Ken's Comments

Biden's document scandal is worse than Trumps.  Let me define "worse" for the purpose of this discussion. Worse means President Biden's document handling should be viewed as a greater risk to national security and closer to a violation of the law than President Trump's.  That said I think the Hilary Clinton precedent is such that neither should be prosecuted for their actions. Let's start with where the documents were found.  The documents in President Trump's possession were found at Trump's Mar-a-Lago home and in a Florida storage unit.  The documents in President Biden's possession were found in locked garage, with his Corvette, at his Wilmington home, and in a locked closet at his former office at the University of Pennsylvania.  Let's compare those. President Trump's Mar-a-Lago home is secured by the United States Secret Service, along with any other private security measures that come with a secluded location like that.  The Florida s...

Put aside the argument of whether the Department of Justice (DOJ) should or should not drop charges against General Michael Flynn and let's look at how we got here and why his treatment is the norm not the exception. For those who point out General Flynn pleaded guilty (twice according to some reports) that was not his original position.  He was originally fighting these charges and relented to a plea bargain when a) he was bankrupted by the legal fees and, especially, b) when the FBI started investigating his son.  General Flynn agreed to a plea deal and to assist the prosecutors in return for them dropping the investigation of his son.  Sounds like pretty dirty pool doesn't it?  Well, it is and it's not unusual. When I was practicing law in the 1990's, seminars I attended that covered federal investigations laid out some key facts.  The Feds are like any other people or organization.  People want to advance and you advance with wins.  An investig...

A few thoughts here: 1. Donald Trump was right.  In the debate he said the President could have called in Apple and worked this out.   2. That fits in with this point - both the FBI and Apple made a mistake making this a public spectacle.  The FBI should have done this outside of Federal Court - perhaps in the FISA court or in some other way.  They should not have brought action in a way that the press could learn of this.  Similarly Apple should not have made this into the big deal it is.   If this could have been done as a one time arrangement without anyone knowing of it, all of Apple's concerns about this code leaking out and the privacy of others being at risk would be substantially mitigated. 3. Apple's legal position is not that strong.  The owner of the phone has consented to it being unlocked.  The Federal Government went to court and got a warrant based on a reasonable suspicion that the phone contains information on othe...