Category: Politics

Columns, Congress, Constitutional Law, Criminal law, Politics

Do The Democrats Really Want Unity?

Below is my column in the Hill on the increasingly divisive rhetoric and actions taken on Capitol Hill. Rather than plot a course to between greater unity, many are seeking to muscle through extreme measures that will only further aggravate and deepen our divisions.  The media from the New York Times to the Los Angeles Times have run editorials encouraging aggressive moves to secure control of the Senate, including the ending of the filibuster. That move would make every vote a muscle play — producing sweeping changes in a country that is clearly divided and seeking political compromise.

Here is the column: Continue reading “Do The Democrats Really Want Unity?” →

Academia, Animals, Media, Politics

Rhode Island Professor Denounces Science, Statistics, and Technology As “Inherently Racist”

We have previously discussed the radical declarations of University of Rhode Island and Director of Graduate Studies of History Erik Loomis who has defended the murder of a conservative protester and said that he saw “nothing wrong” with such acts of violence. (A view defended by other academics). Loomis is now back in the news with a declaration that “Science, statistics, and technology are all inherently racist because they are developed by racists who live in a racist society, whether they identify as racists or not.” It is a curious position from the person who heads graduate studies in history at the University of Rhode Island. Continue reading “Rhode Island Professor Denounces Science, Statistics, and Technology As “Inherently Racist”” →

Congress, Politics

“Aid and Comfort” To the Enemy: Speaker Pelosi Ramps Up Attacks On Republican Colleagues Amidst Calls For Expulsions

Speaker Nancy Pelosi ramped up the attacks on members of her own house this week, accusing them of giving “aid and comfort” to those who want to destroy the nation.  The comments came after Rep. Lauren Boebert, R-Colo., denied a public accusation by Rep. Steve Cohen, D-Tenn., that she personally took rioters around the capitol for a tour before the attack on January 6th.  Boebert pointed out that the “rioters” were her family members and she has never given such tours. Rather than encouraging colleagues to avoid baseless and inflammatory accusations pending review of what occurred on January 6th, Pelosi threw gasoline on the fire and accused her colleagues of giving “aid and comfort” to those who were trying to destroy the Constitution and the country.  It is, in my view, another failure of leadership by the Speaker in her duties to the institution as a whole. Continue reading ““Aid and Comfort” To the Enemy: Speaker Pelosi Ramps Up Attacks On Republican Colleagues Amidst Calls For Expulsions” →

Academia, Constitutional Law, Free Speech, Media, Politics

Why Burn Books When You Can Ban Them? Writers and Publishers Embrace Blacklisting In An Expanding American Anti-Free Speech Movement

Hundreds of publishing officials, professors, and academics have signed a petition to blacklist Trump administration alumni from receiving book deals.  It is the latest step in a rapidly expanding anti-free speech movement in the United States. In the wake of the Capitol riot, Democratic members and others are calling for a crackdown on free speech and punitive actions for those viewed as complicit with Trump. What is striking is how censorship, blacklists, and speech controls are being repackaged as righteous and virtuous. Indeed, the failure to sign such anti-free speech screeds is a precarious choice for many.  It is as easy as calling for tolerance through intolerance.  After all, why burn books if you can just effectively ban them? Continue reading “Why Burn Books When You Can Ban Them? Writers and Publishers Embrace Blacklisting In An Expanding American Anti-Free Speech Movement” →

Congress, Constitutional Law, Politics, Society

The Case Against Retroactive Impeachment Trials: A Response To The Open Letter Of Scholars

This week, a group of scholars wrote an open letter endorsing the constitutional basis for trying former President Donald Trump in a retroactive impeachment trial. The letter contains many individuals who I know and respect. I encourage you to read their case for such retroactive impeachment. As I have said in every column and posting on this subject, this is a close question upon which people of good-faith can disagree.  However, I would like to respond to the letter and offer a countervailing view. Continue reading “The Case Against Retroactive Impeachment Trials: A Response To The Open Letter Of Scholars” →

Media, Politics, Society

Refilling the Swamp? Trump Rescinded The Ethical Lobbying Bar For Aides As He Was Leaving Office
United States Geological Survey

In a column this week, I was recently critical of the pardons issued by former President Donald Trump, including additional figures convicted of different forms of political corruption. For a person who pledged to “drain the swamp,” his pardons show an unprecedented sense of sympathy (and clemency) for those who profiteered in public office. Yet, those pardons pales in comparison to the contradiction in one of Trump’s last acts as President: rescinding his bar on current and former members of his administration from lobbying their respective agencies for five years.

