Category: Society

Gambino-Lite: Accusing Trump Of A Half-Truth Does Not Constitute A Whole Crime

donald_trump_president-elect_portrait_croppedBelow is my column in The Hill Newspaper on the most recent allegation of criminal conduct by President Donald Trump or his family.  Added to the ever-lengthening list of clear crimes is now witness tampering despite the fact that it does not come close to any prior definition of that crime.  Both Professor Lawrence Tribe and CNN Legal Analyst Norm Eisen (Eisen previously said that Trump’s conversations with James Comey could constitute witness tampering) have claimed that Trump’s dictating or contributing to the statement of his son, Donald Jr., on the Russian meeting establishes the basis for such a charge.  I obviously disagree.

Here is the column.

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The Eye of the Beholder: Two Photos Trigger Racial and Religious Controversies

617download-3Two stories this week show how the views of people can shape and deceive them in the perception of photos.  In Minnesota, Black Lives Matter advocates caused an uproar with a picture of what they claimed was the possible lynching of a black man in a St. Paul park.  In Norway, anti-immigrant bloggers circulated a photo of what they claimed to be a city bus filled with women in full burkas.  The lynching turned out to be the suicide of a middle aged white man and the Muslim women turned out to be empty cars.

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Texas Couple Trashes Wedding Photographer For $125 Fee . . . Texas Jury Orders Them To Pay $1 Million For Defamation

Edmund_Blair_Leighton_-_signing_the_registerThere is an interesting torts case out of Dallas where a couple was sued by a photographer after they trashed the photographer in the media for withholding their wedding album over $125 that the studio insisted had to be paid.  The story was immediately gobbled up by the media and the studio lost business and eventually closed.  Now, instead of $125, Andrew and Neely Moldovan will have to pay one million dollars in defamation damages.

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DEA Head Repudiates Trump’s Comments Encouraging The Abuse Of Suspects

Chuck_RosenbergIn a remarkable departure from his own Chief Executive, the acting head of the Drug Enforcement Agency Chuck Rosenberg has repudiated the remarks of President Donald Trump that encouraged law enforcement officers to abuse criminal suspects.  We previously discussed those irresponsible remarks.  While the White House dismissed questions from reporters by saying that the President was just joking, it did not explain why the President would think it was funny to harm suspects or what message such a joke sends to law enforcement after assuring them that “we have your back.”  Rosenberg told DEA officers that the President was condoning police misconduct and that he would not.

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Trump Claims Chief Boy Scout Declared His Speech To Be “The Greatest Speech Ever Made”

280px-Boy_Scouts_of_America_corporate_trademark.svgdonald_trump_president-elect_portrait_croppedPresident Donald Trump has been widely criticized for his breaking an 80-year-old tradition in making political comments at the Boy Scouts National Jamboree in West Virginia.  When asked about the controversy, however, Trump refused to apologize and instead said that there were no “mixed” views at the event.  Rather, he said that the head of the Boy Scouts called him and told him it was “the greatest speech that was ever made to them.”  That comment left many scratching their heads since the Boy Scouts apologized to parents for the Presidents speech and said yesterday that they are unaware of any such telephone call.

 

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Oregon Case Renews Debate Over Sanctuary Laws

Sergio_Jose_Martinez_31_1501021110440_10127549_ver1.0The case of Sergio Jose Martinez, 31, in Portland, Oregon is likely to magnify the current debate over sanctuary cities.  Martinez broke into the home of a 65-year-old woman and sexual assaulted her. He then stole her car and proceeded to assault another woman.  He was finally arrested after a chase by police. It was discovered that Martinez was previously arrested and, despite a long criminal history and an immigration detainer, was released by authorities.  He has been deported 20 previous times and has at least five probation violations.

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The Health Care Debate We Should Be Having-Part One

By Mike Appleton, Weekend Contributor

“We’re going to have insurance for everybody. There was a philosophy in some circles that if you can’t pay for it, you don’t get it. That’s not going to happen with us. . . . It will be in a much simplified form. Much less expensive and much better.”

-President-elect Donald Trump, Washington Post (January 15, 2017)

Even if one supports the Affordable Care Act, there was nothing satisfying about watching the legislative circus over repeal and replacement unfold in the Senate over the past few weeks. To an outsider the entire process appeared disjointed and at times almost incoherent. It became increasingly impossible to fathom what Senate Republicans were trying to accomplish. So when the final effort, an eight-page bill apparently drafted over lunch, was rejected in a 51-49 vote, the most appropriate emotional response was neither elation nor disappointment, merely exhaustion.

