Columns, Criminal law, Lawyering

Did Michael Cohen Commit Perjury in the Trump Trial?

Below is a slightly expanded version of my column in the New York Post on the first day of cross examination for Michael Cohen. He still has one day of cross examination ahead of him on Thursday. With the government resting after Cohen’s cross examination, I believe that an honest judge would have no alternative but to grant a motion for a directed verdict and end the case before it goes to the jury. Judge Juan Merchan will now have to give the full measure of his commitment to the rule of law. Given the failure to support the elements of any crime or even to establish the falsity of recording payments as legal expenses, this trial seemed to stumble through the motions of a trial. Michael Cohen was only the final proof of a raw political exercise. For critics, some of Cohen’s answers appear clearly false or misleading. Like their star witness, the prosecutors have shown that they simply do not take the law very seriously when there is an advantage to be taken. Cohen has truly found a home with the office of Manhattan District Attorney Alvin Bragg.

Here is the column:

Continue reading “Did Michael Cohen Commit Perjury in the Trump Trial?” →

Columns, Criminal law

Unfixable: Michael Cohen Faces a Reckoning of Biblical Proportions on Cross Examination
C-Span/YouTube Screenshot

Below is my column in the New York Post on the first day of the examination of Michael Cohen. He is expected to start his cross examination today. How bad will it be? After lying to Congress, courts, banks, and most everyone else, it will be bad. Years ago, Cohen threatened a journalist and told him “what I’m going to do to you is going to be f—ing disgusting.” Well, that bad. On cross examination, Cohen faces a reckoning of biblical proportions.

Continue reading “Unfixable: Michael Cohen Faces a Reckoning of Biblical Proportions on Cross Examination” →

Columns, Criminal law

The Appearance of Michael Cohen: A Wreck in Search of a Race

Below is an expanded version of my New York Post column on the appearance of Michael Cohen Monday in the Manhattan prosecution of former President Donald Trump. His testimony will not be for the intestinally weak or ethically strong viewers. It has all the draw of a Nascar race on a rainy day.

Here is the column: Continue reading “The Appearance of Michael Cohen: A Wreck in Search of a Race” →

Columns, Criminal law

“I See Dead People”: Bragg’s Case Against Trump Goes Paranormal

Below is my column on the completion of the testimony of Stormy Daniels and the start of the testimony of Michael Cohen. With a dubious legal theory, the testimony has only magnified the criticism of the prosecution as parading sensational rather than material evidence before the jury and the public. Manhattan District Attorney Alvin Bragg is losing even CNN hosts and legal analysts. Fareed Zakaria noted “I doubt the New York indictment would have been brought against a defendant whose name was not Donald Trump” Elie Honig has observed that, if brought in a less Democratic district, “I would say there’s no chance of a conviction.” The Bragg case was never “normal” but last week it seemed to go paranormal.

Here is the column: Continue reading ““I See Dead People”: Bragg’s Case Against Trump Goes Paranormal” →

Academia, Media, Politics

The New York Times Denounces Cancel Culture . . . After Fueling Cancel Culture for Years

For those of us who have criticized the cancel culture in higher education for years, the attacks and shunning have been unrelenting. The media has played a role in that culture and none more prominently than the New York Times. Recently, however, the mob came for liberal professors and media who have remained silent for years as conservatives and others were targeted on campus. Suddenly, there is a new interest in free speech and academic freedom, including by the Times editors who blamed cancel culture for the recent demonstrations and disruptions on campus. Continue reading “The New York Times Denounces Cancel Culture . . . After Fueling Cancel Culture for Years” →

Constitutional Law, Lawyering, Politics

“It Simply Does Not Make Any Sense”: Judge Trashes Election Lawsuit by the Elias Law Firm
(MSNBC/via YouTube)

The firm of former Clinton campaign general counsel Marc Elias has lost another election case in a spectacular fashion. The Chief Judge of the Western District of Wisconsin, James Peterson (an Obama appointee), did not just reject but ridiculed the Elias Law Group challenge to a witness requirement for absentee voting. Elias has been previously sanctioned in court and accused of lying in the Steele dossier scandal by journalists and others. Continue reading ““It Simply Does Not Make Any Sense”: Judge Trashes Election Lawsuit by the Elias Law Firm” →

Academia, Free Speech

Vermont and Xavier Cave: Universities Cancel U.N. Ambassador as Commencement Speaker

