West Point graduate and Army infantry officer Spenser Rapone has been drummed out of the military after receiving an “other than honorable discharge” from the military. He caused a stir with a posted photo of his West Point cap with the words “Communism will win” written inside. He also displayed a Che Guevara T-shirt underneath his uniform jacket. Rapone is clearly a dedicated socialist, but the action raises the issue of whether being a communist or socialist is disqualifying. His removal is widely tied to a letter sent by Sen. Marco Rubio (R., Fl.). Rapone is scheduled to be a featured speaker at the conference “Socialism 2018” in Chicago this year.
The State Department was eager to brush over miffed feelings connected to the G-7 meeting, particularly with Germany. Perhaps a bit too eager. State Department spokeswoman Heather Nauert was striving to list examples of our close historical relationship and included the D-Day invasion. It is true that that was a key moment in our “relationship” but it was hardly a positive one.
This week, the political and journalistic world was rocked by the news that columnist Charles Krauthammer had only weeks to live. The news came from Charles himself in a characteristically elegant and simple goodbye. I have been personally devastated by the news. I have known Charles for many years and there are few people who I respect more. He is truly one of the most brilliant and interesting individuals I have ever known.
A diehard Nationals fan, Charles and I would watch games together when my Cubs played his Nats. It was a running competition between us as our teams competed each year. Sitting with Charles at a game was one of my great pleasures. Every conversation (no matter the subject) with Charles had a profound and honest character. We would talk about our Dads, kids, politics, and most importantly baseball.
I will not say more at this time because I am still trying to get my mind right with the news. This town without Charles would simply not be the same place for me.
I wanted to share his letter with you in case you have not seen it. It is true and honest and direct . . . just like my friend Charles Krauthammer:
I have been uncharacteristically silent these past ten months. I had thought that silence would soon be coming to an end, but I’m afraid I must tell you now that fate has decided on a different course for me.
In August of last year, I underwent surgery to remove a cancerous tumor in my abdomen. That operation was thought to have been a success, but it caused a cascade of secondary complications – which I have been fighting in hospital ever since. It was along and hard fight with many setbacks, but I was steadily, if slowly, overcoming each obstacle along the way and gradually making my way back to health.
However, recent tests have revealed that the cancer has returned. There was no sign of it as recently as a month ago, which means it is aggressive and spreading rapidly. My doctors tell me their best estimate is that I have only a few weeks left to live. This is the final verdict. My fight is over.
I wish to thank my doctors and caregivers, whose efforts have been magnificent. My dear friends, who have given me a lifetime of memories and whose support has sustained me through these difficult months. And all of my partners at The WashingtonPost, Fox News, and Crown Publishing.
Lastly, I thank my colleagues, my readers, and my viewers, who have made my career possible and given consequence to my life’s work. I believe that the pursuit of truth and right ideas through honest debate and rigorous argument is a noble undertaking. I am grateful to have played a small role in the conversations that have helped guide this extraordinary nation’s destiny.
I leave this life with no regrets. It was a wonderful life — full and complete with the great loves and great endeavors that make it worth living. I am sad to leave, but I leave with the knowledge that I lived the life that I intended.
Rudy Giuliani has often strayed far beyond his brief as a lawyer representing the President in the Russian investigation. These include controversial comments about Korean nuclear negotiations where he was criticized widely in falsely predicting an imminent change. Most recently, while in Israel, Giuliani told the world that Kim Jong-un “got back on his hands and knees and begged” for the United States to revive the Singapore summit. Now, Giuliani is not being contradicted by a foreign leader but the first lady. Giuliani, also during the Israeli trip, declared on the Stormy Daniels scandal that the First Lady “believes her husband, and she knows it’s untrue.” That led to the rare push back from the First Lady’s office from her spokesperson and East Wing communications director Stephanie Grisham that “I don’t believe Mrs. Trump has ever discussed her thoughts on anything with Mr. Giuliani.” In Washington talk, that is a take down. The First Lady rarely issues statements and this statement would never be released absent her consent.
This has been quite a trip of Giuliani in tripping wires and causing controversies. He also attacked Daniels as beyond belief as someone who “sells her body for sexual exploitation.” At least those comments were tangentially related to his brief for the president. The comments on high-level diplomatic matters or the relations between the first couple are well beyond what most lawyers would feel comfortable discussing in public. My concern is that it shows a continued lack of message discipline and focus on the legal team. In this case, that lack of discipline led to a countervailing statement of the First Lady’s spokesperson. In other words, it made the record worse for his client.
