Category Archives: Law

The Mueller Indictments

Some thoughts from Dan McLaughlin:

The overall picture here looks similar to what we saw with the Trump jr. story: people in the Trump campaign were desperate for dirt on Hillary, they were willing to work with anyone to get it, and Russian interests used this desperation to play them for suckers. Papadopoulos was frequently promised things, and promising things in turn to the campaign, that never got delivered. This is a running theme of Trump’s amateur-hour foreign policy campaign team (in contrast, one would note, to the professionals now running his foreign policy shop).

Where things get dicier for Trump is that the investigation and the Papadopoulos plea both focus on how this can all be tied back to Trump and his senior campaign staff. Papadopoulos pled guilty to lying about when he went to work for Trump relative to when he started talking to the professor; he tried to convince the FBI that he already knew about the professor’s dirt on Hillary before he joined the campaign. And on March 31, 2016, well before Trump had even locked up the Republican nomination, Papadopoulos told Trump and a roomful of Trump’s foreign policy advisers “in sum and substance, that he had connections that could help arrange a meeting between then-candidate Trump and President Putin.” The meeting, like many such things, never happened, but he kept the campaign (including an unnamed “senior policy advisor for the Campaign”) apprised that he was trying to arrange one, and the plea is mostly silent on what he was told by the campaign in return. Then, in late April – still well before the June meeting at Trump Tower – the professor began dangling “dirt” on Hillary: “They [the Russians] have dirt on her”; “the Russians had emails of Clinton”; “they have thousands of emails.”

Let us pause here to note that this is precisely the situation that many of us warned was a grave risk to national security with Hillary’s insecure email server, and which Hillary and her camp loudly denied to be a possibility while basically admitting it when they started complaining during the campaign (let alone after) about Trump publicly seeking leaks of her emails. This entire story is the perfect storm of an aggressive and devious foreign regime, a Republican nominee of low character surrounded by inept and naively cynical amateur advisers, and a Democratic nominee who was heedlessly reckless with national security out of partisan paranoia. Secretary Clinton exposed herself to what amounted to easy Russian blackmail, and everything else that happened followed from that.

Yup. Worst political class in history, and worst candidates in history.

[Update a few minutes later]

Andy McCarthy: Not much there, and a boon for Trump.

But the media will continue to have their hair on fire over it.

[Tuesday-morning update]

Popehat lawsplains the Manafort/Gates indictments, and the Papadopoulos guilty plea.

Trump And John Roberts

Trump has done what Roberts would not: Start to bring ObamaCare into Constitional compliance.

I continue to believe that there was something very disturbing about Roberts’ last-minute change of position, possible including blackmail. Recent revelations about other instances of the Obama administration spying on its political adversaries do nothing to reduce that belief.

[Update a while later]

ObamaCare was built with intrinsic flaws that Trump is now exploiting. It’s what happens from the hubris of thinking that such landmark social policy doesn’t need bipartisan support.

[Late-night update]

Sorry, everyone, but Trump didn’t instigate the ObamaCare acapolypse.

Nope. It was baked into the cake.

MGM Resorts

The first lawsuit has been filed against them for the Vegas shooting. There will be more, and they’ll have to settle. Three days of “Do Not Disturb” and no attention paid to all that luggage going in and none coming out does appear to me to be negligent. Particularly since it seems to have been a comped room. I think the real lesson here isn’t about gun control, but better security in high locations near entertainment and event venues.

[Friday-afternoon update]

Karl Denninger is unhappy and unimpressed with the Vegas authorities. To put it mildly.

Bump Stocks

They’re not worth banning, but no one really cares about them that much:

Bump stocks, says Mr. Valone, “are an amusement, because they don’t under normal circumstances turn an AR-15 or another rifle into a killing machine, because you can’t hit anything with it. Only when you are presented 400 yards away with a field of uninterrupted humanity would something like that even be effective.”

Hard cases make for bad law.

Space Regulation

Glenn Reynolds has put together a short video.

A couple points: The FAA has only been regulating space since the mid-90s; prior to that it was done by a separate office that reported directly to the Secretary of Transportation. I recommended in my book that the office be taken out of the FAA and restored to its original place in DoT. Others (including NASA administrator nominee Jim Bridenstine, who told me in February that he read the book) have recommended this as well, as has the commercial industry, but they’re (unsurprisingly) getting pushback from the FAA. Over a year ago, I had an op-ed in The New Atlantis in which I said that the FAA should keep its head on the clouds, and hands off space.

If Elon really does build BFR, and wants to use it for point to point, it’s going to raise some very interesting regulatory issues. Under the current law, because it’s suborbital, it will be regulated by the Office of Commercial Space Transportation, not the aviation portion of the FAA. There will be no certification of the vehicles; they will operate under a standard launch license, and the spaceflight participants (aka “passengers”) will fly in an informed-consent regime, without the same expections of safety they’d have with an airliner. We’ll see how long some in Congress will find that acceptable.