Category: Society

The False Friend Dilemma: Why Trump Has Few Options In Dealing With Omarosa

Below is my column in the Hill newspaper on the continuing controversy surrounding the release of the tell-all book by Omarosa Manigault Newman.  Manigault Newman has continued her release of secret tapes featuring the President and his staff.  Her latest tape captures a private conservation with Lara Trump who offers Manigault Newman a $15,000 a month job with the Trump campaign on the promise that she will “stay positive.”  Trump refers to the rumor that Manigault Newman has dirt of Trump as she offered a job with few apparent duties or expectations other than “staying positive.”  Of course, many of us are still wondering what Manigault Newman did in the White House.  Nevertheless, the taping shows the utter lack of loyalty or honestly by Manigault Newman in dealing with friends and coworkers. 

The Trump campaign has now filed a civil action, which is discussed as a possibility in the column below.  The potential for criminal liability however is limited in this case.

Here is the column: Continue reading “The False Friend Dilemma: Why Trump Has Few Options In Dealing With Omarosa”

“Evil Is A Make-Believe Concept”: American Couple Is Murdered By ISIS While Cycling Through Tajikistan

Jay Austin and Lauren Geoghegan quit their jobs in Washington, D.C. to experience the world in their late 20s.  Austin wrote on the trip how he had found great decency everywhere they had gone. He wrote: “Evil is a make-believe concept we’ve invented to deal with the complexities of fellow humans holding values and beliefs and perspectives different than our own… By and large, humans are kind. Self-interested sometimes, myopic sometimes, but kind. Generous and wonderful and kind.” That inspiring world adventure came to the end in Tajikistan when they and two other cyclists were hit by a car filled with ISIS fighters who jumped and stabbed them to death as “nonbelievers.”

Continue reading ““Evil Is A Make-Believe Concept”: American Couple Is Murdered By ISIS While Cycling Through Tajikistan”

Manaport Declines To Testify Or Present Defense in Alexandria Trial

ManafortIn a brief exchange with Judge T.S. Ellis III, former Trump campaign chair Paul Manafort declined yesterday to take the stand in his own behalf.  His defense then declined to present its own case and moved the trial to closing arguments. Given the highly damaging evidence offered by the prosecution, there is little that will be offered to actually refute the charges.  The decision to waive testimony and a defense case can be a strong strategic choice in a case where the defense savaged the prosecution. That is not this case. Continue reading “Manaport Declines To Testify Or Present Defense in Alexandria Trial”

FIFA Rids Itself Of Corruption . . . By Eliminating “Corruption” From Its New Ethics Code and Allowing Prosecution Of Critics

William_Powell_Frith_Claude_DuvalAs many of you know, I have been a long critic of the corrupt history of the Fédération Internationale de Football Association (FIFA) and its sleazy leadership. For years, many have called for FIFA officials to end their global reputation as corrupt and self-dealing. They showed utter contempt for such calls and investigation. It was not until the United States worked with other countries to arrest top officials that FIFA fessed up to its problems. However, it did not take long for FIFA to go back to its old ways.  It has now made future corruption scandals less likely not by the implementation of  new rules allowing the punishment of those who “defame” FIFA officials or the organization.  Indeed, the word “corruption” is no longer in the code of ethics. Moreover, bribes and other violations kept secret for ten years will be essentially wiped clean for purposes of prosecution.

 

Continue reading “FIFA Rids Itself Of Corruption . . . By Eliminating “Corruption” From Its New Ethics Code and Allowing Prosecution Of Critics”

FBI Fires Peter Strzok

peter-strzok-and-lisa-pageControversial FBI official Peter Strzok has been fired by the FBI — joining former acting FBI director Andrew McCabe in the ignoble distinction of being terminated by an agency that rarely jettisons its own.  The firing creates an obvious dissonant element to the Democratic defense of Strzok as someone unfairly hounded by the Republicans. The terminations of McCabe and Strzok are based on the view of officials who viewed their conduct as unacceptable and, in McCabe’s case, potentially criminal.