Below is my column in USA Today on the assertion of President Donald Trump that he can pardon himself. Since such an act would be the most profoundly disgraceful moment in the history of the American presidency, it is chilling to have a president to even engage in such a public debate. However, I believe that such a power does exist in the Constitution. It is a long and unresolved debate that turns on how you interpret silence. Since the Constitution is silent on any bar against a president benefitting from this power, I believe that a self-pardon is indeed constitutional, even if distasteful. Continue reading “Trump Can Indeed Pardon Himself . . . And We Should Now Never Speak Of This Again”→
I will be testifying today in the Committee on Homeland Security and Governmental Affairs Committee’s Subcommittee on Federal Spending Oversight and Emergency Management. The hearing is entitled “War Powers and the Effects of Unauthorized Military Engagements on Federal Spending” and will address the new proposed Authorization for Use of Military Force (AUMF) proposed by Senators Bob Corker (R-TN) and Tim Kaine (D-VA). As my testimony below discusses, the new legislation would represent an unprecedented change in the law governing war powers. The new AUMF amounts to a statutory revision of one of the most defining elements of the United States Constitution. Putting aside the constitutionality of such a change absent a formal amendment, the proposed legislation completes a long history of this body abdicating its core responsibilities over the declaration of war. Continue reading “Turley To Testify On War Powers In Senate Today”→
In a major development, Manhattan Supreme Court Justice Jennifer Schecter has ordered that President Donald Trump must sit for seven hours of questioning in the defamation case of former Apprentice contestant Summer Zervos. The case is a defamation action is linked to Zervos’ allegation of sexual harassment by Trump. In April, I wrote a column warning that Trump’s local counsel in various states were recklessly using presidential privilege and immunity arguments to try to kill various lawsuits. Now, just as Trump’s team appears to be moving away from a sit down with Special Counsel Robert Mueller, he will have to submit to a grueling, high-risk deposition in New York. The obvious analogies to the Bill Clinton scandal and impeachment are inescapable. Continue reading “Court: Trump Must Appear For Seven Hour Deposition In Defamation Case”→
Just days after President Donald Trump was seen as sending a message to Mueller targets that he could still help them with pardons, Special Counsel Bob Mueller could be sending a message of his own: your future may belong to the President but your present belongs to me. In a major move, Mueller has accused Paul Manafort of witness tampering and is seeking his possible jailing in an adjustment of his pre-trial status. For someone like Manafort, jail can be a panic-inducing element in an already nightmarish case. The motion seeks to “revoke or revise” his current status of home confinement before trial.
As I discussed on Morning Joe this morning, I was surprised when President Trump’s counsel Rudolf Giuliani declared in an interview that Trump could have shot James Comey in the Oval Office and not faced indictment under the Constitution. For those of us who have long argued against sweeping immunity arguments in favor of presidents, this is the hypothetical that we often raise to prove our point. It is bizarre to hear someone use it as an argument in favor of such immunity claims. I have previously written that I believe a sitting president can be indicted. Article II is not where the homicidal meets the constitutional.
Below is my column in USA Today on one of the lines of inquiry by Special Counsel Robert Mueller: the stated desire of President Donald Trump to fire Attorney General Jeff Sessions and his poor public criticism of the Attorney General for recusing. That inquiry has become more damaging with recent disclosures of an effort by Trump to convince or coerce Sessions to reverse his decision to recuse himself. Despite renewed calls for obstruction charges or impeachment counts, there is a clear defense emerging for Trump based on recent comments. Indeed, it may be the only viable defense that accepts these facts while rejecting the claim of criminal obstruction (other than the untested claim that Trump is effectively immune from such a charge).
In yet another contradiction from the Trump legal team, the recent letter to Special Counsel Robert Mueller included the notable admission that Trump “dictated” the statement that is at the center of the obstruction investigation. Previously, Trump lawyers, particularly Jay Sekulow, categorically denied that Trump had drafted the letter. Once again, these are continuing unforced errors produced by either a failure of attorney-client communications or a lack of due diligence. Either way, it is an example of how much of his investigation has been fueled by sheer blunders.
The recent disclosure of a memo from former acting FBI Director Andrew McCabe on a conversation with Deputy Attorney General Rod Rosenstein on an alleged “cover story” demanded by President Donald Trump for his memo on the firing of McCabe’s boss James Comey: I have already said that the memo may shed more light on the mindset of McCabe than Trump. It is most likely that Trump was asking (as he did with everyone of these individuals) for a statement that he was not a target of the Russian investigation. That is not a cover story. However, the memo does raise the question of why Rosenstein has not recused himself. In August 2017 , I wrote a column calling for Rosenstein to recuse himself. This memo only highlights that obvious need.