Bizarre, International, Media, Politics

China: Commemorating Tiananmen Square Massacre Is A Violation Of International Law

There is something about controlling information and censoring any criticism that can blind you to irony. That seems to be the problem this week when a Chinese spokesperson objected that a statement by Secretary of State Mike Pompeo commemorating the 30th anniversary of the Tiananmen Square massacre as a violation of international law. So massacring thousands is a purely domestic matter but criticizing it is an international law violation.

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Free Speech, International, Politics, Society

Tiananmen Square 30 Years Later

Today is a sad anniversary of the Tiananmen Square massacre. It is all the more sad due to the success of the Chinese regime to wipe out memories of the massacre in the country while crushing dissent. It falls to the rest of the world to keep the memory alive in the hope that truth, like water, will find its way through the most formidable walls.

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Criminal law, Politics, Society

Justice Department Only Prosecuted 11 Employers and No Businesses For Hiring Undocumented Workers In The Last Year

According to the Transactional Records Access Clearinghouse (TRAC) at Syracuse University, the much discussed crackdown on illegal immigration policies of the Trump Administration does not extend to one notable group: employers. With increases in arrests and deportations, the Justice Department has notably not prosecuted the employers who hire illegal immigrants. Only 11 employers in the entire nation were prosecuted last year. Eleven.

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Animals, Criminal law, Environment

Icelandic Fishermen Under Fire After Posting Cruel Video of Mutilated Shark

Two crew members of an Icelandic fishing vessel have caused a global outrage after they filmed themselves hacking off the tail of a shark and then laughing as they threw it into the river. The disturbing video captures the utter cruelty of the men as they enjoy the scene of a suffering creature trying to swim without a tail.

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Bizarre, Military, Politics

The Mark of [Mc]Cain: Mulvaney Declares That Ordering The Removal Of The USS McCain Was “Not Unreasonable”

I wrote recently about the demand from the White House that the military move the USS McCain from Yokosuka Naval base during Donald Trump’s visit to Japan. It was a disgraceful insult to McCain, our military, and the country. My hope was that the White House would do that right thing and fire the staffers responsible for treating an active U.S. warship as a petty prop. Instead, Acting White House chief of staff Mick Mulvaney said Sunday that it wasn’t “unreasonable” for the demand to be made. In doing so, Mulvaney confirmed that the White House cares little for the principles of separating our military from politics or pettiness. Thus what might have been denounced as a terrible mistake is now embraced by the Trump White House as a reasonable use of our military to protect the President’s sensibilities. It not only makes Trump look like a unhinged egotist but also his Administration as cringing sycophants. It also contradicts the position of the Acting Secretary of Defense. That is quite an accomplishment even for a White House known for self-inflicted wounds.

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

Mueller’s Mount Sinai Moment Leaves Media With A Crisis of Faith

Below is my column in The Hill newspaper on the press conference held by Special Counsel Robert Mueller and his refusal to answer questions from the media (or any questions from Congress beyond what is written in his Report). Mueller not only demanded silence but faith from the media, which surprisingly obeyed. Few reporters noted the direct contradictions in Mueller’s brief statement or the many unanswered questions that he left in his imperious wake. Since Attorney General Bill Barr has already testified on the process and his decisions related to the Report, there was nothing preventing Mueller from answering questions about his own decisions. Instead, Mueller simply said that the media would listen and remain silent . . . and the media dutifully complied.

Here is the column:

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Bizarre, International, Politics

Trump Denies “Nasty” Statement Made On Tape Just Days Earlier

Many of us have criticized President Donald Trump when he contradicts himself or calls facts “fake news.” On Sunday, Trump left many scratching their heads when he categorically denied referring to the the American-born Duchess of Sussex, Meghan Markle, as nasty. What is strange is that (unlike many) I was not particularly aggrieved when Trump made the comment. He was responding to a personal attack attributed to Markle. I would prefer the President not to respond to such comments (particularly before a State visit). I also do not consider it appropriate to attack the London mayor as “a stone cold loser” and comment on internal policies on a State visit. However, the Markle comment was actually restrained for this President. What really bothered me was the denial of the comment just days later.

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Columns, Constitutional Law, Criminal law, Politics, Society

Mueller’s Lack Of Explanations Raises New Questions of His Motivations On Three Key Decisions

Below is my column in The Hill newspaper on three unanswered and troubling questions for Special Counsel Robert Mueller. The concerns over Mueller’s motivations was heightened by the justifications that he has offered for some of his decisions like not reaching a conclusion on the weight of the evidence on obstruction. Many of us view Mueller’s rationale (based on the DOJ policy not to indict a sitting president) to be not just unprecedented but illogical. Putting aside my long disagreement with the argument that a president is immune from indictment, that policy (and the underlying memos) say nothing about a Special Counsel reaching conclusions on the evidence of possible criminal acts. Indeed, that is the core purpose of a Special Counsel. If one rejects the rationales of Mueller, you are left with a question of motivation in maintaining these positions.

