Bizarre, Free Speech, Media, Politics

American University Students Protest Election By Burning American Flag

american_university_seal-svgProtesters around the country have taken to the street in opposition to the decision of millions of their fellow Americans to elect Donald Trump. While his was a fair and free election, the results are clearly unacceptable to the protesters who seem to advocate democratic choice so long as it is their choice.
Some shouted “F–k white America!” I discussed the issue last night on Megyn Kelly on Fox News. (For interview, click here)

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Congress, Constitutional Law, Media, Politics, Society

DONALD TRUMP WINS THE PRESIDENCY IN HISTORIC VICTORY

donald_trump_august_19_2015_croppedIt appears that that “basket of deplorables” was a bit larger than Hillary Clinton expected. I was up to 4 am at Fox participating in the coverage of the election from New York. This was my fourth such presidential election as part a media team and it was fascinating to watch unfold at the campaign headquarters at Fox. History will judge the decisions of Democrats leaders in this election.  As I have previously written, many in the Democratic National Committee and establishment (including allies in the media) did everything they could to engineer the election of Hillary Clinton. While they had an extremely popular candidate in Bernie Sanders as well as Vice President Joe Biden, they insisted on advancing Clinton despite her being deeply disliked and the ultimate symbol of the establishment that the public was rallying against. As the close race indicated, the selection of a Sanders or Biden might have produced a sweep of both the White House and the Senate for the Democrats. We will never know of course but what is clear is that Clinton was the least likely candidate to prevail in this environment. Democratic leaders lost possible control of both the Senate and the White House by forcing voters to vote for someone with record negatives. Voters were clear that they did not want Clinton, but the Democrats assumed that the “lesser of two evils” approach would again prevail. They were wrong. Many people voted for third party candidates and many people on the fence refused to pick the candidate most associated with the establishment and the status quo. I expect that history will judge the work of figures like Debbie Wasserman-Shultz and Donna Brazile harshly in the roles that they played and more generally in the failure of Democratic leaders to heed the clear demand from voters for a change in leadership.  Hillary Clinton was a talented and historic nominee. However, she was also the very symbol of the establishment and heavily laden with the type of associations that the public was clearly reacting against.

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Uncategorized

RES IPSA REACHES 30,000,000

voting-ballot-box-clip-art-image-large-red-ballot-box-with-a-padlock-acinv5-clipartThe people have spoken and the results are in. No, not in the presidential election. This morning, we hit 30,000,000 views. It is fitting to hit this milestone on election day. We have strived to offer something unique among blogs as a place for civil but passionate discussion of legal and policy issues (and a few wacky stories thrown in). We continue to rank in the top legal blogs in the world and we are continuing to see a growing international readership. We often use these milestones to look at the current profile of the blog and its supporters around the world.

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Politics

Not Feeling The Bern: Recent Polls Shows Sanders Is The Most Popular Politician In America

BernieSandersAs we have previously discussed, this election has become a hate fest as both Donald Trump and Hillary Clinton who seem to be trying to get people to vote against their opponent rather than vote for them. These remain the two least popular candidates in the history of presidential politics. It is a bizarre campaign as Republicans selected the only person who could lose to Clinton and Democrats selected the only person who could lose to Trump. In the meantime, a recent poll shows that Vermont Sen. Bernie Sanders now stands as the most popular politician in the United States. If Clinton loses today, many are likely to blame DNC officials in pushing Clinton over Sanders who might have not only won the White House but swept Congress. Clinton is still favored to win but the popularity of Sanders raises the question of whether he was the crossover candidate that both parties were seeking. Of course, he has not been the target of attacks in this general election, which has left his image strongly positive. However, it is remarkable that we now have elections between people who are viewed negatively as dishonest or untrustworthy by 60 percent of voters.

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Media, Politics, Society

IT IS TIME TO END MEDIA ENDORSEMENTS

unknownIf there is one lesson that has already been learned from the 2016 election, it is that the media does actually matter . . . just not in the way that we had hoped. There has been a pronounced and rising bias against Donald Trump in the media. Some of the negative stories can be laid at the candidate’s own feet for controversial statements and actions. However, it has taken me back how consistent and aggressive the anti-Trump coverage has been in the mainstream media. It is as if Trump was declared the sole exception to the cherished media neutrality rules in this country. However, there has been an interesting response from the public, which views the mainstream media as a critical part of the “establishment.” The more the media drumbeat the call to defeat Trump, the more the public seems to swing toward the candidate. At the end of this election, the media needs to seriously examine its conduct in coverages, including the many Wikileaks emails showing both bias and coordination in favor of the Clinton campaign. One start would be something that I have long advocated: the media must stop endorsing political candidates.

