Category: Politics

Columns, Congress, Constitutional Law, Lawyering, Media, Politics

Mueller’s Mount Sinai Moment Leaves Media With A Crisis of Faith

Below is my column in The Hill newspaper on the press conference held by Special Counsel Robert Mueller and his refusal to answer questions from the media (or any questions from Congress beyond what is written in his Report). Mueller not only demanded silence but faith from the media, which surprisingly obeyed. Few reporters noted the direct contradictions in Mueller’s brief statement or the many unanswered questions that he left in his imperious wake. Since Attorney General Bill Barr has already testified on the process and his decisions related to the Report, there was nothing preventing Mueller from answering questions about his own decisions. Instead, Mueller simply said that the media would listen and remain silent . . . and the media dutifully complied.

Here is the column:

Continue reading “Mueller’s Mount Sinai Moment Leaves Media With A Crisis of Faith” →
Bizarre, International, Politics

Trump Denies “Nasty” Statement Made On Tape Just Days Earlier

Many of us have criticized President Donald Trump when he contradicts himself or calls facts “fake news.” On Sunday, Trump left many scratching their heads when he categorically denied referring to the the American-born Duchess of Sussex, Meghan Markle, as nasty. What is strange is that (unlike many) I was not particularly aggrieved when Trump made the comment. He was responding to a personal attack attributed to Markle. I would prefer the President not to respond to such comments (particularly before a State visit). I also do not consider it appropriate to attack the London mayor as “a stone cold loser” and comment on internal policies on a State visit. However, the Markle comment was actually restrained for this President. What really bothered me was the denial of the comment just days later.

Continue reading “Trump Denies “Nasty” Statement Made On Tape Just Days Earlier” →
Columns, Constitutional Law, Criminal law, Politics, Society

Mueller’s Lack Of Explanations Raises New Questions of His Motivations On Three Key Decisions

Below is my column in The Hill newspaper on three unanswered and troubling questions for Special Counsel Robert Mueller. The concerns over Mueller’s motivations was heightened by the justifications that he has offered for some of his decisions like not reaching a conclusion on the weight of the evidence on obstruction. Many of us view Mueller’s rationale (based on the DOJ policy not to indict a sitting president) to be not just unprecedented but illogical. Putting aside my long disagreement with the argument that a president is immune from indictment, that policy (and the underlying memos) say nothing about a Special Counsel reaching conclusions on the evidence of possible criminal acts. Indeed, that is the core purpose of a Special Counsel. If one rejects the rationales of Mueller, you are left with a question of motivation in maintaining these positions.

Here is the column:

Continue reading “Mueller’s Lack Of Explanations Raises New Questions of His Motivations On Three Key Decisions” →
Constitutional Law, Politics

WA Supreme Court Upholds Fine Against Presidential Electors Who Failed To Cast Vote In Accordance With Popular Vote

By Darren Smith, Weekend Contributor

The Washington Supreme Court upheld the imposition of a thousand dollar fine against three Presidential Electors who violated their oath by voting in the Electoral College for candidates other than those winners of the popular vote in the 2016 presidential election. In this latest episode of electioneering in American politics, individuals took it upon themselves to decide who they believed deserved election and not support that of the common voter.

In this case, three electors reportedly perceived that then Candidate Donald Trump would win the election and to at least in a hail Mary type of stunt forestall this by casting their vote for Colin Powell instead of Hillary Clinton who won the state’s popular vote. Pursuant to the Constitution, if a candidate fails to receive an absolute majority of the Electoral College Vote the election is then decided by the House of Representatives, which the electors reportedly perceived would be more conducive to a win by Clinton.

