Rasmussen’s daily Presidential Tracking Poll was often been cited by President Donald Trump as his favorite poll. Rasmussen is viewed as right-leaning and has generally shown Trump with higher polls than other polls. The most recent poll however shows a sharp decline in support for Trump with 61 percent of likely voters now disapproving of Trump’s performance as president.
Controversial statements by President Donald Trump in the past have often been treated by his supporters as hyperbole or not to be taken strictly or even seriously. However, a speech last Friday had some particularly chilling elements for anyone who believes in the rule of the law. Trump was speaking to law enforcement officers and urged them not to be “too nice” to suspected criminals and gang members. He further seemed to encourage intentional acts of harm and abuse in the handling of prisoners. The comments were irresponsible and should be be corrected by the White House. We recently discussed Trump’s praise for Philippine President Rodrigo Duterte, who has bragged about extrajudicial killings and encouraged police abuse. This is obviously not that extreme but it is still highly disturbing in a speech where the President has pledged that “We have your backs 100 percent” while encouraging them to be rough in handling of suspects. His comments have led to police organizations publicly rejecting the comments and assuring the public that they will not engage in such conduct.
There is an interesting case out of Michigan where the Michigan Supreme Court ruled that a man can be charged with driving while intoxicated on his own private driveway. The case against Gino Rea of Northville was reinstated in this decision (PDF) after the court found that the law encompasses any area accessible to motor vehicles, even if it is on private property.
The case of Sergio Jose Martinez, 31, in Portland, Oregon is likely to magnify the current debate over sanctuary cities. Martinez broke into the home of a 65-year-old woman and sexual assaulted her. He then stole her car and proceeded to assault another woman. He was finally arrested after a chase by police. It was discovered that Martinez was previously arrested and, despite a long criminal history and an immigration detainer, was released by authorities. He has been deported 20 previous times and has at least five probation violations.
Continue reading “Oregon Case Renews Debate Over Sanctuary Laws”
By Mike Appleton, Weekend Contributor
“We’re going to have insurance for everybody. There was a philosophy in some circles that if you can’t pay for it, you don’t get it. That’s not going to happen with us. . . . It will be in a much simplified form. Much less expensive and much better.”
-President-elect Donald Trump, Washington Post (January 15, 2017)
Even if one supports the Affordable Care Act, there was nothing satisfying about watching the legislative circus over repeal and replacement unfold in the Senate over the past few weeks. To an outsider the entire process appeared disjointed and at times almost incoherent. It became increasingly impossible to fathom what Senate Republicans were trying to accomplish. So when the final effort, an eight-page bill apparently drafted over lunch, was rejected in a 51-49 vote, the most appropriate emotional response was neither elation nor disappointment, merely exhaustion.
Efforts to lay blame for the debacle have already begun, of course. Reince Preibus has been summarily booted from the White House and the three Republicans who defied Mitch McConnell by voting against the so-called “skinny” repeal bill have been castigated by the right. But it would be wrong to think that there isn’t a way forward. That first requires that we dispel several misconceptions. Continue reading “The Health Care Debate We Should Be Having-Part One”
Below is my column in USA Today on the profane and shocking statements by the new White House Communications Director Anthony Scaramucci. The statements were later defended as “an Italian thing.” The suggestion was that this was just a form of Italian venting. It was not. First, as someone raised in a Sicilian family, I would not have been able to sit for a month if I ever spoke like that to anyone. Indeed, we just celebrated the 90th birthday of my mother, Angela Piazza Turley, in Chicago. If she read such statements by me in the press, I would have been met with a cane at the door. Second, this was not venting. It was raving and seriously undermined both Scaramucci and the Administration.
Here is the column:
Continue reading “Scaramucci’s Profane Tirade Is No “Italian Thing””
I am in Chicago, my hometown, to celebrate my mother’s 90th birthday. I always love coming home to his city, but which is beautiful in the summer. I took the kids swimming in Lake Michigan with huge waves and a perfect day. However, the city is reeling from an ever-rising murder rate. Just four years ago, the city passed 400 homicides around Thanksgiving. We just passed that mark in July in what could be a record bloody year in the Windy City.
