Bizarre, Criminal law, Lawyering, Media, Politics

No, Trump Did Not Commit Criminal Witness Retaliation

I recently wrote a Washington Post column explaining that, while I viewed the moves by President Donald Trump against impeachment witnesses was wrong, it was not criminal as claimed by legal analysts like CNN’s Elie Honig. Yesterday, Honig responded by arguing in a column that he and “other former prosecutors” are quite confident that the action clearly constituted the crime of witness retaliation. While Honig does not actually explain how the President’s conduct specifically violated the stated elements in the federal code, even a cursory consideration of the elements of the crime belie his assertion. Trump’s actions with regard to Vineland and Sondland would not constitute criminal witness retaliation.

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Media, Politics

“Doomsday Scenario”: Washington Moves To Crush The Sanders Revolution

We have previously discussed the efforts of the Democratic establishment and some in the media to (again) derail the presidential campaign of Sen. Bernie Sanders, including the raw bias against Sanders shown by CNN reporter Abby Phillip in a prior presidential debate. Now, with Sanders’ victory in New Hampshire and rising polls, figures from both politics and media are putting on a full-court press to stop Sanders. Everyone from James Carville to MSNBC’s Chris Matthews are sounding alarms over Sanders. His victory last night was called the “doomsday scenario” by a Democratic Super PAC. The most shocking was MSNBC anchor Chuck Todd who used a quote form a columnist to compare Sanders supporters to Nazi brown-shirted thugs. It is a technique used before by Todd who reads letters or quotes from others to preserve the patina of neutrality like his recent attack on Trump supporters.

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Constitutional Law, Courts, Free Speech, Politics, Supreme Court

Ginsburg Declares ERA Dead And Calls For New Campaign

I have long criticized Supreme Court Justice Ruth Bader Ginsburg for making comments on political issues to liberal and academic groups.  While not unique on the Court in what I have called the era of “celebrity justices”, Ginsburg is something of recidivist in abandoning the long-standing avoidance of political discussions by justices as well as issues that are likely to come before the Court.  Despite repeated controversies in speaking publicly on political issues, Ginsburg is clearly undeterred.  This week, Ginsburg tripped both wires in discussing a matter in litigation and heading toward the Court while encouraging what would be a political campaign for a new constitutional amendment. As we have discussed, there is currently litigation over whether the Equal Rights Amendment was ratified by the recent vote in Virginia. Ginsburg did not wait for the appeal and announced that the ERA is dead. She then called for a new ERA movement. Both statements were inappropriate, but the statement on the status of the amendment was wildly at odds with standards of judicial restraint and ethics.

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Criminal law, Politics

All Four Trial Prosecutors Resign After Stone Sentencing Recommendation Is Rescinded

The resignation of four prosecutors in the prosecution of Trump confidant Roger Stone has set off alarms throughout Washington. Main Justice today countermanded the prosecutors in the D.C. United States Attorneys office in declaring that their demand for seven to nine years imprisonment as excessive. That alone would be serious. However, once again, President Donald Trump’s decision to publicly denounce the recommendation (shortly before the intervention of Main Justice) has raised legitimate concerns over pressure from the White House in favor of a close confidant of the President. It has also magnified the criticism of Attorney General Bill Barr and suggestions that he intervened due to Trump’s criticism. The four prosecutors who had worked on the trial, Aaron S.J. Zelinsky, Jonathan Kravis, Adam Jed and Mike Marando, filed a motion to withdraw from the case. Trump himself denies asking for a reduction in the proposed sentencing, though that is hardly necessary when you are publicly contradicting your own Justice Department. While I have long been highly critical of the Stone prosecution (and specifically critical of this clearly excessive recommended sentence), there are valid concerns raised by this series of events.

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Bizarre, Politics

Trump Calls Bloomberg A “Racist” In Tweet Over Stop And Frisk . .. Then Deletes It

President Donald Trump had another embarrassing tweet debacle today. Trump sought to highlight the recently disclosed remarks by Michael Bloomberg on the stop-and-frisk policy. Trump tweeted out “WOW, BLOOMBERG IS A TOTAL RACIST.” The problem is that in 2016 Trump supported that policy. The tweet was suddenly taken down but not before journalists like Abby Phillip took a screenshot. The issue could loom large in both the primary and general election. There are however a couple of points that could be used by both candidates in addressing criticism, though Bloomberg has already renounced his prior statements and policy.

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Congress, Constitutional Law, Justice, Politics, Society

“A Significant Escalation”: Justice Department Sues Sanctuary Cities

In what Attorney General Bill Barr has called a “significant escalation,” the Justice Department is filing actions against sanctuary cities over what is alleged as interference with federal enforcement of immigration laws and removals. As discussed yesterday, both parties seems to be going “all in” on immigration from sharply opposing positions.

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Bizarre, Media, Politics, Religion

American Conservative Union Chair Says That Romney Could Be In “Physical” Danger

The Chair of the Conservative Political Action Conference has made news this week by not only saying that Sen. Mitt Romney (R, Utah) was not welcomed at the annual conference, but that the former Republican presidential nominee could be in danger of being being assaulted in such venues. Matt Schlapp said that ” I’d actually be afraid for his physical safety, people are so mad at him.” I recently wrote a Washington Post column defending Romney but the attacks have continued, including an attack by President Donald Trump last night at a campaign rally. It appears that the “Big Tent” party of Ronald Reagan has become a pup tent of exclusion.

