Category: Politics

The Danger To Trump Rests In The Sleeper Questions Of The Special Counsel

160px-Official_Portrait_of_President_Donald_Trump_(cropped)440px-Director_Robert_S._Mueller-_IIIBelow is my column in The Hill newspaper on the leaking of the questions outlined by Special Counsel Robert Mueller for an interview with President Donald Trump.  The leak occurred shortly before the resignation of Trump counsel and his replacement with Emmet Flood.  The change removed the lawyer who was most eager to cooperate with Mueller to bring an end to the investigation.  If the leak was designed to poison the well for an interview, the statements of Trump’s counsel certainly indicated a harder line toward Mueller.  Giuliani has stated that Mueller would be given no more than a couple hours on narrow topics — a public statement that could push Mueller toward fulfilling his earlier threat to subpoena Trump.  If Trump fights Mueller on the subpoena, he is likely to lose. He could then find himself pulled into a grand jury room without the benefit of counsel (though he could always reverse himself and agreed on a sit down with the Special Counsel).

Here is the column: Continue reading “The Danger To Trump Rests In The Sleeper Questions Of The Special Counsel”

Pruitt Goes For An Even Dozen: EPA Chief Is Now Facing 11 Federal Probes Into Excessive Spending, Special Dealing, and Ethical Violations

440px-Scott_Pruitt_official_portraitEnvironmental Protection Agency administrator Scott Pruitt seems a virtual perpetual motion machine of scandals.  With 11 different federal probes into his conduct, two of his top aides quit their jobs in the middle of the investigations, according to the New York Times.  I certainly will not deny my opposition to many of the actions taken by Pruitt, who is widely viewed as one of the most anti-environmental EPA chiefs in history. However, this is not about policy differences.  Trump is fulfilling his campaign promise to reduce regulations and he is entitled to take the EPA in a different direction.  Rather this is about fundamental values of good government.  Pruitt continues to be an embarrassment in his relations with lobbyists and alleged spending of public funds — a sharp and glaring contradiction to the pledge of Donald Trump to “drain the swamp.”  Continue reading “Pruitt Goes For An Even Dozen: EPA Chief Is Now Facing 11 Federal Probes Into Excessive Spending, Special Dealing, and Ethical Violations”

John Dean Calls Leaking The Questions A Possible Basis For Obstruction Of Justice

E0398-03APresident Nixon’s White House counsel John Dean claimed that if the Trump administration leaked questions from special counsel Robert Mueller it could qualify as obstruction of justice.  Once again, I disagree with such sweeping interpretations of the crime of obstruction of justice.  Leaking such questions or topics would not be a crime under any case that I am aware of in defining the crime of obstruction.

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Trump Denounces Leaked Questions As “Disgraceful” and Dowd Denies Being The Source

440px-Official_Portrait_of_President_Donald_TrumpPresident Donald Trump lashed out at the leaking of the questions that Special Counsel Robert Mueller wants to ask him in an interview as “so disgraceful.”  In the meantime, various news organizations (including Fox News) pointed fingers at former counsel John Dowd.  Since the New York Times said that the leak did not come from “current counsel,” Dowd instantly became the leading suspect.  Dowd however has denied the allegations and maintained “I was not the source.” Continue reading “Trump Denounces Leaked Questions As “Disgraceful” and Dowd Denies Being The Source”

Almost 70 Percent Of Eighth Graders In Public Schools Fail proficiency In English and Math

Andrew_Classroom_De_La_Salle_University.jpeg-1The United States continues to fail our children in public schools in cranking out children who are below basic proficiency in both math and English.  With an increasingly competitive economy demanding higher levels of skills, we are leaving most of our children in a position with dwindling opportunities and futures.  According to the National Assessment of Educational Progress test results released by the U.S. Department of Education, sixty-five percent of the eighth graders in American public schools in 2017 were not proficient in reading and 67 percent were not proficient in mathematics. That dire situation is even worse in cities like Detroit.

 

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Finding #44: Did James Clapper Leak Information To CNN Before Accepting A Media Deal?

220px-James_R._Clapper_official_portrait200px-Cnn.svgBelow is my column in the Hill Newspaper on the finding by The House Intelligence Committee with regard to the allegation that Director of National Intelligence (DNI) James Clapper may have leaked information on the Steele dossier.  The record is still surprisingly muddled on what Clapper is saying about his media contacts during this period. At best, it appears that he may have confirmed elements of the dossier after leaving office on January 20, 2017, but his comments have been (as described by the Committee) “inconsistent.” At worse, he could be accused (again) of perjury.

Here is the column:

Continue reading “Finding #44: Did James Clapper Leak Information To CNN Before Accepting A Media Deal?”

