In a new twist, Committee staff has reportedly interviewed two men who say that they were actually the two teens who may as assaulted Christine Blasey Ford in 1982 and not Judge Brett Kavanaugh. It is not clear what further information will be released on this latest disclosure but it raises an obviously serious matter for both sides. I remain leery of this lat minute leak and the lack of details — unfortunately a common element in this ongoing controversy.
Sen. Jeff Merkley (D-Ore.) filed for an injunction in federal court to stop a final vote on Brett Kavanaugh. The filing claims that the Republican majority is obstructing his constitutional duty to give advise and consent on nominees. The filing is entirely and utterly meritless. It will be dismissed and is unlikely to receive a hearing on the claim.
The passage of a polygraph by Christine Blasey Ford has been a key factor for many in believing her story — a fact cited by various members of Congress. New details of the polygraph however have been released and some contradictions are being cited within Ford’s account. However, my main interest is the polygraph itself, which does not sound like any legitimate polygraph that I have encountered. I have handled a number of polygraph cases in my career and the description of these questions are nothing short of bizarre as a reliable test.
Continue reading “New Details Raise Serious Doubts Over The Credibility Of The Ford Polygraph”
The Senate Judiciary Committee has announced the identity of the lawyer who will conduct the primary questions of both Dr. Christine Blasey Ford and Judge Brett Kavanaugh. Rachel Mitchell, the sex crimes bureau chief for the Maricopa County Attorney’s Office in Phoenix, is someone with considerable experience in not such sex crimes but delayed sex crime prosecutions. It is an unusual step for the Committee but not unprecedented. Congress will hire outside counsel or allow counsel to question witnesses on some occasions, particularly at fact-finding stages. I was hired a lead counsel to represent the United States House of Representatives in the successful challenge of the unilateral funding decisions of the Affordable Care Act by President Barack Obama. Continue reading “Arizona Sex Crimes Prosecutor Hired To Question Ford and Kavanaugh”
Today I have the honor of serving as the keynote address at the celebration of the 50th anniversary of Brazosport College in Lake Jackson, Texas. I have previously spoken at the college which was selected as one of the top ten community colleges in the nation by the Aspen Institute. The Clute and Lake Jackson areas is also the location of the Ron Paul Institute.
The keynote is entitled “Unpacking the Supreme Court: History, Hierarchy and Headlines.” Continue reading “Turley To Speak At Brazosport 50th Anniversary Celebration”
With the addition of a second woman alleging sexual misconduct of Brett Kavanaugh, it is still not clear what factual disputes will have to be addressed before a final confirmation vote occurs in the Senate. Putting aside questions over late timing of the allegations, there is agreement that the Senate will have to consider both the allegations of Dr. Christine Blasey Ford and the new allegations of Deborah Ramirez. What is far more troubling is the continued disagreement on the standard that Senators should use in considering the allegations. While objecting that their Republican colleagues are not prepared to give the women an “impartial hearing,” various Democratic senators have declared (before any testimony is heard) that they believe Dr. Ford – and thus do not believe Judge Kavanaugh. That is troubling enough, but Sen. Mazie Hirono (D., HI) has introduced a far more troubling element in suggesting that she may decide the factual question on the basis of Kavanaugh’s jurisprudential views. Continue reading “Hirono’s Hedge: Kavanaugh Not Entitled To Presumption Of Innocence Due To His Ideological Views”
Below is my column in the Hill newspaper of the New York Times story alleging that Deputy Attorney General Rod Rosenstein spoke to this staff near the start of his tenure about secretly taping President Donald Trump and organizing a cabinet effort to oust Trump through the Twenty-Fifth Amendment. Rosenstein denies the accuracy of the story and some have said that he discussed the possibility in jest. The New York Times has responded by saying that it was clear that the comments were made seriously and not in jest.
It is still not clear what Trump will do despite many (including myself) arguing that he should not fire Rosenstein. On Sunday, however, Trump told Geraldo Rivera that this was ultimately the fault of Attorney General Jeff Sessions (who selected Rosenstein) and that “we will make a determination” about what to do about the story.
Here is the column: Continue reading “Insubordination Versus Obstruction: Has The New York Times Given Trump His Long-Sought License To Clean House At Justice?”
