Criminal Tweets: Trump Critics Should Not Respond To Acts Of “Fake News” With Fake Law

Below is my column in the Hill Newspaper on the latest “smoking gun” of obstruction in the form of Trump tweets.  There continues to be a categorical refusal of many to acknowledge the implications of the interpretation being advanced to implicate Trump.  There is also a failure to acknowledge that the Clinton campaign received more information was Russian sources, including Russian intelligence figures. The difference is the Clinton people were smart enough to use a cut out in the form of a former British spy.

While advocates continue to maintain that agreeing to go to a meeting to review promised evidence of crimes is a federal election violation, no case like this has ever resulted in a conviction that I know of.  Indeed, I do not know of any case remotely similar to this case as being brought.  The First Amendment implications should bar any such prosecution.

Here is the column: Continue reading “Criminal Tweets: Trump Critics Should Not Respond To Acts Of “Fake News” With Fake Law”

Day 7: Kauai’s South Shore

IMG_8339We spent our second day on beautiful Kauai was visiting beaches on the South shore.  We started in the morning at the aptly named Shipwreck Cove where the waves were huge but the under current quite dangerous.  We went in briefly before going down the shore to Poipu Beach which was lovely but a bit crowded. At the suggestion of one of the lifeguards, we went further down the road to Salt Pond Beach which had more roasters than people.  The waves were huge and we had a ball.

 

 

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Gates Admits To Embezzling From Manafort As Government Portrays A High-Living Defendant With Shrinking Income

ManafortWhatever becomes clear after Rick Gates finishes his direct and cross examination is that Gates and Paul Manafort truly deserved each other.  On the stand on his first day of testimony, Gates admitted to embezzling hundreds of millions from Manafort as he helped Manafort hide millions and lie to the government and banks.  It was highly damaging testimony, but the most damaging in my view came earlier from Manafort’s accountants that he was in financial collapse — struggling to maintain an opulent lifestyle after his Ukrainian money machine was cut off with the flight of his main client.

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Star Power: City Council Unanimously Calls For Removal Of Trump Hollywood Star

440px-Official_Portrait_of_President_Donald_TrumpThis week, the City of West Hollywood council joined in the gratuitous insults and derogatory that has come to characterize our politics on both sides.  The city council unanimously voted to ask Los Angeles and the Hollywood Chamber of Commerce to remove President Donald Trump’s star from the Hollywood Walk of Fame.  The star has been repeatedly vandalized in recent weeks. In the meantime,Los Angeles County District Attorney’s Office announced that Austin Clay, 24, was charged with vandalism for destroying Trump’s star last month.  He used a pickaxe.

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Cold Case Suspect Dies After Emerging From Freezer

UnknownSome headlines just write themselves.  Carlton Henderson, 54, died this week after jumping out of a freezer and threatened employees with a knife while screaming “Away from me,Satan!”  After he was tackled and the knife taken away, Henderson went into cardiac arrest and died.  It was later discovered that he was the suspect in the 1988 shooting deaths of 26-year-old William Medina and 22-year-old Antonio Dos Reis.

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Day 5: Behold The Green Turtles of Oahu

IMG_8275Day five on Oahu could be simply called turtles, turtles, and more turtles. One of the reasons that I was interested in staying on the North Shore rather than Waikiki was the abundance of green see turtles.  Today we enjoyed watching these magnificent animals at various beaches, including their daily visit at a beach for sun and a feast of sea grass.  It was a great way to spend the last full day on Oahu. Continue reading “Day 5: Behold The Green Turtles of Oahu”

Rescue Me: How A Challenging Hike Turned Into An Embarrassing California Adventure

IMG_8093 (1)Below is a slightly longer version of my Hill column on my recent hike in the Cleveland National Forest outside of Santa Ana, California.  It was the beginning of the heat emergency that is still gripping the area with massive fires and dangerous conditions.  I have stayed in contact with my new friends at the Orange County Fire and Rescue and they were kind enough to send some pictures of the rescue.  I am told that their biggest problem is that people often do not want to be rescued because they are afraid to be hit with a bill for the rescue. They do not charge. They just want people out of harm’s way and safe.
I have previously criticized the charging for rescues in parks because it is  discourages people from calling for help. I also view this is one of those essential jobs for the government that is supported by the public through their taxes. Of course, I never thought I would end up being the guy dangling from a helicopter.  As I have previously written, these incredible heroes deserve our support and greater funding in doing their critical work as first responders.  These men and women are truly inspirations in how they put themselves in harm’s way for others. Where the natural instinct is to run from danger, these people run toward it to help others.  They show an unflinching and unyielding courage day in and day out.
In the meantime, I am currently on vacation with my family and we have repeatedly thought of the Orange County Fire and Rescue on this trip.  As I spend time with my family, I remember that image of Jim Slikker descending into that ravine.  I will never forget it or the debt that I owe him and the Orange County Sheriff’s Fire and Rescue team.
Here is the column:

