Category: Politics

Congress, Politics

A Farewell To Walter Jones

It is with the greatest sadness that I have to post the death of Rep. Walter Jones, R-N.C., died Sunday in Greenville, N.C., Jones was one of my former clients when I represented Democratic and Republican members challenging the Libyan war. I spent many lunches and conversations with Walter through the years. I have never met a member of Congress who was more honest and earnest in trying to serve the public. He was an incredibly self-effacing man who felt guilt for not being able to stop the many foreign wars. As a representative with a large military district, Jones was crushed by the deaths or wounding of young men and women in the wars in Iraq, Afghanistan and other hot spots. He was 76.

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Criminal law, Justice, Politics

McCabe: Rosenstein Complained That Trump Forced Him To Justify Comey Firing

We have previously discussed the tell-all book written by James Comey. Now Andrew McCabe has cashed in on his own tell all — and not surprisingly it is scathing. The most notable allegation however concerns the memorandum written by Deputy Attorney General Rod Rosenstein on why Comey should be fired. McCabe insists that he and others witnessed a visibly upset Rosenstein complain that Trump and aides pressured him to write the justification for firing Comey. The book is The Threat: How the FBI Protects America in the Age of Terror and Trump.

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Criminal law, International, Politics

Saudi Arabia Crown Prince Said He Would Use “A Bullet” On Khashoggi in 2017

The New York Times has reported that Saudi Arabia’s Crown Prince Mohammed bin Salman said in 2017 that he would use “a bullet” on Washington Post journalist Jamal Khashoggi. That was well before his murder and contradicts the Crown Prince’s later statement that they were friends. It is one of a long line of lies made by the Crown Prince and the Saudi government to try to cover up the role of the Crown Prince. The evidence is overwhelming that the Crown Prince ordered the murder but the Trump Administration has refused to acknowledge the evidence of its own intelligence services and now has missed a deadline set by Congress. Trump’s son-in-law, Jared Kushner, has a close relationship with the Crown Prince and the Administration is clearly unwilling to allow his murdering of a Washington Post journalist interfere with the U.S.-Saudi relationship.

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Criminal law, Justice, Lawyering, Politics

DOJ Agrees To Investigate Epstein Deal . . . Sort Of

I have previously written about the disgraceful sweetheart deal given to accused serial pedophile Jeffrey Epstein. The deal was struck by Secretary of Labor Alex Acosta and not only succeeded in protecting Epstein from serous jail time but protecting a host of high-profile friends including Bill Clinton who were regulars at his infamous island resort. The problem is that the investigation is not being handled by the Inspector General but the oft-criticized DOJ Office of Professional Responsibility. OPR is routinely criticized for its defense of accused officials, even in some indefensible circumstances. For critics, it often seems more like OPR offers more cover than scrutiny in controversies over prosecutorial abuse. Moreover, the Epstein scandal involves serious questions of corrupt influence by powerful friends of Epstein. Such questions require serious investigative measures. OPR is more likely to find that the deal was within the scope of permissible decisions by a prosecutor like Acosta despite being widely ridiculed as an utter disgrace.

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Politics, Society, Uncategorized

Washington Post: Warren Listed Herself As “American Indian” On Texas Bar Registration

The controversy over the past claims of Massachusetts Sen. Elizabeth Warren being a native American continued this week with a report in the Washington Post.  The Post reported that Warren claimed to be an “American Indian” on her Texas bar registration. Warren has denied claiming the status in her legal career despite being listed or referenced as a minority at a couple of law schools. This is a notable incident because it is a claim written in her own handwriting and was entirely unnecessary for registration in Texas.

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Politics

A Bill Comes Due: New York Faces Massive Tax Shortfall With Elimination Of Federal Deduction

One of the aspects of the new federal tax plan that made sense to me was the elimination of much of the deduction for state and local taxes. While the move cost those of us in higher tax states, it finally forced states to stop using the federal tax laws to effectively subsidize its high tax policies. Now that bill has come due in New York where taxpayers will no longer be able to write off their high state taxes. The result is not only a shortfall of $2.8 billion but droves of wealthy taxpayers leaving the state.

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Columns, Criminal law, Media, Politics

Is The Criminal Collusion Theory Dead?

Below is my column in The Hill Newspaper exploring the current evidence supporting a criminal collusion case against President Donald Trump or his campaign. While clearly not popular to raise, the evidence released to date is rather underwhelming. Indeed, the basis for a criminal collusion prosecution is weaker today than it was a year ago. That does not mean that new evidence cannot be released but this is an attempt at an objective review of past filings and disclosures from the Special Counsel, Congress, and witnesses. That evidence strengthens the case against collusion and certainly supplies ample foundation for a defense against the charge of a criminal conspiracy with the Russians in hacking computer systems. Once again, the column only addresses the basis for a criminal charge based on collusion by Trump or his campaign. The prosecution of Russians for hacking is strong and the fact that Russians wanted to help Trump seems unassailable. The narrative supporting a criminal conspiracy however seems increasing incomplete and incoherent.

