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…

Schiff gives the game away

I have been afraid to turn the TV on these last few days, lest I encounter …. Adam Schiff. At   one point though, half-listening, I thought I heard him say something so outrageous, I couldn’t believe it. I rewound the TV to see if I was mistaken. I wasn’t. In my last entry here, Undermining…

Undermining Confidence in Elections

Letter in Cape Cod Times Columnist Larry Brown is quite right that “If we lose our confidence that elections are fair, democracy falls apart” (“2020 will be the year of tipping point choices,” Ideas & Opinion, Jan. 3) He is also certainly correct that Donald Trump in 2016 said that an election loss by him…

The Inspector General’s Report – A Matter of Intent

  The Inspector General of the Department of Justice, Michael Horowitz, recently released a report unappealingly titled “Review of Four FISA Applications and Other Aspects of the FBI’s Crossfire Hurricane Investigation.” In its bureaucratic prose, larded with acronyms and unnamed actors, it lives up to its dreary title. (Oddly, the Mueller Report, by contrast, whatever…

The Ukrainian Impeachment

For most Americans the Ukraine is a former member of the U.S.S.R., the home of Nikita Khrushchev and the site of terrible battles between Russian and German forces during World War II.  More recently we have come to learn that it seems to be governed alternately by pro-Russian and anti-Russian kleptocracies in which bribery and…

Mueller stumbles off stage

Democrats are justifiably frustrated that the ballyhooed testimony of Special Counsel Robert Mueller on Wednesday added nothing to his published 448 page Report. Democratic members of both the Judiciary Committee in the morning and the Intelligence Oversight Committee in the afternoon had obviously prepared for the big show, assigning different subjects to various members. They…

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…

Rife with strife at Harvard

Boston Globe Letter, May 7, 2019 It’s not nice of me, but I cannot help expressing a little schadenfreude at the pass to which Harvard has brought itself over a law professor’s defense of Harvey Weinstein (“A house divided at Harvard,” Page A1, May 5). The old verities, like the value of a lawyer defending…

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…

Trump ouster plot is bureaucratic overreach

Cape Cod Times, March 7, 2019 Contrary to the assertion in your March 2 editorial, “When is a coup not a coup?” the plotting by a group of career bureaucrats below Cabinet level at the Justice Department and FBI to invoke the 25th Amendment to remove a president they deplore is not part of their…

The Indictment of Roger Stone

On January 24th Roger Stone, a long time political activist and ally and confidante of Donald Trump was indicted at the urging of the Special Counsel Robert Mueller on 1 count of Obstructing a Congressional Investigation by failing to turn over subpoenaed records and lying about their existence, five counts of False Statements to Congress and one…