FEATURE CLE POLITICS FROM THE TOP AND THE INSIDE Sponsor: Stoll Keenon Ogden PLLC CLE Credit: 1.0 Wednesday, May 11, 2016 1:15 p.m. - 2:15 p.m. Hall 1AB Kentucky International Convention Center Louisville, Kentucky A NOTE CONCERNING THE PROGRAM MATERIALS The materials included in this Kentucky Bar Association Continuing Legal Education handbook are intended to provide current and accurate information about the subject matter covered. No representation or warranty is made concerning the application of the legal or other principles discussed by the instructors to any specific fact situation, nor is any prediction made concerning how any particular judge or jury will interpret or apply such principles. The proper interpretation or application of the principles discussed is a matter for the considered judgment of the individual legal practitioner. The faculty and staff of this Kentucky Bar Association CLE program disclaim liability therefore. Attorneys using these materials, or information otherwise conveyed during the program, in dealing with a specific legal matter have a duty to research original and current sources of authority. Printed by: Evolution Creative Solutions 7107 Shona Drive Cincinnati, Ohio 45237 Kentucky Bar Association TABLE OF CONTENTS The Presenter .................................................................................................................. i A Trump-Inspired Hate Crime in Boston .......................................................................... 1 Bush Aligned Lawyer: Donald Trump's Camp is Breaking Federal Law .......................... 3 Riskiest Political Act of 2016? Protesting at Rallies for Donald Trump ............................ 5 Here is Why Donald Trump Might Have Broken the Law ................................................. 9 How 2016ers Are Breaking the Law and Getting Away with It ....................................... 11 Bernie Sanders Allegedly Broke Federal Election Law, Used Foreign Staffers in Several States ........................................................................ 13 THE PRESENTER Howard Fineman The Huffington Post Washington, DC HOWARD FINEMAN is Global Editorial Director of The Huffington Post, an analyst for NBC News and MSNBC, and author of a best-selling book of political history, The Thirteen American Arguments. He is a leader of a team that has grown Huff Post into one of the world's largest news sites with 14 editions worldwide and more than 200 million unique visitors a month. He appears on MSNBC's Hardball with Chris Matthews, Morning Joe and other MSNBC shows and on NBC's Today. Before joining Huff Post he was chief political correspondent, senior editor and deputy Washington Bureau chief of Newsweek. During the course of his award-winning career, Mr. Fineman has interviewed every president and major presidential candidate since 1988, as well as figures in business and entertainment such as Bill Gates, Ted Turner, Jay Leno and Glenn Beck. He has been awarded numerous professional honors including National Magazine, American Bar Association and Sigma Delta Chi (journalism fraternity) awards, the Alumni Award from the Columbia Journalism School; and an honorary doctorate in 2011 from his college alma mater, Colgate University. In May 2013, the University of Louisville, where he attended law school while working as a newspaper reporter, awarded him an honorary doctorate. Mr. Fineman has lectured at more than forty colleges and universities and in 2010 gave a series of lectures at the University of Pennsylvania's Kelly Writers House and Annenberg School for Communication. He has appeared on virtually every major news show, from Face the Nation and Good Morning America to Washington Week in Review to The Daily Show with John Stewart and The Colbert Report. Mr. Fineman joined The Huffington Post in September 2010 as political editor and was named editorial director of a newly created Huff Post Media Group after the company's merger with AOL in March 2011. He began his career at The Courier Journal, where his coverage of the United Mine Workers' record 111-day strike was a finalist for a Pulitzer Prize in national reporting. He also covered local and state politics and the Kentucky legislature, as well as energy and environmental issues. Mr. Fineman has won several awards to travel and report worldwide, including Watson and Pulitzer traveling fellowships to Europe and the Middle East and a Committee of 100 program award to interview leaders in government, business and the arts in China. i ii A TRUMP-INSPIRED HATE CRIME IN BOSTON One of two men who allegedly beat a homeless Hispanic man cited the Republican presidential candidate's criticism of immigrants as a motivation. Latino leaders aren't surprised. Russell Berman Aug 