Category: Politics

Politics, Society

California Moves To Force Businesses To Give Half Of Tax Cut To The State

imagesOne of the elements to the recent tax bill that drew considerable opposition was the move to a neutral tax system that no longer allowed for the writing off of state taxes.  However, there is a valid argument for such an approach since many citizens in low tax states do not benefit to the same degree.  Indeed, those taxpayers have complained that they are effectively subsidizing taxpayers in states like New York and California even though they often make considerably less.  I have come to support the approach for a different reason. It forces local politicians to bear the true costs of tax hikes since they can no longer dismiss objections by saying that their increases will simply be recovered as a deduction on federal taxes.  Now, however, California legislators have pushed legislation to force businesses to give back half of their federal tax savings.

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Bizarre, Columns, Congress, Courts, Criminal law, Media, Politics, Society

Happy Anniversary To Washington’s “Least Untruthful” Witness: Clapper To Avoid Perjury Prosecution In March

220px-James_R._Clapper_official_portraitBelow is an expanded version of my column that ran in USA Today on the approaching expiration of the statute of limitations for prosecuting former National Intelligence Director James Clapper for perjury.  This is a city that protects its own and Clapper is the Beltway equivalent of a made man.  People like Clapper do not get prosecuted.  We do not call them criminal; just complicated.

Here is the column:

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Academia, Bizarre, Media, Politics

Harvard Professor: Hillary Clinton Could Still Be President

Hillary_Clinton_Testimony_to_House_Select_Committee_on_BenghaziLawrence Lessig, the Roy L. Furman professor of law and leadership at Harvard Law School, offered hope recently for those still in denial over the 2017 presidential election.  Lessig, seriously, argued in Newsweek that it is not too late.  Hillary Clinton could still be president if things break in the right way. It would only require the removal of both Trump and Pence as well as a cooperation and resignation of a President Speaker Paul Ryan.  That is all it would take to make for those who believe that there is no price too great to get the Clintons back into power.  Even Lessig’s Rube Goldberg machine of presidential succession.

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Lawyering, Politics, Society

Trump’s Lawyer Under Fire As The Wall Street Journal Details Use Of Pseudonyms and Shell Companies To Pay Porn Star

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© Glenn Francis, http://www.PacificProDigital.com

President Trump‘s personal lawyer Michael Cohen is under fire this week after The Wall Street Journal reported that Cohen used what appear to be shell companies and fake names to pay a porn star called Stormy Daniels $130,000 as part of a nondisclosure agreement.  Daniels states in a prior but unpublished interview that she had an affair with Trump that began shortly after Trump married Melania Trump and had their son Baron.  She said that the affair lasted roughly a year and the money was paid during the campaign around the time of the release of the disturbing Access Hollywood tape.  Cohen has previously denied any affair and insisted that both Daniels (whose real name is Stephanie Clifford) and Trump deny any sexual relationship.  The new information has led some to question Cohen’s veracity and the role of an attorney in maintaining such a denial if the representation is untrue.  I am less confident that a clear ethical line was crossed by Cohen simply because he used such companies or has maintained the denial of any relationship.

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Bizarre, Congress, Constitutional Law, Politics, Society

Democratic Member Seeks New Impeachment Vote Based On Trump’s Alleged “Shithole” Comment

Al_Green_OfficialI have previously written about the endless calls for impeachment from Democratic members for everything from Trump criticizing NFL players to comments made about protesters. The Framers saw the great abuses caused not only by tyranny of nobility, but tyranny of the majority. They sought to insulate our government from the transient impulses of politics. The danger has been repeatedly shown by members who see virtually any act or comment by Donald Trump as a case for impeachment. The latest such example comes from Texas Representative Al Green, who declared that Trump’s alleged reference to “shithole countries” is sufficient grounds for impeachment. The last time I checked, pottymouth was not included in Article II with “Treason, Bribery, or other high Crimes and Misdemeanors.”

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Academia, Politics

Trump’s Test: Here Is The Montreal Cognitive Assessment

donald_trump_president-elect_portrait_croppedPresident Donald Trump made a reference in an interview yesterday about his “highest score” on his cognitive testing.  He told Reuters that former Presidents Obama, George W. Bush and Clinton failed to deal with North Korea and added “I guess they all realized they were going to have to leave it to a president that scored the highest on tests.” Trump is referring to the fact that he is the first president to agree to a cognitive test (which was a good idea and he received a perfect score). For many of us who are unfamiliar with the test, I looked into it.  The test is elementary but it does have a high accuracy in detecting problems like dementia.  However, for those not familiar with the  Montreal Cognitive Assessment (MoCA), the test details are below.

