Continue reading “House Majority Whip and Others Shot During Baseball Practice [UPDATED]”
Category: Politics
Missouri Representative Mike Moon (R-Ash Grove) takes a more literal meaning to the classic political pledge of a “chicken in every pot.” In a truly bizarre video below, the Republican legislator decapitated a chicken while discussing a special session and then pulled out its heart.

It is the presidential version of death by cop. Recently, I wrote a column on how Trump had become a witness against himself by, again, tweeting highly damaging observations about pending litigation and even contradicting the statements of his own legal team in the immigration order litigation. As predicted, the United States Court of Appeals for the Ninth Circuit not only ruled against his Administration but relied on his damaging recent tweet to seal the deal. The lack of message discipline extended to Trump friends this week after his friend, Newsmax CEO Chris Ruddy, said Trump was considering firing Mueller: “I think he’s considering perhaps terminating the special counsel. I think he’s weighing that option. I think it’s pretty clear by what one of his lawyers said on television recently.” The statement sent a chill throughout Congress. Such a move would not only push Congress to pass a renewal of the Independent Counsel Act but magnify allegations of obstruction.
Below is my column in The Hill Newspaper on the legal analysis surrounding the disclosure by former FBI Director James Comey that he leaked damaging information against President Donald Trump in memos to the press. I have been surprised by the analysis which has been both artificially narrow or outright erroneous on the underlying legal issues. There was an early effort, for example, to judge the lawfulness of Comey’s actions solely on the basis of whether it was a crime. If these memos were government property, a claim for criminal conduct could be made but it would be unlikely under existing precedent. However, that does not mean that Comey’s conduct was either lawful or professional. Neither is true. In the rush to lionize Comey, the media is ignoring the fact that others have been punished for releasing non-public information to the media. Moreover, Comey and the FBI was tasked with finding leakers in the Administration. Yet, after being fired and publicly insulted by Trump, Comey became himself a leaker (despite a readily available and lawful avenue for disclosing the memos in a matter of weeks). I have stated from the outset that criminal charges are unlikely (and in my view unwarranted) as the facts currently stand with regard to this one leak. However, the leak was in my view unlawful and unprofessional. Comey allowed himself to be baited by Trump and proceeded to discard his professional judgment to strike back through a third party. His conduct should not be judged solely on the basis of whether it might land him in jail. Moreover, if the FBI wanted to pursue the violation, it could drag Comey to court and seek various remedies outlined in the agreement that all FBI agents sign as a condition of their employment.
The column below explores some of the misleading conclusions being advanced in the coverage. As I state in the column, I agree that legal commentators can have good-faith differences on such questions. However, it is useful to lay out both the conclusions and the countervailing arguments. These issues will become far more acute for Comey (including the possibility of criminal violations) if, as suggested by the White House, there were more leaks stretching back months.
Continue reading “The Comey Defense: Redefining Both The Law and The Leak To Oppose Donald Trump”
We have been discussing the rapid erosion of free speech in Great Britain with expanding criminalization of speech deemed insulting or offensive to any group or person. The most recent case involved a couple shown in a videotape burning a copy of the Koran. As offensive and hateful as this act is, it is still an exercise of free speech in my view.
Continue reading “Couple Criminally Charged After Burning Koran On Videotape”
Below is my column in The Hill Newspaper on the the case against former FBI Director James Comey for leaking FBI information to the media. There has been an effort to confine the question of Comey’s actions in terms of criminality. There are laws that could be relied upon for a formal charge in court but that is unlikely and would counter prior prosecutorial practices. However, the disclosure clearly violates a host of federal rules and regulations that bar such use of FBI information. It is therefore unlawful and unprofessional. It is also potentially unethical under bar rules.
Here is the column:

