latest were protesters on the University of North Carolina at Chapel Hill’s campus who took it upon themselves to destroy the controversial Silent Sam Confederate statue. 

 

Continue reading “Protesters Destroy Another North Carolina Statue And Post Pictures Of Celebration On UNC Campus”

Faced With One Million Percent Inflation, Venezuela’s Socialist Government Strikes Five Zeros Off Its Currency

250px-Flag_of_Venezuela.svgWe have been following the unfolding disaster in Venezuela where the socialist dream of Hugo Chavez and his dim-witted successor Nicolas Maduro has reduced a major nation to virtual starvation.  The central planning of Maduro’s nation has destroyed the oil-based economy and triggered inflation that is projected to reach 1 million percent within the year.  Maduro however continues to follow the absurd economic model of Chavez and his chief ally, Cuba (another economic basket case).  Now in a move that will worsen an already horrific situation, Maduro has ordered five zeros to be simply erased on the inflated currency while increasing the minimum wage by over 3000 percent.   Continue reading “Faced With One Million Percent Inflation, Venezuela’s Socialist Government Strikes Five Zeros Off Its Currency”

Giuliani: “Truth Isn’t Truth”

225px-rudy_giulianiIn a interview painfully reminiscent of the “alternative facts” statement of Kelly Anne Conway, Trump attorney Rudy Giuliani triggered another firestorm by declaring on NBC’s Meet the Press that “truth isn’t truth.”  I actually can see what Conway was trying to say with her “alternative facts” comment, but the Giuliani comment left me mystified why a lawyer would frame such an argument. He was understandably trying to convey that prosecutors can frame the facts in ways to trap a witness. However, it came out in a terribly mangled way.  In the meantime, President Trump was on Twitter asserting that White House Counsel Don McGahn is “no RAT” like John Dean in the Nixon Administration. Both statements took the worst possible framing of their respective arguments and predictably led to another wave of criticism. Continue reading “Giuliani: “Truth Isn’t Truth””

Manafort’s Curious Defense: It Is Easy To Hang on A Hung Jury Strategy

ManafortBelow is my column in the Hill newspaper on the continuing jury deliberations in the trial of Paul Manafort in Alexandria, Virginia.  Defense counsel generally take heart in the passage of time as an indication that the jury is having difficulty in reaching a verdict. However, it can be deceiving. I took over a case in this same courthouse after a jury deliberated over a week and still convicted on all counts.

Here is the column: Continue reading “Manafort’s Curious Defense: It Is Easy To Hang on A Hung Jury Strategy”

Brennan: I Did Not Mean Trump Was Treasonous When I Said His Actions Are “Nothing Short Of Treason”

220px-John_Brennan_CIA_official_portraitI have been critical of the decision of President Donald Trump to rescind the clearance of former CIA Director John Brennan and to release a list of other officials to be reviewed — officials who are uniformly critics of the President.  Despite my criticism of everyone on the list, I viewed the unprecedented action to be unwarranted and retaliatory.  However, Brennan himself does not help the case for those of us opposing the action.  This weekend Brennan walked back his earlier reckless statement that Trump press conference with Russian president Vladimir Putin was treasonous.  Now Brennan insists that when he called Trump treasonous he did not mean that he actually committed treason. Continue reading “Brennan: I Did Not Mean Trump Was Treasonous When I Said His Actions Are “Nothing Short Of Treason””

The False Friend Dilemma: Why Trump Has Few Options In Dealing With Omarosa

Below is my column in the Hill newspaper on the continuing controversy surrounding the release of the tell-all book by Omarosa Manigault Newman.  Manigault Newman has continued her release of secret tapes featuring the President and his staff.  Her latest tape captures a private conservation with Lara Trump who offers Manigault Newman a $15,000 a month job with the Trump campaign on the promise that she will “stay positive.”  Trump refers to the rumor that Manigault Newman has dirt of Trump as she offered a job with few apparent duties or expectations other than “staying positive.”  Of course, many of us are still wondering what Manigault Newman did in the White House.  Nevertheless, the taping shows the utter lack of loyalty or honestly by Manigault Newman in dealing with friends and coworkers. 

