Category: Politics

Members of Congress Demand Ginsburg Recuse Herself From Immigration Appeal In Light Of Past Trump Comments

225px-ruth_bader_ginsburg_scotus_photo_portraitA letter from fifty-eight Republican lawmakers calls upon Justice Ruth Bader Ginsburg to recuse herself in the travel ban case scheduled to be argued in October.  While there is a fair chance that the case could be moot by October as I previously discussed, a recusal is highly unlikely despite that fact that Ginsburg’s comments were highly inappropriate and troubling.  I have been a long critic of Ginsburg’s public speeches and comments as raising serious ethical issues and undermining the integrity of the Court. However, the Court has long declared itself outside of the enforcement of the Code of Judicial Ethics.  The result is a dreadful record of self-regulation and Ginsburg is only the latest disturbing example.  Ironically, while the media has rightfully raised inappropriate public comments about Trump, it has shown little interest in the inappropriate comments of Ginsburg.

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Blogger Sentenced To Ten Years In Jail In Vietnam

Nguyen Ngoc Nhu Quynh, 37, is a leading Vietnamese blogger known as “Mother Mushroom” has been writing for years to expose the torture and oppression of the one-party state.  This week Vietnam showed the world that, despite its portrayal as one of the world’s emerging economies, it remains an authoritarian warmed-over Communist regime.  It convicted Quynh and sentenced her to 10 years in jail.  For telling people the truth about their government.

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Trump Unleashes Personal Attack On The Hosts Of MSNBC’s “Morning Joe”

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Russians Select Stalin As Greatest Leader Of All Time In New Poll

For those hoping that Russians will gradually reject the authoritarian rule by Vladimir Putin, a new poll will be a disappointment.  Russians have long favored the strongman leader and that taste for authoritarianism has not greatly diminished.  A new poll shows that Russians place Stalin at the top of the list of the greatest historical figures of all time.  Putin tied with poet Alexander Pushkin for second place.  The poll was conducted by the Levada Centre.

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CNN Under Fire Over Statements By Producer Calling Collusion Coverage “Bulls**t” and Retraction of Russian Investigation Story [UPDATED]

I recently ran a column on my concern over the coverage of the Russian investigation and underling legal issues.  While I supported the appointment of the Special Counsel and the investigation into possible obstruction of justice after the firing of James Comey, I have objected to what I see as biased and at times unhinged legal coverage of the underlying allegations.  There has obviously been such bias on both sides as people turn to news sources that offer an echo chamber for their political views.  This week, however, CNN has been under close scrutiny after it retracted a major story on the Russian investigation and three of its top journalists were let go, including respected Pulitzer prize winner Eric Lichtblau.    If that were not bad enough, a conservative filmmaker posted a videotape of CNN Producer John Bonifield talking freely about how the collusion story is nothing by “bulls**t” and how CNN was pushing the story purely for the “ratings.” [UPDATE: O’Keefe has released a new video of CNN host Van Jones saying that the Russian story is a “nothing burger.”]

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The Immigration Order and the Regaining Objectivity In the Media and the Courts

Supreme CourtBelow is my column in the Hill Newspaper on the Supreme Court order lifting the stay over the Trump immigration order.  With the exception of those with bona fide relationships, the Trump Administration has the authority to enforce its travel limitations.  As discussed earlier, the order could prove not the next but final chapter of the immigration controversy given the 90 day period set under the Trump order.  However, a more immediate issue of concern should be the prior coverage and court decisions leading up to the unanimous order of the Supreme Court.

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Is The Supreme Court Immigration Appeal A Case Of Planned Obsolescence?

1908_Ford_Model_Tdonald_trump_president-elect_portrait_croppedThe victory of the Trump Administration in securing the lifting of much of the injunction on the immigration order consumed much of the analysis yesterday.  The Court voted unanimously to lift the injunction for every one except those with “bona fide relationships” in the United States.  The latter exception was a bit incongruous with the overall deference to the Executive Branch and led three justices — Clarence Thomas, Samuel Alito, and Neil Gorsuch — to dissent. They would have lifted the ban without exceptions.  What was most interesting however was what was not in the order: a hearing date for July. The reason is that it was not requested by the Trump Administration.  Given the 90 days expiration of the order, that leads to the question of whether this appeal is a case of “planned obsolescence.”

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Where The Wild Things Are: Ivanka Trump Loses Bid To Quash Deposition Over Her Alleged Theft Of Shoe Designs

Ivanka Trump is facing a difficult lawsuit over alleged theft of the designs of an Italian shoemaker, Aquazurra Italia, as part of their “Wild Things” line. The company filed a trademark infringement claim against her and her company in June 2016 and a court recently rejected motions filed on Trump’s behalf.  Those motions included a claim that Ivanka Trump’s duties as a high-ranking government official made her participation in the litigation too difficult. The claim was rejected.  Part of the court’s rationale for rejected her arguments are distinctly reminiscent of the litigation over her father’s immigration order.

