Category: Politics

“A Desire That They Suffered Until Their Last Breath”: Alabama Professor Under Fire For Hateful Comments Following Rush Limbaugh’s Death

Professor Sarah Parcak of the University of Alabama-Birmingham has been a lightning rod of controversy, particularly on conservative news sites, for her calls for banning books and “how to” instructions on toppling public art like obelisks in violent protests. She is now under fire for saying that she hoped that conservative figures like the recently deceased radio commentator Rush Limbaugh “suffered until their last breath.” She has since taken her Twitter account private to bar general access, but some are calling for her to be fired. As will come as little surprise to many on this free speech site, I strongly oppose such calls even though I find Parcak’s extremist and unhinged views reprehensible. Continue reading ““A Desire That They Suffered Until Their Last Breath”: Alabama Professor Under Fire For Hateful Comments Following Rush Limbaugh’s Death”

Lincoln Project Scandals Highlight The Role Of Lawyers As Donors

The Lincoln Project is facing rising allegations of ignoring sexual harassment claims against co-founder John Weaver, profiteering on donations, and even violating federal law in posting private messages by another co-founder. Now, in an effort to show that it is addressing the Weaver allegations fully and openly, the Project announced that it has retained a law firm to do an independent assessment of the controversy. However, the Project selected Paul Hastings, which has leading members (including a managing partner) who supported the Project financially. The support of lawyers for the Project is particularly troubling given its campaign to harass other lawyers to get them to drop Donald Trump or the Republican party as clients in election challenges. Continue reading “Lincoln Project Scandals Highlight The Role Of Lawyers As Donors”

Mutual Destruction: How Trump’s Trial Became A Tale Of Constitutional Noir

Below is my column in the Hill on second Trump trial and how core values quickly became the extraneous to the purpose of this constitutional process.  The final chaos triggered by Rep. Jaime Raskin (D., Md) only highlighted the procedural and legal irregularities in a trial that seem increasingly detached from values like due process.

Here is the column:

Continue reading “Mutual Destruction: How Trump’s Trial Became A Tale Of Constitutional Noir”

A Return To Rage: Schumer and Pelosi Attack Members Who Voted To Acquit As Political Cowards and Shills

There was a palpable sense of relief in Washington as the Trump trial came to a chaotic but final end. The verdict is in so now the vilification can begin. Both Majority Leader Chuck Schumer and Speaker Nancy Pelosi immediately weaponized the verdict and demonized those who voted to acquit. While the Democrats insisted that all senators should “vote their conscience” that only meant if their conscience supported their side.  Pelosi denounced opposing senators as cowards while Schumer lashed out at them for holding an opposing view of the evidence or the process.  While groups are targeting members on both sides of the trial, our leaders should be calling for unity and civility after the trial. Instead, they are fueling the politics of division.

Continue reading “A Return To Rage: Schumer and Pelosi Attack Members Who Voted To Acquit As Political Cowards and Shills”

“We’ve Heard From Enough Witnesses”: Democrats Oppose Calling Witnesses While Schumer Leaves It To The House Managers

Senate Majority Leader Chuck Schumer announced yesterday that he would leave the question of whether to call witnesses to the House managers to decide. In the meantime, various Democratic senators said that there is no need for witnesses despite the House repeatedly acknowledging that it does not know critical facts related to Donald Trump’s state of mind. The position of Schumer and the Democrats is in strikingly contrast to their positions in the last two impeachments. Continue reading ““We’ve Heard From Enough Witnesses”: Democrats Oppose Calling Witnesses While Schumer Leaves It To The House Managers”

Did The Democrats “Tank” The Second Trump Trial?

Below is my column in USA Today on the lack of a strategy by the House to secure conviction in the trial of former President Donald Trump. As I have previously noted, the House managers did an excellent job in their presentations and many of the videotapes rekindled the anger that most of us felt over the riot. They also reinforced the view of many (including myself) that former president Donald Trump bears responsibility in the tragedy that unfolded due to his reckless rhetoric. Yet, there was a glaring omission in the substance of the House arguments. The managers did not lay out what the standard should be in convicting a former president for incitement of an insurrection and only briefly touched on proving any “state of mind” needed for such a conviction. That is why I have referred to their case as more emotive than probative. It lacked direct evidence to support the claim that Trump wanted to incite an actual insurrection or rebellion against the United States, as alleged in the article of impeachment.  I do not believe that an acquittal was inevitable in this case, but it was all but assured by critical decisions made by the House in this impeachment. The unforced errors discussed below raise the question of whether the Democrats “tanked” the trial.