The Trump campaign has now filed a civil action, which is discussed as a possibility in the column below.  The potential for criminal liability however is limited in this case.

Here is the column: Continue reading “The False Friend Dilemma: Why Trump Has Few Options In Dealing With Omarosa”

Trump Revokes Clearance Of John Brennan and Orders Review Of Other Former Officials

donald_trump_president-elect_portrait_croppedIn a highly controversial move, President Donald Trump has revoked the security clearance of former CIA director John Brennan and ordered the review of other officials who all share one obvious distinguishing characteristic: they are all fierce critics of Trump.  The move has been widely condemned as Nixonian and amounting to a black or enemies list.  While I have been highly critical of everyone on the list (and called for some to be fired and, in a couple cases, prosecuted), I find the move very troubling from a free speech perspective.  Indeed, I am still uncertain about the rationale for the actions and why the list would be composed entirely of Trump critics if based on a consistent, apolitical basis. Continue reading “Trump Revokes Clearance Of John Brennan and Orders Review Of Other Former Officials”

Did Manafort’s Lawyers Just Commit A Serious Violation In Its Closing Argument? [Updated]

ManafortThe end of the trial of former Trump campaign chair Paul Manafort today proved controversial after the defense counsel made reference to the alleged selective prosecution by the Special Counsel. If accounts are accurate, it would seem a direct violation of the prior understanding with the court that no party was to make reference to selective prosecution and the Special Counsel investigation of President Donald Trump.

Continue reading “Did Manafort’s Lawyers Just Commit A Serious Violation In Its Closing Argument? [Updated]”

Manaport Declines To Testify Or Present Defense in Alexandria Trial

ManafortIn a brief exchange with Judge T.S. Ellis III, former Trump campaign chair Paul Manafort declined yesterday to take the stand in his own behalf.  His defense then declined to present its own case and moved the trial to closing arguments. Given the highly damaging evidence offered by the prosecution, there is little that will be offered to actually refute the charges.  The decision to waive testimony and a defense case can be a strong strategic choice in a case where the defense savaged the prosecution. That is not this case. Continue reading “Manaport Declines To Testify Or Present Defense in Alexandria Trial”

Four “Yutes” And Counting: Controversy Grows Over The Judge’s Comments In The Manafort Trial

ManafortBelow is my column in the Hill newspaper on the controversial statements of the judge presiding over the trial of Paul Manafort, the former Trump campaign chairman. Judge T.S. Ellis III has raised growing concerns over his comments in court, particularly before the jury.

Here is the column: Continue reading “Four “Yutes” And Counting: Controversy Grows Over The Judge’s Comments In The Manafort Trial”

FBI Fires Peter Strzok

peter-strzok-and-lisa-pageControversial FBI official Peter Strzok has been fired by the FBI — joining former acting FBI director Andrew McCabe in the ignoble distinction of being terminated by an agency that rarely jettisons its own.  The firing creates an obvious dissonant element to the Democratic defense of Strzok as someone unfairly hounded by the Republicans. The terminations of McCabe and Strzok are based on the view of officials who viewed their conduct as unacceptable and, in McCabe’s case, potentially criminal.

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One notable controversy was raised by Strzok attorney Aitan Goelman, who maintained that Deputy Director David Bowdich “overruled” the FBI’s Office of Professional Responsibility to remove him. The suggestion is that career officials did not view Strzok’s conduct as warranting such action.

Strzok was with the FBI for 21 years.  It did not take time for Trump to tweet out the news:

 

 

Strzok was removed from the special counsel probe last year after the discovery that his incendiary text messages with FBI lawyer, who had an affair with Strzok.

I am interested in the basis for Strzok’s attorney claiming that  the deputy director “reversed the decision of the career FBI official responsible for employee discipline who concluded, through an independent review process, that a 60-day suspension and demotion from supervisory duties was the appropriate punishment.”  There should be some explanation from Goelman as to whether that is true and, if so, the basis for such a reversal.  Generally, the recommendation of the OPR carries considerable weight in such matters. However, the ultimate decisions rests with officials like Goelman on whether the findings warrant more serious sanctions.

Res ipsa loquitur – The thing itself speaks