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One notable controversy was raised by Strzok attorney Aitan Goelman, who maintained that Deputy Director David Bowdich “overruled” the FBI’s Office of Professional Responsibility to remove him. The suggestion is that career officials did not view Strzok’s conduct as warranting such action.

Strzok was with the FBI for 21 years.  It did not take time for Trump to tweet out the news:

 

 

Strzok was removed from the special counsel probe last year after the discovery that his incendiary text messages with FBI lawyer, who had an affair with Strzok.

I am interested in the basis for Strzok’s attorney claiming that  the deputy director “reversed the decision of the career FBI official responsible for employee discipline who concluded, through an independent review process, that a 60-day suspension and demotion from supervisory duties was the appropriate punishment.”  There should be some explanation from Goelman as to whether that is true and, if so, the basis for such a reversal.  Generally, the recommendation of the OPR carries considerable weight in such matters. However, the ultimate decisions rests with officials like Goelman on whether the findings warrant more serious sanctions.

Poll: 43 Percent Of Republicans Agreed That President Trump Should Have The Power To Shutdown News Organizations

Continue reading “Poll: 43 Percent Of Republicans Agreed That President Trump Should Have The Power To Shutdown News Organizations”

Day 7: Kauai’s South Shore

IMG_8339We spent our second day on beautiful Kauai was visiting beaches on the South shore.  We started in the morning at the aptly named Shipwreck Cove where the waves were huge but the under current quite dangerous.  We went in briefly before going down the shore to Poipu Beach which was lovely but a bit crowded. At the suggestion of one of the lifeguards, we went further down the road to Salt Pond Beach which had more roasters than people.  The waves were huge and we had a ball.

 

 

Continue reading “Day 7: Kauai’s South Shore”

Star Power: City Council Unanimously Calls For Removal Of Trump Hollywood Star

440px-Official_Portrait_of_President_Donald_TrumpThis week, the City of West Hollywood council joined in the gratuitous insults and derogatory that has come to characterize our politics on both sides.  The city council unanimously voted to ask Los Angeles and the Hollywood Chamber of Commerce to remove President Donald Trump’s star from the Hollywood Walk of Fame.  The star has been repeatedly vandalized in recent weeks. In the meantime,Los Angeles County District Attorney’s Office announced that Austin Clay, 24, was charged with vandalism for destroying Trump’s star last month.  He used a pickaxe.

Continue reading “Star Power: City Council Unanimously Calls For Removal Of Trump Hollywood Star”

Trump’s Tweets Are Cathartic and Costly But Not Crimes

donald_trump_president-elect_portrait_croppedBelow is my column in USA Today on the most recent claim that the tweets of President Donald Trump concerning the Special Counsel are acts of obstruction.  Once again, there is a blind eagerness to claim a prime facie criminal case against Trump. However, the implications of such a charge are enormous. It would mean that a subject or target of an investigation could be criminally charged for publicly denouncing the prosecutors or their investigation.  While it is certainly true that a president is not just any investigatory subject and has powers that do mean a menacing meaning to such tweets, it would radically extend the scope of obstruction into more ambiguous areas.  In the end, this is still the exercise of free speech in this context.

Continue reading “Trump’s Tweets Are Cathartic and Costly But Not Crimes”

Playing The House: Why Manafort May Have Taken The Highest Risk Option

1531416683549Below is my column in the Hill newspaper on the Manafort trial and why Manafort is pursuing a high-risk litigation strategy over a plea deal.  The strategy looks strikingly like a pardon pitch and it could be working.  President Donald Trump took the rare step of commenting on a case at trial to not only praised Manafort but analogized his case to the treatment of Al Capone. He tweeted that “Looking back on history, who was treated worse, Alfonse Capone, legendary mob boss, killer and ‘Public Enemy Number One,’ or Paul Manafort, political operative & Reagan/Dole darling, now serving solitary confinement – although convicted of nothing? Where is the Russian Collusion?” Of course, both could well be guilty and both could find that a criminal count with a ten year sentence is just about the same as another in terms of its impact on your life.\