Efforts to lay blame for the debacle have already begun, of course. Reince Preibus has been summarily booted from the White House and the three Republicans who defied Mitch McConnell by voting against the so-called “skinny” repeal bill have been castigated by the right. But it would be wrong to think that there isn’t a way forward. That first requires that we dispel several misconceptions. Continue reading “The Health Care Debate We Should Be Having-Part One”

Chicago On Pace For Record Year Of Homicides With 400 Murders

Chicago_Police_StarI am in Chicago, my hometown, to celebrate my mother’s 90th birthday.  I always love coming home to his city, but which is beautiful in the summer.  I took the kids swimming in Lake Michigan with huge waves and a perfect day. However, the city is reeling from an ever-rising murder rate.  Just four years ago, the city passed 400 homicides around Thanksgiving.  We just passed that mark in July in what could be a record bloody year in the Windy City.

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Boy Scouts Apologize To Parents For Trump’s Jamboree Speech But White House Declines To Apologize


Many were surprised — and a bit saddened — to hear President Donald Trump give a highly partisan speech at the National Scout Jamboree.  For roughly 80 years, Presidents have avoided political speeches at the event. That tradition was shattered in a big way by Trump on Monday before 40,000 scouts.  Now the Boy Scouts of America has issued a formal apology to all of the parents about the content of Trump’s speech — a stinging rebuke for the President.  The White House responded by refusing to apologize from the departure of 80 years of precedent.

 

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Judge Richard Posner Declares Support For Supreme Court Expansion Proposal

I have previously discussed the legendary career of Judge Richard Posner of the United States Court of Appeals for the Seventh Circuit.  Widely viewed as the father of Law and Economics, Posner remains one of greatest influences on American jurisprudence in the history of this country.  I have long been a great admirer of his work and teach his theories as part of my torts course.  It is for that reason that I was delighted when my co-counsel sent me the interview below where Judge Posner expressed support for the proposal that I have advanced for many years to reform the Supreme Court.  Posner agrees with the proposal to expand the Supreme Court to nineteen members.

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Heinz Accused Of Selling “Natural” Food For Children With Sugar Levels Qualifying As Confectionary Item

There is an interesting case out of Australia that will confirm the concerns of many parents over food for young children.  The Australian Competition and Consumer Commission (ACCC) brought a legal action against Heinz in June after reviewing a complaint by the Obesity Policy Coalition about the sugar content of the food.  The Commission determined that the level of added sugar would qualify the food — which is sold as a “natural” and healthy choice — as a confectionary item like junk food.  The focus is a product line called  “Little Kids Shredz.”

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San Diego Professor Criticizes Those Wishing “War Criminal” John McCain Sympathy Over His Cancer

downloadAnother controversy over free speech was triggered this week on social media by an academic expressing hateful views.  Various people have called for San Diego State University Political Science Professor Jonathan Graubart to be fired after denouncing those wishing Sen. John McCain best wishes for his recovery.  Graubart called McCain a “war criminal” and said that he was “annoyed” by all of the expressions of sympathy for his dire cancer prognosis.  Others at the school supported and shared his views.

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Trump: I Would Not Have Appointed Sessions If I Knew He Would Recuse Himself From Russian Investigation

donald_trump_president-elect_portrait_croppedjeff_sessions_official_portraitPresident Donald Trump gave a bombshell interview with the New York Times on Wednesday in which he said that he would not have appointed Jeff Sessions to be attorney general had he known Sessions would recuse himself from the Russian investigation.  It was a highly disturbing interview since Sessions recused on the advice of ethics experts at the Justice Department and the overwhelming view of the bar.

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North Korea: Come For The Surfing, Stay For The Beatings

The_statues_of_Kim_Il_Sung_and_Kim_Jong_Il_on_Mansu_Hill_in_Pyongyang_(april_2012)North Korea’s tourism agency is launching a campaign to attract tourists with promises of surfing (and curiously rice planting) despite its murder of Otto Warmbier, 22, who was enticed to North Korea as a tourist and then arrested when he stole a hotel propaganda poster.  He was tortured and return to his family years later in a coma (only to die shortly after his return).

 

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Ending “White Heteromasculinism”: Professors Call For Less Reliance On White, Male, Heterosexual, and “Cisgendered” Academics

cgpc20.v024.i04.coverA new study has called for a concerted effort to cite academics of color and greater diversity to make from the hold of “white heteromasculism” on research.  Geographers Carrie Mott (professor at Rutgers University) and Daniel Cockayne (professor at University of Waterloo in Ontario) has identified the reliance on research by white males as a “system of oppression” benefitting “white, male, able-bodied, economically privileged, heterosexual, and cisgendered.” Cisgendered refers people whose gender identity matches their birth sex.

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