20, 2015 Reprinted from The Atlantic, http://www.theatlantic.com/politics/archive/2015/08/a-trump-inspired- hate-crime-in-boston/401906/, last visited April 4, 2016. The impact of Donald Trump's anti-immigrant broadsides appears to have veered dangerously far off the presidential campaign trail. Police in Boston say that one of two brothers who allegedly beat a homeless Hispanic man cited Trump's message on immigration as a motivation for their attack. "Donald Trump was right, all these illegals need to be deported," Scott Leader, 38, told officers, according to a police report cited by The Boston Globe. Leader and his brother, Steve, were arrested and charged with multiple assault charges after police said they urinated on and then assaulted a 58-year-old homeless man they found sleeping outside a T-station as they walked home from a Red Sox game. They allegedly beat him with a metal pole, breaking his nose and causing other injuries. According to the Globe, Scott Leader told police it was OK to assault the man because he was Hispanic and homeless. Both men, who have extensive criminal records, pleaded not guilty and said the homeless man started the confrontation. Officials in Boston immediately denounced the attack. But Trump, who has made no apology for suggesting some Mexican immigrants were "rapists" and calling for their mass deportation, appeared to brush off the incident when he was asked about it while campaigning Wednesday in New Hampshire. "I think that would be a shame," he said, according to The Boston Herald, in reference to the report. He said he hadn't heard about the incident but then defended his most ardent supporters as "passionate." I will say, the people that are following me are very passionate. They love this country. They want this country to be great again. But they are very passionate. I will say that. For Latino leaders who repeatedly denounced Trump's rhetoric against undocumented immigrants, the most disturbing part of the attack in Boston was how unsurprising it was. "It's a pattern that we have seen over the last decade in the nation with enforcement only policies and this anti-immigrant rhetoric," said Hector Sanchez, the chairman of the National Hispanic Leadership Agenda, in a phone interview, "I was not surprised." Sanchez said he has repeatedly warned that Trump's statements, which have been laughed off as clownish in some quarters, are taken far more seriously in the Latino community. "When Trump is having this kind of anti-Latino and anti-immigrant language, he's not only a clown talking in general, his language has a direct impact in the quality of life of Latinos," he said. Sanchez said he believed that a 50 percent rise in hate crimes against Hispanics over the last five years is "directly correlated" to anti-immigrant rhetoric from conservatives. Before Trump's emergence in the last few months, 1 inflammatory statements from Republican members of Congress like Steve King and Louie Gohmert made national headlines. Frank Sharry, the executive director of America's Voice, called Trump's response to the attack "morally bankrupt." This pattern of hateful rhetoric has officially passed the of[sic] point of extremist words and has turned into alarming action. This is more than just bad politics. When political debate encourages an atmosphere where hateful actions and hurtful rhetoric get mainstreamed, it's bad for the country. Yet with Trump's rivals in the Republican field responding to his rise by running to the right on immigration, there seems to be little that Latino leaders can do beside denounce the party and promise retribution at the polls next year. "Unfortunately, a lot of those extremist views are now reflective of the Republican Party," Sanchez said. Will the outrage of the hate-fueled attack in Boston prompt the GOP to take on Trump more directly? Perhaps. But if Trump's establishment-be-damned campaign strategy is a guide, it might not do much good. 2 BUSH-ALIGNED LAWYER: DONALD TRUMP'S CAMP IS BREAKING FEDERAL LAW Fredreka Schouten, January 13, 2016 6:07 p.m. EST Reprinted from USA Today, http://www.usatoday.com/story/news/politics/onpolitics/2016/01/13/ bush-aligned-lawyer-donald-trumps-camp-breaking-federal-election-law/78756404/, last visited April 7, 2016 The legal mind behind Jeb Bush's super PAC fired another shot against Donald Trump on Wednesday, lodging a second complaint with federal regulators that the billionaire has improperly used corporate resources to advance his presidential ambitions. Under federal law, corporations cannot contribute money or in-kind services directly to federal candidates. Charles Spies, who represents the pro-Bush Right to Rise super PAC, points out that one of Trump's corporate lawyers, Michael Cohen, recently told CNN that