Continue reading “Chicago On Pace For Record Year Of Homicides With 400 Murders”
The shocking comments of new White House communications director Anthony Scaramucci on Thursday has left the Trump Administration staggering around Washington with no one clearly in control of the staff and, ironically, an increase in leaks about Scaramucci and fears of the President’s staff. In the meantime, the crude comments of Scaramucci have undermined any effort of the White House to convey strength after the stinging defeat of the “skinny” health care bill. With Republicans in open revolt, the Scaramucci controversy conveys a team in disarray and division. This was the worst possible time to go full Jerry Springer.
Many were surprised — and a bit saddened — to hear President Donald Trump give a highly partisan speech at the National Scout Jamboree. For roughly 80 years, Presidents have avoided political speeches at the event. That tradition was shattered in a big way by Trump on Monday before 40,000 scouts. Now the Boy Scouts of America has issued a formal apology to all of the parents about the content of Trump’s speech — a stinging rebuke for the President. The White House responded by refusing to apologize from the departure of 80 years of precedent.
Below is my column in USA Today on the possibility of a “Doomsday scenario” where President Donald Trump first fired (or forces the resignation) of Jeff Sessions and then moves to fire Special Counsel Robert Mueller. That scenario was reinforced yesterday with reports that Trump has discussed firing Sessions and giving a recess appointment to his successor — the very scenario laid out earlier in this column. In addition, Trump blasted Sessions again yesterday — this time criticizing him for not replacing Acting FBI Director Andrew McCabe, whose wife ran for office in Virginia in 2015 and received large contributions from the Democratic Party.
Trump’s unrelenting criticism of Sessions is occurring at the same time as new leaks about his discussing not just a replacement but a recess appointment — something the Democrats have vowed to prevent. The question is whether some Republicans might join in that effort to prevent the type of Doomsday scenario laid out in this earlier column.
I have previously discussed the legendary career of Judge Richard Posner of the United States Court of Appeals for the Seventh Circuit. Widely viewed as the father of Law and Economics, Posner remains one of greatest influences on American jurisprudence in the history of this country. I have long been a great admirer of his work and teach his theories as part of my torts course. It is for that reason that I was delighted when my co-counsel sent me the interview below where Judge Posner expressed support for the proposal that I have advanced for many years to reform the Supreme Court. Posner agrees with the proposal to expand the Supreme Court to nineteen members.
Continue reading “Judge Richard Posner Declares Support For Supreme Court Expansion Proposal”
Defense counsel often discuss demeanor in court with our clients. One thing that we all agree on is that it is a uniquely bad idea to smirk during victim statements, particularly in a murder case. That is one lesson Danta Wright, 17, did not learn and it almost cost him the plea bargain negotiated with prosecutors.
Below is my column in the Hill Newspaper on the continuing debate over the constitutionality of self-pardons. While I view this question as a close one, I do not agree with commentators like Brookings Fellow Norman Eisen that any claim that a president can self-pardon is “absurd.” To the contrary, I believe that Trump would have a 50-50 chance in any challenge.
Of course, the first challenge to working out the merits of such arguments would be securing judicial view. In case like Ex Parte Garland (1866), the Supreme Court has previously treated the pardon power as largely unfettered and political in natural – a power that can be used for any federal offense before, during or after a prosecution. It is not something ordinarily subject to judicial review. It is possible that a federal prosecutor could seek to bring a charge and force a court to rule on a motion to quash an indictment based on a prior self-pardon. A decision could easily go either way on this type of close and intractable question.
Here is the column:
Continue reading “Trump And The Epiphany of Clarity: The Case For And Against Self-Pardons”
Rep. Debbie Wasserman Schultz (Fla.), the former Democratic National Committee chairwoman, has been under intense criticism over her retention of Imran Awan as a technology aide. While other members severed connections to Awan after he was accused of wrongdoing months ago, Wasserman Schultz retained him. He has now been arrested at Dulles International Airport in an alleged attempt to flee the country.
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ranian state television presenter Azadeh Namdari is known as an advocate of the strict Iranian dress codes for women that many women have bravely resisted in the authoritarian country. For that reason, a photo of Namdari sitting outside without a hijab and allegedly drinking a beer has caused a firestorm of criticism from both secularists and Islamists.