Lawyering, Media, Politics, Society

Lincoln Project Scandals Highlight The Role Of Lawyers As Donors

The Lincoln Project is facing rising allegations of ignoring sexual harassment claims against co-founder John Weaver, profiteering on donations, and even violating federal law in posting private messages by another co-founder. Now, in an effort to show that it is addressing the Weaver allegations fully and openly, the Project announced that it has retained a law firm to do an independent assessment of the controversy. However, the Project selected Paul Hastings, which has leading members (including a managing partner) who supported the Project financially. The support of lawyers for the Project is particularly troubling given its campaign to harass other lawyers to get them to drop Donald Trump or the Republican party as clients in election challenges. Continue reading “Lincoln Project Scandals Highlight The Role Of Lawyers As Donors” →

Congress, Criminal law

New Comey Email Raises Additional Questions About His Use and Defense of The Steele Dossier

There is a new and intriguing document related to the Russian investigation out this week. Justthenews has released a previously undisclosed email from former FBI Director James Comey that raises additional questions about his role in using the now discredited Steele dossier as part of the FBI Russian investigation. The email on Jan. 12, 2017 email to then-Director of National Intelligence James Clapper falsely claims that Christopher Steele was found to be “reliable” but then states that the FBI could not “sufficiently corroborate the reporting.” The email went out the same day that Comey signed a FISA surveillance warrant application declaring that content from Christopher Steele’s dossier had been “verified.” We are still waiting for the results of the John Durham investigation but this email raised additional questions about Comey’s role. Comey has testified that he would not have approved such surveillance if he knew then what he knew now about the Steele dossier. Continue reading “New Comey Email Raises Additional Questions About His Use and Defense of The Steele Dossier” →

Academia, Society

“This Is About White Supremacy And Colonization”: Teacher Group Calls For Shakespeare To Be Removed From Reading Lists

While the House managers were quoting Shakespeare in their case against President Donald Trump last week, it appears that the Bard may soon be less known than “Poor Yorick” who we once knew so well. There is a growing campaign by teachers to drop Shakespeare and other Western literature from classes. One group, #DisruptTexts, insists “This is about White supremacy and colonization.” Lorena German, National Council of Teachers of English Anti-Racism Committee chair and a co-founder of the Disrupt Texts forum, insisted “everything about the fact that he was a man of his time is problematic about his plays. We cannot teach Shakespeare responsibly and not disrupt the ways people are characterized and developed.”

Continue reading ““This Is About White Supremacy And Colonization”: Teacher Group Calls For Shakespeare To Be Removed From Reading Lists” →

Columns, Congress, Constitutional Law, Criminal law, Lawyering, Media, Politics

Mutual Destruction: How Trump’s Trial Became A Tale Of Constitutional Noir

Below is my column in the Hill on second Trump trial and how core values quickly became the extraneous to the purpose of this constitutional process.  The final chaos triggered by Rep. Jaime Raskin (D., Md) only highlighted the procedural and legal irregularities in a trial that seem increasingly detached from values like due process.

Here is the column:

Continue reading “Mutual Destruction: How Trump’s Trial Became A Tale Of Constitutional Noir” →

Academia, Columns, Congress, Constitutional Law, Politics

A Return To Rage: Schumer and Pelosi Attack Members Who Voted To Acquit As Political Cowards and Shills

There was a palpable sense of relief in Washington as the Trump trial came to a chaotic but final end. The verdict is in so now the vilification can begin. Both Majority Leader Chuck Schumer and Speaker Nancy Pelosi immediately weaponized the verdict and demonized those who voted to acquit. While the Democrats insisted that all senators should “vote their conscience” that only meant if their conscience supported their side.  Pelosi denounced opposing senators as cowards while Schumer lashed out at them for holding an opposing view of the evidence or the process.  While groups are targeting members on both sides of the trial, our leaders should be calling for unity and civility after the trial. Instead, they are fueling the politics of division.

Continue reading “A Return To Rage: Schumer and Pelosi Attack Members Who Voted To Acquit As Political Cowards and Shills” →

Lawyering, Politics

“We’ve Heard From Enough Witnesses”: Democrats Oppose Calling Witnesses While Schumer Leaves It To The House Managers

Senate Majority Leader Chuck Schumer announced yesterday that he would leave the question of whether to call witnesses to the House managers to decide. In the meantime, various Democratic senators said that there is no need for witnesses despite the House repeatedly acknowledging that it does not know critical facts related to Donald Trump’s state of mind. The position of Schumer and the Democrats is in strikingly contrast to their positions in the last two impeachments. Continue reading ““We’ve Heard From Enough Witnesses”: Democrats Oppose Calling Witnesses While Schumer Leaves It To The House Managers” →

Columns, Congress, Constitutional Law, Courts, Criminal law, Media, Politics

Did The Democrats “Tank” The Second Trump Trial?

