Category: Constitutional Law

Justice Delayed Is Justice: Mueller Fights To Delay Russian Collusion Trial

440px-Director_Robert_S._Mueller-_IIIThere is an old joke among criminal defense attorneys that “justice delayed is justice,” a twist of the old adage that “justice delayed is justice denied.”  The joke reflects that fact that the defense almost always benefits from the passage of time and it is the prosecution that often pushes for earlier trial debates to deny the defense enough time to absorb and address evidence. That is not the case with Special Counsel Robert Mueller who has asked federal Judge Dabney L. Friedrich to deny a speedy trial motion and delay any trial of 13 Russians and three Russian companies for efforts to influence the 2016 election. The effort reflects problems in Mueller’s matinee case, including the allegation that he has charged a company that did not exist at the time of the alleged offenses.

 

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With New Referral To The Inspector General: The FBI Finds Itself Caught In A Crossfire Hurricane

2560px-Hurricane_Isabel_from_ISSBelow is my column in the Hill Newspaper on newly released information on the use of an informant against Trump officials as well as other details stemming from Operation Crossfire Hurricane.  The disclosures appear to confirm in large part the allegations made by President Donald Trump at the beginning of his Administration.  While denied at the time, it does now appear that campaign officials were surveilled and investigated.  Deputy  Attorney General Rod Rosenstein has now referred the allegation to the Inspector General for further investigation.  That is a belated but correct decision in light of the troubling implications raised by this new evidence.

Here is the column:

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The Law Of Unintended Consequences: Mueller’s Promise Not To Indict Trump In Office Is No Favor

Below is my column in the Washington Post on the statement by lead Trump lawyer Rudy Giuliani that Special Counsel Robert Mueller had assured the Trump team that he would not seek an indictment against Trump while in office.  As I have previously written, I do not agree with those who maintain that a sitting president cannot be indicted.  However, what is most striking is how many assume that it is better for the President to face an impeachment (which is part of a political process) than an indictment. For a criminal defense standpoint, the opposite may be true.  Indeed, the best possible scenario for Mueller would be to have an impeachment before an indictment.  None of this means that there is a strong case for either impeachment or indictment, but the sequencing laid out by Giuliani is no favor to Trump.

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Gallup Poll: Ninety Percent Of Pomona Students Feel That They Cannot Speak Freely

240px-Formal_Seal_of_Pomona_College,_Claremont,_CA,_USA.svgWe have been discussing the erosion of free speech on campuses with rising speech codes and ambiguous rules barring “microaggressions.”  A small percentage of students and faculty often push for such speech codes and regulation.  However, it is often difficult for students and faculty to object at the risk of being called intolerant or microaggressors.  Now there is a Gallup poll confirming that most students feel that they are no longer able to speak freely at college due to this minority of speech intolerant students and faculty. Ninety percent of Pomona students said that they did not feel free to speak openly or freely. It is an indictment of not just Pomona but many of our colleges. Continue reading “Gallup Poll: Ninety Percent Of Pomona Students Feel That They Cannot Speak Freely”

Akron Professor Prevented From Increasing Grades Of Female Students Based Solely On Their Gender

300px-University_of_Akron_seal.svgStudents in the information sciences class of University of Akron Professor Liping Liu were taken aback by an email that shared some information on how Liu intended to engage in open sexual discrimination in his final grades.  Liu announced that he intended to increase the grades of female students to encourage their continuation in the male-dominated field of information sciences.  Liu has been prevented from carrying out his flagrantly discriminatory plan but there is no indication that he will face discipline for such abuse of his academic position. Continue reading “Akron Professor Prevented From Increasing Grades Of Female Students Based Solely On Their Gender”

As The Supreme Court Considers Major Free Speech Case, Liberals Can’t Have Their Cake And Eat It Too

Freedom_of_SpeechBelow is my column in The Hill newspaper on how liberals in New York are supplying the Supreme Court ample reason to rule for a Colorado cake shop owner in the Masterpiece Cakeshop case.  As the Court decides whether a baker can refuse to bake a cake deemed offensive, many liberals are asserting the right to refuse to serve conservatives based on their political views or associations.

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SUNY Student Reprimanded Under “Unwritten Policy” For Criticizing Liberal Intolerance At Open Mic Event

SUNY_logoWe have been discussing the rapid erosion of free speech on our campuses and the increasing confrontations with students who bar speech with which they disagree.  (Here and here and here and here)  The most disturbing aspect of this trend has been the active support of academics and administrators, including defining the prevention of free speech as an exercise of free speech. The result is that schools are caving into academic demands made by students.  The latest example is the action taken by the State University of New York at Oswego administrator, who  reprimanded a student for making other students feel “uncomfortable” by raising liberal intolerance of free speech at an “Open Mic” event last month.  Nicole Miller was called out under an “unofficial policy” — thereby confirming the very point of her remarks.

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How A Porn Star Can Take Down A President

440px-Official_Portrait_of_President_Donald_TrumpBelow is my column in USA Today on the real danger of the Stormy Daniels case.  The danger in the campaign finance allegation is the fact of the investigation not necessarily the charge itself.  The fact that there is an ongoing investigation presents a more straightforward basis for prosecutors to allege obstruction than in the Russian investigation.

