Columns, Congress, Lawyering, Politics

Marc Elias and the Demise of the Faux “Save Democracy” Movement
(MSNBC/via YouTube)

Below is my column in the New York Post on the reappearance of Marc Elias in leading the effort to undo the victory of Dave McCormick in Pennsylvania. While some have distanced themselves from the controversial Democratic lawyer, Sen. Bob Casey has embraced Elias in his effort to retain the seat. Despite being sanctioned and ridiculed by courts in prior cases, Democrats continue to enrich Elias, who is the personification of the hypocrisy of some self-appointed “save democracy” champions. Casey continued on Tuesday to refuse to concede. Every candidate has a right to have all of the votes counted. However, regardless of the outcome of the effort, Casey’s association with Elias destroys any moral high ground for him and his campaign.

Here is the column: Continue reading “Marc Elias and the Demise of the Faux “Save Democracy” Movement” →

Politics, Supreme Court

“Remember, Remember, the 5th of November”: Democrats Seem to be Moving on From Democracy

Democracy appears to be losing its appeal on the left. After campaigning on panic politics and predicting the imminent death of democracy, some on the left are now calling to burn the system down in light of Republicans not only taking both houses and the White House but Trump likely winning the popular vote. Continue reading ““Remember, Remember, the 5th of November”: Democrats Seem to be Moving on From Democracy” →

Columns, Congress, Courts, Criminal law

The Second Resistance Movement: Why the Campaign Against Trump This Time is Different

Below is my column in The Hill on the growing calls for an organized resistance to the Trump Administration by Democratic governors and prosecutors. They may find, however, that the resistance movement this time around will be facing significant legal and political headwinds.

Here is the column: Continue reading “The Second Resistance Movement: Why the Campaign Against Trump This Time is Different” →

Columns, Media, Politics

Curtain Pull: How Trump’s Election Produced a Moment of Unintended Honesty

Below is my column in Fox.com on the response of media figures to the Trump victory on election night. The meltdown was a moment of honesty for some in revealing the bias harbored by many in the industry. That curtain pull offered a glimpse of the Great Oz that some will be difficult to unsee.

Here is the column:

Continue reading “Curtain Pull: How Trump’s Election Produced a Moment of Unintended Honesty” →

Academia, Politics

Yale Psychiatrist: Harris Voters May Need to Cut Off Friends and Family Members

With women pledging to break up with their boyfriends and divorce their husbands over the Trump victory, Yale University chief psychiatry resident Dr. Amanda Calhoun is advising that it may also be necessary for your mental health to cut off your family and friends who supported Trump. In that way, you can avoid being “triggered” by opposing political views — much like Yale itself. Continue reading “Yale Psychiatrist: Harris Voters May Need to Cut Off Friends and Family Members” →

Academia, Free Speech

Student President of Harvard’s Institute of Politics Calls for the End of Nonpartisanship After Trump Victory

The president of Harvard University’s Institute of Politics has declared that the lesson of the blowout 2024 election is not a need for greater inclusivity and balance at the school but, you guessed it, the express abandonment of nonpartisanship going forward. While many would argue that the school left neutrality behind years ago, Pratyush Mallick is calling in an op-ed for The Harvard Crimson for an official change. It would align the Institute with the building “resistance” and reject not just nonpartisanship but neutrality in its programs and grants. Continue reading “Student President of Harvard’s Institute of Politics Calls for the End of Nonpartisanship After Trump Victory” →

Academia, Torts

Professor Luna Teaches Animal Liability at George Washington Law School

This week, the students in my day (left) and evening (right) torts class received a lecture from the leading American expert on animal tort liability, Professor Luna.  Herr Professor taught subjects like animus revertendi with the insight and intensity expected from a world renown canine academic. Continue reading “Professor Luna Teaches Animal Liability at George Washington Law School” →

Columns, Criminal law, Politics

Behold The Flying Dutchman: Trump Prosecutors Find Themselves on Listless Ships Without a Port of Call

Below is my column in The Hill on the collapse of the lawfare campaigns against Trump. The first to go will likely be the two cases by Special Counsel Jack Smith, who became a lame-duck prosecutor at around 2:30 am last Wednesday. We are also waiting for what is likely to be a reduction or even a rejection of the Trump civil case by Attorney General Letitia James. While Democratic prosecutors are likely to continue, if not ramp up, their lawfare efforts, Trump will enter office with a fraction of the existing legal threats that have dogged him for years. For prosecutors, they are left like the ancient mariner:

 

Day after day, day after day,
We stuck, nor breath nor motion;
As idle as a painted ship
Upon a painted ocean.

