Justice, Lawyering, Media, Politics

Lisa Page Sues FBI and Justice Department For Privacy Violations

Former FBI lawyer Lisa Page is suing the FBI and Department of Justice for violating the Federal Privacy Act in the release of their test messages to former FBI Counterespionage Chief Peter Strzok. President Donald Trump has made repeated and mocking references to the texts, including salacious and romantic messages between the two former FBI employees who engaged in an extramarital affair. Many of us have recoiled at the level of disclosure of this affair and particularly the President’s inappropriate taunts, including last night at a rally in Pennsylvania. The lawsuit could raise some interesting questions of the privacy affords such records, but it is unlikely to prevail.

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Bizarre, Media, Politics, Torts

Trump Attacks Page and Strozk With Disturbing Reference To Alleged Restraining Order

In a highly disturbing moment last night, President Donald Trump launched into an attack on former FBI lawyer Lisa Page and former FBI Counterespionage Chief Peter Strozk with a shocking reference to a restraining order that Page allegedly had to take out on Strozk after their affair. President Trump has previously attacked the couple, even mocking them in a made-up, seemingly orgasmic conversation in bed. Those were highly inappropriate and unpresidential moments but this could be defamation, if untrue. [Some media sites like the Daily Beast are saying that the allegation is being denied as untrue] Even if it is not actionable, occupying the space somewhere between defamation and demagoguery is no place for a president. (Note Lisa Page just filed a lawsuit under the Privacy Act on the disclosure of her emails with Strozk).

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Congress, Constitutional Law

Impeachment Addiction? Rep. Bass Lays Out Possible Second Impeachment

We previously discussed the declaration of Rep. Al Green that the House might approve successive impeachments against President Donald Trump. On Tuesday, Rep. Karen Bass, D-Calif., laid out an additional plan, impeach Trump if he wins reelection in 2020 and the Democrats take the Senate. The comments suggest a certain impeachment addiction that may be growing in the Democratic ranks. Saying that you may want a do-over before it is over reflects a growing political dependence on impeachment as a form of political speech.

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Congress, Constitutional Law, Politics

Democrats Drop Bribery and Other Crimes In Favor Of A Two-Article Impeachment

The Democratic leadership announced today that it has decided that President Donald Trump will be accused of just two articles of impeachment: abuse of power and obstruction of Congress. I commend the Committee in dropping the previous claims of bribery, extortion, campaign finance and obstruction of justice. While my fellow witnesses made good-faith arguments for those articles, my testimony primarily focused on the legal and constitutional flaws in claiming those criminal acts. I also commend the Committee in not following the suggested course of many in ignoring the legal definitions of those crimes to claim an impeachable offense. Finally, Judiciary Chairman Jerry Nadler is correct as he stated yesterday that I repeatedly stated that President Donald Trump could be impeached for a non-criminal act like abuse of power if it could be proven. I also said that he could be impeached for obstruction of Congress, if proven. However, this record falls considerably short of the record needed to support such claims for a submission to the Senate.

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Congress, Justice, Lawyering, Media

No, The Main Take-Away From Horowitz Was Not Debunking A “Conspiracy Theory”

I have a column out today on the Horowitz report in the Hill newspaper. As has become a common practice, the report was immediately and grotesquely misrepresented. On CNN, the takeaway was that the Inspector General “Debunks Trump conspiracy theory.” Chris Cillizza stated “That sound you just heard is the air coming out of the Trump conspiracy balloon.” It is all perfectly bizarre as are the attacks on both Attorney General Bill Barr and U.S. Attorney John Durham for their disagreement on that one finding.

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Columns, Congress, Politics

The House Offers More Passion Than Proof In The Push For Impeachment

Below is my column in the Hill newspaper on continuing rise of rage over reason in the consideration of this rush impeachment. Chairman Jerry Nadler has suggested that his committee may simply move directly to articles of impeachment this week. This rocket docket for impeachment is baffling when you have a record that is incomplete and conflicted. With Johnson, Nixon, and Clinton, the records in the House contained widely accepted criminal acts and extensive records. This record is a short as the schedule set by the Democratic leadership.

Here is the column:

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Criminal law, Justice, Lawyering, Media, Politics

Report: Barr Has Moved Against Giuliani In Meetings With President Trump

Attorney General William Barr has reportedly counseled President Donald Trump that his personal lawyer Rudy Giuliani has served him poorly and should be dropped. The Washington Post reported Sunday that Barr has directly raised with Trump the need for him to recognize what a liability Giuliani has become. It is an interesting story because Giuliani has not only become inappropriately intertwined with State Department business but also Justice Department business. It is not clear if Secretary of State Mike Pompeo has made any such objections, but the Post is reporting that various sources have confirmed that Barr has moved against Giuliani.

