Trump Should Mount a Vigorous Defense in Senate Trial

Townhall.com Now that the House is set to impeach President Trump for what its Nadler-led Judiciary Committee decided were “impeachable offenses,” it is time to consider what will or, more important, should happen in a Senate trial.  In my view, no matter the utter lack of substance in the articles of impeachment certain to be approved by the House this week, the president should prepare to mount a vigorous defense and Senate Republican leaders should assist, not impede him.As an Impeachment Manager in the 1999 trial of former President Clinton, I learned very early that an impeachment trial in the Senate has little in common with “normal” trials that take place daily in federal and state courtrooms according to well-established rules of procedure.  Each and every impeachment that crosses the Capitol Rotunda from the House to the Senate, comes without any pre-existing rules of procedure for the trial, whether for a federal judge or a president of the United States. The Senate must adopt by simple majority vote unique rules for the conduct of each and every impeachment trial, including whether to allow live witnesses to testify and the scope of evidence to be admitted. These are extremely important tactical decisions and Majority Leader Mitch McConnell must not allow Minority Leader Chuck Schumer to massage them into pablum. It is important the president keep these procedural nuances in mind as he decides who will represent him in the upcoming trial, and what strategy to pursue.The situation will be very different from the one Clinton faced two decades ago. In January 1999, the Democrat president confronted a Republican-led Senate. Yet, even in those...

The Fed Overreaches With Real-Time Payment Systems

The Daily CallerAs a former member of Congress who served eight years on the Financial Services Committee, I have long been concerned with the lack of transparency and unchecked authority enjoyed by the Federal Reserve System, when it comes to the manner by which it “manages” our nation’s financial system. The “Fed” was created by statute more than a century ago and has become the de facto “Central Bank of the United States,” largely immune from the checks and balances that to a large degree keep Congress and presidents accountable to voters.This never has been a healthy state of affairs, and if anything, may be worsening.In what is an admission both startling and frightening in its implications, in recent congressional testimony the Fed as much as admitted its decisions have in fact damaged our economy. Earlier this month, the Fed testified before Congress that its poor oversight and supervisory practices over the banking industry were a likely reason the Fed found it necessary to provide market liquidity for the first time since the financial crisis a decade ago.Fed Vice Chair Randal Quarles, appearing before the House Financial Services Committee said, “We have identified some areas where our existing supervision of the regulatory framework … may have created some incentives that were contributors.” He admitted to lawmakers that decisions by the Fed, “were probably not the decisive contributors, but they were contributors, and I think we need to examine them.” If history is any guide, the rest of us should best not hold our breath waiting for the Fed to actually do something.The concern here is not one that should be viewed...

A Snowflake’s Christmas Story

Townhall.comIn the 36-years since Bob Clark’s A Christmas Story first appeared on the big screen, the movie has become as much a part of the Christmas season as Santa himself. More than just a charming holiday movie, A Christmas Story captures a time in America where kids could be kids; free to roam, daydream, tussle, and yes, even nearly lose an eye, without them (or their parents) being thrown into handcuffs or hauled in front of a family court magistrate. But no longer.Today’s child-rearing environment, dominated by a combination of helicopter parents and overzealous nanny staters, allows no such freedom or independence for kids. From the earliest ages, today’s children are thrust into government-run schools where they’re put through horrific “school shooting drills.” They are told global warming will render the planet unhabitable by the time they reach adulthood. And, as for burning off this nervous energy? Not a chance. Recess, if not already eliminated, has dwindled in many school districts to just 15 minutes of rigidly structured time, with traditional games like tag and dodgeball banned for being “too mean.”Of course, today’s snowflake culture does not get any easier for kids outside the school walls. Killjoy government officials have literally made trick-or-treating a crime for kids over a certain age, and similarly have outlawed throwing snowballs. Even make believe is potentially a criminal act in public. Recently, one Minnesota child was arrested and charged with disorderly conduct for his fantasy adventures in a park, when busybody citizens caused a stir online with irrational panic about a “masked predator.” The adult idiocy prompted police to investigate; and instead of dismissing the charges as...

Trump’s Labor Department Should Drop Obama-Era Lawsuits Against Big Tech

The Daily CallerThe Trump administration has performed admirably in reducing the regulatory red tape that has strangled American businesses and limited our country’s competitiveness. But for reasons not entirely clear, the Department of Labor has lagged behind other agencies in this regard.One clear example is the way the department’s Office of Federal Contract Compliance Programs (OFCCP) has continued unnecessary and counterproductive Obama-era litigation against tech companies for alleged discriminatory wage and hiring practices.To some extent, the Labor Department’s hesitancy to retreat from a series of lawsuits against Google, Oracle, and other tech giants initiated by the prior administration can be explained by President Trump’s first Labor Secretary Alex Acosta’s cozy relationship with the Washington establishment. Thankfully, Acosta’s replacement, Eugene Scalia, son of former Supreme Court Justice Antonin Scalia, who took over the reins at the sprawling bureaucracy at the end of September, is no friend of the nanny state.OFCCP is the Great Society-era agency established to ensure private companies that contract with Uncle Sam do so without discriminatory hiring, employment or wage practices. Over the decades, this agency has taken steps to reform federal contracting policies in this regard. But its overall record has been mixed, especially in recent years.In a 2017 study, the U.S. Chamber of Commerce agreed that the OFCCP’s mission to ensure discriminatory-free practices by corporate partners was “worthy.” At the same time, however, the report set forth in extensive detail that the OFCCP in recent years had become enamored of faulty, statistics-based challenges to companies engaged in federal contracts and had repeatedly abused its powerful remedy of threatening to debar companies alleged to engage in...

We Cannot Rely Solely on the Courts to Save the Second Amendment

Townhall.comFor the first time in nearly a decade, the United States Supreme Court heard oral arguments on a case directly involving the Second Amendment. Not since McDonald v. Chicago in 2010 has the High Court taken up a gun rights case, despite several opportunities to further clarify its landmark decisions in that case and the Heller opinion two years earlier. Conservatives, however, would be well advised to hold off uncorking the champagne bottles. While the case at hand, New York State Rifle & Pistol Association Inc. v. City of New York, New York, appears ripe for a favorable ruling especially as the Court has shifted to the right since 2010, such an outcome must first overcome several hurdles.  Most important is the question of whether the Court will even issue a ruling now that New York has struck the offending law from the books, arguably making the case moot, and thereby sidestepping any strengthening of the McDonald and Heller rulings. Before the City’s clever move repealing the law, it prohibited licensed gun owners from transporting an unloaded and stowed firearm from the home to ranges or dwellings outside the city limits. Conservatives, however, point to troublesome remnants of the revamped ordinance as reasons for a definitive ruling from the Supreme Court. Also problematic is the fact that the City could reinstate the statute as quickly as it earlier repealed it.The nuanced and highly specific nature of the case also makes it less likely that the Court, even if it were to issue a ruling, would hand down the broad support for gun rights that Heller and McDonald failed to deliver. Instead, like those two cases, it is just as likely that this most recent...