Here is the column: Continue reading “Behold The Flying Dutchman: Trump Prosecutors Find Themselves on Listless Ships Without a Port of Call” →

Columns, Criminal law, Politics

The Thrill is Gone: Will the Prosectorial Campaigns Collapse with the Political Campaigns Against Trump?

Below is my column in the New York Post on the developments in the pending Trump cases. I previously wrote that, if Trump prevailed in this election, it was likely that Special Counsel Jack Smith would “not see a jury in either of his cases.” This morning, Smith is reportedly in discussions on the possible dropping of his two federal cases against the president-elect. The prosecutorial campaigns appear to be collapsing with the political campaigns against Trump.

Here is the column: Continue reading “The Thrill is Gone: Will the Prosectorial Campaigns Collapse with the Political Campaigns Against Trump?” →

Columns, Politics

The Best of Us: In the Midst of a Rage Election, a Reason to Have Hope

Below is my column in Fox.com on the rising rage in this election. This week, New York Gov. Kathy Hochul added her voice to the rage and said that anyone voting for Trump is “anti American.” Despite such statements, I found a reason to be hopeful in a brief encounter on my way to New York for the election coverage.

Here is the column: Continue reading “The Best of Us: In the Midst of a Rage Election, a Reason to Have Hope” →

Media, Politics

Ha, Ha, Thump: Why the Last Minute SNL Pitch for Harris is No Laughing Matter

Below is my column in USA Today on the controversy at NBC after Vice President Kamala Harris was given a cameo appearance on Saturday Night Live just days before the election. It was the latest push by media companies to put a thumb on the scale of the election.

Here is the column: Continue reading “Ha, Ha, Thump: Why the Last Minute SNL Pitch for Harris is No Laughing Matter” →

Columns, Politics

Something Wicked This Way Comes: Both Parties Deploy Legions of Lawyers For Election Challenges
Below is my Hill column on the current litigation controversies around the country. We are still watching litigation playing out just a day before the election. At the same time, we have some figures like Rep. Jamie Raskin (D., Md.) reserving any recognition of a victory unless they are satisfied with the integrity of the election. While I remain hopeful that the courts have gotten a head start on addressing many issues, there is a virtual army of lawyers in place from both major parties waiting for a green light to deploy. We just had a new filing in Georgia over handing in mail ballots and the Supreme Court has ruled against a RNC challenge with a statement that essentially said “don’t sweat the small stuff” when only a tiny number of ballots are impacted.
Here is this column: Continue reading “Something Wicked This Way Comes: Both Parties Deploy Legions of Lawyers For Election Challenges” →
Congress, Politics

“We’re Not Going to Allow Them to Steal it”: Raskin Repeats Trump-Like Reservation on Accepting Election Results
On Bill Maher’s HBO Show on Friday, Rep. Jamie Raskin (D-MD) appeared to repeat his reservation about accepting a Trump win in the presidential election. Raskin said that Democrats will only support a “free and fair election.” Trump was widely criticized for the same position when he said “If everything’s honest, I’ll gladly accept the results.” Continue reading ““We’re Not Going to Allow Them to Steal it”: Raskin Repeats Trump-Like Reservation on Accepting Election Results” →
Criminal law, Free Speech, Politics

No, the Trump Comment on Cheney Was Not a Crime

Yesterday, Arizona Attorney General Kris Mayes became the latest Democratic prosecutor to suggest a possible criminal charge against former President Donald Trump. Mayes suggested that Trump’s controversial statement on Liz Cheney going to war could constitute a criminal threat. It is absurd and Mayes knows that any such charge would collapse before any remotely objective trial judge. Continue reading “No, the Trump Comment on Cheney Was Not a Crime” →