We have been discussing the ruling of the United States Court of Appeals for the First Circuit in tossing the death sentence of Boston Marathon bomber Dzhokhar Tsarnaev due to juror bias (as well as reversing some convictions). The ruling is a relatively rare case of a court taking such action. Criminal defense attorneys, including myself, have long complained that judges talk a good game about fair trials but always seem to find a way of avoiding new trials in the face of even clear juror bias. That was my objection to the Stone trial where Judge Amy Berman Jackson refused to grant a new trial on grounds very similar to those of Tsarnaev, including alleged bias in forepersons in the both cases. While Tsarnaev only got a new sentencing proceeding, Stone should receive an entirely new trial.
Continue reading “Is The Boston Marathon Bomber Ruling Good News For Roger Stone?”
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The City of Portland has demanded that the federal government take down a fence that has separated both protesters and rioters from the federal courthouse, including those who have repeatedly tried to burn down the courthouse. Now Portland Commissioner Chloe Eudaly is imposing a $500 fine every 15 minutes until the fence is removed even though the federal officers believe the removal would cause far greater damage and injuries on both sides. The question is whether a city can impose such a fine against the federal government.
The State University of New York-Binghamton is the defendant in a new lawsuit over its failure to protect College Republicans and a leading conservative economist in public events last year. The Binghamton University College Republicans and the Young America’s Foundation (YAF) is suing Binghamton University President 
Below is my column in The Hill on the recent disclosure of a document showing that the FBI used an agent to gather information for Crossfire Hurricane during campaign briefings of Trump during 2016. The document directly contradicted the long-standing denial that the investigation to Russian collusion was ever used to gather intelligence on Trump or his campaign. At the same time, the credibility of the Steele Dossier was further undermined this weekend with the release of new information that Steele misrepresented the sources and information used as the basis for this report, which was funded by the Hillary Clinton campaign and the Democratic National Committee. The 
As I discussed in a 
U.S. District Judge James Robart issued an order Friday night that blocked a Seattle law prohibiting police from using pepper spray and other anti-riot weapons. While described by the court as “very temporary,” it is also very dubious from a constitutional standpoint. I do not see the authority of a federal judge to stop the City of Seattle from determining what gear and devices may be used by its own officers, particularly in response to the federal government objecting to the state policy. The court in my view does not have the authority to make such a policy decision, even on a “very temporary” basis. Update: 
We have been discussing efforts to fire professors who voice dissenting views of the basis or demands of recent protests including 
Two months after a pawn shop was looted and burned in the Minneapolis, a charred body with “thermal injuries” was found in the ruins. Montez Terrill Lee, 25, was videotaped torching the building and later celebrating the arson. The question is whether his case may now be the first felony-murder charge to come out of the protests. If the victim is confirmed as dying as a result of the arson allegedly set by Lee, it could be the first such case with the potential of the death penalty.
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We have previously discussed how President Donald Trump has 
Today, I will be testifying before 
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