Page 56 - AVN Januray 2017

BUSINESS
THE ENFORCERS
Trump cabinet shaping up to embrace porn opponents
WITH THE RULE THAT
THERE WILL BE
NO FILIBUSTERS
ON NOMINEES
OTHER THAN FOR
THE SUPREME COURT, TRUMP’S CABINET
NOMINEES SHOULD
SPEED THROUGH THE
SENATE LIKE A HOT
KNIFE THROUGH
BUTTER.
LEGALESE | By Clyde DeWitt
LAST MONTH’S COLUMN, which was put to bed—literally—the day after the election results were in,
was written in the aftershock of the Democrats failing to win the White House or the Senate, which
most pundits thought they would accomplish. As this deadline approaches we have a better picture of
where the Trump administration is headed.
Trump’s designation of Mike Pence as the running mate could be explained as a ploy to garner
the evangelical vote; Pence has always been a hero of that element. However, now that he has been
elected, we could only hope that Trump’s pitch of being outside the Beltway would come to fruition.
Now we know: Not so!
With Republican control of the Senate, along with the rule that there will be no filibusters on
nominees other than for the Supreme Court, Trump’s cabinet nominees should speed through the
Senate like a hot knife through butter. The Democrats’ move of eliminating filibusters for cabinet
nominees will now come to bite them in the seat of the pants. What happened was that, in 2013, the
Democratic-controlled Senate, tired of the Republicans calling a filibuster for almost every Obama
nominee, changed the rules to prevent filibusters other than for Supreme Court nominees. Now, the
inability of Democrats to filibuster will allow Trump’s nominees to go without anything other than
some Democratic fussing.
So, who has Trump selected? After running on the platform of being a Washington outsider,
Trump’s cabinet and advisory nominees materially all come from either the Republican establishment
or the Wall Street establishment. America has been had!
Of most significance to readers of this column is the appointment of Jeff Sessions as attorney
general to run the Department of Justice. The Department of Justice is responsible for enforcing
2257. Moreover, in the last five Republication administrations (Reagan, terms I and II, Bush 41 and
Bush 43 terms I and II), the attorney general has launched federal obscenity prosecutions. So, circle
the wagons and batten down the hatches!
As to 2257 enforcement and inspections, the decision of the United States Court of Appeals for
the Third Circuit has put 2257 on hold. But with Congress and the White House under Republican
control, look for a legislative fix to address the Third Circuit decision from Congress, regulatory
changes from the attorney general’s Department of Justice, and inspections after that.
So, in charge of all of this presumably will be now-Senator Jefferson “Jeff” Beauregard Sessions III.
What’s he all about? For starters, he’s from Alabama, a state that some contend is still fighting the
Civil War. In 1986, he was bounced by the Senate from a federal judgeship nomination, evidently
because of a series of allegedly racist remarks.
The worst indication for this industry is Sessions’ position on social issues. He has been publicly
in the same pill box as the evangelicals on every single social issue on which he has spoken: abortion,
LGBT rights and so on. Figure he will be right there on sex as well.
You can count on the fact that Morality in Media (which changed its name to the National Center
on Sexual Exploitation because “sexual exploitation” is less controversial than “morality”) and other
pro-censorship groups will be in Sessions’ office the day after he takes office. And Sessions will give
them a figurative hug.
There are no longer very many readers of this column who were in the business during the 1986-
1992 era. For those who were there, you need no warning.
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For those who weren’t there, know this about those days:
After the 1986 Meese Commission report, the Department of
Justice created what might be called an obscenity strike-force
unit. The Unit went through some issues and some renaming,
but the Unit was a juggernaut. There weren’t so many adult
production companies back then, most being concentrated
in the Chatsworth area of Los Angeles’ San Fernando Valley.
Those companies materially all were subject to searches and
seizures for obscenity investigations, followed by grand jury
subpoenas of employees and then indictments. And, of course,
the arrest warrants arising from the indictments mostly were
executed on Friday afternoons, the better to prevent the
victims from posting bail to get them out before the weekend.
Employees were afraid to go to work. A frightening number of
industry leaders went to prison.
Understand that Trump’s 2020 reelection campaign started
the day after the votes were counted. He must have learned by
now how Ronald Reagan won reelection with overwhelming
support from evangelicals.
Mitt Romney, during the race for the Republican nomination,
labeled Trump as a “fraud.” Mitt was right, but maybe not for
the reason he assigned. Trump’s claim of being a Washington
outsider has proven to be just that: a fraud. So far, his proposed
appointments have materially all been Washington insiders,
Wall Street insiders or clear sympathizers with one or the other.
An aside: Last month’s issue focused on the emerging legal
marijuana industry. Watch out! Marijuana remains classified
as a narcotic under federal law. The Obama administration has
looked the other way to allow states to legalize and regulate
marijuana. However, Sessions is a very committed opponent
to legal marijuana. If you are in that business, check the
sentencing guidelines. You could be facing a 20-year minimum!
The election could be a dramatic change in this industry.
Keep your powder dry.
Clyde DeWitt is a Las Vegas and Los Angeles attorney, whose practice has been
focused on adult entertainment since 1980. He can be reached at
clydedewitt@earthlink.net. More information can be found at ClydeDeWitt.com.
This column is not a substitute for personal legal advice. Rather, it is to alert
readers to legal issues warranting advice from your personal attorney.