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Bizarre, Congress, Criminal law, Politics

Lewandowski Refuses To Answer Post-Campaign Questions Before The House Intelligence Committee

 

The day after the dubious refusal of Steve Bannon to answer questions before the House Intelligence Committee, Corey Lewandowski refused to answer lawmakers’ questions after pledging to answer any and all questions.  Lewandowski said that he was not prepared to answer questions concerning the period following his campaign tenure.  That is not a recognized basis to refuse to answer congressional questions. It ranks with “my dog ate my notes” as a basis for remaining silent.  He can always answer questions by saying that he does not recall but the basis for refusing to answer is highly problematic.

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Bizarre, Congress, Constitutional Law, Politics, Society

Bannon Refuses To Answer Questions Before Congress — Faces Subpoenas and Potential Contempt Sanctions [UPDATED]

Screen_Shot_2016-08-18_at_9.57.02_AMSteve Bannon is now under subpoena by both House investigators and the Special Counsel after he refused to answer questions before Congress. Following a problematic pattern of current and former Administration figures, Bannon reportedly did not invoke executive privilege (which must be asserted by the White House) but refused to answer questions about his work on the transition team and White House.  There is no basis for such a broad assertion of executive privilege and, unless Bannon changes course, he could be looking at contempt sanctions down the road.  Despite his refusal to cooperate with the committee, he has reached a deal to speak with the Special Counsel investigators outside of a grand jury.

Update: The White House is now asserting that there were prior discussions with the Committee and the Committee violated the agreement on scope.  Notably however the agreement was to discuss only matters from the campaign and not the transition or White House periods. That would be an astonishingly limited scope for the Committee staff to agree to given the material events after the campaign, including the time periods covered by statements made by Bannon in the Wolff book.

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Columns, Congress, Criminal law, Politics, Society

The Clinton Cash: The Russian Uranium Indictment And The Lingering Questions Over Influence Peddling [UPDATED]
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Clinton_Foundation_logoBelow is my column in the Hill Newspaper on the recent major indictment handed down in the Uranium One scandal.  As I have stated in the media, the indictment does not alter my skepticism over the likelihood of any criminal charges against Clinton. However, it does reaffirm lingering questions over the many millions of dollars pocketed by the Clintons personally or given to their Foundation  I think that there is little question about this money being given with the hopes of influencing the Clintons, and particularly Hillary Clinton.  The only question is whether it succeeded. For that, we would need an independent and full investigation.

UPDATED: This column was updated to more clearly distinguish the two contracts involved in the Russian transport of uranium (in the Lambert indictment) and the purchase of U.S. uranium holdings (in the Uranium One purchase). The indictment concerns a contract to transport uranium with a subsidiary of Rosatom.  This is the same agency at the heart of the Rosatom/Uranium One scandal but the contract occurred years before the purchase of Uranium One. 

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Bizarre, Politics, Society

Seattle Sugary Drink Tax Take Effect: $10.34 Tax On $15.99 Purchase

download-8.jpgI have previously discussed my opposition to sugary drink bans or prohibitive taxation schemes in Chicago and New York.  While Cook County reluctantly yielded to public opinion and court decisions recently, Seattle has gone forward with a ridiculous tax of 1.75 cents per ounce on sugary drinks. This paternalistic law is designed to make such drinks economically undrinkable or at least unpalatable for citizens who do not share the views of the majority on beverages and health.  The result is that a large box of 35 bottles of Gatorade at Costco with a list price of $15.99 is now taxed at $10.34.  So almost $10.50 of the $26.50 price is taxes.

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Academia, Constitutional Law, Free Speech, Politics, Society

Harvard Sororities Defy Ban On Single-Gender Groups
220px-Harvard_Wreath_Logo_1.svgWe have previously discussed the crackdown at Harvard on single gender clubs and associations (even groups off campus). Last year, Harvard established penalties for students who refuse to yield to the rule against belonging to single-gender organizations, including barring students from serving on campus leadership positions.  This includes Greek organizations.  Now, women are objecting that they are being penalized and denied their “right to choose.”  Notably, however, the protesting sororities did not question the barring of males but rather having such rules apply to women.

