Fowl Politics: Missouri Representatives Decapitates and Mutilates Chicken in YouTube Video

mikemoonscreencap32816Missouri Representative Mike Moon (R-Ash Grove) takes a more literal meaning to the classic political pledge of a “chicken in every pot.”  In a truly bizarre video below, the Republican legislator decapitated a chicken while discussing a special session and then pulled out its heart.

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Hut In Antarctica Yields Beautiful and Haunting Painting Of Famed Explorer Edward Wilson

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The watercolor depicts a tree creeper. Pic: Antarctic Heritage Trust

This is the type of thing that I find thrilling.  An effort to preserve a hut at Cape Adare in Antarctica led to the discovery of this beautiful 118-year-old painting by Dr. Edward Wilson.  The British polar explorer died in Antarctica on an expedition led by Capt. Robert Falcon Scott.  This incredible picture sat in a pile of papers unnoticed for over a century.

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Ninth Circuit Rules Against Trump . . . Using Trump As Main Witness Against Himself

donald_trump_president-elect_portrait_croppedninth-circuit-logoIt is the presidential version of death by cop.  Recently, I wrote a column on how Trump had become a witness against himself by, again, tweeting highly damaging observations about pending litigation and even contradicting the statements of his own legal team in the immigration order litigation.  As predicted, the United States Court of Appeals for the Ninth Circuit not only ruled against his Administration but relied on his damaging recent tweet to seal the deal.  The lack of message discipline extended to Trump friends this week after his friend, Newsmax CEO Chris Ruddy, said Trump was considering firing Mueller: “I think he’s considering perhaps terminating the special counsel. I think he’s weighing that option. I think it’s pretty clear by what one of his lawyers said on television recently.”   The statement sent a chill throughout Congress.  Such a move would not only push Congress to pass a renewal of the Independent Counsel Act but magnify allegations of obstruction.

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The Comey Defense: Redefining Both The Law and The Leak To Oppose Donald Trump

440px-Comey-FBI-PortraitBelow is my column in The Hill Newspaper on the legal analysis surrounding the disclosure by former FBI Director James Comey that he leaked damaging information against President Donald Trump in memos to the press.  I have been surprised by the analysis which has been both artificially narrow or outright erroneous on the underlying legal issues.  There was an early effort, for example, to judge the lawfulness of Comey’s actions solely on the basis of whether it was a crime.  If these memos were government property, a claim for criminal conduct could be made but it would be unlikely under existing precedent.  However, that does not mean that Comey’s conduct was either lawful or professional. Neither is true.  In the rush to lionize Comey, the media is ignoring the fact that others have been punished for releasing non-public information to the media. Moreover, Comey and the FBI was tasked with finding leakers in the Administration. Yet, after being fired and publicly insulted by Trump, Comey became himself a leaker (despite a readily available and lawful avenue for disclosing the memos in a matter of weeks).  I have stated from the outset that criminal charges are unlikely (and in my view unwarranted) as the facts currently stand with regard to this one leak. However, the leak was in my view unlawful and unprofessional.  Comey allowed himself to be baited by Trump and proceeded to discard his professional judgment to strike back through a third party.  His conduct should not be judged solely on the basis of whether it might land him in jail. Moreover, if the FBI wanted to pursue the violation, it could drag Comey to court and seek various remedies outlined in the agreement that all FBI agents sign as a condition of their employment.

The column below explores some of the misleading conclusions being advanced in the coverage. As I state in the column, I agree that legal commentators can have good-faith differences on such questions. However, it is useful to lay out both the conclusions and the countervailing arguments.  These issues will become far more acute for Comey (including the possibility of criminal violations) if, as suggested by the White House, there were more leaks stretching back months.

 

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Couple Criminally Charged After Burning Koran On Videotape

We have been discussing the rapid erosion of free speech in Great Britain with expanding criminalization of speech deemed insulting or offensive to any group or person.  The most recent case involved a couple shown in a videotape burning a copy of the Koran.  As offensive and hateful as this act is, it is still an exercise of free speech in my view.

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Distracted New Jersey Woman Falls Into Open Sidewalk Cellar Opening

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There was a scary moment in Plainfield, New Jersey recently after a distracted 67-year-old was looking at her cellphone and walked over a barrier and fell into a sidewalk cellar for Acme Windows.  The question of liability is likely on the mind of the company even though the woman appears to have suffered non-life threatening injuries.

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The Case Against James Comey

440px-Comey-FBI-PortraitBelow is my column in The Hill Newspaper on the the case against former FBI Director James Comey for leaking FBI information to the media.  There has been an effort to confine the question of Comey’s actions in terms of criminality. There are laws that could be relied upon for a formal charge in court but that is unlikely and would counter prior prosecutorial practices.  However, the disclosure clearly violates a host of federal rules and regulations that bar such use of FBI information. It is therefore unlawful and unprofessional.  It is also potentially unethical under bar rules.