We have been following universities as they cave to protester demands from elaborate settlement deals at Northwestern to the cancelation of commencement at Columbia and USC. Now both Xavier University of Louisiana and the University of Vermont have yielded to expected protests and rescinded invitations to United Nations Ambassador Linda Thomas-Greenfield. Continue reading “Vermont and Xavier Cave: Universities Cancel U.N. Ambassador as Commencement Speaker” →

Bizarre, Politics

“I Gave Up Shame Years Ago”: Clinton Denounces Trump for Doing What She Did in 2016

“I gave up shame years ago.” Those words from actor John Lithgow appear to have been taken to heart by Hillary Clinton who has severed any sense of self-awareness or shame in her public comments. Lithgow, who played Bill Clinton in Broadway production of Hillary and Clinton, appears to have inspired the subject of his play. In a recent interview, Hillary Clinton heralded the prosecution of former president Donald Trump in Manhattan as “election interference” by keeping “relevant information” from voters before an election. For those of us who criticized Clinton for the funding of the infamous Steele dossier, it was a perfectly otherworldly moment. Continue reading ““I Gave Up Shame Years Ago”: Clinton Denounces Trump for Doing What She Did in 2016″ →

Courts, Supreme Court

The Thomas Analogy: Why Recusal Was More Compelling for Merchan in Manhattan

There has been much talk about the decision of Judge Juan Merchan not to recuse himself from the Trump trial in Manhattan. I do believe that Merchan should have recused himself but I admit that this can be a difficult question. I wanted to address this question since it continues to be raised by the former president and others in the controversial trial. Continue reading “The Thomas Analogy: Why Recusal Was More Compelling for Merchan in Manhattan” →

Bizarre, Columns, Lawyering

Michael Cohen Goes on TikTok With New Trump Taunt … and Announces Campaign for Congress?

Fox is reporting that Michael Cohen was back on TikTok last night using the Trump trial to troll for dollars. Cohen reportedly appeared in a teeshirt showing Trump in an orange jumpsuit and asked for more followers. He also reportedly announced his candidacy for Congress, which would allow him to take one of the seemingly few oaths that the serial perjurer has not violated. Continue reading “Michael Cohen Goes on TikTok With New Trump Taunt … and Announces Campaign for Congress?” →

Courts, Criminal law

Democrats Attack Judge for Delaying Trump Florida Trial

While pundits, politicians and the press have long expressed outrage over attacks on judges by former President Donald Trump, many are now attacking any judge who delays any trial of Trump before the election. Democrats have accused Judge Aileen Cannon of being politically compromised, if not conspiratorial, in her delay of the Florida trial over the mishandling of classified documents. Yet, there is ample reason for the delay that many of us anticipated in this type of case when it was filed. Continue reading “Democrats Attack Judge for Delaying Trump Florida Trial” →

Academia

William & Mary Publishes Turley Study on American Sedition

I am happy to announce the publication of my latest law review article, which appears in 65 William & Mary Law Review 1409-1506 (2024). The article titled Rage Rhetoric and the Revival of American Sedition explores sedition-based charges from the British Crown to current prosecutions.  The article questions the purpose and need for sedition-based crimes in the modern American criminal justice system.

Continue reading “William & Mary Publishes Turley Study on American Sedition” →

Academia, Free Speech

This is Antifa: Journalist and Others Attacked at UW Event
The University of Washington became the latest scene of Antifa violence this week with an attack on a conservative reporter and several other people. Antifa often attacks reporters who are critical of their actions and the videotape shows at least one person bleeding after the attack on reporter, Jonathan Choe, and his team.

Continue reading “This is Antifa: Journalist and Others Attacked at UW Event” →

Columns, Criminal law, Lawyering

Stormy Daniels Day: Alvin Bragg Lights Dumpster Fire in Manhattan

Below is my New York Post column on the unseemly scene in the courtroom of Judge Juan Merchan as prosecutors used porn star Stormy Daniels to present lurid details on her alleged tryst with former president Donald Trump. It was a dumpster fire that Judge Merchan watched burn for a full day and then said the jury may have to disregard much of what they saw and heard.

Here is the column: Continue reading “Stormy Daniels Day: Alvin Bragg Lights Dumpster Fire in Manhattan” →

Academia

Columbia Caves: Commencement is Canceled Due to Pro-Palestinian Protests

Woody Allen once said that “80 percent of success is showing up.” Yesterday, Columbia University established its academic corollary: 80 percent of defeat is not showing up. In a disgraceful decision that deprived students of one of the most memorable moments of their lives, the university yielded to protesters who have occupied parts of the campus and buildings. Instead, graduates will be allowed to go to small-scale graduations. Continue reading “Columbia Caves: Commencement is Canceled Due to Pro-Palestinian Protests” →