Below is my column in The Hill Newspaper on the chorus of commentators suggesting that the Comey memo is compelling evidence for either a charge of obstruction of justice or an actual impeachment. I have been cautioning against such sweeping assumptions. Obstruction is a crime and crimes have elements. The elements are not satisfied by this memorandum. Yesterday senators revealed that Rod Rosenstein suggested that he was already informed that Comey would be fired before he wrote his memorandum supporting termination. That would not materially alter the legal analysis. Rosenstein’s memo confirms that he believed that Comey should be fired. He had met with Comey and clearly left with reservations over his continued fitness for the position. The fact that Trump may have made what Rosenstein thought was the right decision for the wrong reason is marginally relevant. Comey’s immediate boss was not supporting his retention. Moreover, Trump’s conflicting statements do not improve the case for prosecution. It it true that Trump has contradicted his staff and seemingly himself. Yet, Trump has insisted that he felt Comey was doing a poor job and yesterday he reaffirmed his position that he never asked Comey to drop the Flynn investigation. However, even if he said such an incredibly inappropriate thing, it would not meet the standards of obstruction for the purposes of a criminal charge in my view. In other words, this is a question of law not fact and the law is not on the side of those calling for criminal counts or articles of impeachment.
Critics increasingly sound like my kids when we drive across country and start to chant “are we there yet?” before we are even a block from the house. Many view a criminal charge or impeachment as the only hope for America. However, neither the criminal code nor Article II were meant as post hoc political options for unpopular presidents. Indeed, both are designed to be insulated from public distempers and passions.
None of this means that this is not a valid basis for investigation. It is. Moreover, the White House staff appears encircled like a wagon train on the Plains with no ammunition and no nearby fort. The difference is that they seem encircled by their own president who continued to prevent any movement to better ground. What is fascinating is that Trump appears intent on creating the most self-incriminating appearance without evidence of an actual crime on his part.
Here is the column:
Continue reading “A Question of Law: Calls for the Indictment or Impeachment of Donald Trump Are Transparent and Premature” →
There is another controversy on an American campus after a professor objected to a plan that involved excluding whites from campus. Evergreen State College biology professor Bret Weinstein made a reasoned objection to the plan for this year’s “Day of Absence” on campus. In prior years, people of color would leave the campus to highlight their contribution to the school. This year, it was proposed that whites should leave campus and Weinstein objected to the obvious unfairness of such a race-based exclusion. The result, as shown in the videotape below, 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.
President Donald Trump is being widely quoted by European allies as making a rather disturbing statements about Germany to EU Commissioner Jean-Claude Juncker and European Council president Donald Tusk. 
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There has been a roaring debate over the decision of the New Orleans city council to tear down all Confederate era statues, which many have argued is wiping out history rather than dealing with it. The most controversial decision is the removal of the iconic statue of Robert E. Lee in the downtown. One casualty of that debate is 
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We have been writing about the enculturation of anti-free speech values in college students across the country. The most recent incident occurred at the California State University where
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