Here is the column: Continue reading “Playing The House: Why Manafort May Have Taken The Highest Risk Option”

An Affair To Remember: North Carolina Man Awarded Nearly $9 Million For Wife’s Infidelity

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There is an extraordinary case out of North Carolina where Superior Court Judge Orlando Hudson awarded Keith King $8.8 million in compensatory and punitive damages against Francisco Huizar III.  Huizar had an affair with King’s wife and was sued for criminal conversation and  the relatively rare claim of “alienation of affection.”  Only six states currently have alienation of affection laws still on the books. We previously discussed an award of $9 million to a woman in North Carolina.

Continue reading “An Affair To Remember: North Carolina Man Awarded Nearly $9 Million For Wife’s Infidelity”

Mueller Sends More Cases To SDNY For Possible Prosecution

440px-Director_Robert_S._Mueller-_IIILost in the mix of Manafort and other news, there is a significant development in Special counsel Robert Mueller’s investigation.  Mueller has referred a number of cases to the Southern District of New York for possible prosecution, including reportedly case involving longtime Democratic lobbyist Tony Podesta and his work for his former firm, the Podesta Group and former Obama White House counsel Greg Craig, a former partner at law firm Skadden, Arps, Slate, Meagher & Flom LLP.  It is not clear if charges would emerge from these cases but the referral further decentralizes the investigation.

 

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Connecticut Official Stirs Controversy By Taking A Knee During Every Pledge Of Allegiance In Council Meetings

Screen Shot 2018-07-31 at 7.58.32 AM.pngA controversy is building in the little town of Haddam, Conn. where Selectwoman Melissa Schlag continues to take a knee NFL-Style during the Pledge of Allegiance at the start of meetings.   Her protest however is not the treatment of African Americans but to protest President Donald Trump.  I have previously stated my personal dislike for such protests during the national anthem and I frankly view this as a bit silly as a forum.  However, while I have argued that owners have every right to bar such protests by NFL players as a contractual matter, I believe Schlag has a clear first amendment right to continue her protest as these meetings. Continue reading “Connecticut Official Stirs Controversy By Taking A Knee During Every Pledge Of Allegiance In Council Meetings”

Tackling Free Speech: Roger Goodell and NFL Order Jerry Jones To Stop Talking About The Anthem

Freedom_of_SpeechIt appears that all of the concern over the free speech rights of players over the national anthem protests does not extend to owners.  Last week, Dallas Cowboys coach Jerry Jones was reportedly told to stop talking about the national anthem controversy.  Jones had said that his team would be standing at attention during the playing of the national anthem this season.  Then he went silent.  I previously wrote how the NFL is an organization curiously based on socialist principles and a heavy-hand of censorship.  The NFL is already buckling on its compromise to allow players to stay in the locker room as protests during the anthem as the player association and some teams demand the right to continue the protests.

Continue reading “Tackling Free Speech: Roger Goodell and NFL Order Jerry Jones To Stop Talking About The Anthem”

Philadelphia Ends Sharing Information With ICE

us-immigration-and-customs-enforcement-seal-plaque-l100px-Seal_of_Philadelphia,_Pennsylvania.svgPhiladelphia has announced that it will formally end its information-sharing agreement  with Immigration and Customs Enforcement (ICE) – a move following protests against ICE.  Democratic Mayor Jim Kenney declared “If I could abolish ICE, I would. But we can abolish this contract, and we are.”  While a court recently ruled against the Administration on withholding federal grants from sanctuary cities, the growing confrontation with ICE is likely to grow as the Trump Administration pursues penalties against such cities. Continue reading “Philadelphia Ends Sharing Information With ICE”

Res ipsa loquitur – The thing itself speaks