How Merrick Garland Missed Four Chances to Earn the Public Trust on Mar-a-Lago

Below is my column in the Hill on the upcoming filing of the Justice Department on proposed redactions to the affidavit that led to the Mar-a-Lago raid. It will be the fifth chance for Attorney General Merrick Garland to take a modest step to assure concerned citizens over the basis or motivation for the raid.

Here is the column: Continue reading “How Merrick Garland Missed Four Chances to Earn the Public Trust on Mar-a-Lago”

The Return of Peter Strzok: How a Fired FBI Official Is Making the Case Against Himself

Peter Strzok is back in the news this week. Career colleagues at the Justice Department previously referred Strzok for possible criminal charges and he was fired for his bias and unprofessional conduct. However, Strzok was immediately embraced by many in the media and establishment for his anti-Trump sentiments. After he was fired, the former special agent was given a lucrative book deal, lionized on the left, featured prominently as an expert by CNN, and given a teaching job at Georgetown. It was an extraordinary recovery from a scandal where he showed flagrant bias, engaged in an affair with another married colleague at the FBI, and fought to continue to investigate Russian collusion claims despite early warnings over the questionable basis of the allegations pushed by the Clinton campaign. (Strzok’s colleague and former paramour, Lisa Page, was given a contract as a legal analyst with NBC and MSNBC). Now, Strzok appears liberated in showing precisely the bias and unhinged hostility alleged by his critics. He has been in the news lashing out at Trump and trolling his objections to the raid on Mar-a-Lago.

Continue reading “The Return of Peter Strzok: How a Fired FBI Official Is Making the Case Against Himself”

Leeds University Researcher Sentenced to 34 Years in Jail for Social Media Postings

Continue reading “Leeds University Researcher Sentenced to 34 Years in Jail for Social Media Postings”

Res Ipsa Hits 61,000,000

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Yesterday, Res Ipsa passed the 61,000,000 mark in views on the blog. We have used these moments to give thanks for our many regular readers around the world and share our traffic data to give you an idea of the current profile of readers around the world.

As always, I want to offer special thanks for Darren Smith, who has continued to help manage the blog and help out folks who encounter posting problems.  I also want to thank Kristin Oren who continues her amazing work proofing posts on a daily basis to remove my embarrassing typos.  Finally, I would like to thank our regular readers who alert me to typos or any violations of the civility or copyright policies on the blog. Continue reading “Res Ipsa Hits 61,000,000”

Inspector General: The U.S. Government Left More Than $7 Billion in Military Equipment to the Taliban

Defense Department Inspector General has released its long-awaited report on what the Biden Administration left behind in Afghanistan. It is an unbelievable list of equipment left to one of the most violent groups in the world with a history of supporting terrorist organizations. I opposed the long war in Afghanistan, so I was not among those critical of Trump or Biden in pushing to leave the conflict. However, no one has ever explained why the Biden Administration left this equipment in Afghanistan as opposed to removing it or destroying it. Continue reading “Inspector General: The U.S. Government Left More Than $7 Billion in Military Equipment to the Taliban”

Tribe: The Criminal Case Against Trump is Another “Slam Dunk”

In past columns, we have discussed the litany of “slam dunk” crimes that Harvard Law professor Laurence Tribe has declared as established against former President Donald Trump, none of which have been actually charged. Indeed, Tribe appears intent upon running through the entire criminal code. Just for the purposes of keeping score, Tribe declared evidence supporting criminal charges of witness tamperingobstruction of justice, criminal election violations, Logan Act violations, extortion, espionage, attempted murder, and treason by Trump or his family.  This week, Tribe insisted on MSNBC that Trump yet again is facing a “slam dunk” criminal conviction over the raid on Mar-a-Lago. While some of us have suggested that we wait to see the actual evidence before evaluating the risk in the case, Tribe again is confident that the still uncharged case has already been made.