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Turkey De-Evolves: Erdogan Government Bars Teaching of Evolution As Unproven and Controversial

Report: Coats and Rogers Told Investigators That Trump Asked Them To Publicly State That There Was No Evidence of Russian Collusion

That did not take long.  Director of National Intelligence Dan Coats and National Security Agency Director Adm. Mike Rogers met with Special Counsel Robert Mueller to discuss the subjects that they declined to discuss with Congress.  Congress then released the information.  It now appears that congressional briefings from the Special Counsel are proxy press conferences in this increasingly strange process.  As expected, Coats and Rogers admitted that Trump did in fact ask them to tell the public that there was no evidence of collusion between his campaign and the Russians.  That was, again, an inappropriate and ill-considered request.  However, the disclosure raises a far more worrisome questions with regard to the role of White House Counsel Donald F. “Don” McGahn II.  The two intelligence chiefs said that they took anticipated the questions over their conversations and asked McGahn if there was an executive privilege assertion. McGahn simply never responded.  That is a highly disturbing account.  Executive privilege is not some tactical toy. It has been defended as a core protection of inherent presidential powers.  No high ranking officials should be sent into a committee without a clear understanding of the status of information or conversations relevant to congressional inquiries.  The non-response was either negligence by the White House Counsel or, more likely and more seriously, a conscious decision to avoid the politically risky decision of either allowing answers or publicly preventing answers.

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Did Henry Kissinger Push Nixon To Assault Daniel Ellsberg?

An 18-page investigation memorandum has been obtained by NBC News that raises some disturbing questions about the Nixon White House and specifically the role of former Secretary of State Henry Kissinger.  The memo details the campaign of political violence by Nixon aides.  The memo references a plot to have Daniel Ellsberg beaten up by surrogates of the Nixon Administration.  Kissinger has been cited as one of those pushing Nixon to deal with Ellsberg.

 

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Yale Sacks Dean Over “Classist” and “Insensitive” Yelp Reviews

yelp200px-Yale_University_Shield_1.svgWe recently discussed the controversy surrounding postings by June Chu, dean of the school’s Pierson College, on Yelp.  She was called classist for such comments as “This establishment is definitely not authentic by any stretch of any imagination and perfect for those low class folks who believe this is a real night out.” Chu has now been fired by the university in a move that makes many academics feel uncomfortable over the monitoring of their statements outside of school in social media.

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Supreme Court Rules Overwhelmingly To Strike Down “Disparagement Clause” Used To Bar Offensive Trademarks

Supreme CourtThe U.S. Supreme Court handed down a major victory for free speech on Monday in striking down a provision of the Lanham Act that barred registration for “disparaging” trademarks.  The decision came in Matal v. Tam, a case that we have been following.  I have previously written about my disagreement with the U.S. Patent and Trademark Office decision to rescind federal trademark protections for the Redskins as a racially disparaging name. As predicted, the ruling answered  the question raised in the prior column in controversies like the denying of trademark protection to the Washington Redskins.  The decision is good news for Washington’s NFL team, which lost its trademark because its name is disparaging to Native Americans.

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Zumba Banned In Iran As Anti-Islamic

The Iranians have given the world another absurd application of its brand of Islamic faith.  The government has declared that Zumba exercises classes are effectively banned in Iran because the dance “contravenes Islamic ideology.”  The “rhythmic movements” of Zumba appear to be anti-Islamic. There is no room for rhythmic dance in the Islamic Republic.

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Do Rosenstein and Mueller Have Conflicts of Interest in the Trump Investigation?

Rod_Rosenstein_US_Attorney440px-Director_Robert_S._Mueller-_III-1For many weeks, I questioned the need for a Special Counsel in the Russian investigation because it seems like a coverup in search of a crime.   I still do not see the evidence of a crime and simply saying “collusion” does not supply an actual crime.  However, when President Donald Trump fired James Comey, I supported the appointment of a Special Counsel to investigate obstruction of justice, even though I remained skeptical of the basis for an actual obstruction charge. I still fail to see the compelling basis for an obstruction case without stretching the criminal code to the breaking point.  Nevertheless, I continue to support the need for an independent investigation.

The investigation of a sitting American president however must itself be beyond question as to any bias or influence.  For that reason, I have been questioning the propriety of Rod Rosenstein to continue in his current position vis-a-vis the Russian investigation.  From the outset, Rosenstein seemed to me to be an inevitable and important witness.  Ironically, the recent leak magnified this problem.  The leak seemed calculated to protect Mueller from being terminated by publicly identifying Trump as a possible target. However, whatever benefit the leak brought Mueller, it undermined Rosenstein.  If Mueller is investigation Trump for obstruction, Rosenstein should immediately recuse himself.

It is not clear if Mueller has an equal conflict of interest. There is reason to be concerned.  If Mueller discussed the Comey’s termination with Trump as a candidate for the next FBI Director, he might also be considered a witness in any obstruction investigation. It would seem highly material to the investigation to learn of how Trump described his decision and what he said (if anything) to Mueller about the ongoing Russian investigation.  At a minimum, the Special Counsel should address what is a reasonable question about his own knowledge of (and participation in) any meetings with Trump on the Comey termination and the Russian investigation.  I do not agree with the campaign to discredit Mueller and strongly object to attacks on his character.  I believe Mueller to be a person of integrity and I hope that he recognizes that such a meeting raises some legitimate questions that should be addressed.

Here is the column:

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