Category: Society

Bannon Refuses To Answer Questions Before Congress — Faces Subpoenas and Potential Contempt Sanctions [UPDATED]

Screen_Shot_2016-08-18_at_9.57.02_AMSteve Bannon is now under subpoena by both House investigators and the Special Counsel after he refused to answer questions before Congress. Following a problematic pattern of current and former Administration figures, Bannon reportedly did not invoke executive privilege (which must be asserted by the White House) but refused to answer questions about his work on the transition team and White House.  There is no basis for such a broad assertion of executive privilege and, unless Bannon changes course, he could be looking at contempt sanctions down the road.  Despite his refusal to cooperate with the committee, he has reached a deal to speak with the Special Counsel investigators outside of a grand jury.

Update: The White House is now asserting that there were prior discussions with the Committee and the Committee violated the agreement on scope.  Notably however the agreement was to discuss only matters from the campaign and not the transition or White House periods. That would be an astonishingly limited scope for the Committee staff to agree to given the material events after the campaign, including the time periods covered by statements made by Bannon in the Wolff book.

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The Clinton Cash: The Russian Uranium Indictment And The Lingering Questions Over Influence Peddling [UPDATED]

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Clinton_Foundation_logoBelow is my column in the Hill Newspaper on the recent major indictment handed down in the Uranium One scandal.  As I have stated in the media, the indictment does not alter my skepticism over the likelihood of any criminal charges against Clinton. However, it does reaffirm lingering questions over the many millions of dollars pocketed by the Clintons personally or given to their Foundation  I think that there is little question about this money being given with the hopes of influencing the Clintons, and particularly Hillary Clinton.  The only question is whether it succeeded. For that, we would need an independent and full investigation.

UPDATED: This column was updated to more clearly distinguish the two contracts involved in the Russian transport of uranium (in the Lambert indictment) and the purchase of U.S. uranium holdings (in the Uranium One purchase). The indictment concerns a contract to transport uranium with a subsidiary of Rosatom.  This is the same agency at the heart of the Rosatom/Uranium One scandal but the contract occurred years before the purchase of Uranium One. 

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Muggles Move To Lift Criminal Sanctions Against Witches and Wizards In Canada

John_William_Waterhouse_-_The_Crystal_Balldownload-1It appears that muggles in Canada are finally lifting the criminal sanction against all of the witches and wizards who have been hiding in Canadian counterparts to the Leaky Cauldron and Diagon Alley.  Our neighbors are moving to rescind Section 365 of Canada’s criminal code, which made it  crime to pretend to practice witchcraft, sorcery and fortune telling.  Soon the streets of Canadian cities will be full of muggles and magicfolk alike.

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Seattle Sugary Drink Tax Take Effect: $10.34 Tax On $15.99 Purchase

download-8.jpgI have previously discussed my opposition to sugary drink bans or prohibitive taxation schemes in Chicago and New York.  While Cook County reluctantly yielded to public opinion and court decisions recently, Seattle has gone forward with a ridiculous tax of 1.75 cents per ounce on sugary drinks. This paternalistic law is designed to make such drinks economically undrinkable or at least unpalatable for citizens who do not share the views of the majority on beverages and health.  The result is that a large box of 35 bottles of Gatorade at Costco with a list price of $15.99 is now taxed at $10.34.  So almost $10.50 of the $26.50 price is taxes.

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Harvard Sororities Defy Ban On Single-Gender Groups

220px-Harvard_Wreath_Logo_1.svgWe have previously discussed the crackdown at Harvard on single gender clubs and associations (even groups off campus). Last year, Harvard established penalties for students who refuse to yield to the rule against belonging to single-gender organizations, including barring students from serving on campus leadership positions.  This includes Greek organizations.  Now, women are objecting that they are being penalized and denied their “right to choose.”  Notably, however, the protesting sororities did not question the barring of males but rather having such rules apply to women.

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TSA Questions Texas Tech Fan For Using “Finger-Gun” Salute With Another Fan At Airport

240px-tsa_-_logoTexas Tech fans are known for their finger-gun salutes and “Wreck’em slogan.”  It appears however that the TSA training does not include such common displays.  When Diana Durkin recently returned to the University, she spotted another fan in line at the airport security for William P. Hobby airport in Houston and gave him the Texas Tech salute.  She was immediately pulled out of the line by alarmed TSA personnel but after being delayed and questioned, she was allowed (this time) to leave with only a warning.

 

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Suspended Lawyer Ordered By State Bar To Pay $50,000 . . . Lawyer Attempts to Rob Bank For $50,000

download-5According to police, Richard Evan Kriger, 60, is still struggling with elements of legal ethics training.  Kriger alleged attempted a bank holdup for $50,000.  That is the amount that he owes on an ethics violation involving a trust account for his son.  Before the robbery, he made an appointment to take out a $26,000 loan in unmarked bills for his nephew.