Below is my column in USA Today on the lack of a strategy by the House to secure conviction in the trial of former President Donald Trump. As I have previously noted, the House managers did an excellent job in their presentations and many of the videotapes rekindled the anger that most of us felt over the riot. They also reinforced the view of many (including myself) that former president Donald Trump bears responsibility in the tragedy that unfolded due to his reckless rhetoric. Yet, there was a glaring omission in the substance of the House arguments. The managers did not lay out what the standard should be in convicting a former president for incitement of an insurrection and only briefly touched on proving any “state of mind” needed for such a conviction. That is why I have referred to their case as more emotive than probative. It lacked direct evidence to support the claim that Trump wanted to incite an actual insurrection or rebellion against the United States, as alleged in the article of impeachment.  I do not believe that an acquittal was inevitable in this case, but it was all but assured by critical decisions made by the House in this impeachment. The unforced errors discussed below raise the question of whether the Democrats “tanked” the trial.

Here is the column:

Continue reading “Did The Democrats “Tank” The Second Trump Trial?” →

Media, Politics

With Charity For Some? Lincoln Project Faces Questions Over The Spending And Compensation

The Lincoln Project has had a rough couple of weeks.  One of its co-founders, John Weaver, was accused of sexual harassment of young men and the Project attacked him as a sexual predator. As co-founders like George Conway denied any real familiarity or interaction with Weaver, others accused of the Project of turning a blind eye to his conduct.  Then one of its other co-founders, Jennifer Horn, resigned in protest only to be attacked by other Project members as allegedly trying to get more money out of the organization.  Now, the Lincoln Project is having serious questions raised over its compensation for co-founders and an accounting for tens of millions of dollars that may have gone to them or their own firms. Lincoln famously declared “with malice toward none, with charity for all,” but the Lincoln Project is accused of malice towards many but charity for a few.

Continue reading “With Charity For Some? Lincoln Project Faces Questions Over The Spending And Compensation” →

Columns, Congress, Constitutional Law

“Much To Do About Nothing”: The Withdrawal Of The Lee Claim Has “Much To Do” With A Glaring Flaw In The House Case

At the end of its first day of argument, the Senate trial was thrown into chaos when a “juror” stood up like a scene out of Perry Mason to contest the veracity statements made by “prosecutors.” That moment came as the Senate was preparing to end for the day and Senator Mike Lee (R., Utah) jumped to his feet to object that a quote by House manager Rep. David Cicilline (D., R.I.) was false. Lee should know. They were purportedly his words.  After a frenzy on the floor and a delay of proceedings, lead House manager Rep. Jamie Raskin (D., Md) announced that it would withdraw Cicilline’s statements and that “this is much ado about nothing, because it’s not critical in anyway to our case.” In reality, it had much to do about the manager’s case and highlights a glaring problem in its case.  The House has elected to try this case of incitement of insurrection largely on circumstantial evidence and using media reports rather than witness testimony. It is trial by innuendo and implication rather than direct evidence of what Trump knew and intended on January 6th. Continue reading ““Much To Do About Nothing”: The Withdrawal Of The Lee Claim Has “Much To Do” With A Glaring Flaw In The House Case” →

Bizarre, Congress, Media

“Fair Is Foul, And Foul Is Fair”: The Trump Trial Turns Into Shakespearean Tragedy

It seems that Shakespeare is the rage in the second impeachment trial of President Donald Trump.  When House managers were forced to take down the words of House manager Rep. David Cicilline (D., R.I.) after Sen. Mike Lee (R., Utah) denounced them as false, Rep. Jamie Raskin (D., Md) declared “this is much ado about nothing.”   Then Sen. Ted Cruz (R., Texas) characterized the entire trial as “reminiscent of Shakespeare [in] that it is full of sound and fury, and yet signifying nothing.”  MSNBC anchor Andrea Mitchell, however, missed the Bard memo and triumphantly declared that Cruz was wrong and mocked him with a tweet “@SenTedCruz says #ImpeachmentTrial is like Shakespeare full of sound and fury signifying nothing. No, that’s Faulkner.” She was joined in the effort by the Washington Post’s columnist Jennifer Rubin. In our age of rage, it appears that “Fair is foul, and foul is fair”… and Shakespeare is Faulkner and Faulkner is Shakespeare.

