Congress, Constitutional Law, Courts, Politics

Court: McGahn Must Appear To Testify Before Congress

Federal District Court Judge Ketanji Brown Jackson delivered a victory for Congress  in a 120-page decision that former White House counsel Don McGahn must appear for testimony before the House Judiciary Committee.  I previously wrote that the White House was wrong in blocking the appearance of witnesses like McGahn as opposed to invoking executive privilege over certain areas of testimony.  Accordingly, I believe the opinion is the correct one but this does not end the struggle with Congress. Indeed, it may be just the beginning of the real struggle over privilege as opposed to immunity. Update: As expected, McGahn is appealing the ruling which will certainly achieve the purpose of delay but ultimately magnify the loss in precedent for the White House.

Continue reading “Court: McGahn Must Appear To Testify Before Congress” →
Columns, Congress, Constitutional Law, Politics

The Case For Impeachment All Living Presidents
YouTube

Below is my column in The Hill Newspaper on the new standard on impeachment emerging from the House hearings. Democrats continue to state an insistence on a vote by Christmas — the shortest period of investigation of an impeachment in history. If impeachment is to be reduced to such an impulse buy item, there are many other choices for voters.

Here is the column:

Continue reading “The Case For Impeachment All Living Presidents” →
Congress, Politics

Poll: Independents Shifting Against Impeachment

We previously discussed how polls do not show a shift in favor of impeachment after the much covered impeachment hearings in the House Intelligence Committee. Indeed, a poll in the key state of Wisconsin shows a shift against impeachment after the hearings. Now, a poll from Emerson College shows a surprising shift among independents with 49 percent now oppose to impeachment. Over all, Trump popularity have also shifted with a gain of five points to 48 percent favorability.

Continue reading “Poll: Independents Shifting Against Impeachment” →
Bizarre, Criminal law

Utah Woman Charged With Lewdness For Being Nude In Her Own Home

By Darren Smith, Weekend Contributor

There are some cases that are so unbelievably asinine, I must remind the reader this is not April Fool’s Day.

A woman in Utah presently faces the possibility of a ten year sex offender registration mandate if a Utah judge convicts her of Misdemeanor Lewdness Involving A Child for walking inside her own home topless.

Yes, apparently one can be arrested for being nude in their own home if a child witnesses the horrorshow of a woman’s exposed breast. God help us if nursing women feed their babies.

Continue reading “Utah Woman Charged With Lewdness For Being Nude In Her Own Home” →
Criminal law, Lawyering, Politics

Giuliani: I Am Not Worried Because “I Have Insurance”

I have repeatedly criticized President Donald Trump’s counsel Rudy Giuliani for his record of rampage as counsel. Even before the ruinous work in the Ukraine came to light, Giuliani has assembled a long line of harmful statements. Now, in what may be the worst possible way to respond to a question whether he is concerned that Trump will throw him under the proverbial bus, Giuliani has said that he is not worried because “I have insurance.” It is a statement that raises obvious images of what the Russians call kompromat, or “compromising material.” Whether a joke or serious, it is again a remarkably dim-witted response at the height of an impeachment process.

Continue reading “Giuliani: I Am Not Worried Because “I Have Insurance”” →
Bizarre, Criminal law

Minnesota Man Arrested For DUI In Car With Fake License Plates Made From Hamm’s Beer Box
In the video, Chippewa Falls Police officer Scott Schoenwetter is shown standing in front of his police cruiser.
Chippewa Falls Police Photo

“From the Land of Sky Blue Waters” in Wisconsin, police in Chippewa Falls stop Nicholas Layton after he was spotted allegedly weaving through the town. Layton was charged with drunk driving but that was not the biggest surprise in store for the police. Chippewa Falls Police officer Scott Schoenwetter could not find a registration for the plates and then realized that they were actually just painted on the back of a Hamm’s beer box.

Continue reading “Minnesota Man Arrested For DUI In Car With Fake License Plates Made From Hamm’s Beer Box” →
Constitutional Law, Criminal law, Military, Politics

Trump Goes All-In With Giuliani and Crowdstrike In Fox Interview

While virtually everyone in Washington is burning any Christmas card or note connecting them to Rudy Giuliani, President Donald Trump gave a rambling and at times baffling interview on Fox & Friends in which he not only doubled down on his faith in Giuliani but restated the importance of the widely discredited Crowdstrike server claims. Giuliani has been denounced for his role in the Ukraine scandal and portrayed as a universally despised individual in the State Department and national security agencies. Yet, Trump heralded Giuliani as “a great crime-fighter” and leader even though Fox co-host Brian Kilmeade questioned his role in the scandal and raised the fact that two of his associates are now under indictment. I have been critical of Giuliani’s representation of the President for years. The interview could be an effort to keep Giuliani, who is under federal investigation, in the fold or the President may genuinely still believe that Giuliani is not only blameless but praiseworthy. Either way, this is not good. Both Giuliani and the Crowdstrike theory have been discredited in prior testimony. Nevertheless, the interview offer a glimpse into a possible defense in the Senate.