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Bizarre, Society, Torts

Brooklyn Teacher Tells Six Year Olds There Is No Santa

Every year it seems like a teacher takes it upon himself or herself to shatter childhood fantasies about Santa. This year, the misguided educator was a substitute teacher in Brooklyn who decided that the best way to lead a discussion on “convincing” was to explain that neither Santa nor the Tooth Fairy are real. The kids in the class are six years old and it was three weeks before Christmas.

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Criminal law, International, Justice, Politics, Society

Indian Rape Victim Dies After Horrific Revenge Attack

By Darren Smith, Weekend Contributor

Another horrific attack in Uttar Pradesh led to the death of a twenty-three year old woman rape victim while traveling to attend a court hearing. Police accuse five men, two identified by the victim as her previous rapists, of stalking her as she prepared to board a commuter train. They doused her with kerosene then set her alight.

She then suffered having to walk nearly a kilometer afterward to summon police via telephone. She was medivaced to New Delhi having received burns to ninety-five percent of her body before suffering cardiac arrest and succumbing to her injuries.

The attack not only highlights a combative approach by some members of society toward the rights of women, but also conveys the shortcomings of a burdened legal system that in some ways facilitates retribution against victims and vigilantism against the accused. It is another, probably less recognized cost of the lack of speedy trial protections in Uttar Pradesh.

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Criminal law, Free Speech, International, Society

Measles Outbreak in Samoa Challenges Free Speech Rights

By Darren Smith, Weekend Contributor

Following a doubly-fatal administration of tainted measles vaccination doses to two children and the consequent loss in confidence of much of the public in vaccines generally, a costly outbreak of measles in The Independent State of Samoa led to a return to early 20th century style public health mandates and a crackdown in free-speech liberties on those who advocate abstention from vaccination.

From October until the present, public health officials listed over four thousand new cases of measles among a population of two hundred thousand. This includes the death of sixty persons of which fifty-two were under four years in age. A leading “anti-vaxx” proponent, a self-styled traditional healer of sorts has been remanded to custody, and faces up to two years imprisonment, for reportedly denouncing vaccination efficacy and accusing the government of causing death among the Samoan People.

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Animals, Environment

A Few Pictures Of The Coast

By Darren Smith, Weekend Contributor

In response to this week’s unnecessary contentions on a personal and national scale I thought I would offer to the reader a bit of a respite and distraction. Here follow a few pictures of a journey I made to the coast, featuring the woods, lighthouses and a sunset.

Feel free to click on each image for a larger version. Enjoy…

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Bizarre, Congress, Constitutional Law

Impeaching By The Gross? Green Says House Could Impeach Trump Repeatedly

We have previously discussed Rep. Al Green’s remarkably low and fluid standard for impeachable offenses. It now appears to be not only low and fluid but repetitive. On Thursday, the Texas Democrat said on C-Span that a “president can be impeached more than once” and that there is “no limit” to how times the House might want to impeach Trump. In my testimony before the House Judiciary Committee, I warned that this incomplete record would lend itself to a type of impulse-buy impeachment. Green’s remarks raises the specter of not just impulsive but compulsive impeachments.

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Bizarre, Lawyering, Torts

Musk Defamation Trial Continues With Discussion Of His Wealth Before The Jury

The defamation trial against Elon Musk is unfolding in Los Angeles, but one story caught my eye from a litigation perspective. Yesterday, the federal judge in Unsworth v. Musk, 18-cv-08048, overruled an objection and ordered Musk to tell the jury how much he is worth. It was a surprising and troubling bench decision in my view. Most judges bar such questions to avoid prejudicing a jury. When a jury hears that someone is worth $20 billion, it can make a verdict and award seem like chump change in the jury room. While I greatly respect his brilliance and accomplishments, I have little sympathy for Musk in the case. He is being sued for a tweet calling a diver a “pedo guy” after he criticized Musk’s effort to rescue trapped kids in a Thai cave. Musk seems to be relying on a Trump-like defense that he just let’s it rip on Twitter and it was a flippant moment.

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Academia, Bizarre, Media, Politics

“Demonstrably False”: It Is Not True That The Johnson and Clinton Impeachments Had Shorter Impeachment Investigations

Today I posted a column addressing a false story circulating on MSNBC and other outlets that my testimony in the Clinton and Trump impeachments are in contradiction. In fact, the testimony is so close that I could be charged more with self-plagiarism than self-contradiction. However in the hearing there was another clearly false statement put into the record by the Democratic members: that I am “demonstrably wrong” in saying that this could be the fastest or shortest impeachment in history. While the effort is clearly designed to encourage people not to seriously consider my criticism of the record and process in this case, a little history — and my actual testimony — might be helpful.

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