Continue reading ““Fair Is Foul, And Foul Is Fair”: The Trump Trial Turns Into Shakespearean Tragedy” →

Columns, Congress, Media, Politics

Reckless Rhetoric Is A Reckless Standard For An Impeachment Trial

Below is my column in the Hill on how the second Trump impeachment could become a trial over reckless rhetoric in America. The House managers may be playing into that very danger by selecting some managers who have been criticized in the past for their own over-heated political rhetoric.  As managers were replaying the comments of former President Donald Trump from prior years to show how his words fueled divisions, critics were pointing to similar statements from the managers themselves. Rep. Jamie Raskin, D-Md., the leading impeachment manager, was chided for using “fight like hell” in a 2019 interview with The Atlantic — the very words replayed repeatedly from Trump. He also used that phrase repeatedly in prior years to ramp up his supporters in fighting for Democratic control of Congress. Speaker Nancy Pelosi blundered by appointing managers like Eric Swalwell who is notorious for his inflammatory rhetoric, in a trial where such rhetoric would be the focus of the managers.  Swalwell’s comments not only include disturbing legal claims, but highly personal and offensive remarks like mocking threats against Susan Collins, R-Maine. Swalwell declared “Boo hoo hoo. You’re a senator who police will protect. A sexual assault victim can’t sleep at home tonight because of threats. Where are you sleeping? She’s on her own while you and your @SenateGOP colleagues try to rush her through a hearing.”  Pelosi picked not only a member who has viciously attacked Republicans but one of the Republicans most needed by the House in this trial. If this trial boils down to irresponsible political rhetoric, the public could find it difficult to distinguish between the accused, the “prosecutors” and the “jury.” That is the problem with a strategy that seems focused not on proving incitement of an insurrection but some ill-defined form of political negligence.

Here is the column:

Continue reading “Reckless Rhetoric Is A Reckless Standard For An Impeachment Trial” →

Academia, Congress, Constitutional Law, Politics

The Belknap Margin: The Senate Decision Shows Not Much Has Changed Since 1876

When the House moved to impeach President Donald Trump for a second time, I wrote a column on the similarities to the William Belknap impeachment in 1876. The vote of the Senate to continue the trial despite a constitutional challenge over the use of a retroactive trial bore striking resemblance to that earlier decision.  That should be good news for Trump. The Senate declared the trial constitutional and effectively over by its 56-44 vote. Continue reading “The Belknap Margin: The Senate Decision Shows Not Much Has Changed Since 1876” →

Academia, Congress, Constitutional Law

My Recent Position Of 21 Years Ago: House Democrats Cite 1992 Duke Article in Support Of Impeachment

Recently, Laurence Tribe bizarrely claimed that “not long ago” I argued in favor of retroactive trials in reference to my Duke Law Journal article from 21 years ago.  Now, the House managers have claimed that I supported retroactive trials up to a few weeks ago. Rep. Joe Neguse cited my Duke piece at length to support the basis for retroactive trials after saying that I supported such trials until the last few weeks. I felt Neguse did an excellent job in his argument but any suggestion of a recent change would be untrue. His reliance, however, on the Duke article was not misplaced. I did and continue to recognize the value of such trials — and certainly the historical use of such trials. It is the jurisdictional question that has changed for me.  It is true that I did not have reason to write publicly on the Trump retroactive trial until a few weeks ago (like many scholars), but my underlying views changed years before.  However, if my views of 21 years ago are going to be cited as recent or “not long ago,” I would at least appreciate the use of my thinner photos from the 1990s.  To give you an idea of how “recent” this was, here is my picture when I wrote those words. I will now insist on it being used as a recent image.

Continue reading “My Recent Position Of 21 Years Ago: House Democrats Cite 1992 Duke Article in Support Of Impeachment” →

Congress, Constitutional Law, Media, Politics, Society

Modus or Media Operandi? CNN Runs Statement Of Anonymous “Senior Aide” Who Said Trump Loved Watching The Riot

We recently discussed how House managers are claiming the right to use Trump’s failure to testify at his trial as proof of guilt (despite the fact that presidents historically have not given such testimony at Senate trials).  Now CNN has released (on the day before the start of arguments) an account from an unnamed former “senior aide” that Trump was watching the riot in the Capitol unfold and “loving watching the Capitol mob.” The same pattern emerged in the first Trump trial. It is being described as the “smoking gun” evidence needed to secure conviction. The story highlights the decision of the House not to call witnesses before or after its snap impeachment. The question is why the House would use implication, innuendo, and inference when it could have used direct evidence to seek the conviction of Donald Trump.

Continue reading “Modus or Media Operandi? CNN Runs Statement Of Anonymous “Senior Aide” Who Said Trump Loved Watching The Riot” →

Bizarre, Politics

Thank You For Shoveling My Driveway . . . You Nazi? LA Times Runs Bizarre Column Revealing Liberal Angst And Anger

A Los Angeles Times opinion column is firing up the Internet after Virginia Heffernan wrote about her anguish in not knowing how to respond to neighbors cleared the snow on her driveway.  They problem is that they also voted for former President Donald Trump. The column entitled “What can you do about the Trumpites next door?” explores her struggle with how to respond while comparing all Trump supporters to Nazis and Hezbollah.  It is unfortunately hardly surprising to see such unhinged hateful comparisons in today’s age of rage. What was surprising is need to publish such a column containing gratuitous attacks on over 70 million voters as comparable to genocidal murders or terrorists.  Continue reading “Thank You For Shoveling My Driveway . . . You Nazi? LA Times Runs Bizarre Column Revealing Liberal Angst And Anger” →

Res ipsa loquitur – The thing itself speaks