News reports indicate that Democrats have been speaking with a second woman who is now prepared to accuse Judge Brett Kavanaugh of sexual assault. The accuser is reportedly Deborah Ramirez, 53, and went to Yale at the same time as Kavanaugh. She describes a bizarre scene of Kavanaugh exposing himself at a party in a dorm. Ramirez admits that she was drunk and was previously uncertain if she could implicated Kavanaugh. Continue reading “And Then There Were Two: Another Woman Reportedly Has Come Forward To Accuse Kavanaugh”
Below is my column in USA Today on the upcoming hearing on the allegations of Dr. Christine Blasey Ford against Judge Bret Kavanaugh. There has been a strange disconnect as Democrats denounce Republicans for prejudging Ford or denying her an impartial hearing while they announced in advance that they believe her — and by extension they do not believe Kavanaugh. While the Senate is not a court of law, both sides recognize that they are supposed to afford witnesses a fair and unbiased hearing, particularly when the subject is such a serious allegation as attempted rape.
Here is the column: Continue reading “Blind Justice or Blind Rage: The Kavanaugh-Ford Hearing and the Politics Of Belief”
There has remained considerable debate over the number of illegal immigrants in the country — a figure that obviously has great import in our ongoing debate over immigration policy. Now, Yale and the Massachusetts Institute of Technology have completed a study that that doubles the prior estimate of 11 million. That figure was used to argue for the passage of amnesty legislation. However, the study finds that the actual number is roughly 22 million. Continue reading “Twenty-Two Million: Yale/MIT Study Doubles Prior Estimate of Illegal Immigrants In The United States”
After the Senate agreed to extend the last deadline on Friday to 2:30 today, Christine Blasey Ford has agreed to testify while seeking to continue to negotiate on some details with the Senate. It is not clear how much progress has been made since Ford previously said she would testify but would not agree on the date or conditions. Then she pulled back from that commitment while seeking conditions. Now she is saying again that she would testify but again asking for conditions and negotiations.
Continue reading “Ford Agrees To Testify Next Week But Seeks Further Negotiation On Conditions”
Georgetown University professor Dr. Carol Christine Fair is under fire after her profance Twitter rant against Judge Brett Kavanaugh went viral. I have written previously in opposition to the growing discipline of teachers and professors for their political commentary on social media. This is no exception. However, I have left the posting in their unredacted original despite my view of Fair’s commentary as both vulgar and reprehensible. However, since the issue is whether such posts should be subject to discipline, they are not redacted. Warning: the tweets below contain highly offensive language. Continue reading “Georgetown Professor Under Fire For Profane Kavanaugh Rave”
The unfolding drama over the allegations of Christine Blasey Ford just got even more bizarre as Ed Whelan, president of the conservative Ethics and Public Center (EPPC) released the picture of a remarkably similar looking teenager who could have been the culprit in the alleged attempted rape. While Ford insists that she could not be mistaken, the release of the photo adds a new element to the hearing . . . and could raise some interesting legal issues after suggesting Chris Garrett (right) could be responsible for the attack. The problem is that there is not a single scintilla of evidence that has been offered to link Garrett to the alleged assault. He has simply been drop into these boiling cauldron and the only explanation is his similar looks and home in the area (which is hardly surprising for schoolmates who attended the same school).
Update: Whelan has now issued a statement that “I made an appalling and inexcusable mistake of judgment in posting the tweet thread in a way that identified Kavanaugh’s Georgetown Prep classmate. I take full responsibility for that mistake, and I deeply apologize for it. I realize that does not undo the mistake Continue reading “Reasonable Doubt Or Per Se Defamation? Republicans Throw Chris Garrett Into The Fray [UPDATED]”
Below is my column in the Hill newspaper on the demand of Dr. Christine Blasey Ford that the FBI investigate her allegation of attempted rape against Judge Brett Kavanaugh when they were high school students. Ford has been given the opportunity to present her allegations before the Senate, which delayed its Committee vote on the confirmation to the Supreme Court. She can certainly refuse to testify. However, neither the Senate nor the FBI customarily strikes such a quid pro quo agreement for testimony. Ford can testify or not testify but, if she wants her allegations to be considered, she cannot set conditions on the Senate for such testimony.
It appears that Ford is reversing her latest position and may testify next week but not on Monday and only if the Senate can demonstrate that the hearing will be fair. In the meantime, the Senate is rumored to be preparing for a female lawyer to question Ford. That is not necessarily good news. A female lawyer may have less qualms about pressing Ford on inconsistencies than a male Senate just a few weeks away from an election. If Ford does not testify, the Republicans can treat her allegations as unproven and unsupported — and move toward a final vote.
Here is the column:
Continue reading “The Decision To Testify Rests With Ford But Not The Conditions For Her Testimony”
Walter William Wolford Sr., 66, of Hagerstown, was arrested after a bystanders watched in horror as he led his wife around with a dog leash around her neck. Catherine Wolford has late-stage dementia and, according to her husband has run off in danger to herself.