Category: Politics

Stormy Daniels Sues Trump Over “Hush Money” Agreement

160px-Official_Portrait_of_President_Donald_Trump_(cropped)I previously wrote about how the payments to both a former porn star and a former Playboy bunny could prove a greater threat to President Donald Trump than the still unsubstantiated collusion allegations that led to the appointment of the Special Counsel.  Now, one of those woman is formally in court after Stormy Daniels (AKA Stephanie Clifford) filed an action against President Trump.  I have previously criticized counsel for both Trump and Daniels for bizarre actions in this controversy and this lawsuit is no exception.  The lawsuit introduces new facts including the allegation that President Trump’s lawyer used a fake name for the President, David Dennison, as part of this effort to pay what the complaint calls “hush money.”  After differing accounts by Daniels, she has not only stated that she did have a year long affair (something Trump’s counsel has denied) but stated it in a court filing as opposed to a tabloid newspaper.

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Conway Found In Violation Of The Hatch Act By Special Counsel

Screen Shot 2017-11-26 at 10.09.44 PM.pngWe previously discussed the complaint filed by Walter Shaub, the former director of the Office of Government Ethics against White House Counselor Kellyanne Conway for violating the Hatch Act.  At the time, I discussed my view that the statements of Conway concerning the special Senate election in Alabama were clear violations of the Act.  The new report by OSC special counsel, Henry Kerner found two violations in Conway’s making highly political statements in her “official capacity” in November and December of last year in supporting Alabama candidate Roy Moore. Kerner, a Trump appointee, in a letter to President Donald Trump, called on President Trump to take “appropriate disciplinary action.”  However, the White House issued an almost immediate dismissal of the findings.  That was a mistake in my view.  The President can justify not firing Conway but, particularly for an Administration fighting what it considers politicized actions in the Executive Branch, the President should reaffirm the need to comply with the Hatch Act, Some have criticized the act, but it remains federal law.

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Sam Nunberg and Last Night’s NASCAR Press Pileup [Updated]

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It was another breathless bombshell evening last night as media proclaimed that a “Former Trump Aide” said that he believed Trump “may very well have done something during the election with the Russians.” CNN carried a series of bizarre interviews with Sam Nunberg who was refusing to comply with a subpoena from Special Counsel Robert Mueller to produce documents and appear before a grand jury. Nunberg spouted off a series of accusations against Carter Page and others that were immediately picked up as potential confirmation of collusion. However, each CNN interviews made it more and more clear that the network had a virtual freak on a leash. Soon Nunberg denounced Sarah Huckabee Sanders as a “fat slob” and telling her to shut her “big fat mouth.” Nunberg was clearly neither credible nor under control but he drove the coverage for hours as a former aide supporting Russian collusion theories. It was part of our new media: NASCAR journalism where media rushes figures like Nunberg in front of cameras and viewers watch for the inevitable crash. Update: Nunberg now is saying that he will cooperate after all.

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Turley To Speak At National Archives

democracys-messengers-image.pngOn Tuesday, March 6, at noon, I will have the pleasure of speaking as part of the screening of Democracy’s Messengers: The Never-Before-Told Story of Young Americans on Capitol Hill at the National Archives.   Narrated by Cokie Roberts, the film Democracy’s Messengers tells the story our page system.  I was a House page in 1978-79 and eventually served as a House Leadership Page.  I will be part of a panel discussing our experiences ij the program.  Register to attend online. You can also watch the program live streamed on the National Archives YouTube channel.

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Beware Of Politicians Promising An “Honest” Internet: New Bills Targeting Russians May Bag Free Speech

800px-Capitol_Building_Full_ViewBelow is my column in USA Today on the legislation proposed to combat Russian trolling and Internet campaigns.  There is a serious threat to free speech in these measures, which mirror efforts from (ironically) countries like Russia and China.  The serious threat is not a handful of Russians playing on our deep divisions, but rather the hacking operations and attempt to interfere with voting systems.

Here is the column:

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Trump and Netanyahu Meet As Investigations Move Forward In The United States and Israel

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White House picture from May 2017 (U.S. Government)

President Donald Trump and Israeli Benjamin Netanyahu meet today in the White House as a critical moment for both leaders. It is not just a common interest in Middle East peace that they have in common in this meeting. Both men now have key aides who have been cooperating witnesses for prosecutions investigating allegations of wrongdoing. While there is still not direct evidence implicating Trump, Netanyahu is facing a serious threat of indictment, particularly after his former key aides, Nir Hefetz and Shlomo Filber have agreed to testify against him. These witnesses are far closer to Netanyahu and are cooperating on criminal cases directly linked to Netanyahu — as opposed to the collateral crimes thus far addressed by the Special Counsel. One other difference is the respective Constitutional issues.  As I discussed recently, Israel has long accepted that a Prime Minister can be indicted in office.  I believe that the same is true for a president, but there is a long and good-faith debate over the question.

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Le Pen Faces New Criminal Charges For Sending Pictures of ISIS Abuses On Twitter

libertyWe have been discussing  the rollback of free speech in France where writers and speakers are now routinely prosecuted for what would be protected political or religious speech in the United States, including the recent conviction of Robert Menard, mayor of Beziers and a top adviser to Menard was found guilty of inciting hatred against Muslims for complaining about the increasing numbers of Muslim children in French schools.  Now Le Pen is again being charged herself.  She has been accused of the “distribution of violent images” for sending out  tweets depicting ISIS propaganda and violence. It is again an example of France’s denial of free speech and particularly political speech.  Regardless of how one feels about Le Pen’s views, these were core political expressions.

