Category: Society

Exoneration First, Investigation Later: Comey Under Fire Over Draft Clearing Clinton Written Before Interviewing Key Witnesses

440px-Comey-FBI-PortraitBelow is my column in the Hill newspaper on the recent news about Comey drafting a statement declining to charge Hillary Clinton or her staff before key witnesses were interviewed or evidence reviewed.  The question is why Comey pursued the investigation if he felt comfortable months in advance in drafting the statement.  I do not share the President’s view that this draft shows a “rigged process,”  though some FBI agents have objected to the drafting of the statement in this context.  I take Comey at his word that he did not make up his mind until after all of the evidence was reviewed.  However, the draft does show a markedly different approach to the investigation of the Clinton emails and the Special Counsel investigation of the Trump Administration.

Here is the column:

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Myanmar Allows Another Reported Massacre of Muslim Minority Rohingya

250px-Flag_of_Myanmar.svgWe previously discussed the crushing abuse and discrimination faced by Muslims in Myanmar.  The Rohingya are denied basic rights and face continued violence in the country.   While it was hard to imagine the abuse of these Muslims becoming any more extreme in the Buddhist nation, it just did.  The government has allowed a new spasm of violence against this community which has been denied the most basic rights and the support.  Rohingya children have been reportedly beheaded and civilians burned alive.

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Feinstein Faces Furious Opposition . . . After Calling For Patience Over Impeachment

225px-dianne_feinstein_official_senate_photodonald_trump_president-elect_portrait_croppedThere are any number of things that were expected to be raised by critics against the reelection of the senior California senator, Dianne Feinstein.   There is her support for the death penalty or expansions of surveillance programs or her presumed knowledge of the torture program or her husband’s financial dealings.  However, the thing that is galvanizing opposition is Feinstein’s statement this week that she would not back impeachment of President Donald Trump and her suggestion that citizens might have to be patient.  That has caused an outcry that now threatens her consideration of running for a new term.  In the age of rage, even saying that you would not support a clearly unjustified impeachment effort makes you not only someone outside of the resistance but a reactionary.

 

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“End Their Politics”: Antifa and the Rejection of Liberal Democratic Values

contentBelow is my column in the Hill newspaper on the Antifa movement and its implications for free speech on our college and university campuses.  Yesterday, I shared a videotape from one such protest at GW near the law school a few months ago.  My concern is with those faculty members who legitimize the anti-speech foundation for this movement. Yet, the violence at Berkeley has exposed this movement for what it is.  This week Nancy Pelosi did criticize Antifa but then later qualified that criticism.  She said:

“Look, people are out there heiling Hitler and then you have a group that is antifa — anti-fascist; they’ve been there forever — some people may have infiltrated them. We’ll see. But that is not an equivalence, in my view.”

I fail to see why there is a need to draw distinctions.  Antifa is premised on the view that some speech is unworthy to be protected and that preventing people from hearing unworthy views is an act of “community self-defense.”  As the column discusses, the distinction between Antifa and its opposing fascists is rather difficult to discern in terms of the effort to intimidate or assault those with opposing views.  The threat of Antifa is summed up by the description of one of its most influential academic voices.  Dartmouth Professor Mark Bray says that the movement has no interest in co-existence with opposing views and seeks not simply to oppose them but to “end their politics.”

Here is the column: Continue reading ““End Their Politics”: Antifa and the Rejection of Liberal Democratic Values”

The Checkered History of Presidential Pardons From “Lupo The Wolf” To “Big George” Caldwell to “Sheriff Joe”

donald_trump_president-elect_portrait_croppedBelow is my column in USA Today on the Arpaio pardon and its historical context.  While I have been critical of the Arpaio pardon, the history of presidential pardons is quite checkered.  Moreover, I agree with critics that the Justice Department made a major mistake in the timing of its prosecution of Arpaio shortly before the election.  That does not change the fact that Arpaio was in flagrant violation of a court order and warranted the contempt conviction.  I also disagree with New Jersey Christ Christie in aspects of the following statement: 

“I think the pardon power is an extraordinary power for any executive, both the governor, and I’ve used it, and the president. My understanding has always been that one of the prerequisites you look for in giving a pardon is contrition for what you were convicted of. I didn’t see that in Sheriff Arpaio. And so, to me, one of the things that you need an acknowledgment of is an acknowledgment of guilt, first off, is required for pardon.”

While Christie can demand that from individuals as governor, it is certainly not a mandatory requirement for a presidential pardon. Contrition is a common element in presidential pardons in the review of petitions but it is not a threshold requirement.  While a smaller subset of pardons, some pardon beneficiaries, like Richard Nixon, maintain that they were not guilty of any crime.  Indeed, pardons can be used in cases where a president believes that someone was wrongly charged or convicted — as is the case with Trump’s rationale for the Arpaio pardon.  Of course, in such case presidents normally give the courts an opportunity to review the conviction on appeal before executing a pardon.   This is not one of those cases.  Arpaio might have good-faith arguments in favor of his immigration arrests, but those arguments do not give him license to ignore a court order — which he did for 17 months.

Here is the column:

 

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The No Confidence Impeachment: Trump Opponents Seek Removal Without A High Crime Or Misdemeanor

 

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Macron Makeover: Fifty-Seven Percent Now Dissatisfied With French Leader

Emmanuel_Macron_in_July_2017Blush-Rouge-_2013-08-29_12-13We previously discussed how the coverage of President Donald Trump’s low polling numbers often omits that Bill Clinton had similar numbers and more importantly media darling French President Emmanuel Macron has similarly low numbers and those numbers are dropping.  That does not change the fact that this White House is rapidly alienating allies both domestic and foreign. However, a new poll confirms that Macron shows the same dropping popularity over the same period of time with only 40 percent now in favor of the job that he is doing.  If you think, it is time for a Macron makeover . . .  think again.

