Below is my column in The Hill newspaper on the Andrew Johnson impeachment trial and its reliance by Harvard Professor Alan Dershowitz to support the argument that impeachable offenses must be based on criminal conduct.
Here is the column:
Continue reading “The Johnson Fallacy: Why Dershowitz Is Wrong About The Prevailing Argument In the Johnson Trial”
It seems that the Andrew Johnson trial is finally back in vogue. It just shows that, like ties, if you wait long enough everything comes back into style.
I have written about my disagreement with Harvard Professor Alan Dershowitz‘s reliance on the trial of Andrew Johnson for support of his theory that impeachable offenses must involve criminal acts. Now, I have to raise similar objections to the other side in its reliance on the trial, specifically the comments of House manager and House Judiciary Committee Chairman Jerrold Nadler.
Continue reading “Nadler and The Johnson Fallacy”
We have previously discussed the denials of former Vice President Joe Biden that his son did anything wrong in Ukraine. As I have written, not only did Hunter Biden clearly enter into a corrupt (but arguably lawful) contract but Joe Biden did not do enough to confirm that his son was not engaging in influence peddling. Nevertheless, this week, Joe Biden continued this indefensible position and declared bizarrely that “no one has suggested my son did anything wrong.”
Continue reading ““No One Has Suggested My Son Did Anything Wrong”: Joe Biden Doubles Down On Denial”
We have often discussed the struggle of women in Muslim countries in resisting religious-based requirements for coverings and limitations on their movements and interactions. Turkey was once the exception among these countries as a secular, modern nation. That was before the rise of Islamic parties under the authoritarian President Recep Tayyip Erdogan. Turkey under Erdogan has already rolled back on protections for girls and women in abuse cases. Now the country is considering a horrific law aptly called the “marry-your-rapist” bill. Under this legislation, men accused of having sex with underaged girls could avoid punishment if they marry their victims.
Continue reading “Turkey Moves Toward Passage Of Controversial “Marry Your Rapist” Law”
Below is my column in Washington Post on a little discussed issue lingering in the hundreds of pages of briefing in the Trump Senate trial: what to do with an attempt to abuse power. Many of us have been discussing whether abuse of power is an impeachable offense. The White House maintains that it is not because articles of impeachment must be based on criminal acts. Many of us have criticized that theory as untenable and unsupportable in the history of English and American impeachments. However, the more interesting question is not what to do with an abuse of power but an attempted abuse of power.
Here is the column:
Continue reading “A “Lovely, Knotty Problem”: Is The House Impeachment Case On A Collision Course With The Law of Attempts?”
Diversity in hiring is the top priority of most colleges and universities. However, the effort to hire more women, minorities, and LGBT individuals notably lacks one group: ideological diversity. It is well-known that most faculty are composed of an overwhelming majority of liberal and democratic members. However, this view, while generally accepted, is largely anecdotal. Now a new study by Heterodox Academy Director of Research Sean Stevens and Brooklyn College Professor Mitchell Langbert claims to have put hard numbers on that lack of diversity. In reviewing records with the Federal Election Commission, they say that they found that professors gave to Democrats over Republicans by a 95:1 ratio.
Read moreWe have been following the case of Hunter Biden in Arkansas as he continues to resist efforts to confirm his wealth and establish child support for his child with Lunden Alexis Roberts. Her lawyers have been trying unsuccessfully to get access to financial records and other information and now Independence County Circuit Court Judge Holly Meyer has ordered him to appear on January 29th to “show cause, if any exists, as to why he should not be held in contempt for any of the alleged violations of this Court’s orders.”
Continue reading “Biden Ordered To Appear In Paternity Action On Threat Of Contempt”
As I discussed yesterday in the Washington Post, the White House defense in the Senate impeachment trial is built again the dubious constitutional argument that a president cannot be impeached without an alleged criminal case. That argument will be presented by Harvard Law Professor Alan Dershowitz but it is based, in my view, on a flawed reading of both impeachment and specifically the trial if Andrew Johnson. It was a mistake that will make it more difficult for Republican senators to sign on to a defense tied so closely to an untenable constitutional argument. Today, more Republican senators, including Sen. Lindsay Graham, came forward to say that they categorically reject the interpretation. Even more concerning was the response of President Donald Trump when asked if abuse of power can be an impeachable offense. He responded that “it depends.” That is actually the correct answer but it is not the position being taken by the White House on the Senate floor.
