Below is my column in the Hill newspaper on release of the first Cohen tape and rumored seizure of many more such tapes by federal prosecutors. I have previously stated that the secret taping of Donald Trump was, in my view, flagrantly dishonest and disloyal in dealings with a client. While the American Bar Association relaxed the rule against secret taping from being per se unethical, few lawyers would contemplate what Cohen did to his client. Indeed, New York is a jurisdiction that looks with disfavor on such taping as a routine matter. Unless done for some clear societal benefit, it is a serious potential unethical act. Michael Cohen continues to be an embarrassment to the profession in his low level of legal judgment and even lower professional standards of conduct.
Here is the column:
We earlier discussed the dropping of the highly dubious charges brought against Stormy Daniels in Columbus, Ohio. The arresting officials insisted that they were at the Sirens strip club on an undercover mission entirely separate from the appearance of Stephanie Clifford, aka Stormy Daniels. Emails now appear to contradict that account — raising not only the question of selective enforcement but political bias. There is also the question of the false statements allegedly made to investigators. 
CNN landed a major news coup with the airing of one of the conversations that Michael Cohen secretly taped with President Donald Trump. The tape is not the best in terms of the audio quality but it contains some troubling portions. Notably, this was clearly not a telephone conversation but sounds like an actual meeting where Cohen is sitting and meeting with Trump. I just 
Many civil libertarians long objected to the reliance on local policy on money and property seized in drug stops and raids. 
As is often my practice, I used an out-of-town speech this week to experience another of our wonderful national parks. With my keynote to the Ninth Circuit scheduled for Monday, I used Sunday to explore the rough remote areas of the Cleveland National Park. I decided to get up early an hike the San Juan and Chiquito Falls trails. It would turn out memorable beyond all of my expectations. With a heat wave hitting the area, the hike in the desert environment was well over 100 degrees with no shade. Despite bringing over a gallon of water in my camel back, I ran out of water on the return of the long hike and ended up with heat stroke . . . and had to be airlifted out after taking a tumble into a ravine. More of that rescue later. All I can say is that I can never repay the Orange County rescue team of the Sheriff’s office and fire department. While I wish I was not the subject of their work, meeting these incredibly heroic first responders was an inspiring experience. I will be writing about that experience separately. While I am now recovering from heat stroke in my hotel, I wanted to share some of the pictures before my embarrassing failure just short of the trail head. 
I have the honor of giving a keynote address to the Ninth Circuit Judicial Conference in Anaheim, California this morning. The presentation at 10:30 am at the Marriott Anaheim is entitled “The Rise and Fall of Free Speech In the West.” 
The much-discussed $3.9 billion acquisition of Tribune Media by Sinclair Broadcast Group Inc. is now in serious question after the discovery of undisclosed facts and relationships. A hearing has been called and many believe that Sinclair will drop its bid to avoid the highly damaging adjudication of these issues. On Wednesday, the Federal Communications Commission unanimously 
I have previously questioned the environmental and economic sense of President Donald Trump pushing the United States into greater coal consumption with the rest of the world developing alternative energy sources. We seem to be pushing a buggy-whip economy as the world and markets pass us by. My greatest concern is the hostility shown by the Trump Administration to new energy sources. A touchstone of the industry is Levelized Cost of Energy Analysis (LCOE) which was used by investment bank Lazard to evaluate the current costs and prospects of different energy investments. It found (as we have previously discussed) that 
FDA Commissioner Scott Gottlieb may have come up with the greatest tagline since “White Men Don’t Jump.” Gottlieb has announced that the agency is considering blocking the use of the term “almond milk” because “an almond doesn’t lactate.” 
MGM Resorts International has gone to an extraordinary point to forum shop for more sympathetic judges: it is actually 
As many of you know, I am a history nut and I could not ignore the 100th anniversary of the murder of the entire Romanov family on July 17, 1918. It is an ironic anniversary after the disastrous meeting of President Donald Trump in Helsinki with Russian President Vladimir Putin. There are perils to trusting some Russian leaders and I am afraid that Putin, the former KBG officer, would be one of those least worthy of trust. 
In one of the most troubling orders issued by a court in years, U.S. District Judge John F. Walter issued an 
We recently discussed the seemingly endless examples of binary gender stereotypes in our society, including the 
The University of Wyoming has long rallied around it mascot of the cowboy and it markets the school with the slogan “The World Needs More Cowboys.” That marketing campaign however has triggered a backlash against the mascot and objections that it is racist and sexist and culturally insensitive. Willie Nelson warned about this in his song “Don’t Let Your Babies Grow Up To Be Cowboys” when he sang “Them that don’t know him won’t like him. And them that do sometimes won’t know how to take him. But apparently not everyone agrees.”