Month: June 2020

Courts, Criminal law, Lawyering, Politics, Uncategorized

The D.C. Circuit Orders Dismissal of The Flynn Case

440px-Michael_T_FlynnIn an extraordinarily rare action, the United States Court of Appeals for the District of Columbia has ordered the dismissal of the case against former National Security Adviser Michael Flynn.  The mandamus order could well be unique and was based on clear disagreement with the actions of U.S. District Court Judge Emmet Sullivan along many of the lines that I previously discussed in columns (here and here and here and here and here).  Short of an order to remove Sullivan, this is the most stinging possible rejection of the prior orders and conduct by the Court. I have a column in USA Today on the decision.

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Criminal law, Justice, Media, Politics

Prosecutors Allege Political Influence At the Justice Department In Stone Case and Other Matters

US-DeptOfJustice-Seal_svgHouseofRepSealThe House Judiciary Committee will be holding a hearing today on the allegations of political interference with the handling of Justice Department cases, including the controversy over the sentencing recommendations in the prosecution of Roger Stone, a longtime friend and confidant to President Donald Trump.  As I said on NPR this morning, I think such hearings are important and legitimate efforts to answer such widespread concerns.  (The hearing is stacked with only one witness allowed in defense of the Administration but that is unfortunately a long-standing problem in Congress).  Even though I support the congressional inquiry, I continue to believe that the sentencing recommendation in Stone was excessive and unwarranted.  I admittedly have a bias as a long-standing criminal defense attorney but I criticized the original sentencing memorandum before any action was taken by Main Justice.  I have always maintained however that Stone was corrected convicted on some of these counts and warrants some jail time for his criminal conduct, including opposition to any presidential pardon.

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Bizarre, Criminal law, Politics

“Where’s The Police When You Need Them”: D.C. Delegate Asks The Right Question After Bizarre Incident Near White House
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YouTube Screenshot

NBC correspondent Andrea Mitchell and Delegate Eleanor Holmes Norton (D-D.C.) had a bizarre encounter yesterday when a man dressed only in a bra and panties rushed them near Black Lives Matter Square and the area claimed earlier as the “Black House Autonomous Zone.” Mitchell immediately asked “where’s the police” and Norton added “where’s the police when you need them?” It is a question that many of us have been asking D.C. officials for weeks as police have stood by and watched statues destroyed and defaced around the city.  This week, D.C. Chief of Police Peter Newsham stated that his department has made the “tactical decision” not to intervene as certain statues have been torn down in front of them. I have been highly critical of both this destruction and the failure of D.C. officials to act, including the iconic bust of George Washington on my own campus at George Washington University.

Continue reading ““Where’s The Police When You Need Them”: D.C. Delegate Asks The Right Question After Bizarre Incident Near White House” →

Criminal law, Media, Torts

NPR Retracts Report That Labelled Louisville Woman As “Right-Wing” Extremist In Fleeing Armed Protester
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Louisville Metro Police Department

NPR is being hammered this week for its reporting on right-wing extremists attacking peaceful protesters.  The news organization previously showed images of a female motorist who struck a protester on Wednesday as an example of “Right-wing extremists are turning cars into weapons.”  Despite the video released quickly by the police (and the fact that police found she was fleeing a protester with a gun and did not charge her),  the woman was described as part of a pattern of protesters being innocently mowed down.  These cases often raise difficult legal questions in torts on issues of defamation and false light (combining two of the favorite subjects of this blog: media and torts).

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Academia, Free Speech, Society

MIT Chaplain Forced To Resign After Comments On Floyd Case

imagesWe have been following controversies over free speech on campuses, particularly in recent weeks involving faculty and student critics of the ongoing protests or the “Defund The Police” movement. Indeed, I have a column on those concerns this morning. The most recent controversy concerns a Catholic chaplain, Daniel Moloney, who has resigned as chaplain for the Massachusetts Institute of Technology. His removal followed his reference to the criminal record of George Floyd and equivocating comments on the problem of racism in police departments.  His case raises the question of whether the free speech concerns should be treated differently for non-academic positions.

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Academia, Criminal law, Media, Politics

George Washington Toppled At George Washington University

300px-George_Washington_University_seal.svgWe have been discussing the destruction of statues and public art in the recent protests, including a new column this morning. I have been highly critical of the defacing of our monuments and destruction of public art.  Now the destruction has reached my own campus.  The Hatchet reports that one of our iconic busts of George Washington was torn from its foundation on campus. It has not however been discussed by the University or attributed to protesters.

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Bizarre, Constitutional Law, Media, Politics

CNN Analyst Calls For Barr’s Impeachment

This-is-cnn-CNN’s legal analyst Asha Rangappa is calling for the impeachment of Attorney General Bill Barr.  Rangappa claims that Barr “tried to bamboozle the country” in the recent controversy over the replacement of Geoffrey Berman, who until Saturday had been the U.S. Attorney for the Southern District of New York. She further states that there is no ability for the Inspector General to investigate any improper conduct despite evidence that “Barr was attempting to obstruct justice by removing [Berman].  There is no such evidence and the call for impeachment shows a continuing misconstruction of the history and standard for impeachment.