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Columns, Constitutional Law, Free Speech, Politics, Society, Torts

Of Lies And Libels: Trump’s Problem Is Not With The Lack Of “American Values” But The Lack Of A Libel Case

donald_trump_president-elect_portrait_croppeddownload-1Below is my column in USA Today on the renewed calls of President Donald Trump to change our libel laws to make it easier for public officials and figures to sue over publications like the recent book by Michael Wolff.  While the controversy was quickly pushed from coverage by the President’s alarming statements on immigration policy, it is clear that he remains heavily invested in this ill-considered idea.

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Media, Politics

Trump and The Wall Street Journal Release Conflicting Transcripts of Controversial Interview

donald_trump_president-elect_portrait_croppeddownload-4President Donald Trump and the Wall Street Journal are in an open conflict over what was said in a meeting between the President and editors.  It was reported to the shock (and ridicule) of many that Trump said that he has a great relationship with Kim Jong Un of North Korea. The White House went public and said that the President clearly said the “I’d have a very good relationship” and not “I have a very good relationship” with the dictator.  The White House disputed that President Donald Trump told The Wall Street Journal in an interview Thursday that “I probably have a very good relationship with Kim Jong Un of North Korea,” saying that Mr. Trump had instead said “I’d probably have a very good relationship” with the North Korean leader. Notably, this was not a denial based on “misspeaking” but a direct denial.  Trump then pushed it further with a tweet.    Unlike the controversy over the denied use of the word “shithole” in the Oval Office (where Trump said he might have to start recording such meetings), he did record this interview.  Now the Wall Street Journal has released the tape and it sounds like the editors were correctly recounting the President’s words (though it is close). I have now listened repeatedly and initially supported the WSJ, but now I am not quite as confident.  Trump’s position seems more consistent with the context and he might have swallowed the “did” a bit in “I’d.” The recording is below.

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Bizarre, Politics

Sen. Perdue Denies President Said “Shithole” Countries Remark

David_Perdue,_Official_Portrait,_114th_CongressAs we discussed yesterday, both Sen. Dick Durbin (D-Ill.) and Sens. Lindsey Graham (R-S.C.) have said that President Donald Trump did indeed refer to Haiti and Africa as “shithole” countries.  However, Sen. David Perdue (R., Ga.) on ABC This Week says that the word was never used. Period. He also said that the meeting was “productive” and suggested that Durbin is lying (and has lied previously) about such meetings.  PreviouslyTom Cotton (R-Ark.) and Sen. Perdue have said that they simply do not recall.  Now Purdue says that he has a clear recollection and the words were never used.  Sen. Jeff Flake has said that he met with members in the meeting before the words were made public and that members openly discussed Trump’s use of these words.  Finally, a conservative columnist has gone public with the allegation that he spoke to friends of the President who said that he called to boast about using the term to energize his base.

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Bizarre, International, Politics

Hoestra Finally Apologizes To Dutch For False Statements About Muslim Terror in Netherlands

1200px-Pete_Hoekstra_official_photoWe have been following the train wreck following the arrival of our new ambassador, Pete Hoekstra, to the Netherlands.  The former Republican congressman was confronted by reporters about a false statement that he made in 2015 when he said “the Islamic movement has now gotten to a point where they have put Europe into chaos. Chaos in the Netherlands, there are cars being burnt, there are politicians that are being burnt. And yes, there are no-go zones in the Netherlands.”  When confronted by the reporters that no such chaos occurred, Hoekstra denied making the statement.  He insisted “I didn’t say that. That is actually an incorrect statement. We would call it fake news. I never said that … it’s not what I said.”  The reporter then played the tape and Hoekstra stumbled with “I didn’t call that fake news. I didn’t use the words today. I don’t think I did.” If Hoekstra thought that that would be the end of it, he was mistaken. This week he held his first press conference and and again refused to retract and apologize for the statement. The reporters reminded Hoekstra that in the Netherlands, reporters actually expect leaders to answer questions and continued to press him.  Hoekstra was clearly used to reporters in the states who shrug and move on with questions as evasive responses.  The problem is that it does not work in the Netherlands and now Hoekstra has painfully and belatedly apologized.

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