Replacing RBG

I have written frequently here of the Kabuki theater of Supreme Court nominations. Each Senate actor has a highly scripted role to play. There are different parts to be played by the Senate actors, depending on whether they in the Majority party in the Senate and whether they are in the nominating President’s party. Following…

“The Second Most Powerful Man in the World”

With good cause, historians have long lauded General George Marshall as the central military figure in Franklin D. Roosevelt’s prosecution of World War II. As “the Organizer of Victory” Marshall swiftly morphed the tiny U.S. Army (16th largest in the world in 1936) in the second largest and best-equipped in the world by war’s end….

After the ball is over …. will Trump go home?

The chattering classes are all atwitter. “Will Trump go, if he loses the election?” It all depends on who says he lost. Some of his critics still maintain he really lost in 2016. If the Electoral College results, opened and counted by Vice President Mike Pence in the presence of a Joint Session of Congress…

Whose Prosecutorial Discretion Is It, Anyway?

News outlets and social media are aflame with denunciations of Attorney General William Barr’s order to change the prosecutor’s sentencing recommendation to the judge in the case of Roger Stone, a gadfly Trump supporter. The excitement was created by the dramatic “resignations” of four Assistant U.S. Attorneys who had originally submitted a memo recommending a…

It’s Mueller Time 2: Obstruction

Recently in It’s Mueller Time!,” I discussed the Meuller Report’s treatment of the issue of whether President Trump or his campaign criminally conspired with the Russians during the 2016 campaign (“Russian Collusion”). I relied on Attorney General William Barr’s summary of the principal conclusions of the report. Since then the full report with very limited required…

It’s Mueller Time!

Saturday Night Live will continue Alec Baldwin’s ham-handed send up of Donald Trump but it doesn’t look like Robert DeNiro will long reprise his role as a menacing Robert Mueller. The Special Counsel has filed his final report and closed shop on his investigation of Russian interference in the 2016 election and, particularly, of whether…

The President and the Chief Justice: No Big Deal

The hearts of the chattering classes have been all aflutter this week over an exchange between President Trump and Supreme Court Chief Justice John Roberts this week. The President criticized what he described as an “Obama judge” for a ruling against the administration’s attempt to bar migrants who cross the border illegally from seeking asylum….

CNN vs. Trump

A shorter version of this sentiment appeared on November 29. 2018 as “CNN and Acosta Will Have a Lot to Answer For Later” in a letter to the Wall Street Journal. The case brought by CNN against the White House over suspension of the “Hard Pass of correspondent Jim Acosta will likely not be decided tomorrow…

The “Blue Wave” becomes a Red Trickle

The ballyhooed “Blue Wave” is not going to happen, There will be more of a “Red Trickle.” Since President Trump’s inauguration, an incessant drumbeat by the “mainstream Media” and the keepers and icons of our national culture has informed us that the reaction to Trump will be a “Blue Wave,” pouring Democrats into control of…

Birthright Citizenship: A Primer

President Trump proposes to end the long-accepted concept of “Birthright Citizenship” by executive order.  Contrary to most current commentary, there is a legitimate case to be made that he has that authority. It is not a good or persuasive argument, however, and it contradicts conservative political and judicial principles. The concept of citizenship, as it…

We shouldn’t hold our breath waiting for senators to scrap the filibuster

Boston Globe letter The Globe’s laudable condemnation of the US Senate filibuster concludes with a disappointing whimper of a suggestion that the rule be limited and a more laughable one that senators change their behavior (“Fixing the US Senate,” Editorial, March 25). The filibuster is not a provision of the Constitution but a rule of…

The House Intelligence Memo: Damning Details

There’s not much news in the House Intelligence Committee Majority Staff Memo on abuses by a few individuals at the FBI and Department of Justice (DOJ) in the use of FISA (Federal Intelligence Surveillance Act) to conduct surveillance on domestic political opponents. There is confirmation of the leaks that the discredited “Trump Dossier” a/k/a “Steele…