In torts, there is a doctrine called the “egg shell thin skull rule” where a defendant can be sued for the full damages of a tort even though the victim was especially susceptible to injury. It is the concept that “you take your victim as you find him.” Blaine Manalle, 20, is now personally familiar with the criminal counterpart to that rule. She is facing a second-degree murder charge after allegedly hitting Jeffery Howell in the head. Howell just had brain surgery and the blow fell on the still healing surgery incision behind his ear.
Category: Bizarre
Rachel Camille Calhoun, 24, in Forestdale, Alabama allegedly had a novel way to to rob the Regions Bank in Forestdale. Police say that she gave the bank manager a stark choice: Given her $6,000 and accept sex in return or she would accuse him of sexual assault. He opted for the third option and called police.
Democrats and media figures continue to struggle with the truth of the abuses of former President Bill Clinton who has been accused by multiple women of everything from sexual harassment to rape. Dozens of reporters have interviewed Clinton without seriousness questioning him on these past allegations until recently. Even after a year of “MeToo” stories, only this month did an interviewer risk the ire of Clinton supporters to press the former president. Clinton became immediately condescending and dismissive. The continued muted response to Clinton’s past is evident after a rather shocking claim in a new interview with PBS NewsHour where Clinton explained that “what you can do to someone against their will” has simply changed. Continue reading “Clinton: Standards Have Changed Over “What You Can Do To Someone Against Their Will””
We have been discussing the growing number of idiots who are leaving graffiti and destroying national and state parks (here and here and here and here and here). Now some teenager has defaced the incredible Colorado National Monument with juvenile graffiti meant to convince a girl to go to the prom. The stunt could cost the culprit six months in jail. Indeed, until judges hand down some serious jail time, people like this will continue to deface our national parks. Continue reading “High-School Student Defaces the Colorado National Monument With Graffiti”
There is an interesting new story about a bizarre practice by President Donald Trump who reportedly rips up material given to him despite the duty to preserve the documents under the Presidential Records Act. Two staffers have recounted how they were required to spend considerable time taping the documents back together to stay in compliance with the PRA. They reportedly complained about the duty for people making $60,000 a year. They were suddenly fired. This Humpy Dumpty duty raises some serious questions of federal violations. Continue reading “Humpy Dumpty Duty: Trump Regularly Rips Up Documents, Requiring Staff To Tape Them Back Together To Comply With Federal Law”
Constance Koulmey has been awarded over $100,000 after she was hit by a bowl of pasta thrown by lawyer James Sweeney. She alleged that she received a head injury from the bowl that Sweeney threw at another restaurant customer. That left an al dente on her head that was enough for the Waterbury, Connecticut jury to find in favor of her battery claim.
West Point graduate and Army infantry officer Spenser Rapone has been drummed out of the military after receiving an “other than honorable discharge” from the military. He caused a stir with a posted photo of his West Point cap with the words “Communism will win” written inside. He also displayed a Che Guevara T-shirt underneath his uniform jacket. Rapone is clearly a dedicated socialist, but the action raises the issue of whether being a communist or socialist is disqualifying. His removal is widely tied to a letter sent by Sen. Marco Rubio (R., Fl.). Rapone is scheduled to be a featured speaker at the conference “Socialism 2018” in Chicago this year.
Continue reading “Controversial Socialist Army Officer Given “Other Than Honorable” Discharge”
The State Department was eager to brush over miffed feelings connected to the G-7 meeting, particularly with Germany. Perhaps a bit too eager. State Department spokeswoman Heather Nauert was striving to list examples of our close historical relationship and included the D-Day invasion. It is true that that was a key moment in our “relationship” but it was hardly a positive one.