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Day 4: From Diamond Head To Pearl Harbor

IMG_8212Day Four of our trip to Hawaii started early with a trip to the Diamond Head crater.  This was my second hike up the crater, but the first such venture for the family.  We then had a great lunch at Duke’s restaurant in Waikiki and journeyed on to Pearl Harbor. We finished the day with an evening dip back on the North Shore.  It felt wonderfully decadent.   Continue reading “Day 4: From Diamond Head To Pearl Harbor”

Stone Cold: Mueller Wins Key Legal Challenge To His Authority As Special Counsel

440px-Director_Robert_S._Mueller-_IIIFor over a year, there has been an ongoing debate over the constitutionality of the appointment of Robert Mueller as Special Counsel.  The claim is that Mueller constitutes a “principal officer” who should be nominated by President Trump and confirmed by the Senate.  Instead, defenders claim Mueller is an “inferior officer” who does not require such a process. Chief Judge Beryl Howell of the United States District Court for the District of Columbia just gave Mueller an impressive legal victory in an opinion that swept aside this and two other fundamental challenges to the Special Counsel.  The decision came as part of the grand jury investigation into Trump confidant Roger Stone.

While there are good-faith arguments that Mueller is no inferior officer given the sweeping nature of his mandate, I have previously expressed great skepticism of the viability of these challenges in light of the prior decision of the Court in Morrison v. Olson, which upheld the constitutionality of the Independent Counsel Act.  That Act was allowed by Congress to lapse but the special counsel procedure is, if anything, stronger than the ICA since Mueller is squarely within the Justice Department and subject to its chain of command.  This of course could well change with the appointment of Brett Kavanaugh to the Supreme Court.  Kavanaugh is a long critic of Morrison.  However, his past writings do not clearly establish that he would rule a Special Counsel to be a principal officer.  However, this challenge is clearly designed to move up to the Supreme Court where Morrison is considered an endangered precedent, even before the expected addition of Kavanaugh.

 

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Breaking Bad: How A Former High School Teacher And His Wife In New Mexico May Become World-Class Art Thieves

DjoY-gOU4AAR-EqA A new discovery may have solved the long-standing mystery of who stole a Willem de Kooning painting worth more than $100 million.  The theft in 1985 was a brazen crime by a man and a woman who cut out “Woman-Ochre” from its frame in November 1985. The painting was found a year ago at a home in New Mexico belonging to Jerry and Rita Alter. A newly discovered picture not only puts the couple in Tucson the day before the heist but it shows a striking resemblance to the suspects.

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Trump’s Tweets Are Cathartic and Costly But Not Crimes

donald_trump_president-elect_portrait_croppedBelow is my column in USA Today on the most recent claim that the tweets of President Donald Trump concerning the Special Counsel are acts of obstruction.  Once again, there is a blind eagerness to claim a prime facie criminal case against Trump. However, the implications of such a charge are enormous. It would mean that a subject or target of an investigation could be criminally charged for publicly denouncing the prosecutors or their investigation.  While it is certainly true that a president is not just any investigatory subject and has powers that do mean a menacing meaning to such tweets, it would radically extend the scope of obstruction into more ambiguous areas.  In the end, this is still the exercise of free speech in this context.

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Day 3: The Waterfalls, Water Lilies, and Waterdrops Of Oahu

IMG_8161Our third day in Oahu was spectacular.  We started by driving to the magnificent the Waimea Valley and the Waimea Arboretum and Botanical Garden.  We then walked to the nearby Waimea Beach where kids jump off a high rock into the surf.  It was a great day of hiking and just lying on the beach.

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Day 2: Oahu From Turtle Bay To Shark’s Cove

IMG_8108We arrived at 6 am (ET) in Oahu, Hawaii and were pretty beat but had to rent a van and drive to the North side of the island.  We are staying in Turtle Bay between Protection Point and Kuilima Point on the North Shore of the island of O’ahu.  For those wanting to avoid the congestion and tourism of Waikiki, the North Shore is ideal.  Despite our late arrival, we got up at 6 am to start what was an awesome first full day on the island.  Continue reading “Day 2: Oahu From Turtle Bay To Shark’s Cove”

Witness Admits To Filing Presumed False Tax Returns For Manafort

1531416683549In a major building block for the prosecution of former Trump campaign head Paul Manafort, prosecutors put on the stand his accountant who demanded a grant of immunity because he admitted to filing returns for Manafort that he believed to be fraudulent.  All however did not go as well for the prosecutors after the judge again lashed out at prosecutors of their effort to use Manafort’s opulent lifestyle to poison the jury.

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Res ipsa loquitur – The thing itself speaks