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Courts, Criminal law, Politics

Judge Postpones Flynn Sentencing . . . Again

The Justice Department has secured yet another postponement of sentencing for former national security adviser Michael Flynn. Even though the Justice Department recently dropped its demand for jail time, it appears to be continuing its scorched Earth campaign against Flynn. It is demanding that Flynn waive attorney-client privilege with his prior law firm to allow them to explore his claims of ineffective counsel. Given the dropping of a demand for jail time, the requested additional delay seems gratuitous and retaliatory. Nevertheless, Judge Emmet Sullivan granted the indefinite postponement.

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Congress, International, Society

Trump And The Democrats Go All In On Immigration

Somebody is really, really wrong. The Democratic presidential candidates have doubled down on the party’s opposition to the Trump immigration policies while supporting sanctuary cities, noncooperation with ICE on detainers and other issues. In the meantime, the Trump Administration is prevailing in litigation over his travel ban orders and it is now expanding the nations subject to the executive order. Both parties seem to believe that they have the voters on their side, including a new showdown in New York where Gov. Andrew Cuomo has signed the “Green Light Law” allowing undocumented persons to get driver’s licenses. That has set off a major confrontation with Homeland Security which is vowing to suspend enrollment in the Trusted Traveler Programs (TTP).

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Columns, Congress, Constitutional Law, Media, Politics

A Verdict On Our Times: How The Senate Trial Left Us With Rage Over Reason

Below is my column with the BBC on the impeachment verdict and its aftermath. A new Hill/HarrisX poll shows President Donald Trump at a record high of popularity — finding the same 49 percent level of the earlier Gallup poll. In other words, people heard what they wanted to hear in the trial — and most heard nothing at all by tuning it all out. Indeed, as discussed below, it ultimately did not seem to matter what anyone actually said as opposed to what people wanted to hear.

Here is the column:

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Media, Politics

Biden Goes Negative In New Hampshire With Race-Based Ad Against Buttigieg

Former Vice President Joe Biden is not just losing support at a rapid rate, but he has lost any moral high ground with a negative attack ad against former South Bend, Indiana, Mayor Pete Buttigieg suggesting that he has a problem with African Americans. The ad below focuses on the fact that Buttigieg fired an African American police chief and fire chief. It does not address the merits of those decisions but suggests that race may have been a motivator for the firings. In other words, it strongly suggests (without having the courage to state directly) that Buttigieg has a racism issue. There is absolutely no support for such a claim. It is a raw and grossly unfair ad. Buttigieg refrained from referring to Biden as the Vice President jokingly referred to a voter as “a lying, dog-faced pony solider.” Remarkably, in his interview with ABC this morning, George Stephanopoulos seemed to brush over the substance of the attack ad or the underlying decision.

Of course, such negative attacks are nothing new. John Adams’ campaign called Vice President Jefferson “a mean-spirited, low-lived fellow, the son of a half-breed Indian squaw, sired by a Virginia mulatto father.”

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Columns, Congress, Constitutional Law, Media, Politics

“My Open Grave”: Mitt Romney And Why Washington Admires Bipartisanship . . . At A Distance

Below is my column in the Washington Post on the vote of Mitt Romney and how his independence is a virtue celebrated selectively by the political establishment and the media. One thing that should unite everyone is the inexcusable attack on Romney’s reference to his faith by President Trump. Romney grew emotional on the Senate floor when he dismissed the “unimaginable” attacks as paling in comparison to what he would lose by violating an oath to God.  Trump responded at the National Prayer Breakfast by declaring.” “I don’t like people who use their faith as justification for doing what they know is wrong.” The one thing that I never thought would be questioned is the faith of Mitt Romney, who not only is widely known as a deeply religious Mormon but has been discussed as a possible head of the Mormon Church.  I have never been a fan of Romney’s policies, particularly his environmental policies (which are in line with Trump).  However, I have never heard anyone suggest that Mitt Romney’s faith is anything but genuine and heartfelt. I have no problem with Trump attacking the merits of his decision but the attack on his motivation is well beyond the pale.

Here is the column:

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Academia, Bizarre, Criminal law, Politics

Florida Man Arrested After Plowing Into Republican Voter Registration Booth And Then Videotaping This Own Destruction

This weekend in Jacksonville, police arrested 27-year-old Gregory Timm, who drove into a Republican voting registration tent, destroyed it, and then jumped out to celebrate his attack. This is just the latest in a long line of attacks and violent speech directed against conservatives on and off campuses. This incident follows a student screaming at young Republicans on campus at Arizona State that they should all have their throats slit.

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Congress, Lawyering, Media

Bar Complaint Filed Against Rep. Matt Gaetz By Miami-Dade Democratic Party

I recently disagreed with North Carolina Law Professor and CNN Legal Analyst Michael Gerhardt, who declared that the entire Trump defense team would face bar charges for their defense of the President. No such bar charges have been filed but the Miami-Dade Democratic Party has filed a frivolous bar complaint against Florida Rep. Matt Gaetz (R) for his role in the storming a secure congressional facility during the closed-door hearings held in the impeachment inquiry. The complaint in my view is utterly without merit and would create a dangerous precedent for bar associations to use their authority to regulate or punish the actions of lawyers in the capacity as members of Congress.

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