Continue reading “WA Supreme Court Upholds Fine Against Presidential Electors Who Failed To Cast Vote In Accordance With Popular Vote” →
Free Speech, Media, Politics

Vanity Fair: New York Times Blocking Reporters From Going On Certain MSNBC and CNN Shows As ‘Too Partisan”

For two years, I have written about the declining journalistic values in this age of rage with both reporters and legal analysts becoming open partisans for or against Donald Trump. I recently spoke on this decline in objective and neutral reporting. It appears that the situation has become a threat to the journalistic principles of The New York Times. According to Vanity Fair, the newspaper is barring its reporters from appearing on MSNBC’s Rachel Maddow Show and CNN Tonight with Don Lemon as too biased and one-sided.

Continue reading “Vanity Fair: New York Times Blocking Reporters From Going On Certain MSNBC and CNN Shows As ‘Too Partisan”” →
Academia, Bizarre, Politics

Age Of Rage: Tribe Calls McConnell “McTurtle” And A “Flagrant Di**head!”

President Donald Trump’s penchant for personal and derogatory remarks about his critics and opponents is well known. Many of us have objected to how Trump’s tweets and attacks have tarnished the Office of Presidency. He has already given insulting labels to various candidates in the Democratic primary. However, such attacks are not just confined to Trump. Yet, as academics, such incivility runs against our tradition of civility in discourse. It often can take no small amount of restraint, but name calling and ad hominem attacks achieve little beyond joining a race to the bottom. That level of restraint was lost this week by Laurence Tribe, a renowned academic and the Carl M. Loeb University Professor and Professor of Constitutional Law at Harvard University. While name calling is now routine, this instance is notable, and alarming, from one of the nation’s leading academics.

Tribe went after Senate Majority Leader Sen. Mitch McConnell (R-Ky.) this week after McConnell promised to fill any Supreme Court vacancy in 2020. McConnell had led the blocking of the confirmation of Merrick Garland in 2016 by citing that fact that it was an election year. When asked what would happen if Republicans faced a vacancy in 2020, McConnell was adamant: “Oh, we’d fill it.” That was too much for Tribe who attacked McConnell in what many would view Trump-like postings.

Continue reading “Age Of Rage: Tribe Calls McConnell “McTurtle” And A “Flagrant Di**head!”” →
Bizarre, Military, Politics

Trump Staff Demanded Removal Of Warship Bearing John McCain’s Name Before Japan Visit

The White House reportedly told the Defense Department that it needed to send away the the USS John McCain so that it was not around when President Donald Trump visited Japan. Named after Trump’s Republican critic, the ship had to be “out of sight” by the time Trump arrived for a visit to the Yokosuka base. Trump has denied knowing about the order, but did not say that he would find out who issued the order and fire them. The idea of White House staff dictating the movement of warships is extremely serious and the Navy should have refused. These warships have missions and are not props. Moreover, the people serving on these ships are not some collective pariah due to petty politics.

Continue reading “Trump Staff Demanded Removal Of Warship Bearing John McCain’s Name Before Japan Visit” →
Justice, Lawyering, Media, Politics, Society

Wolff Book Prompts Rare Denial From Special Counsel’s Office

Michael Wolff made a killing on his last book on Donald Trump despite denials from his sources as to key statements. He is now back with a sequel entitled “Siege: Trump Under Fire.” As before, there were instantly questions about Wolff’s standards and sources in making sensational claims. Two such claims immediately stood out as highly dubious, if not facially untrue. The Special Counsel’s office has already made a rare public denial of one of those claims: that Mueller’s office actually drafted indictments against Trump for obstruction of justice.

Continue reading “Wolff Book Prompts Rare Denial From Special Counsel’s Office” →
Congress, Politics, Society

California Emergency Rooms Overwhelmed With Wait Times Averaging Five And A Half Hours

Remember when national health care was going to finally clear our emergency rooms? It has not exactly worked out that way, particularly in California. While there are clearly other benefits from national health care, the hope that people would turn to regular medical visits rather than ER visits has not materialized in California where the average wait time is five and a half hours. An astonishing 57% of patients left before seeing a doctor due to the delay — that constitutes roughly 352,000 persons leaving without fully addressing their medical conditions.

