Dominion v. Fox News

 

In the defamation lawsuit brought by Dominion against Fox News both sides have moved for summary judgment. Dominion has presented an impressive array of documentary proof and startling admissions by Fox’s senior management, demonstrating that Fox and its leading anchors knew that they were airing false claims that Dominion’s voting machines were tampering with the vote count to aid Joseph Biden.
Nevertheless, the Delaware judge hearing the case would be well advised to reserve decision or deny the motion and allow the matter to go to trial before a jury. If the judge deems the jury’s verdict to be legally erroneous, he can then grant appropriate relief to the wronged party notwithstanding the verdict. By doing so, the judge will have preserved, for appellate review, both his own judgment and that of the jury. Further, the jury should have an opportunity to assess the extent of punitive damages, if any, it may find appropriate.

The Trump Affair Should Be Resolved in a Manner That Best Serves the Nation

It is ironic, and tragic, that the one person who most effectively can heal the divide festering in the nation, is Donald Trump. Unfortunately, given Mr. Trump’s history and character, which is unmoored to any moral foundation, he is not likely to act in the best interest of his country.

To uphold the rule of law, which is the bedrock of a democratic society, it is imperative that Mr. Trump, and those who aided and abetted him, be criminally charged with inciting an insurrection and obstructing governmental proceedings. If he is brought to trial, no matter the outcome, a substantial segment of the American public will be outraged and remain convinced that Mr. Trump is the victim of political retribution. The nation’s warring notions of justice and patriotism will be further widened and reinforced. The prospect of reconciliation will be dimmed, if not extinguished, and the nightmare of a “national divorce “ will become more real.

Perhaps Mr. Trump can be persuaded to rationally assess his legal peril and act in his own best interests. The prosecution should offer to dismiss the criminal charges against him (though not against his collaborators) in exchange for a public admission by Mr. Trump that the 2020 presidential election was fairly conducted and lawfully won by Joseph Biden, that his attempt to overturn the results was legally, constitutionally and morally wrong and that the assault on the Capitol was a form of domestic terrorism that must never be repeated. He must also agree never again to seek public office.

The incentives for Mr. Trump, to make these admissions and give an assurance of political retirement, are readily apparent. He would obviate the need for a long and expensive trial and appeal, avoid the likelihood of criminal conviction and escape the prospect of imprisonment. He would spare his daughter the pain of testifying against him and spare the nation the ugly and unprecedented spectacle of trying and imprisoning a former president.

Perhaps more appealing to Mr.Trump, he might achieve some small measure of historical redemption by helping to insure, however belatedly, the survival of his country and our democracy despite the cataclysm he has unleashed.

This resolution will not appease the hardened racists and fascists who used Mr. Trump to advance their insidious goals, much as he used them. But a trial which resulted in an acquittal, or a conviction would exacerbate the widely shared belief of victim hood and retribution while a hung jury would only further the existing national division.

Hopefully, admission of wrongdoing and relinquishment of political office, in exchange for dismissal of criminal charges, would be accepted as fair and reasonable by a preponderance of those rational supporters of Mr. Trump who make up a majority of his base and allow the nation finally to bind up its wounds and begin to reconcile.

North Dakota Set to Ban Books

 Book banning is akin to book burning, and North Dakota is poised to join other red states that have acted to “protect” readers from exposure to explicit sexual material regardless of its artistic or social merit. Librarians who make such material available can be prosecuted as criminals.

The next step will be the outlawing of books, films and art that convey controversial ideas or politically objectionable viewpoints.

This assault on free expression is part and parcel of the march to curtail voting rights, impede equality of opportunity, enshrine gun rights and impose religious uniformity.

Make no mistake, this nation is at an inflection point: It will either overcome these dangerous incursions and emerge a freer and more open society or it will descend into the darkness of autocracy.

As Biden Visits Ukraine Republicans Carp

 

Shame on those Republican House members whose patriotism is so shallow that they criticize the Commander-in-Chief even as he exposes himself to potential danger by traveling to a war zone to show support for a beleaguered ally. This is clearly a new era when partisanship no longer stops at the water’s edge but is waged worldwide even when it weakens America’s essential foreign policy interests.
The new breed of Republican politicos is committed to criticizing every move made by the President no matter how successful. They can find no action taken by Mr. Biden worthy of even grudging approval; every policy is wrong-headed, incompetent, or un-American. If this continues to be the prevailing posture of one of the two major political parties that constitute the structure of our electoral system this country is destined to become ungovernable.

Republicans Recite Constitution

 Republicans, bent on demonstrating their professed patriotism, began the current Congressional session by reading aloud the Constitution. Everyday members of the House recite the Pledge of Allegiance and now, are required to pledge a second time at the start of each committee hearing.

Notwithstanding their patently exhibitionist performances, Republicans would do well to honor the oath each took, to uphold and defend the Constitution. Reading the document aloud, and constantly repeating the Pledge, rings hollow and does not camouflage nor excuse the disrespect shown by many Republican representatives for the rule of law and the ideals of a true constitutional democratic republic

Barr Pressed Durham To Find Flaws in Russia Investigation

 Everything we suspected about the Durham probe of the Russia investigation has been proven true by a sterling bit of journalism by New York Times reporters.

Durham, though a prosecutor with a reputation for rectitude, succumbed to Donald Trump’s importuning and the corrupt prodding of AG William Barr and tried to manufacture a false narrative that would condemn Hillary Clinton and justify the wild claims of a Deep State conspiracy spewed by Trump and Fox Network propagandists.
Durham came up with nothing other than two failed prosecutions, disaffected colleagues who resigned rather than be associated with his tainted report and a damaged reputation. Barr, notwithstanding his belated recognition of Trump’s chicanery, will leave a dark stain in the history of the Department of Justice.

The Classified Documents Fiasco

 

The Biden administration has handed Donald Trump a get out of jail free card, at least so far as the Mar-A-Largo documents case is concerned. Granted there is a vast difference between the circumstances underlying Trump’s retention of multiple top-secret documents and obstruction of their recovery and Biden’s apparently minor slip up which was speedily remedied.
The American public, the right-wing media and Republican politicians are not known for drawing fine distinctions. The sure to be raised defense of “whataboutism” will likely persuade the Justice Department to forego an otherwise slam dunk prosecution of Mr. Trump, knowing that it may be extremely difficult to convince a jury to unanimously agree that there a rational basis to treat the two matters differently