Continue reading “Refilling the Swamp? Trump Rescinded The Ethical Lobbying Bar For Aides As He Was Leaving Office” →

Academia, Constitutional Law, Free Speech, Media, Politics

Professor Calls For The Elimination of the Republican Party and Purging “Nazified” People From Congress, Universities, and “Regular Jobs”

The media has been airing discussion of hosts and leading figures like Katie Couric on “deprogramming ” Trump supporters or treating Trump supporters as a cult, including a CNN interview with an actual “cult expert.”  Since that would include over 70 million Trump voters, the hyperbolic language can be dismissed as just more examples of our rage-filled political environment. After all, a few days after the election, a law professor declared that even questioning the Biden electoral victory was tantamount to being a holocaust denier. One professor however has taken this call even further in declaring such supporters are worse than the Nazis and heralding the need for the same type of treatment seen with the Nuremberg trials, including the apparent elimination of the Republican Party. Smith College Professor Loretta Ross, who teaches women’s and gender studies, rejected calls for unity and instead called for punitive action against supporters in Congress, universities, and “regular jobs.”

Continue reading “Professor Calls For The Elimination of the Republican Party and Purging “Nazified” People From Congress, Universities, and “Regular Jobs”” →

Constitutional Law, Politics, Society

Hail To The Chief: Joe Biden Becomes Our 46th President

Just before noon, Joseph Robinette Biden Jr. was sworn in as our 46th President.  Most of us wish him the greatest success in leading this nation and hopefully plotting a course of unity rather than division.  He could prove one of the most consequential presidents if he strives to bring this country together on policies that can garner support from both sides of our political divide. He had the reputation as a Senator when I had the pleasure of interacting with him.  That is the Joe Biden who I hope will emerge as our 46th President. Continue reading “Hail To The Chief: Joe Biden Becomes Our 46th President” →

Columns, Congress, Constitutional Law, Criminal law, Media, Politics, Society

“Everybody’s Mistakes Except My Own”: Trump’s Final Pardon List Offers A Telling Reflection On His Legacy

“I can pardon everybody’s mistakes except my own.” Those words of Cato of Elder have long been the principle guiding presidents who have resisted the temptation of issuing themselves self-pardons.  There have been ample abuses of this power, but that is one dishonor that presidents have spared the country. Despite predictions by many in the media, Trump left office without adding that ignoble distinction. He did not grant clemency to himself, his family, or close associates like Rudy Giuliani. What is so telling is that we are so shellshocked from the last four years that this act of restraint was a reason for celebration and praise.  Notably, the lack of the self-pardon might not be a welcomed by critics as it may appear. There is now no impediment to a charge for incitement, a much-touted possible charge that some of us believe would fail ultimately in the courts on either the trial or appellate levels.

Continue reading ““Everybody’s Mistakes Except My Own”: Trump’s Final Pardon List Offers A Telling Reflection On His Legacy” →

Bizarre, Constitutional Law, Free Speech, Media, Politics

Incitement Or Free Speech? Comey Calls For the Republican Party To Be “Burned Down”

There is an interesting interview this week with former FBI Director James Comey.  He states that he now believes that the infamous alleged “pee tape” may be real and makes other surprising statements while pitching his new book.  One statement, however, stood out: “The Republican party needs to be burned down … It’s just not a healthy political organization.” Since the Republican National Committee was targeted with a pipe bomb in the recent riots, some could argue that this is incitement to arson or violence. I would not. I would call it free speech and hyperbole. The question is where the line is drawn given the impeachment of Donald Trump based on his speech and the allegations that others who used such hyperbolic language are actually guilty of incitement. Continue reading “Incitement Or Free Speech? Comey Calls For the Republican Party To Be “Burned Down”” →