Continue reading “Tribe: The Criminal Case Against Trump is Another “Slam Dunk””

Congress Adds 87,000 new IRS Agents to Pursue $204 Billion in Tax Fraud While 500 IG Agents Struggle to Investigate $160 Billion in Covid Fraud?

The addition of 87,000 new IRS agents has been celebrated by many as a way to capture billions in revenue to pay for the new bill on climate change and other programs. The claim is that increasing audits of people making over $400,000 will capture additional billions in revenue. That math has been challenged as wildly overestimated unless these new agents turn (as expected) to middle income taxpayers. The respected Congressional Budget Office (CBO) has also directly contradicted claims made by President Biden and the sponsors on increasing the tax burden for middle income families. What is interesting, however, are reports that the government believes that as much as $160 billion in Covid relief fraud exists and the government does not have the personnel or ability to recover most of those funds (or to prosecute most of the culprits).  A fraction of those 87,000 new IRS agents would transform this effort, but documenting and prosecuting Covid relief fraud does not seem as much of a priority in Washington. Continue reading “Congress Adds 87,000 new IRS Agents to Pursue $204 Billion in Tax Fraud While 500 IG Agents Struggle to Investigate $160 Billion in Covid Fraud?”

Joan of Arc Becomes Latest Flashpoint in TERF Fight

We have been discussing the ongoing controversies — and prosecutions — over what are called Trans Exclusionary Radical Feminists (TERFs). The term is used for feminists who have voiced opposition to transgender policies and laws that they believe “erase” or “marginalize” biological women. The most famous such figure is author J.K. Rowling who has not only been the subject of a global cancel campaign but was recently listed by Buzzfeed with figures like cult leader Jim Jones, Benedict Arnold and O.J. Simpson as “villains.” Now, Joan of Arc is a flashpoint in the debate after Kit Heyam, lecturer at Queen Mary University of London, called for the use of “they/them” pronouns and declared that Joan of Arc and Queen Elizabeth should not be viewed as females but “gender nonconformists.”  That has led feminists and others to object that Heyam and others are actually advancing gender stereotypes of women. Continue reading “Joan of Arc Becomes Latest Flashpoint in TERF Fight”

A “Disavowal of White Supremacy”: University of Virginia Newspaper Calls to Drop References to Thomas Jefferson

The Washington Post previously published a column of a George Washington student calling for George Washington University to be renamed. Now, in an August 11 editorial in The Cavalier Daily, the editors of the University of Virginia’s student paper are calling for all references to school founder Thomas Jefferson to stripped from the school. I have previously written about Jefferson’s history with slavery, including the call to remove the Jefferson memorial. Rather than remove memorials or references to Jefferson, this should remain part of a full and complete discussion of his history. Jefferson is indelibly part of the history of the university. Rather than cleanse the university of all references, his great contributions to the country can be placed in an accurate and frank context with his history of slavery. Continue reading “A “Disavowal of White Supremacy”: University of Virginia Newspaper Calls to Drop References to Thomas Jefferson”

The Incredible Shrinking Merrick Garland

 

 

 

Below is my column in USA Today on the diminishing role of Attorney General Merrick Garland at the Justice Department after a series of controversies. As a well-known moderate, many of us had hoped that Garland could be a unifying presence at the Department; assuring a divided nation that justice would be pursued in an even-handed and apolitical fashion. Yet, in controversy after controversy, Garland has failed to take modest steps to make such assurances. After well documented cases of bias and false statements by FBI and DOJ officials in past investigations, there was a clear need for greater transparency and independence in investigations. Garland has consistently swatted away such options. This week, Garland stayed on that path and refused to release any part of the affidavit used as the basis for the search of Mar-a-Lago. This included the possible issuance of a redacted copy or even responses to specific concerns over the timing or basis for the search. While Trump has called for the release of the affidavit, Garland will not even release those sections dealing with the account of the prior discussions and agreements with the Team Trump. There is little proactive effort to anticipate or address such concerns as vividly shown in the last week.