Here is the column:

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Tale of Two Cases: Manafort and Cohen Cases Stand In Glaring Contradiction

600px-US-DeptOfJustice-Seal.svg DOJBelow is my column in The Hill newspaper on the controversial comments of Judge T.S. Ellis III.  While I viewed that insinuations about Mueller’s motivations to be inappropriate, there is a real question concerning the different and still fully explained difference in treatment of the Manafort and Cohen cases.

Here is the column:

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No, Giuliani Did Not Implicate Trump In Obstruction of Justice In Comey Comments

225px-rudy_giulianiBelow is my column in the Hill newspaper on the widespread criticism of former New York mayor Rudolph Giuliani’s interviews as implication his client, President Donald Trump, in the crime of obstruction of justice.  Giuliani noted that Trump fired James Comey in part due to his refusal to state publicly that Trump was not a target. While I have been highly critical of Giuliani’s performance, the defense raised by Giuliani was neither new nor a basis for a criminal charge.

 

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Haspel Continues (Reluctantly) With Endangered Nomination Despite Opposition Over Her Prior Record Of Torture

440px-Gina_Haspel_official_CIA_portraitCIA nominee Gina Haspel reportedly sought to withdraw her nomination last Friday but was convinced to continue by the White House.  I have previously written extensively on my views the torture program implemented under the Bush Administration and why it was a clear violation of international laws and treaties.  As I wrote recently, CIA nominee Gina Haspel has featured greatly in that torture program.  Nevertheless, various Democrats continues to express a willingness to consider making her the head of the Central Intelligence Agency. In the meantime, Sarah Sanders has echoed the talking point that Senators will be hypocrites if they do not vote for the first woman to be nominated for this post.  The problem is that she is also the first person nominated with an admitted history of torture, even though she continues to mislabel the programs as “enhanced interrogation.”

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Paul Ryan, Censor Deputatus

 

By Mike Appleton, Weekend Contributor 

I’ll admit that I had no idea who was serving as Chaplain of the House of Representatives until the recent controversy over the forced resignation of Fr. Patrick Conroy, S.J. But if someone had told me only that a Catholic priest had just been fired as House Chaplain, I would have guessed that he was a Jesuit.

The Society of Jesus has been a thorn in the side of princes and popes for centuries. Jesuits have been periodically banned by kings and suppressed by the Church, but they have always returned to continue speaking truth to power, inspired by a rich tradition of Ignatian spirituality and a fierce intellectual independence. My own alma mater, Jesuit High School in El Paso, Texas, occupied a campus built by Mexican Jesuits during a period of anti-clerical political repression in Mexico.

While I was still contemplating the meaning of the termination, the resulting political outcry resulted in Paul Ryan’s capitulation to political reality and Fr. Conroy’s reinstatement. But the question remains: what was behind the request for his resignation? The explanation initially provided, that he was not meeting the “pastoral needs” of  his congressional flock, struck me as contrived. Nor did I buy into the excuse that he was a victim of generalized anti-Catholic attitudes among certain House members. The correct answer, I believe, lies behind Fr. Conroy’s own comments that he had been asked to “stay out of politics” following a prayer before the opening of a House session on the then pending tax overhaul bill. The words of that prayer suggest that Fr. Conroy’s sin was primarily theological.

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Corey Lewandowski Threatens To Sue New York Magazine Over Reported Unlawful Entry By Reporter Olivia Nuzzi [Updated]

imagesFormer Trump campaign manager Corey Lewandowski has, through counsel, sent a intent to sue letter to New York Magazine over an alleged home invasion by reporter Olivia Nuzzi.  Nuzzi in March admitted that she entered his home without permission — an act that certainly would be a crime as well as a tort. Update:  There is an interesting twist (and potential defense) to the potential criminal or tort case involving the “home” of Lewandowski, which also happens to be the office of Turnberry Solutions, a lobbying firm started a close Trump campaign associate.  Continue reading “Corey Lewandowski Threatens To Sue New York Magazine Over Reported Unlawful Entry By Reporter Olivia Nuzzi [Updated]”

John Dean Calls Leaking The Questions A Possible Basis For Obstruction Of Justice

E0398-03APresident Nixon’s White House counsel John Dean claimed that if the Trump administration leaked questions from special counsel Robert Mueller it could qualify as obstruction of justice.  Once again, I disagree with such sweeping interpretations of the crime of obstruction of justice.  Leaking such questions or topics would not be a crime under any case that I am aware of in defining the crime of obstruction.

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Comey v. Comey: How New Disclosures Could Put Just One Week Between Comey and Perjury

Former FBI Director James Comey continues to market his book – and himself – as a lesson in “ethical leadership.”  However, the historical record is proving increasingly at odds with Comey’s account and image. After months of spins and swerves by defenders, a consensus is emerging that Comey is indeed a leaker.  The most damaging evidence, however, comes not from Comey’s critics but Comey himself.  Indeed, Comey v. Comey could be the most telling conflict in this still unfolding scandal.  However, at issue, is not simply whether Comey will be viewed as a leaker or a liar, but a perjurer.

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