Columns, Criminal law, Politics

The Mar-a-Lago Raid: Criminal Prosecution or Political Indemnification?

Below is my column in the Hill on the raid on Mar-a-Lago. Questions continue to grow over the necessity for the raid as opposed to the use of a subpoena or other means. According to the Trump counsel, the former president was given an earlier subpoena and complied with it and then voluntarily gave the FBI access to a storage area and agreed to add a specified lock on the room. It is not clear why a second subpoena would not have sufficed if there were other covered material under the Presidential Records Act.

There is also a report of a confidential informant or source used in the operation. The only thing clear is that, while the J6 Committee does not appear to have changed many minds, the raid has. Any possibility that Donald Trump might not run seems to be evaporated with any likely challengers in the wake of the raid. That could change as we learn more details but the raid has galvanized Trump’s supporters. Ironically, Newsweek reported that the FBI was hoping the raid with Trump out of town would be a “lower profile” option — a notion that borders on the delusional. The lower profile option is called a subpoena.

Here is the column:

Continue reading “The Mar-a-Lago Raid: Criminal Prosecution or Political Indemnification?” →

Congress, Criminal law, Media, Politics

Poll: The J6 Hearings Had Virtually No Impact on Changing the Public Views

For months, we have been discussing the heavy-handed, one-sided approach of the J6 Committee in the presentation of evidence and witnesses. Both sides blame each other for the absence of a single Republican-selected member. Yet, the Committee treated the lack of balance as a license to present a rigid and scripted account of events and actions, including editing out countervailing views or evidence. For those of us who welcomed the greater transparency on the events of that terrible day, it was a lost opportunity to have a truly historic investigation akin to Watergate or the Kennedy assassination. The result is now evident and unsurprising.  A Monmouth University poll shows that almost 90 percent of respondents report that the hearings have made no change in how they view the J6 riot.  Moreover, despite the overwhelming cooperation and support of the media with the Committee, the vast majority believe that the J6 Committee was a political rather than investigative exercise, focused on opposing Trump rather than disclosing the facts of January 6th. Continue reading “Poll: The J6 Hearings Had Virtually No Impact on Changing the Public Views” →

Columns, Criminal law, Justice, Media, Politics

“The Whole Enchilada”: Pundits Wrongly Claim the Mar-a-Lago Raid Could Disqualify Trump from Future Office

The FBI raid on Mar-a-Lago has unleashed a familiar euphoria among critics who have longed for–agents descending upon the President’s residence in a criminal operation. One MSNBC pundit declared that day of the “orange jumpsuit” may finally be at hand while another simply exclaimed “hallelujah.” It was a tad premature since we do not even know if classified material was found and, if so, whether there is a criminal case to be made from such a discovery. Continue reading ““The Whole Enchilada”: Pundits Wrongly Claim the Mar-a-Lago Raid Could Disqualify Trump from Future Office” →

Politics, Society

“An Attack on One is an Attack on All’: Time for a Red-State NATO-like Alliance on Boycotts

Below is my column on recent effort to boycott states over their abortion laws, a growing push for states to punish other states with measures like travel bans. While boycotts are an important expression of free speech by citizens, it raises more difficult questions when done by states seeking to coerce other states. It can create a morass of boycotts and tit-for-tat measures. This column suggests a way to end the practice through a simple deterrent measure based on Article 5 of the North Atlantic Treaty. It would be to the benefit of all states (and our federalism system as a whole) to remove state-to-state boycotts from the political arena.

Here is the column:

Continue reading ““An Attack on One is an Attack on All’: Time for a Red-State NATO-like Alliance on Boycotts” →

Criminal law, Media, Politics

“What About His Son?”: CNN’s Stelter is Latest Media Figure to Suddenly Discover the Hunter Biden Scandal
C-Span/YouTube