Here is the column: Continue reading “The Incredible Shrinking Merrick Garland”

Why the Case Against Donald Trump Remains Incomplete

Below is my column in the Hill on the lingering questions concerning any prosecution of former President Donald Trump for the retention of classified or sensitive material. As previously discussed, the three referenced criminal provisions do not require classified status of documents to be the basis for prosecution. However, if the documents were declassified, it would make any prosecution very difficult, if not untenable, though the obstruction count could be based on affirmative false representations made to the government. The point is only that we still do not have sufficient information to judge the basis for the raid or the prospects for prosecution despite the often breathless coverage.  The affidavit remains key to ending this speculation and quelling conspiracy theories. That is why Attorney General Merrick Garland should call for its unsealing.

Nevertheless, figures like John Dean are saying that defenders of the former president will “have egg on their faces” when this case is done and presumably Trump is prosecuted. Perhaps, but what is clear is that there is no such risk in others claiming an array of proven crimes for six years that were never charged. Figures who pushed the debunked Russian collusion, incitement, or bizarre attempted murder claims are now claiming with the same certainty that conviction is finally at hand. Once again, before the eggs fly, the release of actual evidence would be useful.

Here is the column: Continue reading “Why the Case Against Donald Trump Remains Incomplete”

Oberlin Faces New Controversy over Islamic Scholar’s Support of the Rushdie Fatwa

It appears that Oberlin has another major controversy on its hand. For the last couple years, Oberlin has been embroiled in a fight with a small family-owned grocery that it defamed over a shoplifting case involving black students. Oberlin lost $25 million in a record verdict but Oberlin President Carmen Twillie Ambar continued to refuse to apologize. In the meantime, the school seems intent on running the 137-year-old grocery into insolvency as it delays paying on the judgment. Now the school is under fire over a faculty member, Mohammad Jafar Mahallati, who supported the fatwa against Salman Rushdie. The author of Satanic Verses is recovering from a savage knife attack. Hadi Matar, 24, is accused of carrying out the stabbing attack and has expressed support for Iran in the past. The campaign to have Mahallati fired could present some difficult free speech and academic freedom questions.

Continue reading “Oberlin Faces New Controversy over Islamic Scholar’s Support of the Rushdie Fatwa”

Justice Department Accused of Taking Attorney-Client Material at Mar-a-Lago

Fox News is reporting that the FBI seized boxes containing attorney-client privileged and potentially executive privileged material during its raid Mar-a-Lago. When the raid occurred, I noted that the legal team had likely marked material as privileged at the residence and that the collection could create an immediate conflict over such material. Now, sources are telling Fox that the Justice Department not only took attorney-client material but has refused Trump requests for a special master to review the records.

Continue reading “Justice Department Accused of Taking Attorney-Client Material at Mar-a-Lago”

“Some are More Equal Than Others”: University of Oregon Sued After Blocking Professor Who Posted “All Men are Created Equal”

There is an interesting lawsuit filed against the University of Oregon after Portland State University Professor Bruce Gilley was blocked from a social media account. Gilley claims that he was blocked  after he tweeted “all men are created equal.” The lawsuit names Tova Stabin, communication manager for the university’s Division of Equity and Inclusion, as the sole defendant. Gilley may believe that “all men are equal” but the censoring of his post suggests that, as in Orwell’s Animal Farm, “some are more equal than others” at the University of Oregon.

Continue reading ““Some are More Equal Than Others”: University of Oregon Sued After Blocking Professor Who Posted “All Men are Created Equal””

Five Lingering Questions In the Wake of the Mar-a-Lago Raid

Former President Donald Trump has waived any objections to the release of the warrant and property receipt after the filing of a motion by the Justice Department. The motion, however, did not seek the release of the most important document in this controversy: the supporting FBI affidavit. That is the document that would reveal what the FBI told the magistrate about the prior communications with the Trump team and the specific allegations of the status of the documents in question. Continue reading “Five Lingering Questions In the Wake of the Mar-a-Lago Raid”

Res ipsa loquitur – The thing itself speaks