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Making Terror “The Order Of The Day”: Charlottesville Leads To Call For Opposing Groups To Be Declared Terrorists

Heads_on_pikesBelow is my column in the Hill Newspaper on the call from both the right and the left for protesters to be declared domestic terrorists.  With rising anger over protests and counter protests, politicians are rushing to join calls for the government to not simply investigate these groups for hate speech but actually terrorism.

Here is the column:

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CNN Analyst Calls For All Washington and Jefferson Memorials To Be Taken Down

 

 

Screen-Shot-2017-08-17-at-3.11.20-PM-e1502997239325.pngI have been writing and speaking about the movement to remove statues that range from confederate leaders to Columbus to Supreme Court justices to Founders (here and here and here and here).  CNN political commentator and former Congressional Black Caucus director Angela Rye (right) is the latest to expand the call for the removal of monuments.  Rye stated on CNN that the country must tear down all memorials and likenesses of George Washington, and Thomas Jefferson.  I recently wrote about the call for the removal of monuments to George Washington.

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The Face of White Privilege? ACLU Under Fire After Bowing To Criticism Of Its Use Of An Image Of A White Child In Its Promotional Campaign

4387992700000578-4820904-image-a-116_1503602098005downloadThe American Civil Liberties Union is apologizing for featuring the picture of this child at part of is promotional campaign after outraged supporters said that the image rekindled fears of Charlottesville and represented “white privilege.”  Rather than stand by a beautiful picture of a child in an ACLU shirt with and American flag, the ACLU effectively confessed to being guilty of white privilege in allowing such an image on its site.  I have been lifetime supporter of the work of the ACLU but the organization has been losing its once tight grip on core principles.  Members have been demanding that the organization drop its color-blind approach to free speech and refuse to represent some unpopular groups. The ACLU conceded that it would decline to help groups like those in Charlottesville because they were seen with guns — despite the fact that those guns were entirely legal.

 

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NAACP Calls On NFL To Protect Kaepernick’s Constitutional Right To Protest

Naacplogo300px-National_Football_League_logo.svgThe NAACP’s interim president Derrick Johnson is requesting  a formal meeting with NFL commissioner Roger Goodell to the failure of any team to pick up Colin Kaepernick and how the NFL will honor his “constitutional rights” and those of other NFL players.  I have said previously that I strongly disagree with the decision of Kaepernick and others to refuse to stand during the national anthem.  However, I fully accept the first amendment right to carry out such protests.  However, the question is far more complex when moved into the realm of employment and demonstrations at work.  The question becomes less a constitutional matter than an employment matter.

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Fire Fighters Rescue Pigs From Fire . . . Farm Thanks Fire Fighters With Sausage Made From The Rescued Pigs

_97483266_sausagestwoA drift of rescued piglets (yes, that is what a group of pigs is called)  is at the center of a controversy between animal rights advocates and the Wiltshire fire department.   After fire fighters pulled 18 piglets and two sows from a fire, the farmer, Rachel Rivers, wanted to thank them so the farm butchered the pigs, made them into sausage, and served them to their rescuers.

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Maryland Removes Statue Of Roger B. Taney In Midnight Operation: Will Other Supreme Court Justice Monuments Follow?

Roger_B._Taney_statue,_Mount_Vernon_Place,_Baltimore,_MDWithout much notice or debate, Maryland officials ordered the removal of the statue of Chief Justice Roger B. Taney due to his authorship of the Dredd Scott decision.  At midnight, workers quietly dismantled the statue in response to the violence in Charlottesville.  Taney’s statue stood for 145 years on the Maryland State House and his removal follows calls for the removal of statues not simply of confederate figures but founders like George Washington and others associated with either slavery or segregation.  I have cautioned against the wholesale removal of historical images and monuments and names at universities.  The flaws and failures of historical figures are often as more important than their triumphs.  The Taney removal reflects a widening array of figures who are now subject  to call for removal — beyond confederate statuary.   It is not clear what Maryland will do with the US Coast Guard Cutter Taney which currently is part of the Baltimore Maritime Museum.  It is last surviving active ship from the Pearl Harbor attack of December 7, 1941.  I have spent nights on the Taney with the Cub Scouts. While this is not on state lands, it is not clear if there will also be a demand that the ship be removed given its namesake or how far this movement to remove historical references will do.

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ESPN Pulls Robert Lee From Virginia Game To Avoid Association With Confederate General

downloadRobert E. LeeIn a move that frankly reads like it came out of The Onion, ESPN pulled its sportscaster Robert Lee in coverage of University of Virginia football game — because his name is the same as the Confederate general.  The company believed that having a sportscaster named Lee for a Virginia game could be painful for some after the protests in Charlottesville.  It does not matter that the sportscaster is Asian or that such an association is facially absurd.

 

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Columbus Statues Protested In Detroit And Damaged In Baltimore

220px-Christopher_ColumbusProtesters are mounting a widening movement against statues to historical figures across the country. What began with protests of confederate statues after the Charlottesville protests has expanded to include Supreme Court justices, presidents, founders, and now explorer Christopher Columbus.  In Detroit, protesters gathered around the Columbus statue to demand removal as a symbol of “white supremacy.”  In Baltimore, the Columbus statue was vandalized.

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Res ipsa loquitur – The thing itself speaks