I recently wrote a column on the sudden shift in coverage of the Hunter Biden scandal in the mainstream media, a shift that has coincided with widespread pieces pushing President Joe Biden to change his mind about running for reelection. As political and media figures fret about Joe Biden endangering Democratic control of Congress and the White House, there is now increased willingness to acknowledge the long buried scandal. Few are as striking as the shift of CNN’s media pundit Brian Stelter, who seems to have suddenly discovered that there are serious allegations of influence peddling by the Biden family.  After previously calling the Hunter Biden story “manufactured” and “whataboutism,” Brian Stelter is now saying that the story “is not just a right-wing media story” while asking “What about his son?” For those skeptical of the sudden media-wide conversion, it sounded more like “what about his father.” Continue reading ““What About His Son?”: CNN’s Stelter is Latest Media Figure to Suddenly Discover the Hunter Biden Scandal” →

Academia, Bizarre, Constitutional Law, Politics, Supreme Court

Rhodes Alumni Launch Campaign to Remove Justice Barrett from School’s Hall of Fame
Rhodes College

The petition by an alumni group at Rhodes College is seeking to remove Supreme Court Justice Amy Coney Barrett from the school’s “Hall of Fame” due to her vote in the Dobbs decision overturning Roe v. Wade. The petition accuses Barrett of violating the school’s honor code by testifying untruthfully in her confirmation hearing. In reality, the letter engages in gross misrepresentations of her testimony in the latest attack on her character and honesty. It is a letter that should be condemned by people regardless of their view of reproductive rights.  The letter also declares Justice Barrett to be a threat to democracy because she holds opposing views on constitutional interpretation. Continue reading “Rhodes Alumni Launch Campaign to Remove Justice Barrett from School’s Hall of Fame” →

Academia, Lawyering

“We Regret Any Pain”: CUNY Apologizes and Deletes Article On Depp Lawyer

For many who watched the Johnny Depp-Amber Heard trial, some of the most outstanding moments involved his defense counsel Yarelyn Mena. It was an extraordinary opportunity for the  29-year old graduated from CUNY (2015) and, by all accounts, Mena performed well. It was considered the turning point of one of the most famous trials in modern history. It is something that should be a matter of great pride for the CUNY community and, not surprisingly, the website did an article on their graduate. However, it has now been deleted with an apology after people objected that they were upset or traumatized by the recognition due to Heard’s allegations of abuse. Continue reading ““We Regret Any Pain”: CUNY Apologizes and Deletes Article On Depp Lawyer” →

Congress, Criminal law

Stay Tuned: Cheney Declares J6 Holding “Much More” Evidence of Possible Crimes

For weeks, critics of the J6 Committee have noted that the committee members promised to present compelling evidence to support criminal charges, but it has not yet presented that case after nine hearings. Even some Democratic figures, including former prosecutor and former Sen. Heidi Heitkamp (D-N.D.), do not believe a strong case has been made for an indictment.  Now, Vice Chair Liz Cheney (R-WY) is making the same claim that there is “much more” undisclosed evidence but says that the Committee will not release the evidence (including possible criminal referrals) until the Fall — just before the midterm elections. Continue reading “Stay Tuned: Cheney Declares J6 Holding “Much More” Evidence of Possible Crimes” →

Media, Supreme Court

Vox Senior Editor Fantasizes Over the Death of Justice Alito

The rising threats against Supreme Court justices has been one of the most startling elements in our age of rage.  When Nicholas John Roske was arrested for the attempted murder of Brett Kavanaugh, many of the left were muted in their response and one group went ahead with a campaign to offer a bounty for any information of a conservative justice’s location in public– with an added payment if there is time for a mob to find them at the location. Yet, Vox senior correspondent Ian Millhiser seemed to cut to the chase by penning an obituary for Supreme Court Justice Samuel Alito. With people trying to kill justices, there seemed no concern how such  a “prewritten obituary” might fuel the fatal obsession of someone like Roske in our society. Continue reading “Vox Senior Editor Fantasizes Over the Death of Justice Alito” →

Columns, Criminal law, Media, Politics

The Art of Scandal Implosion: The Political and Media Elite Prepare To Drop Hunter Biden in a “Controlled Demolition”

Below is my column in Fox News on the status of the Hunter Biden investigation and how it presents a challenge for many in Washington. Due to the continued work of a small number of media outlets like the New York Post, it is no longer possible to bury the story or continue the false claim that it is “Russian disinformation.” The hope now appears to be a “controlled demolition” where Hunter is indicted on limited grounds without causing collateral damage to the political and media establishment. Scandal implosion is as much an art as it is a science and could be the most brilliant achievement in this ongoing scandal.