The Designated Defendant: Federal Judge Refers To Indictment Of Michael Cohen As “Likely”

Angeklagter-vor-GerichtIn criminal law, defense attorneys occasionally refer to a poor sap in a corporation as the “designated defendant” — the guy who by design will take the fall for the company after signing reports or submitting false statements.  For Michael Cohen, his possible indictment is not by design but his own hand — a notoriously poor lawyer with reckless inclinations.  However, according to federal judge S. James Otero of United States District Court in Los Angeles, Cohen appears to be the designated defendant for the Southern District of New York’s U.S. Attorney’s Office. In staying the proceedings in California started by counsel for former porn star Stormy Daniels, Otero has referred to the indictment of Cohen as “likely.”  It is a view shared by many in the criminal law field, but it must be chilling when it comes from a federal judge.

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Europe’s Invasive Species: We Should Keep Macron’s Oak And Send Back His Speech Limits

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U.S. House of Representatives

Below is my column in The Hill on the speech by French President Emmanuel Macron and his calling for the United States to join France in a crackdown on “fake news.” Our members were either clueless or complicit in this thinly veiled call for speech regulation on the Internet. However, there is growing pressure from Europe for the United States to abandon its long commitment to free speech — a call that is being heard by a rising number of academics and politicians.  I love the oak (which has disappeared) but the advice in far more invasive for this country.

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The Blocked Caller: House Intelligence Committee Report Challenged Over Refusal To Subpoena Critical Phone Record

downloadI ran a column yesterday discussing one of findings of the House Intelligence Committee dealing with James Clapper. The report was largely well-supported and was even critical of Trump’s calling for Wikileaks and the Russians to release hacked material.  However, one element of the Democratic rebuttal also struck me as equally credible.  The Democrats objected, among various shortcomings in the Committee investigation, that a critical call was never pursued by the majority.  The timing of the call strikes me as raising a legitimate question and, absent countervailing facts from the majority, would seem to constitute a glaring omission.  It is not clear why the majority did not try to determine the identity of the “blocked caller” before the infamous meeting of Donald Trump Jr., Paul Manafort, Jared Kushner, and Russians in Trump Tower.

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Federal Judge Rules Against Berkeley In Victory For Free Speech

Seal_of_University_of_California,_Berkeley.svgI have previously criticized the University of California at Berkeley for its highly biased history in dealing with conservative speakers who come to campus.  Now, federal judge Maxine Chesney has agreed with the Young America’s Foundation (and the U.S. Justice Department) in rejecting a motion to dismiss by Berkeley — forcing the school to deal with its policies and priorities on the exercise of free speech.  The president of the University of California system is Janet Napolitano, former  United States Secretary of Homeland Security under President Barack Obama.

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“Only A REAL INDIAN Can Defeat The Fake Indian”: Cambridge Building Inspector Orders Removal Of Bus Signs Of Challenger

Elizabeth_Warren,_official_portrait,_114th_CongressThere is an interesting legal challenge in Cambridge where an independent Senate candidate has alleged that Democratic city leaders have improperly used their authority to try to shutdown his campaign against Mass. Democratic Sen. Elizabeth Warren.  Specifically at issue is a bus featuring campaign slogans parked in the lot of an apartment building owned by Shiva Ayyadurai. Ayyadurai’s signs poke fun at Warren’s disputed claim that she is Native American. Ayyadurai whose family came from India has posted signs proclaiming “Only A REAL INDIAN Can Defeat The Fake Indian.”  City officials ordered the signs removed, though the basis for the action is hardly self-evident.  Ayyadurai has filed a free speech challenge in federal court.

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Justice Department Tells Court That Trump’s Own Admissions Undermine Claims Of Attorney-Client Privilege Over Cohen Material

160px-Official_Portrait_of_President_Donald_Trump_(cropped) I (and many others) have cautioned the President for over a year that his tweets and public comments are underlying his case (and litigation like the immigration challenges) in federal court.  Now the Justice Department has used the President’s latest comments in a call-in to “Fox and Friends” as eviscerating efforts to claim privilege over documents on his behalf in the review of the material seized from his personal lawyer, Michael Cohen.  While opposing counsel like Democratic state attorneys general have used Trump’s comments against his Administration and the Justice Department has struggled to defend against such use, this is the first time that his own Justice Department is using the President’s comments effectively against his interests.  In the meantime, it was revealed yesterday that the FBI seized 16 different cellphones from Michael Cohen.

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SHOULD TRUMP PARDON COHEN?

Below is my column on the question of whether President Donald Trump should pardon his personal lawyer, Michael Cohen.  Cohen has notified a judge in California that he will refuse to answer questions in a case brought by counsel for Stormy Daniels by invoking his Fifth Amendment right against self-incrimination.  President Trump, who has ridiculed people who invoke their Fifth Amendment rights, called into Fox and Friends to

 

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Report: Columbia Professor Used By Comey For Leak Was Actually A Special Government Employee With The FBI

440px-Comey-FBI-PortraitWe have been discussing the investigation by the Inspector General of the Justice Department into the leaking of FBI memos by former Director James Comey.  I have previously explained why there are serious questions concerning Comey’s conduct.  Now there is an interesting development after Fox News confirmed that the law professor used by Comey for his leak was in fact a “special government employee” (SGE) for Comey’s FBI.  That status of Columbia Professor Daniel Richman raised new concerns

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Red Wolf Population Close To Extinction

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U.S. Fish and Wildlife Service

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