Continue reading “California Emergency Rooms Overwhelmed With Wait Times Averaging Five And A Half Hours” →
Academia, Media, Politics, Society, Torts

Biographer: MLK Watched And Laughed During Rape Of Follower

Pulitzer prize winning author and MLK biographer David Garrow has written a disturbing piece in the British magazine Standpoint on his review of secret tapes of Dr. Martin Luther King Jr. There have long been stories about MLK’s affairs and even discussions of reexamining his standing in the MeToo period. However, the details in this article are different and deeply unsettling, if true. If not, Garrow has ruined his own celebrated career and defamed an American icon. Either way, one would think that there would a huge amount of coverage of the allegations in the mainstream media. Instead, there has been very little coverage of the story. While Yahoo and MSN ran foreign-based stories, most of the coverage has come from newspapers outside of the United States.

Continue reading “Biographer: MLK Watched And Laughed During Rape Of Follower” →
Columns, Criminal law, Politics, Religion, Society

Why Mueller May Be Fighting A Public Hearing

Below is my column in The Hill newspaper on why Special Counsel Robert Mueller may not want to testify in public. Mueller clearly had trouble explaining why he was refusing to reach a conclusion on obstruction in a meeting with Attorney General Bill Barr and Deputy Attorney General Rod Rosenstein. It could be a hundred times more difficult — and embarrassing — before a congressional committee.

Mueller failed to perform the most basic function of a special counsel to reach conclusions on possible criminal conduct. After accepting the job as Special Counsel, Mueller basically decided not to be a special counsel with respect to this core responsibility. It was like watching Bodexpress run in the Preakness without a rider. My first reaction to both scenes was: can he do that?  The answer in both cases is it is possible but this is not how it is done.  The Special Counsel is mandated to find possible evidence of criminal conduct. Period.

Here is the column:

Continue reading “Why Mueller May Be Fighting A Public Hearing” →
Academia, Bizarre, Constitutional Law, Free Speech, Media, Politics, Society

Trump Again Calls For Changing Libel Laws After NYU Professor’s Faked Quote [Updated]

President Donald Trump has previously — and unwisely — called for changing libel laws to combat what he calls “fake news.” I have previously criticized  Trump for his calls for greater liability of the media for its coverage of the controversies surrounding his Administration, including his desire to sue Saturday Night Live.  Now, due to the publication of a false quote from Trump by New York University Professor Ian Bremmer, Trump is again calling for a change in the law and ignoring that our defamation standard is anchored in the first amendment. Ironically, Trump himself was recently accused of posting a doctored clip of Nancy Pelosi and has repeatedly retweeted false or defamatory statements.

Continue reading “Trump Again Calls For Changing Libel Laws After NYU Professor’s Faked Quote [Updated]” →
Courts, Lawyering, Politics

Utah Judge Suspended Six Months For Anti-Trump Comments

We recently discussed a federal judge who gave a public speech excoriating President Donald Trump. While we discussed how the comments of Judge Carlton Reeves would violate judicial ethical rules, no discipline has been brought for the comments. Indeed, Reeves is back in the news for his ruling to enjoin the Mississippi anti-abortion law. Taylorsville Justice Court Judge Michael Kwan received a six-month suspension for his anti-Trump comments last week.

Continue reading “Utah Judge Suspended Six Months For Anti-Trump Comments” →
Columns, Constitutional Law, Criminal law, Free Speech, Justice, Media, Politics, Society

The Assange Case Could Prove The Most Important Press Case In 300 Years

Below is my column for BBC on the Assange espionage charges. As I have written, I believe that Attorney General Bill Barr is dead wrong on these charges — a view apparently shared by at least two of the prosecutors on the team. Until now, President Donald Trump’s disturbing rhetoric against the media has been disconnected from actual moves against the media with the exception of suspending press passes or changing rules for the White House press corp. This is a quantum leap in the wrong direction. Indeed, this prosecution could easily become the most important press case since John Peter Zenger.

Here is the column:

Continue reading “The Assange Case Could Prove The Most Important Press Case In 300 Years” →