This is the type of thing that I find thrilling. An effort to preserve a hut at Cape Adare in Antarctica led to the discovery of this beautiful 118-year-old painting by Dr. Edward Wilson. The British polar explorer died in Antarctica on an expedition led by Capt. Robert Falcon Scott. This incredible picture sat in a pile of papers unnoticed for over a century.
It is the presidential version of death by cop. Recently, I wrote a column on how Trump had become a witness against himself by, again, tweeting highly damaging observations about pending litigation and even contradicting the statements of his own legal team in the immigration order litigation. As predicted, the United States Court of Appeals for the Ninth Circuit not only ruled against his Administration but relied on his damaging recent tweet to seal the deal. The lack of message discipline extended to Trump friends this week after his friend, Newsmax CEO Chris Ruddy, said Trump was considering firing Mueller: “I think he’s considering perhaps terminating the special counsel. I think he’s weighing that option. I think it’s pretty clear by what one of his lawyers said on television recently.” The statement sent a chill throughout Congress. Such a move would not only push Congress to pass a renewal of the Independent Counsel Act but magnify allegations of obstruction.
Below is my column in The Hill Newspaper on the legal analysis surrounding the disclosure by former FBI Director James Comey that he leaked damaging information against President Donald Trump in memos to the press. I have been surprised by the analysis which has been both artificially narrow or outright erroneous on the underlying legal issues. There was an early effort, for example, to judge the lawfulness of Comey’s actions solely on the basis of whether it was a crime. If these memos were government property, a claim for criminal conduct could be made but it would be unlikely under existing precedent. However, that does not mean that Comey’s conduct was either lawful or professional. Neither is true. In the rush to lionize Comey, the media is ignoring the fact that others have been punished for releasing non-public information to the media. Moreover, Comey and the FBI was tasked with finding leakers in the Administration. Yet, after being fired and publicly insulted by Trump, Comey became himself a leaker (despite a readily available and lawful avenue for disclosing the memos in a matter of weeks). I have stated from the outset that criminal charges are unlikely (and in my view unwarranted) as the facts currently stand with regard to this one leak. However, the leak was in my view unlawful and unprofessional. Comey allowed himself to be baited by Trump and proceeded to discard his professional judgment to strike back through a third party. His conduct should not be judged solely on the basis of whether it might land him in jail. Moreover, if the FBI wanted to pursue the violation, it could drag Comey to court and seek various remedies outlined in the agreement that all FBI agents sign as a condition of their employment.
The column below explores some of the misleading conclusions being advanced in the coverage. As I state in the column, I agree that legal commentators can have good-faith differences on such questions. However, it is useful to lay out both the conclusions and the countervailing arguments. These issues will become far more acute for Comey (including the possibility of criminal violations) if, as suggested by the White House, there were more leaks stretching back months.
Continue reading “The Comey Defense: Redefining Both The Law and The Leak To Oppose Donald Trump”
On occasion, I see a new website that I find intriguing on Reddit and this one caught my eye for a couple of reasons. First, it is a high school student who has started a site to allow people to help other people to deal with issues that are bothering them. Second, the creator is my oldest son, Benjamin. Putting aside the obvious pride and bias, I thought that the premise of the site is intriguing. MellowTalk allows people to communicate in strict anonymity and the participants select either “talker” or “listener” on the site. It offers people a sounding board for discussing problems or issues in an anonymous and safe environment. (Indeed, I know of a couple high ranking officials who could benefit for some anonymous and non-public venting).
We have previously discussed how woman magically disappear in Saudi Arabia, including ads for companies like IKEA. (We have seen the same vanishing in Orthodox Jewish publication). Now Saudi Arabia is accused of replacing a picture of a mother with a beach ball in this advertisement to protect Muslim sensibilities. At least these kids can say “Mom was a real ball on vacation.”
FBI director James Comey is the ice man cometh. Comey’s testimony is the most anticipated in this city since the Anita Hill testimony against Associate Justice Clarence Thomas. In a city where politics is our professional sport of choice, this is the Superbowl and World Series rolled into one. Bars are opening early to allow people to watch in the right atmosphere. The only thing missing is a Vegas betting line and bunting. No doubt children got up this morning screaming “it’s Comey day, it’s Comey day!”
The day however is not necessarily purely festive for Comey who is likely to face some tough questions on his own conduct. He is a seasoned operator in Washington so I expect him to do well, but the stakes are high.
