Category 2016

Don’t Mourn Castro, Mourn His Victims

“How should the world mourn a tyrant?” seems like a pretty straightforward question to answer: It shouldn’t. That seems lost, however, on some. It was announced late yesterday that Fidel Castro, long-time authoritarian strongman and hero to unintentionally ironic liberals and progressives, has died. While the diplomatic self-restraint of some world leaders is perhaps understandable, other […]

Checks and Balances: An Election Eve Plea

If you are one of the 90ish% of Americans who will be voting for Team D or Team R tomorrow,* this is mostly addressed to you. Tomorrow, our long national nightmare is just beginning, whoever wins over. Election returns will start coming in, and – unless Utah gives us the most unlikely upset in American history (or […]

“Congenital Liar” – Safire’s Clinton Critique, Twenty Years On

Don’t piss down my back and tell me it’s rainin’. –The Outlaw Josey Wales (1976) Fool me once, shame on you. Fool me twice, shame on me. “Why is Hillary Clinton So Widely Loved?” is certainly an odd way to begin an article, given the former Secretary of State has really bad unfavorability ratings. But […]

Massachusetts – Vote “Yes” on Question 4

To my friends who are registered to vote in the state of Massachusetts, you have an opportunity to get bad law out of the Massachusetts Code. If it makes a difference, here’s my take on why you should vote “Yes” on Question 4, which “would permit the possession, use, distribution and cultivation of marijuana in […]

Electoral Reform – An Idea Under Construction

If 2016 has lessons to provide posterity, one may be that picking the President should be a bit less democratic than it currently is. What if . . . . 1. People in the respective states vote for electors to represent them in the electoral college (remember that thing?!) once every four years: a) Each state has […]

A Tu Quoque Type Election

With the requisite respect for the sentiments of friends who are sincerely supporting either major party candidate this election, I – along with a fair amount of Americans – feel that this election sucks. I won’t bother to rundown the real-life litany of horrors true of either candidate. But I am exceptionally struck by one […]

Trump Prepares “Pivot” on Immigration (Maybe?)

2016 continues to not disappoint. It’s the drunk uncle of election years: at times funny, at times maddening, at times sad and pathetic. Here comes Univision with news that, behind closed doors, Trump has now indicated he hasn’t really meant what he said about immigrants and that he plans on supporting some form of amnesty: […]

The “Hillary Standard” Affirmative Defense – Criminal Law CLE* (pt. 1 of ??)

I admit, I am still somewhat bewildered as to why James Comey decided not to recommend an indictment for Hillary Clinton for violating the Espionage Act. The pertinent part of the statute says: Whoever, being entrusted with or having lawful possession or control of any document, writing, code book, signal book, sketch, photograph, photographic negative, […]

Hillary Clinton’s Hobbs Act Conundrum

Recent reports indicate that the FBI is engaged in an ongoing investigation of the Clinton Foundation, with the notoriously-aggressive U.S. Attorney Preet Bharara in the U.S. Attorney’s Office in the Southern District of New York assisting (which, in an interesting twist, appears to be happening contrary to DOJ Main’s desires, suggesting frustration with the appearance of compromise […]

Dear GOP – Read Rule 9 – It’s STILL Not Too Late

I was one of those types who insisted throughout the primary process that there was just “no way” Donald Trump became the nominee. As much as I understood the grassroots upswell behind him, I figured that his support would fizzle as his incompetence and unfitness became clearer and/or more relevant. Besides, we had other intelligent, […]