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Of Lies And Libels: Trump’s Problem Is Not With The Lack Of “American Values” But The Lack Of A Libel Case

donald_trump_president-elect_portrait_croppeddownload-1Below is my column in USA Today on the renewed calls of President Donald Trump to change our libel laws to make it easier for public officials and figures to sue over publications like the recent book by Michael Wolff.  While the controversy was quickly pushed from coverage by the President’s alarming statements on immigration policy, it is clear that he remains heavily invested in this ill-considered idea.

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Doctor Who Branded His Initials On Livers Of Patients Is Given No Jail Time By English Court

We have been discussing the outrageous acts of Simon Bramhall, 53, who branded with his initials on the livers of patients.  In a clearly insufficient sentence, Bramhall has received no jail time and simply a 12-month community order and fined £10,000. He was allowed to plead guilty in the Birmingham Crown Court to two counts of assault by beating.

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Washington Area Rocked By Chilling Crimes Of Teenagers

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The Washington area has been shocked by two crimes in the area by teenagers who showed an utter lack of humanity or emotion against helpless victims.  In Fairfax, Venus Romero Iraheta, 17, murdered a 15-year-old girl but stopped just long enough to tell her to remember her name for when they meet in hell.  She was convicted this week in the murder.  In Baltimore, six teens savagely attacked an elderly man, stole his car, and then ran over the man.  In all of these cases, the mugshots show seemingly youthful innocent faces of young people who appear devoid of the most elemental feelings of empathy for other human beings.

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Democrats Search For Russians — Any Russians — For Collusion

download-1Below is my column in the Hill Newspaper on the controversy surrounding demand letters sent out by the Senate Select Committee on Intelligence — and the scope of the discovery sought by its lead Democratic counsel.  The scope of discovery is always a difficult issue in litigation and lawyers resist efforts to limit the scope of evidence.  However, reasonable limits are usually worked out between counsel but, in this case, the Senate counsel appears to have doubled down on a definition that is facially too broad. More importantly, it raises serious constitutional concerns.  The definition reads too much like a street cry to “bring out your Russians.”

Here is the column:

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Russian Historian Arrested And Sent For Psychiatric Test by Putin Officials After Detailing Stalin Atrocities

225px-Vladimir_Putin_official_portraitCroppedStalin1943The erosion of free speech in Russia under Vladimir Putin has been an unfolding tragedy for Russia.  As is often the case, the loss of freedom of speech often goes hand-in-hand with the loss of academic freedom.  However, the arrest of a Russian historian, Yuri Dmitriev, 61, is particularly chilling and raises legitimate comparisons with the Stalinist period. That is fitting given the fact that Dmitriev is being forced into psychiatric testing after writing about the discovery of thousands of bodies from the 1930s — victims of Joe Stalin.  Putin has ordered a revisionist history on Stalin to glorify his reign and downplay the millions killed by the bloodsoaked dictator.

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Protesters Demand That University of Denver Drop The “Pioneers” As A Symbol Of “Genocide and Oppression”

denver_boone_205x205Native American students at the University of Denver are demanding that the school drop the “Pioneers” — denouncing the nickname as a symbol of  “genocide and oppression.” We previously discussed the controversial decisions to drop the “Fighting Sioux” and “Chief Illini” and the Aztecs.  I have been critical of some of these moves and I would include the Pioneers among those ill-considered changes.  The school has already yielded to demands to drop the informal mascot of Danial Boone by implementing a ban on masks on campus.

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Welcome To China Town: Manafort Challenge The Scope of the Special Counsel investigation

Chinatownposter1Below is my column in the Hill newspaper on the filing by Paul Manafort challenging the scope of the Special Counsel investigation.  Manafort’s filing of a civil action is quite telling in this circumstance.  As a criminal defendant, he can challenge the basis for the charges.  This seems like an effort to make a public case with little likelihood of legal success.  However, the public tends not to be particularly sympathetic with accused felons complaining that they were arrested by the wrong cop.  It is true that Manafort would likely not have been charged absent the Special Counsel investigation.  However, that is like complaining about the weather in Washington.

Here is the column:

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Judge Dismisses Bundy Case With Prejudice After Finding of Extensive Unethical Conduct By Federal Prosecutors

600px-US-DeptOfJustice-Seal.svg DOJAnother major case has been thrown out due to prosecutorial abuse by the United States Department of Justice.  We have previously discussed cases where federal prosecutors have withheld evidence and filed false or misleading statements to the court.  Now,  U.S. District Court Judge Gloria Navarro has issued a dismissal with prejudice against the Justice Department in the case against Cliven Bundy and his sons due to what Navarro describes as flagrant and knowing violations of professional ethics and federal law by the Justice Department.  In past cases, the Justice Department has shown little commitment to discipline, let alone terminate, anyone for the violations (or the waste of millions of dollars).  In this case, however, Attorney General Jeff Sessions has called for a review of the case.

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Res ipsa loquitur – The thing itself speaks