Here is the column:

Continue reading “Did The Democrats “Tank” The Second Trump Trial?”

With Charity For Some? Lincoln Project Faces Questions Over The Spending And Compensation

The Lincoln Project has had a rough couple of weeks.  One of its co-founders, John Weaver, was accused of sexual harassment of young men and the Project attacked him as a sexual predator. As co-founders like George Conway denied any real familiarity or interaction with Weaver, others accused of the Project of turning a blind eye to his conduct.  Then one of its other co-founders, Jennifer Horn, resigned in protest only to be attacked by other Project members as allegedly trying to get more money out of the organization.  Now, the Lincoln Project is having serious questions raised over its compensation for co-founders and an accounting for tens of millions of dollars that may have gone to them or their own firms. Lincoln famously declared “with malice toward none, with charity for all,” but the Lincoln Project is accused of malice towards many but charity for a few.

Continue reading “With Charity For Some? Lincoln Project Faces Questions Over The Spending And Compensation”

Reckless Rhetoric Is A Reckless Standard For An Impeachment Trial

Below is my column in the Hill on how the second Trump impeachment could become a trial over reckless rhetoric in America. The House managers may be playing into that very danger by selecting some managers who have been criticized in the past for their own over-heated political rhetoric.  As managers were replaying the comments of former President Donald Trump from prior years to show how his words fueled divisions, critics were pointing to similar statements from the managers themselves. Rep. Jamie Raskin, D-Md., the leading impeachment manager, was chided for using “fight like hell” in a 2019 interview with The Atlantic — the very words replayed repeatedly from Trump. He also used that phrase repeatedly in prior years to ramp up his supporters in fighting for Democratic control of Congress. Speaker Nancy Pelosi blundered by appointing managers like Eric Swalwell who is notorious for his inflammatory rhetoric, in a trial where such rhetoric would be the focus of the managers.  Swalwell’s comments not only include disturbing legal claims, but highly personal and offensive remarks like mocking threats against Susan Collins, R-Maine. Swalwell declared “Boo hoo hoo. You’re a senator who police will protect. A sexual assault victim can’t sleep at home tonight because of threats. Where are you sleeping? She’s on her own while you and your @SenateGOP colleagues try to rush her through a hearing.”  Pelosi picked not only a member who has viciously attacked Republicans but one of the Republicans most needed by the House in this trial. If this trial boils down to irresponsible political rhetoric, the public could find it difficult to distinguish between the accused, the “prosecutors” and the “jury.” That is the problem with a strategy that seems focused not on proving incitement of an insurrection but some ill-defined form of political negligence.

Here is the column:

Continue reading “Reckless Rhetoric Is A Reckless Standard For An Impeachment Trial”

The Belknap Margin: The Senate Decision Shows Not Much Has Changed Since 1876

When the House moved to impeach President Donald Trump for a second time, I wrote a column on the similarities to the William Belknap impeachment in 1876. The vote of the Senate to continue the trial despite a constitutional challenge over the use of a retroactive trial bore striking resemblance to that earlier decision.  That should be good news for Trump. The Senate declared the trial constitutional and effectively over by its 56-44 vote. Continue reading “The Belknap Margin: The Senate Decision Shows Not Much Has Changed Since 1876”

Modus or Media Operandi? CNN Runs Statement Of Anonymous “Senior Aide” Who Said Trump Loved Watching The Riot

We recently discussed how House managers are claiming the right to use Trump’s failure to testify at his trial as proof of guilt (despite the fact that presidents historically have not given such testimony at Senate trials).  Now CNN has released (on the day before the start of arguments) an account from an unnamed former “senior aide” that Trump was watching the riot in the Capitol unfold and “loving watching the Capitol mob.” The same pattern emerged in the first Trump trial. It is being described as the “smoking gun” evidence needed to secure conviction. The story highlights the decision of the House not to call witnesses before or after its snap impeachment. The question is why the House would use implication, innuendo, and inference when it could have used direct evidence to seek the conviction of Donald Trump.

