Why did Hillary’s staffer plead the Fifth?

Featured image As John noted yesterday, Bryan Pagliano, the Hillary Clinton staffer who worked on her campaign in 2008 and set up her private email server in 2009, will plead the Fifth Amendment in response to a Congressional subpoena. To the casual observer, this might seem odd. Pagliano didn’t send or receive information on the server, nor did conceal or destroy any records. What crime might he have committed? Shannen Coffin answers »

Federal Judge Vacates Brady Suspension

Featured imageThis morning, Federal Judge Richard Berman made good on his courtroom observation that he didn’t think much of the NFL’s case against Tom Brady: he found that Commissioner Goodell’s arbitration decision with respect to Brady exceeded his authority, and vacated the decision in its entirety. It is rare for judges to overturn the decisions of arbitrators. I have no opinion on whether Judge Berman’s decision will survive the appeal to »

Full of Ifill

Featured imagePBS NewsHour anchor/editor Gwen Ifill tweeted her comment on Barbara Mikulski’s announcement that she would cast the thirty-fourth vote to sustain Obama’s anticipated veto of probable congressional disapproval of the Iran deal yesterday (below). Take that, Bibi. https://t.co/V9Gn9vP6xN — gwen ifill (@gwenifill) September 2, 2015 Ms. Ifill isn’t owning up; she denies that the tweet expresses her point of view. She explained to PBS Ombudsman Michael Getler and others that »

Thursday’s Obligatory Trump Post

Featured imageOne measure of the depth of Trump’s presence on the political scene today is a poll result showing that if Trump supports an idea—even a liberal idea like universal health coverage also supported by Obama—Democratic support drops substantially. Hey—maybe Trump really is a double-double agent intended to sow mayhem inside Democratic ranks too. Just check out this chart from a PuffHo/YouGov poll, which shows that when Donald Trump supports universal »

Donald Trump and the loyalty oath issue [UPDATE: Trump takes the pledge]

Featured imageThe Republican National Committee has asked GOP presidential aspirants to sign a statement pledging not to run for president next year unless nominated by the Republicans. The entire field, except for Donald Trump, made that pledge last month during the first GOP presidential debate. Trump will meet today with RNC Chairman Reince Priebus to discuss the loyalty oath issue. Trump has scheduled a new conference for this afternoon. There are »

How much smokier can a gun get?

Featured imageInvestor’s Business Daily has a media watchers’ angle that leads in to the heart of its editorial on the Clinton email scandal today: When a scandal involves a Democrat, the mainstream media always insist on a smoking gun before they take it seriously. Well, how about two of them — so far? Chuck Todd, host of NBC’s “Meet the Press,” said this week that “there is no evidence to suggest »

Has Hillary Clinton created a national security disaster?

Featured imageMost coverage of Hillary Clinton’s use of a private email server (including mine) has focused on whether she lied about her usage and whether she violated the law. This focus is natural because Clinton is running for president. Presumably, only partisan Democrats are likely to support a liar and even some of them might balk at backing a criminal. But Stanley Kurtz looks at a different and vital question, namely »

Trump on Dr. Carson: How many jobs did he create?

Featured imageAfter Ben Carson had the audacity to tie Donald Trump in a poll of likely Iowa GOP caucus-goers, I speculated that Trump would not be able to resist going after the good doctor. As if on cue, Trump has done it. Jamie Weinstein of the Daily Caller reports that Trump says he has great affection for Ben Carson, but questions whether Carson has the right experience to be president. I »

Washington Post offers glimpses of Hillary’s legal jeopardy

Featured imageThe Washington Post reported today about the latest batch of classified emails found on Hillary Clinton’s private server. The story appears at page 5 of the print edition. The piece by Carol Leonig and Rosalind Helderman is reasonably informative and not particularly biased. (The headline in the print edition is “Clinton wrote, sent classified emails on private server;” the online edition offers a more pro-Clinton spin: “Clinton, using private server, »

Media Alert

Featured imageI will be discussing Hillary Clinton’s emails and their criminal law implications on the Todd Herman show on KTTH 770 AM in Seattle. I’ll be on around 4:30 Pacific Time for two segments. »

Iran Deal Reaches Veto Threshold

Featured imageSenator Barbara Mikulski announced this morning that she will vote for the Iran nuclear deal. This gives President Obama 34 supporters in the Senate. The Associated Press hails this announcement as a big win for President Obama: President Barack Obama secured a landmark foreign policy victory Wednesday as Senate Democrats amassed enough votes to ensure the Iran nuclear deal survives in Congress, despite ferocious opposition from Republicans and the government »

CRB: Two cheers for originalism

Featured imageToday we conclude our preview of the new (Summer) issue of the Claremont Review of Books with a bonus edition featuring a book by a friend. Subscribe to the CRB here for the heavily subsidized price of $19.95 and get online access thrown in for free. Michael Stokes Paulsen is the University Chair & Professor of Law at the University of St. Thomas in the Twin Cities. Through his contributions »

Hillary Staffer to Plead the Fifth on Email Server

Featured imageThe Washington Post reported tonight that Bryan Pagliano, a Hillary Clinton staffer who worked on her campaign in 2008 and set up her private email server in 2009 will plead the 5th Amendment in response to a Congressional subpoena: A former State Department staffer who worked on Hillary Rodham Clinton’s private e-mail server tried this week to fend off a subpoena to testify before Congress, saying he would assert his »

Treason of the Professors [Updated]

Featured imageWilliam Bradford is an Associate Professor of Law, National Security, and Strategy at the National Defense University in Washington, D.C., and at the National Defense College in Abu Dhabi, United Arab Emirates. He has a Ph.D. from Northwestern and an LL.M. from Harvard. Bradford was briefly a professor at the U.S. Military Academy. He authored a long–almost book-length–article in the Spring/Summer 2015 volume of the National Security Law Journal titled »

Climate: The Road to Paris Hits a Glacier

Featured imageThe climatistas are gearing up to a big summit in Paris at the end of November, where it is hoped and expected that a major new global climate treaty will emerge—the successor to the failed 1997 Kyoto Protocol. As we get closer to the summit, I’ll go through the Obama Administration’s “potluck dinner/stone soup” strategy to ensure that this summit doesn’t collapse in failure like the Copenhagen summit in 2009. »

Wednesday’s Obligatory Trump Post

Featured imageWhile wandering around the streets of downtown Helsinki a couple weeks ago, waiting for a Finnish folk ensemble to begin their performance of what sounded like whale screeches accompanied by cello and drums, I saw two people wander by with books in Finnish about . . . Donald Trump. And more than once foreigners asked me about Trump. He’s the biggest American export to hit Europe since . . . »

Clinton emails contained top secret info derived from satellite spying on North Korean nukes

Featured imageThe latest batch of classified emails on Hillary Clinton’s private server includes information that may well be sufficient to establish that she violated 18 U.S.C. Section 793. However, as I mentioned here, we already knew that “top secret” information on her server derived from the National Geospatial-Intelligence Agency, which performs aerial surveillance, had triggered FBI concern in the first place. Even without knowing what, specifically, the information pertained to, it »