Congress, Constitutional Law, Media, Politics

Warren Hastings and the Historical Basis for Retroactive Impeachments [Updated]

It sometimes seems that every impeachment road leads back to Warren Hastings.  Previously, I wrote about Hastings in addressing the bribery theories being voiced by Democratic leaders and legal experts in the first Trump impeachment. Now Hastings is back as a historical precedent for the impeachment of former officials.  As I have repeatedly in virtually every interview since the second Trump impeachment, there are good-faith arguments on the use of impeachment for former officials. However, Hastings is not particularly strong precedent beyond the obvious point that impeachment was used retroactively in Great Britain.

[I have added responses to comments on this column at the end]

Continue reading “Warren Hastings and the Historical Basis for Retroactive Impeachments [Updated]” →

Columns, Congress, Constitutional Law, Politics

The No-Show Option: Trump Could Sit Out The Senate Trial And Still Prevail

Below is my column in the Hill on why President Donald Trump might want to consider skipping the upcoming Senate trial. This is an expanded version of that column. Rumors continue to suggest that Trump is considering Rudy Giuliani as counsel — a role that would be viewed as open contempt to the Senate and, as Karl Rove noted, would increase the chances of a conviction.  There is a better defense: no defense.

Here is the column:

Continue reading “The No-Show Option: Trump Could Sit Out The Senate Trial And Still Prevail” →

Bizarre, Lawyering, Media, Politics

When The Best Is Not Good Enough: Scarborough Recounts Clearly Bad Advice On Suing Trump
NBC News

I have long-criticized President Donald Trump for his tweets suggestions that MSNBC Joe Scarborough murdered a former aide when he was a Republican congressman two decades ago and suggested on Twitter that the two had an “affair.” The tweets are cruel for the family of Lori Klausutis but make scurrilous unproven allegations against Scarborough. Scarborough is saying that he may now sue Trump for defamation. The problem remains that Scarborough is a public figure and, as such, is subject to a high burden for defamation.  What is most striking however is what Scarborough said his lawyers told him about suing earlier.  The “best lawyer in New York” and the “best lawyer in New York” told him that he could not sue a sitting president. That is clearly untrue.

Continue reading “When The Best Is Not Good Enough: Scarborough Recounts Clearly Bad Advice On Suing Trump” →

Columns, Congress, Constitutional Law, Criminal law, Politics

The Senate’s Cadaver Synod: The Trial Of Citizen Trump Would Raise Serious Constitutional Questions

Below is my column in USA Today on the upcoming Senate trial of President Donald Trump. The Hill recently my second column on why the best defense of Trump could be no defense — to skip the Senate trial and force a threshold vote on the constitutionality of the trial of an ex-president.

Here is my column: Continue reading “The Senate’s Cadaver Synod: The Trial Of Citizen Trump Would Raise Serious Constitutional Questions” →

Bizarre, Constitutional Law, Military, Politics

The Big Sleep: CEO Mike Lindell’s Notes Reference Imposition of Martial Law

MyPillow CEO Mike Lindell has long been a diehard supporter of President Donald Trump. Indeed, on the day of the infamous speech preceding the riot in the Capitol, Lindell told media that he was confident that the day would bring vindication for the President. The statement left many of us scratching our heads since the certification of the victory of Joe Biden was only hours away. Now, the Washington Post has blown up the notes of Lindell leaving the Oval Office, which appear to refer to the Insurrection Act and the imposition of martial law. Media reports state that President Trump “cut short his meeting with MyPillow CEO Mike Lindell within minutes, after the entrepreneur was spotted at the White House brandishing notes referencing martial law.”

Continue reading “The Big Sleep: CEO Mike Lindell’s Notes Reference Imposition of Martial Law” →