Continue reading ““It Depends”: Trump Casts Doubt On White House Legal Theory As Republican Senators Declare It Invalid”
Near midnight, the House managers and White House legal team erupted into name calling and recriminations. The confrontation led to Chief Justice John Roberts to admonish both sides and remind them that this is supposed to be the “world’s most deliberative body” and that “those addressing the Senate should remember where they are.” He also repeated a ruling from the 1905 trial of Judge Charles Swayne that there should be no accusations of “pettifogging.” With those words, the pettifog (bickering over trifles and petty disputes) dissipated from the chambers.
Continue reading “No Pettifogging: Roberts Admonishes Both Legal Teams After Late Night Outburst”
A new Gallup poll shows just how deeply and irreconcilably divided we remain over President Donald Trump. Some 89 percent of Republicans approve of Trump. That is not just reaching the record levels of Dwight D. Eisenhower, but outpaces Jesus Christ who polls only a 68 percent share and he has two holidays. However, among Democrats, the rate falls to 7% percent — a difference of 82 percent.
Continue reading “A Nation Divided: A New Poll Shows Deep And Widening Split Over Trump”
We previously discussed the allegations against former Drexel University professor Chikaodinaka Nwankpa, 57, for using $185,000 on adult entertainment and other personal expenses. He has now been charged criminally with theft by unlawful taking and theft by deception. The charging documents however revealed one curious element. Many of the charges were processed during a window between midnight and 2 a.m.
It might be easier for the New York Times to simply say who it is not endorsing. I have long been a critic of media endorsements which I view as self-obsessed as well as inimical to journalistic values of neutrality. For decades I have argued that media should end endorsements of political candidates. The Times however seems to be literally doubling down with its much ridiculed endorsement of both Minnesota Sen. Amy Klobuchar and Massachusetts Sen. Elizabeth Warren. I can certainly understand endorsing either candidate given their achievements and leadership but endorsing both is rather bizarre since they present sharply different policies and approaches. While the editorial board wrote that in choosing these two candidates was “radical” but “realist,” many of us view it as just ridiculous.
One of the most curious things to watch after the 2016 election was the unrelenting reclamation project called Hillary Clinton. It seems the unending work of powerful figures in the Washington and Hollywood establishment. The project now has a name: “Hillary.” It is the latest documentary on Hulu that seeks to show how Hillary was a victim of sexism but remains the oracle of our age. The work was the brainchild of producer Howard T. Owens and Washington power broker Robert Barnett who represents Clinton. Barnett offered undisclosed footage as an enticement for another effort to repackage Clinton’s historic loss to Trump. The film by Nanette Burstein apparently will be largely devoid of critical voices, except Hillary’s of course. Lashing out at her critics, she takes particular aim at Bernie Sanders who she seems to blame for ruining her coronation but making the 2016 Democratic primary competitive. In an ironic projection, she declares that “no one likes Bernie” — a curious view since it took the help of the DNC to rig the primary against his surging support in 2016. Clinton also pointedly declined to promise that she would support Sanders if he won the primary. Update: Clinton received overwhelming criticism and later backtracked to say she would support the nominee while adding “I thought everyone wanted my authentic, unvarnished views!” It was a reminder to many why Clinton remains an unpopular figure with many voters. Update: Clinton received overwhelming criticism and later backtracked to say she would support the nominee while adding “I thought everyone wanted my authentic, unvarnished views!” It was a reminder to many why Clinton remains an unpopular figure with many voters.
Continue reading “Hillary Clinton: Nobody Likes Bernie”
Below is my column on history — and some dubious historical claims — related to Senate impeachment trials. As with the conflicting position on witnesses of some senators, the growing narrative in the media that Republicans senators have departed from the tradition of the Senate in commenting on trial has more hypocrisy than history behind it. I have repeatedly encouraged senators not to discuss the evidence or their likely votes, but that is a rule honored historically in the breach by members of this curious trial jury.
Here is column: Continue reading “What History Really Tells Us About Senate Trials”
I have been writing on the obvious relevance of Hunter Biden as a defense witness and the equally obvious hypocrisy of some Democrats in demanding their own witnesses while refusing to consider key White House witnesses. Now. House Judiciary Chairman Rep. Jerry Nadler, D-N.Y., has suggested that, if a trade is needed to secure House witnesses, the managers will not agree to any witnesses if Hunter Biden is part of the deal. If true, is the House prepared to give up on proving its case to protect the Bidens from the ignoble moment of answering questions about the Ukraine contract? That is a considerable price to pay to protect Joe Biden. It is also another reason why the decision to rush the impeachment vote was such a historic blunder by Speaker Nancy Pelosi. If they had waited a couple months as I called for in my testimony, they could have called these witnesses and not handed over control to the Senate. Instead, they impeached by Christmas and then waited a month. Continue reading “Nadler: Hunter Biden Must Not Be Called”