Continue reading “Former FBI Director To Testify Before Congress”
British Prime Minister Theresa May has declared that she is prepared to dispense with human rights laws if they hinder her efforts to fight terrorism. The statement is a chilling example of how politicians are willing to take a hatchet to civil liberties and privacy in response to attacks. The more chilling fact is that many citizens will willingly part with their freedoms based on such promises of greater security. May has already pledged to curtail free speech on the Internet to fight extremists.
One can certainly understand if the media is a tad confused. This week, Presidential Counselor Kellyanne Conway chided media for taking President Donald Trump’s tweets so seriously and denied that tweets are one of his preferred methods of communication. Shortly thereafter White House press secretary Sean Spicer reminded media that Trump’s tweets are “official statements” and thus serious articulations of policy.
The latest data from the California Department of Education indicates that three out of four African-American failed to meet reading and writing standards. We have previously discussed how our schools continue to fail to educate minority students despite large budgetary allotments. The problem is clearly money. I have long advocated more funding but schools must also be held accountable for this appalling performance. These kids are entering society with a huge disadvantage in seeking employment and advancement.
Reality Leigh Winner, of Augusta, Georgia has the unfortunate distinction of being the first leaker caught by the Trump Administration. With members like Jason Chaffetz saying “I want to see people in handcuffs,” the 25-year-old federal contract worker could be facing some serious jail time. In addition, she seems to fulfill the image advanced President Trump as a liberal, anti-Trump advocate within the system. What will be interesting is the sentence sought by the Administration after high-ranking officials have been given no criminal charges or misdemeanors for removing classified information and other related charges.
Continue reading “NSA Contractor Had History Of Anti-Trump Comments”
Albany Law Professor Stephen Clark has taken on case with truly heroic dimensions. Clark has challenged the decision of Alamo Drafthouse to hold showings of the movie Wonder Woman in a female-only event. Clark, 48, has said that as a gay man he is sympathetic with efforts to help disadvantaged groups, but he viewed the event as per se unlawful.
Continue reading “Albany Law Professor Challenges Women-Only Screenings of Wonder Woman”
This weekend I discussed how President Donald Trump’s own words had been the primary problem for lawyers seeking to advance his agenda. Trump’s comment and tweets have routinely undermined defenses and alienated allies. The column was prompted by Trump’s London tweets. While discussed for their triggering outrage across the political spectrum in Great Britain, one of the most controversial tweets also contained references to the immigration order as a “travel ban.” It was a remarkably ill-considered tweet. However, on Monday morning, President Trump doubled down and actually attacked his own lawyers at the Justice Department and directly contradicted their position in court. As I mentioned earlier, government counsel must feel like they have a daily Perry Mason moment with their client jumping up in court screaming incriminating things. The only logical conclusion that can be reached is that Trump really does not care if he wins the case. The problem is that there is a large and talented team at the Justice Department that is still laboring under the assumption that the President does want to prevail before the Supreme Court.
We have previously discussed how politicians often attack free speech and other rights to show that they are “tough” on terror after attacks. Prime Minister Theresa May however may have set a record. May did not hesitate in immediately blaming the Internet and calling for government regulation of free speech to combat attacks like the one in London. Of course, if these terrorists were connected to ISIS (or inspired by ISIS), their extremism was not caused by free speech on the Internet. Indeed, the Internet often allows security to track extremists on the web.
Continue reading “May Calls For Free Speech Controls on the Internet In Response To London Attacks”
We previously discussed the proposal at Evergreen State College to have all white faculty, staff, and students leave campus for a day as part of a “Day of Absence” to raise awareness of the contribution of the black community. Evergreen State College biology professor Bret Weinstein made a reasoned objection to the plan for this year’s “Day of Absence.” As shown in a videotape, there was a mob scene around Weinstein as students called him a racist and called for his resignation. Protests have denounced his “anti-blackness” and demanded his removal from teaching. Now, the faculty at Evergreen State College has sent a letter to students supporting the protesters and their demands for disciplinary action of Prof. Weinstein.
We 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. The most recent outrage was the arrest of three Muslims for holding Ramadan prayers in the street. Recently, their local school was closed by a nationalist mob.
Continue reading “Muslims Arrested For Praying In Myanmar After Closing Of Muslim Schools”