Here is the column:

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Congress, Criminal law, Politics

Report: Blocked Caller Connected To Trump Jr. Was Not President Trump
YouTube Screengrab

For over a year, many of the theories of Russian collusion have highlighted a mysterious call to an unpublished number by Donald Trump Jr. in the critical period of the infamous meeting with Russians in Trump Tower. Democratic members apparently received the disappointing news this week that the number has been tracked down and did not belong to President Donald Trump but business associates of his son.

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Media, Politics

Duopoly Distemper: Media and Democrats Attack Schultz For Even Considering A Third Party Run

The exploration of former Starbucks CEO Howard Schultz of a possible third party candidacy has been welcomed by many who have long seen our dysfunctional politics as a result of the duopoly of power in the country in the hands to just two parties. People want change and that is highly unlikely to occur in our current system. That is precisely why Schultz has been met with a torrent of criticism by the media and Democrats for even suggesting a third party run. The spin is that he is handing the election to Donald Trump by splitting the anti-Trump ticket. However, this has been the same mantra for every third party candidate in my lifetime. The problem is that he could win and there is no danger that more threatens the establishment in Washington. So we are back to the same refrain — eagerly repeated by the media — that the country simply cannot handle more choice than the two offered by the party elites.

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Politics

Poll: Fifty-Six Percent of Voters Say They Will Definitely Not Vote For Trump

One of the most perplexing aspects of the White House strategy over the last two years is the total focus on Trump’s base with little apparent concerns for independents and moderate Republicans who have reacting poorly to the confrontational politics. A recent poll shows just how precarious this is becoming for 2020. A new ABC News/Washington Post poll this week shows that 56 percent of Americans said they would definitely not vote to re-elect Trump in 2020. Only 28 percent said they definitely will vote for him. Thia mirrors a previous NPR/PBS NewsHour/Marist poll which found that 57 percent of voters will not back Trump in 2020. Citing the President’s polling numbers, the Texas Republican Party is reportedly now concerned that they could lose the state in 2020.

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Environment, Politics

Trump Again Wrongly Suggests That Cold Weather Disproves Climate Change

We have previously discussed the continued statements of President Donald Trump questioning the overwhelming science behind climate change. Yesterday, President Trump was again mocking the notion of climate change by pointing at the polar air hitting the Midwest. It is part of a long history of Trump transposing weather with climate change — a point repeatedly made by experts but ignored in these tweets. Notably, recent polls show less division among the public, including Republicans, who overwhelmingly agree that we are experiencing climate change.

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Congress, Politics, Society

Debtor Nation: Treasury Quietly Adds Another $1 Trillion In Debt

As many on the blog are aware, I am a fiscal conservative and social liberal (the profile of many a libertarian). I have previously railed against our soaring debt and the continued inability of our presidents and members of Congress to exercise a modicum of fiscal responsibility. This is a new low with the Treasury Department taking on $1trillion in more debt — for a second year in a row. We are saddling our children with this crippling level of debt to avoid our politicians to escape their responsibility to make tough decisions. With the start of the 2020 presidential election, politicians are lining up with expansive new spending proposals to entice supporters as our government plunges deeper into debt.

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Free Speech, International, Justice, Politics

Turkish Courts Release Imprisoned Politician After Hunger Strike In Protest To Isolation Of Abdulla Öcalan

By Darren Smith, Weekend Contributor

On January 13th I posted an article featuring PKK Leader Abdullah Öcalan being held without access to visitation by family and attorneys since 2016. The government’s reversal of policy occurred after a two month long hunger strike staged by imprisoned Kurdish sympathizers including pro-Kurdish Turkish Member of Parliament Leyla Guven, 55. MP Guven’s condition was described as “grave” and in the end considerable concern was that her life was in danger. Now, at least for the time being, Ms. Guven is no longer in custody and hopes are high for her recovery.

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Criminal law, Politics, Society

Roger Stone Indicted
YouTube

Months ago, I wrote about how Special Counsel Robert Mueller was clearly gunning for Stone with an increasing intensity (here and here and here). Stone was arrested early Friday morning in another signature raid on his home by the FBI. Once again, as with the treatment of Paul Manafort, it is unclear why prosecutors wanted to have a night raid on his home (captured by awaiting media) for non-violent crimes. It was entirely unnecessary in my view. The criminal counts themselves are additional counts of false statements and witness tampering. These type of process crimes are the majority of charged conduct against non-Russians in the investigation other than the unrelated crimes against figures like Manafort.

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Congress, Criminal law, Politics

Congress Should Subpoena Cohen
Congressional Seal

President Donald Trump’s former lawyer fixer, Michael Cohen, has declined to appear at this scheduled hearing on February 7th, citing
“ongoing threats” against his family by President Donald Trump and his current counsel Rudy Giuliani. I have previously criticized Trump for his highly inappropriate references to Cohen’s father-in-law and the warning Cohen that his family could be investigated. The comments looked like an obvious threat and an effort to intimidate a witness who has accused Trump of knowing violations of federal law. However, Cohen’s explanation is hardly convincing, though it is highly ironic. Cohen made his living as a legal thug who threatened anyone who presented a risk to Trump. However, the more likely reason is that recently new stories implicated Cohen in additional criminal conduct and Cohen was afraid that he might be asked about possible criminal conduct by his family, including his father-in-law.

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