Continue reading “Modus or Media Operandi? CNN Runs Statement Of Anonymous “Senior Aide” Who Said Trump Loved Watching The Riot”

Thank You For Shoveling My Driveway . . . You Nazi? LA Times Runs Bizarre Column Revealing Liberal Angst And Anger

Los Angeles Times opinion column is firing up the Internet after Virginia Heffernan wrote about her anguish in not knowing how to respond to neighbors cleared the snow on her driveway.  They problem is that they also voted for former President Donald Trump. The column entitled “What can you do about the Trumpites next door?” explores her struggle with how to respond while comparing all Trump supporters to Nazis and Hezbollah.  It is unfortunately hardly surprising to see such unhinged hateful comparisons in today’s age of rage. What was surprising is need to publish such a column containing gratuitous attacks on over 70 million voters as comparable to genocidal murders or terrorists.  Continue reading “Thank You For Shoveling My Driveway . . . You Nazi? LA Times Runs Bizarre Column Revealing Liberal Angst And Anger”

Why Has Trump Not Been Charged With Criminal Incitement?

Below is my column in The Hill on the news that Donald Trump will not be charged with campaign finance violations linked to payments made to Stormy Daniels.  The report (and the start of the Senate trial) raise another question as to why Trump has not been interviewed, let alone charged, with the crime of incitement. Various members and legal experts have claimed that the case for prosecution is clear on its face. The crime occurred in public over a month ago, but there is no indication of a move to prosecute. Why? It is presumably not because prosecutors feel it would be too easy.

Here is the column:

Continue reading “Why Has Trump Not Been Charged With Criminal Incitement?”

The Return Of Marc Elias: The Lawyer Implicated In The Clinton Dossier Scandal Is Back In The News

It appears that Marc E. Elias is back. The Perkins Coie lawyer was the focus of stories related to the Steele dossier and the long-denial of the Clinton campaign that it actually funded investigation. Despite such false statements by the campaign before the election, the money was found to have been paid out as a legal expense through Elias as counsel for the campaign. Elias also reportedly was present when this funding was denied to the media and to Congress. The Biden campaign enlisted Elias to lead efforts in election challenges despite that history. He is now making a curious argument in New York for a Democratic lawyer: he is alleging that thousands of votes may have been switched or changed by Dominion voting machines. Continue reading “The Return Of Marc Elias: The Lawyer Implicated In The Clinton Dossier Scandal Is Back In The News”

Raskin: Trump’s Decision Not To Testify May Be Cited As Evidence Of His Guilt

Over the last four years, we have seen an alarming trend of law professors and legal experts discarding constitutional and due process commitments to support theories for the prosecution or impeachment of Donald Trump or his family.  Legal experts who long defended criminal defense rights have suddenly become advocates of the most sweeping interpretations of criminal or constitutional provisions while discarding basic due process  and fairness concerns.   Even theories that have been clearly rejected by the Supreme Court have been claimed to be valid in columns. No principle seems inviolate when it stands in the way of a Trump prosecution. Yet, the statement of House manager Rep. Jamie Raskin, D-Md., this week was breathtaking. A former law professor, Raskin declared that the decision of Trump not to testify in the Senate could be cited or used by House managers as an inference of his guilt — a statement that contradicts not just our constitutional principles but centuries of legal writing.  Yet, it appears a signature of this team of House managers. Rep. Eric Swalwell earlier insisted that the failure to then President Trump to turn over documents should be cited as evidence of guilt on any underlying claims.

Continue reading “Raskin: Trump’s Decision Not To Testify May Be Cited As Evidence Of His Guilt”

YouTube Censors Senate Testimony From Doctor On Possible Covid Drug

We have have been discussing how writerseditorscommentators, and academics have embraced rising calls for censorship and speech controls, including President-elect Joe Biden and his key advisers. The erosion of free speech has been radically accelerated by the Big Tech and social media companies, including YouTube. Now YouTube has censored actual testimony given to the United States Senate by Dr. Pierre Kory, who was testifying on different drug treatment. So now these companies are going to censor what was told to the government and decide what viewers will be allowed to consider from the public debate. It is a continuation of the movement to prevent people from hearing opposing views and to control what is shared or discussed in a growing attack on free speech. Continue reading “YouTube Censors Senate Testimony From Doctor On Possible Covid Drug”

Res ipsa loquitur – The thing itself speaks