Here is the column:

 

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Mueller Hires Justice Official With History Of Arguing For Expansive Interpretation of Obstruction of Justice

440px-Director_Robert_S._Mueller-_III-1There was an interesting development late last week when Special Counsel Robert Mueller hired Michael Dreeben, a deputy in the Office of the Solicitor General, to work part-time with his staff.  The addition of Dreeben added someone with considerable criminal and appellate experience. However, Dreeben’s background also contains an interesting item that bears directly on the potential case against President Donald Trump.  Dreeben argued in an unsuccessful appeal of the prosecution of Arthur Anderson where the Justice Department advanced a sweeping interpretation of obstruction of justice — an interpretation that I criticized as wildly overbroad.  The interpretation resulted in a unanimous rejection of the Supreme Court.  Given the call for a charge of obstruction against Trump (and the view of some of us that there remains considerable statutory barriers to such a charge), Dreeben’s addition should be a concern to the Trump defense team.

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MellowTalk: New Site Seeks To Match “Talkers” and “Listeners” In A Safe and Anonymous Setting

0On occasion, I see a new website that I find intriguing on Reddit and this one caught my eye for a couple of reasons.  First, it is a high school student who has started a site to allow people to help other people to deal with issues that are bothering them.  Second, the creator is my oldest son, Benjamin.  Putting aside the obvious pride and bias, I thought that the premise of the site is intriguing.  MellowTalk allows people to communicate in strict anonymity and the participants select either “talker” or “listener” on the site.  It offers people a sounding board for discussing problems or issues in an anonymous and safe environment.  (Indeed, I know of a couple high ranking officials who could benefit for some anonymous and non-public venting).

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Trump Calls Comey “Cowardly” As Polls Show Public Believes Comey

440px-Comey-FBI-Portraitdonald_trump_president-elect_portrait_croppedPresident Donald Trump lashed out at James Comey on the weekend and called him “cowardly.”  It was the latest impolitic tweet and it does not appear to be working well for Trump.  A new poll shows that the public overwhelmingly believe Comey over Trump by a twenty percent margin.  In a truly sad state of affairs if accurate, only 26 percent on the You.Gov/Huff Post poll believes the President. For the moment, Trump may view Comey as “cowardly” but the public views him credible.  The poll tracks another poll by Gallup showing the President’s popularity at 38 percent — though, as I mentioned earlier, Trump has been slightly ahead of Bill Clinton at this point in this presidency.
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Dawn on the Billy Goat

img_5806As many of you know, I like to do dawn hikes particularly on the Billy Goat Trail outside of Washington.  I had to share this amazing turtle from this morning.  While it is hard to gauge its size, it was huge for a river turtle (almost three feet in length). Indeed, the biggest I have seen outside of the Pacific islands. It was well inland on Bear Island on the side of a boulder.

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Comey Testimony Proves To Be Neither Vindicating Nor Incriminating For Trump

donald_trump_president-elect_portrait_croppedBelow is my column in USA Today on the current status of the evidence against President Donald Trump for either indictment or impeachment.  While I do not agree with the White House that former FBI Director James Comey 
“completely vindicated” the President, I do not believe that the testimony materially altered the legal position of the President.  I believe that Comey both helped and hurt himself.  He did an excellent job in explaining why he only discussed the content of the memos with his staff, but he also admitted to being a leaker and showed repeated failures in ethical confrontations with superiors.  There is reportedly a call for Comey to return.  He may find the return appearance more challenging than the first.

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Meet Gavel: The World’s Greatest Hope For Salvation

puppy-fired-too-nice-governor-queensland-png-1496934565Despite the depressing news domestically and internationally, there is proof that there is still hope for the world.  Gavel has found a home.  Gavel flunked out of police canine academy in Queensland, Australia, for being too friendly.  It was a disappointment because Gavel came from are “family bloodline” of top German Shepard police dogs. The problem is that Gavel just wanted to be friends . . . with everyone.

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Trump Offers To Testify Under Oath

donald_trump_president-elect_portrait_croppedPresident Trump surprised people late Friday by announcing that he is “100 percent” willing to testify under oath about his interactions with James Comey.  There has been considerable speculation about Trump’s willingness to go under oath.  His counsel could have negotiated at least initially for an interview without going under oath.  As I have stated before, the greatest threat facing officials in a scandal of this kind is a false statements prosecution under 18 U.S.C. 1001.  Given Trump’s notorious habit for going off script, the risks of such a violation would be much higher for counsel prepping him for such a deposition or testimony.

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The Vanishing Woman: Saudi Arabian Ad Substitutes Image Of Inflatable Ball For Mother In Pool Picture

4131F54200000578-4580510-image-m-34_1496835530873We have previously discussed how woman magically disappear in Saudi Arabia, including  ads for companies like IKEA. (We have seen the same vanishing in Orthodox Jewish publication).  Now Saudi Arabia is accused of replacing a picture of a mother with a beach ball in this advertisement to protect Muslim sensibilities.  At least these kids can say “Mom was a real ball on vacation.”

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