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South Africa’s New Economic Plan: Expropriation of Land and Printing Money

170px-Coat_of_arms_of_South_Africa.svg.pngWith South Africa’s poor economy showing slight improvement and a major credit decision looming,  the new government of President Cyril Ramaphosa would be expected to chart a careful and conservative approach.  However,  its new leaders are turning to two measures that have historically triggered utter disaster for African nations: land expropriation without compensation and the even more dangerous plan to simply print more money and give it to the poor.  I have long admitted to have a Chicago School bias from my undergraduate days, but this does not seem promising for this struggling country.

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Holder: Mueller Is Going To Charge Trump With Obstruction

Eric_Holder_official_portrait Saying that “I’ve known Bob Mueller for 20, 30 years”, former Attorney General Eric Holder said on national television that Trump will be charged with obstruction of justice. Holder does not indicate why he is so confident or the specific basis for an obstruction charge.  I have previously stated that I do not see a credible obstruction charge on the available evidence.

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WA Sex Offender Registration Requirements Can Cause Indefinite Opportunity For Imprisonment Of The Homeless

By Darren Smith, Weekend Contributor

A recent case before the Washington Court of Appeals for Division I highlights what has as a direct result of an increasingly punitive legislation become a perilous trap for a homeless, mentally handicapped citizen–and by extension likely many more.

In February 1998, when he was 23 years old, Jayson Lee Boyd had sex with a 15 year old. On May 27, 1999, Boyd pleaded guilty to Rape of a Child in the Third degree. Boyd was sentenced on July 29, 1999. He has not committed a sex offense since his original conviction. Nevertheless, he is required to register as a sex offender under RCW 9A.44.130 and RCW 9A.44.140. Since his original conviction in 1999, Boyd has been convicted of failure to register as a sex offender three times, all in Skagit County.

Thus his station in life: Seemingly perpetual incarceration is his future.

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Yes, A President Can Be Indicted While In Office

Gilbert_Stuart_Williamstown_Portrait_of_George_Washingtondonald_trump_president-elect_portrait_croppedBelow is my column in the Washington Post on the question of whether a president can be indicted while in office.  Many academics believe that there is an implied immunity from such indictments in Article II of the Constitution. I do not agree as explained in the column below.  Once again, I have stated that I do not see compelling evidence of any prosecutable crimes against President Trump. However, if such evidence did arise and satisfied a grand jury, the Special Counsel could indict even before any impeachment.

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Australian Hunter Under Fire For Photos With Dead Animals

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I have previously expressed my surprise that people enjoy shooting animals in the wild.  As an avid hiker and animal lover, I go to great lengths to see animals in nature but I fail to see why it is exciting or fulfilling to shoot some animal with high-powered rifle.  These trophy hunters seem to want to collect these animals.  Australian businessman, Nick Haridemos, appears to go further and pose with dead animals.  A series of photos like this Twitter image were posted on social media and led to Haridemos being hounded out of Hellenic Club.

 

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The Dog That Didn’t Bark: Collusion Remains An Implausible But Irresistible Conspiracy Theory

Silv-06Below is my column in the Hill newspaper on my view of the current evidence of collusion in the Russian investigation.  I wrote the column to explain my skepticism over these oft-stated theories.  President Donald Trump included my view in a quote in the Trump tweet which triggered something of a torrent of irate emails.  He did not misrepresent my views.  As explained below, I still do not see the compelling evidence for such a claim.  As discussed yesterday, that is obviously not the view of CNN Legal Analyst and former White House ethics attorney Norm Eisen who declared that the case for collusion is now “devastating” and that Trump is “colluding in plain sight.”  The column is an effort to actually bring some legal content to this debate.   There have been countless hours of broadcast “analysis” but very little of the actual cited evidence and how it could fit with any criminal provision or even credible definitions of collusion.

Here is the column:

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Trump: “Take The Guns First, Go Through Due Process Second”

donald_trump_president-elect_portrait_croppedPresident Donald Trump is embroiled in another controversy this week after dismissing both gun rights and due process rights in a single sentence when he told a bipartisan group of members that the government should “Take the guns first, go through due process second.”  Trump also said that he was open to the possibility on a ban on certain assault rifles like the AR-15.  The result was that the only people more up in arms than civil libertarians were gun rights advocatesBreitbart News  ran a headline “Trump the Gun Grabber: Cedes Dems’ Wish List— Bump Stocks, Buying Age, ‘Assault Weapons,’ Background Checks . . . ”

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CNN Legal Analyst: Trump “Colluding In Plain Sight” and Criminal Case Is Now “Devastating”

Norman-Eisen-1200x1500I just posted a column detailing why I am “skeptical” of collusion theories against President Donald Trump, a view that the President recently tweeted.  CNN Legal Analyst and former White House ethics attorney Norm Eisen responded yesterday to my quote in the Trump tweet with his own analysis that the criminal case for collusion is now “devastating” and that Trump is “colluding in plain sight.”  His evidence? Trump’s failure to respond sufficiently to Russian attacks.  It does not seem to factor into Eisen’s analysis that the government is responding on various levels, imposed some sanctions, and that the specific means used to combat the Russians is a discretionary policy question that balances a wide array of technical, legal, and diplomatic factors.  Nevertheless, Eisen assured the public that the criminal case is now devastating.

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Res ipsa loquitur – The thing itself speaks