Here is the column:

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Bizarre, Religion

Copeland Cornered By Reporter Over His Luxury Lifestyle
Youtube Screenshot

We have previously discussed televangelist Kenneth Copeland and his bizarre claim for a divine purpose in buying luxury planes. While Copeland’s followers appear undeterred by his copious appetite and enrichment, a new videotape shows precisely how unhinged the minister becomes when you raise the issue of his three private jets. Yes, three. Copeland, 82, grew angry when Lisa Guerrero broached the subject of his opulent lifestyle.

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Bizarre, Environment

Dept. of Energy Official Passes Off Natural Gas as “Freedom Gas”

By Darren Smith, Weekend Contributor

Did Congress’ France disparagement campaign of renaming French Fries to Freedom Fries cause a butterfly effect that manifested sixteen years later? Apparently possibly.

The U.S. Department of Energy posted on May 28th an announcement of approving additional exports of domestically produced Liquid Natural Gas at the 10th Clean Energy Ministerial in Vancouver, BC. To spice up perhaps a rather bland news announcement, U.S. Under Secretary of Energy Mark W. Menezes decided to import some ill-considered political pontificating by renaming LNG as “Freedom Gas”.

Liberty and Freedom encompass many enlightened notions. But as a gas, that’s a new one for me.

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Constitutional Law, Politics

WA Supreme Court Upholds Fine Against Presidential Electors Who Failed To Cast Vote In Accordance With Popular Vote

By Darren Smith, Weekend Contributor

The Washington Supreme Court upheld the imposition of a thousand dollar fine against three Presidential Electors who violated their oath by voting in the Electoral College for candidates other than those winners of the popular vote in the 2016 presidential election. In this latest episode of electioneering in American politics, individuals took it upon themselves to decide who they believed deserved election and not support that of the common voter.

In this case, three electors reportedly perceived that then Candidate Donald Trump would win the election and to at least in a hail Mary type of stunt forestall this by casting their vote for Colin Powell instead of Hillary Clinton who won the state’s popular vote. Pursuant to the Constitution, if a candidate fails to receive an absolute majority of the Electoral College Vote the election is then decided by the House of Representatives, which the electors reportedly perceived would be more conducive to a win by Clinton.

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Free Speech, Media, Politics

Vanity Fair: New York Times Blocking Reporters From Going On Certain MSNBC and CNN Shows As ‘Too Partisan”

For two years, I have written about the declining journalistic values in this age of rage with both reporters and legal analysts becoming open partisans for or against Donald Trump. I recently spoke on this decline in objective and neutral reporting. It appears that the situation has become a threat to the journalistic principles of The New York Times. According to Vanity Fair, the newspaper is barring its reporters from appearing on MSNBC’s Rachel Maddow Show and CNN Tonight with Don Lemon as too biased and one-sided.

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Congress, International

Will Trump Use The National Emergencies Act To Impose A Tariff On Mexico For Illegal Immigration?
Flag of Mexico

President Donald Trump declared on Thursday that he would impose a 5 percent tariff on all goods entering from Mexico unless it stopped the flow of illegal immigration to the United States. The move would set a dangerous precedent of mixing trade and immigration issues — further destabilizing the economy and isolating the United States. If this unprecedented move is based on the National Emergency Act, it would again push the law to its extremes. Yet, as I have previously written on the controversy over the wall construction, Congress unwisely gave presidents sweeping and largely unchecked authority.

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Academia, Bizarre, Politics

Age Of Rage: Tribe Calls McConnell “McTurtle” And A “Flagrant Di**head!”

President Donald Trump’s penchant for personal and derogatory remarks about his critics and opponents is well known. Many of us have objected to how Trump’s tweets and attacks have tarnished the Office of Presidency. He has already given insulting labels to various candidates in the Democratic primary. However, such attacks are not just confined to Trump. Yet, as academics, such incivility runs against our tradition of civility in discourse. It often can take no small amount of restraint, but name calling and ad hominem attacks achieve little beyond joining a race to the bottom. That level of restraint was lost this week by Laurence Tribe, a renowned academic and the Carl M. Loeb University Professor and Professor of Constitutional Law at Harvard University. While name calling is now routine, this instance is notable, and alarming, from one of the nation’s leading academics.

Tribe went after Senate Majority Leader Sen. Mitch McConnell (R-Ky.) this week after McConnell promised to fill any Supreme Court vacancy in 2020. McConnell had led the blocking of the confirmation of Merrick Garland in 2016 by citing that fact that it was an election year. When asked what would happen if Republicans faced a vacancy in 2020, McConnell was adamant: “Oh, we’d fill it.” That was too much for Tribe who attacked McConnell in what many would view Trump-like postings.

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