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Congress, Criminal law

FBI Director Comey Announces That There Is No Basis For Criminal Charges In Newly Discovered Emails

Jcomey-100Hillary_Clinton_Testimony_to_House_Select_Committee_on_BenghaziJust two days before the election, FBI Director James Comey has announced that the new emails found on Huma Abedin’s computer does not change his earlier conclusion in July that there is no basis to criminally charge Hillary Clinton over her use of a private server, including emails containing classified information.

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Bizarre, Criminal law, Politics

Something Borrowed, Something Classified? Leaked Emails Raise Allegations Over Role Of Chelsea Clinton

WikileaksWe previously discussed the emails of Doug Band, founder of global strategies company Teneo and Bill Clinton’s personal assistant since the 1990s. Band was previously shown discussing what he called “For-Profit Activity of President Clinton (i.e., Bill Clinton, Inc.).” in securing personal wealth and gifts from donors. Now, Band is back in newly released Wikileaks emails from 2012 that suggest that Chelsea Clinton used Clinton Foundation resources “for her wedding and life for a decade.” Various sites have exploded with the news.   Another report stated that Hillary Clinton sent Chelsea classified emails. To make matter worse, a new report states that Clinton also forwarded classified emails to her maid to print out.  What I find fascinating in all of this controversy is the role of this person, Band, who appears at times cautionary and at times self-serving in his warnings to Podesta.  This allegation however is quite specific and, as discussed below, hard to believe without additional support to show foundation assets used for the Clinton wedding. I have to give the presumption to Chelsea Clinton absent some real proof of intermingling of funds and resources.

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Bizarre, Constitutional Law, Criminal law, Media, Politics

President Obama Triggers Election Eve Controversy With Interview That Suggests “Undocumented Citizens” Can Vote

unknown-1One of the controversies that has been raging in this election is the allegation of Republicans, including Donald Trump, that illegal immigrants have been voting around the country. An interview with Hispanic activist group “Mitú” has now magnified this controversy after President Barack Obama appeared to say that non-citizens could vote and that there is no way that they would be investigated. Fox News’ Neil Cavuto and dozens of sites cried foul at what they saw as an explicit encouragement of such voting.  The statement came in an interview with Mitú’s Gina Rodriguez who asked the President is “undocumented citizens” are at risk if they vote. The President assured them that they have nothing to fear. It is a extremely poorly crafted question from what appears an amateur interviewer. I do not believe that President Obama was trying to encourage illegal voting but both the question and answer left many incensed.

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Academia, Media, Society, Torts

Rolling Stone and Sabrina Erdely Found Guilty of Defamation In University of Virginia Rape Story

unknownI have long been a critic of Rolling Stone magazine and its contributing editor Sabrina Rubin Erdely (right) in its handling of the infamous campus rape story as well as the University of Virginia in not protecting the fraternity and its students in the controversy. (here and here and here). A jury has found that Erdely and Rolling Stone did defame Nicole Eramo, a U-Va. administrator who oversaw sexual violence cases at the time of the article’s publication. It is a victory for students and academics who are critical of the loss of due process rights for those accused of wrongdoing at universities, the subject of a prior column.

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Bizarre, Politics, Society

Podesta Warned: “I Hope Hillary Truly Understands Now How Batshit Crazy David Brock Is”

WikileaksHillary_Clinton_Testimony_to_House_Select_Committee_on_BenghaziOne of the issues that was raised repeatedly by Bernie Sanders and later by Donald Trump is the alliance between Hillary Clinton and David Brock, the founder of Media Matters. Brock has been widely attacked for what critics view as sleazy and vicious work on behalf of Hillary Clinton. You may recall Bernie Sanders denouncing Clinton for her continued alliance with Brock and use of his controversial PAC organizations. Sanders referred to Brock as simple “scum” but Clinton refused to denounced Brock or to discourage Democrats from working with or contributing to his PACs. It turns out that even Clinton aides were disgusted by Clinton’s refusal to cut off Brock or to denounced his work. In the latest batch of Wikileaks, Neera Tanden, the President of Center for American Progress, allegedly emailed John Podesta that “I hope Hillary truly understands now how batshit crazy David Brock is.”

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Bizarre, Constitutional Law, Politics, Society

Same-Sex Couples Seek Fees and Costs For Suing County Clerk Kim Davis

150903-kim-davis-mug-535p_83260bf402e446e833c206a6bde84a21-nbcnews-ux-2880-1000-768x524Four same sex couples are seeking more than $233,058 in legal costs from Kim Davis, the Kentucky clerk who refused to issue marriage licenses to same-sex couples in Rowan County last year. The demand raises some interesting questions over the right to recover fees and costs in such a case.

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