Here is the column:

Continue reading “The Art of Scandal Implosion: The Political and Media Elite Prepare To Drop Hunter Biden in a “Controlled Demolition”” →

Media, Politics

MSNBC Remains Silent After Elie Mystal Unleashes Racist Attack on Herschel Walker

One of the long-standing complaints of media critics has been the double standard applied to liberal and conservative figures voicing controversial viewpoints. For example, columnists celebrated the firing of former Sen. Rick Santorum at CNN for making insensitive or false comments about the influence of Native American culture on the United States. When racist statements, however, are made by those on the left, there is no such hue and cry. The latest example is MSNBC regular Elie Mystal, who launched into a racist diatribe against Republican Georgia Senate candidate Herschel Walker who is African American. Continue reading “MSNBC Remains Silent After Elie Mystal Unleashes Racist Attack on Herschel Walker” →

Courts, Politics, Supreme Court

Gallup: Supreme Court Overall Approval Slightly Improves After Recent Rulings

A new Gallup poll shows some interesting insights into the approval of the Supreme Court after its major rulings on abortion, guns, and other issues. The overall approval of the Supreme Court at 43 percent actually increased three points. While within the margin of error, it was up from last year’s 40% popularity. The poll comes after the surprising comments of Justice Elena Kagan that the Court may be losing legitimacy by bucking public opinion on issues like abortion. Continue reading “Gallup: Supreme Court Overall Approval Slightly Improves After Recent Rulings” →

Columns, Congress, Constitutional Law, Criminal law, Politics

Is “Inconceivable” Provable? The Justice Department Needs More Than a Vizzini Charge to Prosecute Trump

Below is my column in the Hill on the ongoing federal grand jury investigation reportedly looking into January 6th and potential criminal charges against former president Donald Trump. If there is an indictment, it cannot be based on a Vizzini charge that it is simply “inconceivable” that anyone would believe that there was widespread election fraud. Notably, a new Harvard study has found that most people who went to the Capitol on January 6th did so in loyalty to Trump rather than to engage in insurrection. Millions continue to believe that the election was stolen. However, any case would likely be tried in Washington, D.C., which constitutes arguably the worst possible jury pool politically for the former president.

Here is the column:

Continue reading “Is “Inconceivable” Provable? The Justice Department Needs More Than a Vizzini Charge to Prosecute Trump” →

Academia, Free Speech

Ferris State Professor Settles Lawsuit; Retires with Helmet and Pension Intact

In January, we discussed the case of Ferris State Professor Barry Mehler, who was suspended after Mehler went full Howard Beale in a video in which he called his students “vectors of disease” and tells them to “stay the f**k away from me.” Mehler is known for his outlandish lectures, which appear to have been popular with students. He has now reached a settlement under which he will retire but will receive $95,000. There is a notable catch, however. Continue reading “Ferris State Professor Settles Lawsuit; Retires with Helmet and Pension Intact” →

Academia, Columns, Free Speech, Supreme Court

Justice Thomas’ Withdrawal Exposes The Growing “Unavailability” of Diverse Opinions in Higher Education

Below is my column in USA Today on the withdrawal of Associate Justice Clarence Thomas from the faculty at George Washington University. The announcement merely said that Justice Thomas was now “unavailable” to teach. While the decision is being celebrated by both GWU and across the Internet, it is only the latest blow to free speech and the struggle to preserve a diversity of viewpoints in higher education. When the university announced earlier that it would not fire Thomas, I wrote a piece expressing doubt about how that victory would play out in the future to protect free speech on campuses. The cessation of teaching the course only magnifies those concerns. Such withdrawals raise the concern over the “unavailability” of a diversity of thought in higher education.

Here is the column: Continue reading “Justice Thomas’ Withdrawal Exposes The Growing “Unavailability” of Diverse Opinions in Higher Education” →