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Columns, Constitutional Law, Courts, Criminal law, Free Speech, Media, Politics

Bolton’s Win Could Cost Him More Than Just Profits

John_R._BoltonOn Saturday, federal district court judge Royce Lamberth denied a motion to enjoin the release of former National Security Adviser John Bolton’s tell-all book in a 10-page order.  The book, titled “The Room Where it Happened,” is already in circulation with reporters literally standing outside of the courthouse reading from it.  As argued in the column before the decision, Lamberth rejected the injunction.  However, he lambasted Bolton for his failure to complete the classification review that he agreed to as part of his taking the position with President Donald Trump.  There are already possibly classified subjects being teased out of the book by the media.  Lamberth decried the fact that Bolton has “gambled with national security” and said that his actions “raise grave national security concerns” but “the damage is done.” Perhaps it is done for the release but the damage to Bolton may only be beginning. As Lamberth noted, he now faces civil and criminal liability, which are discussed in the column. 

Here is the column: Continue reading “Bolton’s Win Could Cost Him More Than Just Profits” →

Bizarre, Politics

Another Day, Another NDA: Trump Threatens Litigation Over A Nondisclosure Agreement With Niece

donald_trump_president-elect_portrait_croppedIn the Trump Administration, it seems that each day brings a new NDA.  From Stormy Daniels to Michael Cohen to John Bolton, NDA litigation has become the signature litigation issue of the Trump presidency.  Now, President Donald Trump has invoked a NDA in response to a new tell-all book by his niece Mary Trump.

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Bizarre, Criminal law, Free Speech, International

Scottish Man Convicted Of Calling Ex-Girlfriend’s Boyfriend A “Leprechaun”

170px-Leprechaun_ill_artlibre_jnlI have been a critic of the alarming criminalizing of speech in Great Britain through hate speech laws.  Such laws create an insatiable appetite for greater and greater speech regulation and create a sense of empowerment among citizens to silence those with whom they disagree.  Now, a Scottish man has been convicted of a message that was grossly offensive, indecent or menacing. According to the Evening Express, the prosecutor (appropriately named Susan Love) cited the fact that Terry Myers, 41, called the Irish boyfriend of his ex-girlfriend a “leprechaun.”

 

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Justice

WA Police Recruit Steps Up To The Plate, And Inspires

By Darren Smith, Weekend Contributor

In my travels I happened along a small act of community caretaking that brought a smile to the both of us. It was not so much what was done for a motorist with a disabled vehicle, but the degree of enthusiasm and resolve shown by a young police recruit in stepping up to the plate for a citizen in need that I found inspirational. So here’s a “hats off” to her and the WA Criminal Justice Training Commission for fostering such spirit.

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Justice, Lawyering, Politics

Barr v. Berman: Manhattan U.S. Attorney Refuses To Leave Office After Announced Replacement [Updated]

440px-William_Barr864px-Geoffrey_S._BermanAttorney General William Barr announced that Geoffrey Berman will be stepping down as the U.S. Attorney in Manhattan. That clearly came as a surprise to Berman who dashed off a blistering response that he is neither resigning nor stepping down until a replacement is confirmed by the United States Senate.  Berman could now be fired, but the move by Barr raises legitimate issues for congressional investigation since Berman has been at the forefront of the investigation into Trump associates, including an ongoing investigation into Trump lawyer Rudy Giuliani’s business activities.  The sudden late Friday replacement only added to those concerns and Barr needs to address these questions fully and quickly.  This is a very serious matter if Berman is being canned due to his investigations, particularly given President Donald Trump’s continual criticism of those investigations. Update: As predicted, Trump has now fired Berman and Berman has agreed to leave immediately.

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Academia, Free Speech, Media, Politics

Syracuse Student Newspaper Sacks Columnist After Questioning “Institutional Racism”

downloadWe recently discussed the apology of the New York Times for publishing a column from a leading United States Senator on the possible use of troops to quell rioting after the death of George Floyd.  That decision, and the sacking of the opinion page editor, represented one of the lowest moments in American journalism.  It made echo journalism the official policy of one of the oldest news organizations in the United States.  The lesson was not, it appears, lost on young college journalists at Syracuse University who sacked a columnist because she questioned claims of “institutional racism.” Adrianna San Marco notably did not write her opinion in The Daily Orange but she was canned for challenging this widely held view.  My greatest concern is the lack of specificity from the editors on the objections to her column beyond “reinforcing stereotypes.”  Such actions demand a clarity in the standard being applied to writers.

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Bizarre, Criminal law

The “Unkindest Cut Of All”: Florida Man To Go To Trial For Machete Attack With Facial Machete Tattoo

As a criminal defense attorney, I would consider Justin Arthur Allen Couch, 25, a bit of a challenge.  He will have to be tried on a machete attack with a large machete tattoo prominently featured on his face.

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Animals, Environment, Society

Trump Administration Sued Over Impact of Expanded Grazing Operations On Wolf Populations

Canis_lupus_layingI have often criticized the Trump Administration for its environmental policies from blocking climate control measures to rolling back on pollution regulations to developing pristine natural areas, including recent changes to hunting rules in Alaska.  Now the Forest Service is being sued over its failure on how expanded grazing operations are impacting gray wolf populations.  Given the ruling on DACA yesterday on the failure of the Administration to satisfy basic procedures requirements under the Administrative Procedure Act, this litigation will hopefully succeed in forcing a reevaluation of the operations of these private businesses on federal lands.

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Res ipsa loquitur – The thing itself speaks