President Donald Trump lashed out at James Comey on the weekend and called him “cowardly.” It was the latest impolitic tweet and it does not appear to be working well for Trump. A new poll shows that the public overwhelmingly believe Comey over Trump by a twenty percent margin. In a truly sad state of affairs if accurate, only 26 percent on the You.Gov/Huff Post poll believes the President. For the moment, Trump may view Comey as “cowardly” but the public views him credible. The poll tracks another poll by Gallup showing the President’s popularity at 38 percent — though, as I mentioned earlier, Trump has been slightly ahead of Bill Clinton at this point in this presidency.
Continue reading “Trump Calls Comey “Cowardly” As Polls Show Public Believes Comey”
Below is my column in USA Today on the current status of the evidence against President Donald Trump for either indictment or impeachment. While I do not agree with the White House that former FBI Director James Comey
“completely vindicated” the President, I do not believe that the testimony materially altered the legal position of the President. I believe that Comey both helped and hurt himself. He did an excellent job in explaining why he only discussed the content of the memos with his staff, but he also admitted to being a leaker and showed repeated failures in ethical confrontations with superiors. There is reportedly a call for Comey to return. He may find the return appearance more challenging than the first.
Continue reading “Comey Testimony Proves To Be Neither Vindicating Nor Incriminating For Trump”
Despite the depressing news domestically and internationally, there is proof that there is still hope for the world. Gavel has found a home. Gavel flunked out of police canine academy in Queensland, Australia, for being too friendly. It was a disappointment because Gavel came from are “family bloodline” of top German Shepard police dogs. The problem is that Gavel just wanted to be friends . . . with everyone.
Continue reading “Meet Gavel: The World’s Greatest Hope For Salvation”
President Trump surprised people late Friday by announcing that he is “100 percent” willing to testify under oath about his interactions with James Comey. There has been considerable speculation about Trump’s willingness to go under oath. His counsel could have negotiated at least initially for an interview without going under oath. As I have stated before, the greatest threat facing officials in a scandal of this kind is a false statements prosecution under 18 U.S.C. 1001. Given Trump’s notorious habit for going off script, the risks of such a violation would be much higher for counsel prepping him for such a deposition or testimony.
FBI director James Comey is the ice man cometh. Comey’s testimony is the most anticipated in this city since the Anita Hill testimony against Associate Justice Clarence Thomas. In a city where politics is our professional sport of choice, this is the Superbowl and World Series rolled into one. Bars are opening early to allow people to watch in the right atmosphere. The only thing missing is a Vegas betting line and bunting. No doubt children got up this morning screaming “it’s Comey day, it’s Comey day!”
The day however is not necessarily purely festive for Comey who is likely to face some tough questions on his own conduct. He is a seasoned operator in Washington so I expect him to do well, but the stakes are high.
Continue reading “Former FBI Director To Testify Before Congress”
British Prime Minister Theresa May has declared that she is prepared to dispense with human rights laws if they hinder her efforts to fight terrorism. The statement is a chilling example of how politicians are willing to take a hatchet to civil liberties and privacy in response to attacks. The more chilling fact is that many citizens will willingly part with their freedoms based on such promises of greater security. May has already pledged to curtail free speech on the Internet to fight extremists.
Donald Trump has made his selection for the replacement of former Director James Comey. He notably did not select an FBI career person but did go with a former Assistant Attorney General. He is Christopher Wray.

It appears that President Donald Trump’s instilled a virtually phobic reaction in former FBI Director James Comey after his allegedly inappropriate pitch to terminate the investigation of former National Security Advisor Micheal Flynn. According to the New York Times, Comey asked Attorney General Jeff Sessions not to leave him alone with Trump. If true, the request for a type of chaperone in the Oval Office would represent a new low for the White House. In the meantime (and equally embarrassing if true), ABC reports that Sessions actually asked Trump if he should resign due to his own deteriorating relationship with the President (who was reportedly still angry at Sessions for recusing himself from the Russian investigation). Notably, the White House declined to say whether Trump still has faith in Sessions at the White House press conference.
Continue reading “Report: Comey Asked Sessions Not To Leave Him Alone With Trump”
I was in Fox studios in Washington this morning when the news came out of the shooting of House Majority Whip Steve Scalise, Rep. Roger Williams and others at a baseball field in Alexandria. It was a horrific story made all the more surreal by the fact that I used to take my kids to that field when I lived in Alexandria. This is a very peaceful area where families gather regularly near the Del Rey neighborhood. There is still differing accounts of whether the shooter is dead. If he is alive, there are specific federal offenses for this type of act that makes this a federal offense as well as a state offense. Such an assault on a member is deemed attempted assassination under the federal law due to the status of the victim (and likely motivation of the crime).
There was an interesting development late last week when Special Counsel Robert Mueller