Michael Avenatti, charged with stealing millions from clients' settlements, discusses representing himself in his criminal trial. The podcast also explores revising Section 230 to hold social media platforms accountable for vaccine misinformation. Tom Barrack's indictment and advocacy for foreign countries are additional topics of discussion.
The indictment of Tom Barrack highlights the blurred line between agency and personal interest in cases involving foreign governments, emphasizing the importance of enforcing registration requirements under the Foreign Agents Registration Act (FARA).
The Biden administration's push to combat vaccine misinformation by social media platforms raises concerns about free speech rights and governmental influence, as platforms have the right to moderate content but cannot be forced to prioritize partisan agendas.
Deep dives
Tom Barrack's legal troubles as an alleged UAE agent
Tom Barrack, former chairman of Donald Trump's inaugural committee, has been indicted for allegedly acting as an agent of the United Arab Emirates (UAE) and seeking to influence the Trump administration. While the indictment does not explicitly detail financial transactions, it is not a statutory requirement to show payment in Foreign Agents Registration Act (FARA) violations. The First Amendment does not guarantee immunity for advocating on behalf of another country, but FARA forces agents to register their activities. The Biden administration's recent push to combat vaccine misinformation by social media platforms raises First Amendment questions as well, as platforms maintain the right to moderate content but cannot be compelled to base their decisions on partisan interests. Mo Brooks, an Alabama congressman facing a lawsuit accusing him of inciting the January 6 Capitol riot, has asked the Department of Justice (DOJ) to defend him, claiming that his actions were part of his role as a government employee. The request highlights the blurred line between campaign events and official duties, but it is inconsistent with established case law. The argument reflects a policy preference that could lead to a surge of lawsuits targeting statements made during campaigns. The op-ed's mention of the Constitution not being a suicide pact implies a disregard for constitutional principles when faced with perceived absurd outcomes, rather than advocating for legal amendments or proper adherence to the law.
The Biden administration's push on social media platforms
The Biden administration is urging social media companies to take action against vaccine misinformation on their platforms. However, the government lacks the constitutional authority to mandate specific actions related to content moderation or algorithmic changes. While the government can persuade companies to act responsibly, it cannot compel them to regulate speech not falling under established First Amendment exceptions. Messaging that clarifies the voluntary nature of these requests would help avoid legal challenges and accusations of improper government influence. The op-ed argues that the administration's rhetoric risks conflating the Biden administration's position with the social media companies, potentially leading to legal complications.
Arguments surrounding Mo Brooks' lawsuit defense
Mo Brooks has requested that the Department of Justice (DOJ) step in to defend him in a lawsuit filed by Eric Swalwell, alleging that Brooks' pre-Capitol riot actions incited the violence of January 6. Brooks argues that his statements were made in his capacity as a government employee during a private campaign event, warranting DOJ intervention under the Federal Court Claims Act and the Westfall Act. This argument clashes with prior court rulings that recognize campaigning and promotion of one's image as integral to a politician's role. Seeking amendments to the statutes at issue would be a more appropriate course of action. The op-ed criticizes the invocation of the Constitution not being a suicide pact, viewing it as an unsound rhetorical device that fails to address legal realities or advocate for proper legal processes.
Interpreting the indictment against Tom Barrack
Tom Barrack, former chairman of Donald Trump's inaugural committee, has been indicted for acting as an unregistered agent of the United Arab Emirates (UAE). The indictment does not explicitly mention financial compensation, but such a requirement is not needed under the Foreign Agents Registration Act (FARA). While the First Amendment does not protect agents advocating for foreign governments, FARA obligates them to register their activities. The indictment against Barrack highlights the blurred line between agency and personal interest. The Biden administration's recent focus on combatting vaccine misinformation by social media platforms raises questions about free speech rights and governmental influence, as social media companies have the right to moderate content but cannot be forced to prioritize partisan agendas. Mo Brooks' request for DOJ defense in a lawsuit accusing him of inciting the Capitol riot raises further concerns about distinguishing official duties from campaign events, although it contradicts established case law. The op-ed's reference to the Constitution not being a suicide pact is criticized as an unreliable rhetorical claim that lacks substantive legal analysis.
This week, Michael Avenatti told a federal district judge in California that he would like to represent himself in his second of three criminal trials, in which he is charged with stealing millions from his clients’ settlements. There are a lot of reasons why hiring a lawyer is a very good idea and a very smart idea. Is it possible, though, that Michael Avenatti could be making a good decision, even though his experience in criminal law is, uh, as a defendant?
Also: like former President Trump, the Biden administration has beef with social media companies. Ken and Josh examine whether Section 230 of the Communications Decency Act could be revised to hold platforms accountable for misinformation around vaccines.
Then: Tom Barrack, who chaired President Trump’s inaugural committee, is the latest prominent Trump-tied figure to be indicted. He’s facing charges related to alleged lobbying of the Trump administration on behalf of the United Arab Emirates.
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