Continue reading “Trump Goes All-In With Giuliani and Crowdstrike In Fox Interview” →
Columns, Congress, Constitutional Law, Courts, Criminal law, Politics

Democrats Seek To Redefine Crimes To Reframe The Trump Impeachment

Below is my column in The Hill newspaper on the three new crimes being alleged by the Democrats: bribery; extortion; and obstruction. There was a critical shift away from the abuse of power framework this week in favor of these criminal allegations. That may reflect the fact that the hearings have not resonated with voters, or at least have not caused a shift in public opinion. I have previously stated that a president can be impeached for abuse of power, including a quid pro quo. However, when alleging a crime, the elements of such a crime are relevant. Indeed, Schiff has referenced those elements in his comments in the hearings. The problem is that the case law falls far short of the rhetoric surrounding these crimes.

Here is the column:

Continue reading “Democrats Seek To Redefine Crimes To Reframe The Trump Impeachment” →
Congress, Constitutional Law, Criminal law

Mutually Assured Destruction: Sondland Confirms Quid Pro Quo and Claims Wide Circle Of Knowledge

European Union Ambassador Gordon Sondland sent shockwaves around Washington after he not only confirmed what he deduced as a quid pro quo demand but that a wide circle of top officials were fully informed for the effort. Sondland did not directly implicate Trump who he recounted denied any quid pro quo to him in a call on September 9th. However, he offered compelling testimony that he was told to speak to Rudy Giuliani who pursued such a quid pro quo. His testimony suggested knowledge of these efforts by Vice President Michael Pence, Secretary of State Mike Pompeo, former National Security Adviser John Bolton, acting White House chief of staff Mick Mulvaney, and others. Pence and Pompeo immediately issued direct denials of that meetings or communications with Sondland ever occurred. What was striking is that Sondland made it clear that he would not go down alone. His testimony reflected a type of mutually assured destruction strategy for a wide circle of officials.

Continue reading “Mutually Assured Destruction: Sondland Confirms Quid Pro Quo and Claims Wide Circle Of Knowledge” →
Bizarre, Congress, Politics

Rep. Blumenauer Under Fire For Calling For Boycott Of Sondland’s Hotels To Pressure Him

In the course of the impeachment hearings, many Democratic members repeatedly accused President Donald Trump of intimidating witnesses with tweets. Indeed, many of us have criticized Trump for his attacks on Ambassador Marie L. Yovanovitch. Yet, not a single Democratic member objected to the call of Rep. Earl Blumenauer (D-Oregon) for a boycott of the hotels owned by Gordon Sondland to pressure him in testifying before Congress. The tweet by Blumenauer was wildly inappropriate, particularly in a process with pressure on witnesses is a central theme. Yet, when asked, members like Rep. Jackie Speier (D-CA) simply dismissed the criticism by saying that Trump does worse things. It was a signature moment in our age of rage. There is no self-evaluation or self-awareness in engaging in the very acts that you are objecting to by the other side. The reason is that you are right so any means is viewed as righteous.

Continue reading “Rep. Blumenauer Under Fire For Calling For Boycott Of Sondland’s Hotels To Pressure Him” →
Uncategorized

“Democrat Lies”: Rudy Giuliani Attacks Republican Counsel And Demands Apology

While long ridiculed over his own representational performance, Rudy Giuliani attacked the Republican Counsel Steve Castor for spreading “Democrat lies” and demanded an apology for saying that he had business interests in Ukraine. [For the full disclosure, Castor is a graduate of George Washington Law School] . Of course, Giuliani’s conduct in Ukraine has become a full-fledge scandal and he maintained a number of highly dubious associations including his now indicted associates Lev Parnas and Igor Fruman who were arrested at an airport trying to leave the country (not long after meeting with Giuliani). Fruman and Parnas were pursuing business deals in Ukraine but it is not clear if Giuliani was part of those efforts. Giuliani is currently under investigation by federal prosecutors over his dealings in Ukraine. Giuliani has made a mess of this entire matter and one way to clarify such facts would be to appear for testimony.

Continue reading ““Democrat Lies”: Rudy Giuliani Attacks Republican Counsel And Demands Apology” →
Bizarre, Media, Politics, Society

DNA Test Proves Hunter Biden To Be Father Of Child With Former GW Student Despite His Denials

Former George Washington student Lunden Alexis Roberts has faced a long and drawn out fight to prove that Hunter Biden is the father of her child. According to The New Yorker, Biden denied ever having sex with Roberts. It was not until November 9th that Hunter allowed himself to be tested. That would make the birth immaculate because DNA testing just proved that he is the father and, despite receiving his controversial payments of $50,000 a month from Burisma as well as other deals, Hunter Biden has been effectively a deadbeat dad.

Continue reading “DNA Test Proves Hunter Biden To Be Father Of Child With Former GW Student Despite His Denials” →