Category: Politics

Congress, Criminal law, Politics

Sen. Bob Menendez is Reportedly Under Investigation for Corruption . . . Again

Sen. Bob Menendez, D-N.J., is under federal criminal investigation … again. The voters of New Jersey reelected Menendez despite his accepting lavish gifts from a businessman who was later convicted of fraud. Menendez was also charged but the case was dismissed after a jury hung on the verdict. As I noted at the time of the trial, Menendez was a “juror” in a trial that I handled in the Senate and he maintained a position completely at odds with his own later defense. Continue reading “Sen. Bob Menendez is Reportedly Under Investigation for Corruption . . . Again” →

Military, Politics

Air Force Reportedly Admits the Improper Release of Confidential Sexual Assault Records of Indiana GOP Candidate Jennifer-Ruth Green

There is an interesting development in the unauthorized release of confidential sexual assault files involving Indiana GOP candidate Lt. Col. Jennifer-Ruth Green. According to two members of Congress, the Air Force confirmed that the records were leaked just before the midterm elections and now knows who did it.

Continue reading “Air Force Reportedly Admits the Improper Release of Confidential Sexual Assault Records of Indiana GOP Candidate Jennifer-Ruth Green” →

Academia, Media, Politics

Is Raising Fetterman’s Cognitive Issues a Form of Discriminatory “Ableism”?

C-Span

Many of us watched the debate of John Fetterman (D) and Republican Mehmet Oz (R) last night and it was at times very difficult to watch. Fetterman is clearly still experiencing serious problems in cognitive processing and communication after his stroke five months ago. However, when some raised disconnected or incomprehensible responses, commentators like MSNBC’s Liz Plank objected to such criticisms as discriminatory “ableism.” The Philadelphia Inquirer wrote that these questions only reflect our “discomfort” with disabilities.

Continue reading “Is Raising Fetterman’s Cognitive Issues a Form of Discriminatory “Ableism”?” →

Bizarre, Columns, Congress, Courts, Politics, Supreme Court

“I Got it Passed by a Vote or Two”: Biden’s Latest Bizarre Boast on Student Loans May Come Back to Haunt Him

This weekend, I ran a column on President Joe Biden’s off-base boast that the Supreme Court and a lower court had declared that they are “on Biden’s side” on tuition forgiveness. After the column ran, however, the President claimed that he pushed through the loan forgiveness program through Congress on a narrow margin. That boast is particularly embarrassing because the Administration is in court claiming that he did not need to get congressional approval for the plan. It is likely to be raised by challengers in the next stage of litigation. It also may strangely reflect a moment of clarity in his subconscious mind, a faint recognition of the constitutional principles that he once defended as a United States senator. Continue reading ““I Got it Passed by a Vote or Two”: Biden’s Latest Bizarre Boast on Student Loans May Come Back to Haunt Him” →

Columns, Courts, Politics

Biden’s Boast: Blocking Judicial Review of a Half-Trillion Tuition Giveaway is Nothing to Celebrate

Below is my column in The Hill on the challenges to President Joe Biden’s massive loan forgiveness program.  President Biden boasted that the courts declared that they are “on Biden’s side.” It is not clear if Biden’s counsel explained the actual holdings in these cases or whether Biden simply forgot or ignored that explanation. Either way, the President’s boast was wildly off-base.

Here is the column: Continue reading “Biden’s Boast: Blocking Judicial Review of a Half-Trillion Tuition Giveaway is Nothing to Celebrate” →

Congress, Constitutional Law, Free Speech, Politics

The Ninth Circuit Rules That There is no Chilling Effect in Forcing GOP Leaders to Hand Over Phone Records to Democrats

There is an important ruling out of the United States Court of Appeals for the Ninth Circuit this week where a divided panel held that Kelli Ward, the Chair of the Arizona Republican Party and former senatorial candidate, cannot withhold her cell phone records from the January 6th Committee. The impact on political speech could be not just chilling but glacial.

Continue reading “The Ninth Circuit Rules That There is no Chilling Effect in Forcing GOP Leaders to Hand Over Phone Records to Democrats” →

Congress, Constitutional Law, Criminal law, Politics

Degrees of Contempt: Pundits Seek to Excuse the Lack of Prior Contempt Prosecutions in the Wake of the Bannon Sentencing

After the sentencing of Trump strategist Steve Bannon to four months behind bars, obvious comparisons were raised with the slew of contempt cases that the Justice Department refused to even submit to grand juries during prior Administrations.  The most cited was the contempt case against former Attorney General Eric Holder. That has led to various pundits insisting that there is no such comparison and nothing to see there. In my opinion, they are right to draw distinctions but wrong to dismiss the concern over selective prosecution of contempt cases. Continue reading “Degrees of Contempt: Pundits Seek to Excuse the Lack of Prior Contempt Prosecutions in the Wake of the Bannon Sentencing” →

Politics, Supreme Court

“He Cares about People”: Sotomayor Praises Thomas As Professors and Pundits Pile on Personal Attacks