There has been continued controversy over the penchant of President Donald Trump to pardon celebrities or political figures or, most recently, a woman who was championed by Kim Kardashian. Today Trump announced that he is considering a pardon for the late boxing sensation Muhammad Ali — not long after he granted a posthumous pardon to boxing legend Jack Johnson (who was advocated for by celebrity Sylvester Stallone). This case however raises the added curiosity that Ali’s conviction was overturned by the Supreme Court in Clay v. United States, 403 U.S. 698 (1971)(when Ali was still under his birth name of Cassius Clay). Obviously, there is no conviction to pardon or commute in this case. In addition to the overturning of the conviction, draft dodgers were given amnesty previously by both Ford and Carter. Continue reading “A Pardon For Muhammad Ali Is Neither Needed Nor Warranted”
Rudy Giuliani has often strayed far beyond his brief as a lawyer representing the President in the Russian investigation. These include controversial comments about Korean nuclear negotiations where he was criticized widely in falsely predicting an imminent change. Most recently, while in Israel, Giuliani told the world that Kim Jong-un “got back on his hands and knees and begged” for the United States to revive the Singapore summit. Now, Giuliani is not being contradicted by a foreign leader but the first lady. Giuliani, also during the Israeli trip, declared on the Stormy Daniels scandal that the First Lady “believes her husband, and she knows it’s untrue.” That led to the rare push back from the First Lady’s office from her spokesperson and East Wing communications director Stephanie Grisham that “I don’t believe Mrs. Trump has ever discussed her thoughts on anything with Mr. Giuliani.” In Washington talk, that is a take down. The First Lady rarely issues statements and this statement would never be released absent her consent.
This has been quite a trip of Giuliani in tripping wires and causing controversies. He also attacked Daniels as beyond belief as someone who “sells her body for sexual exploitation.” At least those comments were tangentially related to his brief for the president. The comments on high-level diplomatic matters or the relations between the first couple are well beyond what most lawyers would feel comfortable discussing in public. My concern is that it shows a continued lack of message discipline and focus on the legal team. In this case, that lack of discipline led to a countervailing statement of the First Lady’s spokesperson. In other words, it made the record worse for his client.
Lieutenant Joshua Philip Yabut, 29, apparently thinks a luxury SUV or a corvette is not grand enough for grand theft auto. Instead, he went with the M577 armored command vehicle, which he stole from Fort Pickett, a Virginia Army National Guard facility. He then took police on a 60-mile chase. Yahut previously sought to run against Sen. Tim Kaine (D., Va.) but failed to file the proper forms.
An off-duty FBI agent shot a bar patron in the leg after he did a dance move in the Mile High Spirits Distillery and Tasting Bar that allowed his service weapon to fall to the floor. When he picked it up, it discharged striking the patron. This could make for an interesting tort action.
Continue reading “FBI Agent Shoots Bar Patron After Weapon Falls From Pants During Dance Move”
There is an interesting (and rather disgusting) case out of Idaho where science teacher Robert Crosland is facing six months in jail after a national controversy over his feeding of a live puppy to a snapping turtle in front of students in his class at Preston Junior School. The exercise would ultimately lead to the death of both the puppy and the turtle in addition to the criminal prosecution of Crosland.
As I discussed on Morning Joe this morning, I was surprised when President Trump’s counsel Rudolf Giuliani declared in an interview that Trump could have shot James Comey in the Oval Office and not faced indictment under the Constitution. For those of us who have long argued against sweeping immunity arguments in favor of presidents, this is the hypothetical that we often raise to prove our point. It is bizarre to hear someone use it as an argument in favor of such immunity claims. I have previously written that I believe a sitting president can be indicted. Article II is not where the homicidal meets the constitutional.
Continue reading “Guiliani: Trump Could Have Shot Comey In Oval Office And Not Face Indictment”
In yet another contradiction from the Trump legal team, the recent letter to Special Counsel Robert Mueller included the notable admission that Trump “dictated” the statement that is at the center of the obstruction investigation. Previously, Trump lawyers, particularly Jay Sekulow, categorically denied that Trump had drafted the letter. Once again, these are continuing unforced errors produced by either a failure of attorney-client communications or a lack of due diligence. Either way, it is an example of how much of his investigation has been fueled by sheer blunders.
Continue reading “Trump Team Admits President Dictated Trump Jr. Letter Despite Prior Denials”