We have been discussing personal attacks on conservative justices with figures like Vice President Kamala Harris and Berkeley Law Dean Erwin Chemerinsky  calling them “partisans” and “partisan hacks.” Justices like recently retired Justice Stephen Breyer and the late Ruth Bader Ginsburg pushed back on such attacks on their conservative colleagues as well as calls for court packing. Now, Justice Sonia Sotomayor has defended her colleague and friend Justice Clarence Thomas as a compassionate and caring jurist. Continue reading ““He Cares about People”: Sotomayor Praises Thomas As Professors and Pundits Pile on Personal Attacks” →

Congress, Constitutional Law, Politics, Supreme Court

President Biden Pledges to Codify Roe with Bill that Goes Far Beyond Roe

 

In what was billed as a major address yesterday by the White House, President Joe Biden declared that, if the Democrats prevail in the midterm elections, “here’s the promise I make to you and the American people: The first bill I will send to the Congress will be to codify Roe v. Wade. And when Congress passes it, I’ll sign it in January, 50 years after Roe was first decided the law of the land.” As previously discussed, the bill being referenced by the President and Democrats is not a codification of Roe v. Wade, but rather a significant expansion of the precedent. Biden also returned to his claim that the right can be based entirely on the Ninth Amendment. Continue reading “President Biden Pledges to Codify Roe with Bill that Goes Far Beyond Roe” →

Media, Politics

Former New York Times Editor Lashes Out Against Paper Over Tom Cotton Controversy

Former New York Times editorial page editor James Bennet has finally spoken publicly about his role in one of the most disgraceful chapters in American journalism: the Times’ cringing apology for running a 2020 column by Sen. Tom Cotton. Bennet said publisher AG Sulzberger “set me on fire and threw me in the garbage” to appease the mob. It was an early indicator of what would be a collapse of journalistic values across the industry as “advocacy journalism” swept away traditional reporters and editors. The interview comes in the same week of a new poll showing media at a near record low in trust from the public. Continue reading “Former New York Times Editor Lashes Out Against Paper Over Tom Cotton Controversy” →

Bizarre, Congress, Criminal law, Politics

“Potentially Very Criminal Activity”: Adam Kinzinger is Very Certain There is Very Likely “Something Going On at the Secret Service”

Rep. Adam Kinzinger (R., Ill.) went on CNN’s “The Situation Room” to declare he is very certain there is very likely “something going on at the Secret Service” … and it could “potentially [be] very criminal activity.” It is also very very late (as was the subpoena of former President Donald Trump) to be asking about the lack of preparation for Jan. 6th riot. Continue reading ““Potentially Very Criminal Activity”: Adam Kinzinger is Very Certain There is Very Likely “Something Going On at the Secret Service”” →

Criminal law, International, Politics

Report: Hunter Biden Secured $40 Million in Deal with Russians

Among the many shady deals of Hunter Biden, one of the most intriguing was his arrangement with Yelena Baturina, wife of the former mayor of Moscow (who was previously tossed out for corruption). There is the reported $3.5 million fee Baturina paid Hunter’s real estate enterprise. However, according to the Daily Mail, Hunter also gathered $40 million in the deal for investments and his father may have known about it. It is another glaring disconnect with the new addiction defense being pushed by President Joe Biden. Continue reading “Report: Hunter Biden Secured $40 Million in Deal with Russians” →

Bizarre, Constitutional Law, Politics, Society

Virginia Becomes Ground Zero in Battles Over Parental Rights

While it is unlikely to pass, new legislation criminalizing the refusal of parents to affirm their children’s LGBT identity would trigger a likely successful constitutional challenge. WJLA  reported that Democratic Virginia Delegate Elizabeth Guzman will introduce a bill that will expand the state’s definition of child abuse and neglect to include parents and guardians who do not affirm the gender identity declared by their children. In the meantime, a journalist, David Leavitt, reported Virginia state senate candidate Tina Ramirez to Child Protective Services over a tweet celebrating Columbus Day as creating an abusive environment for her children. Such unhinged efforts are further pushing parental rights higher among the top concerns for voters. Continue reading “Virginia Becomes Ground Zero in Battles Over Parental Rights” →

Columns, Constitutional Law, Media, Politics

The Trump Subpoena: Why the Jan 6 Committee’s Timing is both Terrible and Telling
C-Span Screengrab

Below is my column in The Hill on issuance of a subpoena for former President Donald J. Trump by the January 6th Select Committee. It brought together two obsessions: the Bears and the law. The final scheduled play in both the Bears game and the Committee hearings had one striking similarity. In both cases, the throw was solid but it came too late and the reception was much in doubt.

Here is the column: Continue reading “The Trump Subpoena: Why the Jan 6 Committee’s Timing is both Terrible and Telling” →

Bizarre, Columns, Criminal law, Media, Politics

“He was not Arrested”: CNN and MSNBC Ex-Bosses Struggle to Justify Burying the Hunter Biden Story
YouTube Screenshot

“Denial is not just a river in Africa.” Those sage words from SNL character Stuart Smalley seemed prophetic this week as ex-MSNBC boss Phil Griffin and ex-CNN boss Jeff Zucker were confronted about their burying of the Hunter Biden story. Their tortured and transparent rationalizations caused an immediate response from some of us who have written about the scandal since its inception. That included Griffin’s almost laughable claim that their approach before the election was justified because “he was never arrested.” Continue reading ““He was not Arrested”: CNN and MSNBC Ex-Bosses Struggle to Justify Burying the Hunter Biden Story” →

Res ipsa loquitur – The thing itself speaks