Category: Criminal law

Laurence Tribe Claims Trump Could Be Charged With Espionage

Harvard Law professor emeritus Laurence Tribe has long been an endless font for the media in claiming clear evidence of a variety of crimes for the imminent prosecution of Donald Trump. Tribe declared evidence supporting criminal charges of witness tamperingevidence of obstruction f justice, criminal election violations, Logan Act violations, extortion and possible treason by Trump or his family. Now Tribe may have run the full course of the criminal code in claiming that Trump might be prosecuted as an effective spy because he violated rules governing the handling of classified information. Continue reading “Laurence Tribe Claims Trump Could Be Charged With Espionage”

From Court Packing to Leaking to Doxing: White House Yields to a National Rage Addiction

Below is my column in the Hill on the leak and the refusal of President Joe Biden to denounce such conduct. It is a defining moment for his presidency that, even in the face of such a disgraceful and unethical act, the President cannot muster the courage to condemn it. He then magnified that failure by refusing to condemn the doxing and targeting of justices and their families at their homes.

Here is the column:

Continue reading “From Court Packing to Leaking to Doxing: White House Yields to a National Rage Addiction”

Leaked Draft Opinion Rocks the Court and Washington

The leaking of a draft opinion in Dobbs v. Jackson Women’s Health Organization has rocked the Court and Washington. The 98-page draft opinion is dated Feb. 10, 2022 and authored by Associate Justice Samuel Alito. I have two columns (in USA Today and The Hill) today on the opinion and the disgraceful leak from within the Court. Continue reading “Leaked Draft Opinion Rocks the Court and Washington”

Garland Stonewalls Questions about a Special Counsel Despite New Evidence Tied to President Biden

Attorney General Merrick Garland continued to refuse to address questions over his refusal to appoint a Special Counsel in the Hunter Biden investigation despite new evidence tying President Joe Biden to the controversial business deals. The New York Post is reporting that President Biden agreed to cover more than $800,000 in bills of Hunter, including legal fees tied to the foreign deals. While President Biden’s denial of knowledge of Hunter’s deals has been repeatedly contradicted (including by Hunter himself), White House Press Secretary Jen Psaki declared that President Biden stands by his denials. However, she declined to explain new information showing that a key business partner in these deals visited the White House over a dozen times, including at least one meeting with then Vice President Biden.

Continue reading “Garland Stonewalls Questions about a Special Counsel Despite New Evidence Tied to President Biden”

Indict Trump or I’m Gone: Michael Cohen Lays Down Bizarre Ultimatum For Prosecutors

C-Span/YouTube Screenshot

There is a bizarre report in The Daily Beast that former Trump Counsel Michael Cohen is laying down an Ultimatum  for Manhattan District Attorney Alvin Bragg Jr.: indict Trump or I’m leaving you. Cohen warned that, if Bragg does not use the current grand jury to indict Trump, he will no longer cooperate. It is a curious threat since he could be called before a grand jury and would have to invoke the Fifth Amendment privilege against self-incrimination to refuse further testimony.

Continue reading “Indict Trump or I’m Gone: Michael Cohen Lays Down Bizarre Ultimatum For Prosecutors”

Durham: Five Witnesses Connected to the Clinton Campaign’s False Russian Claims Have Refused to Cooperate

Special Counsel John Durham continues to drop bombshells in filings in the prosecution of former Clinton campaign lawyer Michael Sussmann. Just last week, Durham defeated an effort by Sussmann to dismiss the charges.  He is now moving to give immunity to a key witness while revealing that the claims made by the Clinton campaign were viewed by the CIA as “not technically plausible” and “user created.” He also revealed that at least five of the former Clinton campaign contractors/researchers have invoked the Fifth Amendment and refused to cooperate in fear that they might incriminate themselves in criminal conduct. Finally, Durham offers further details on the involvement of Clinton campaign general counsel Marc Elias and former British spy Christopher Steele in the alleged false claims.

Continue reading “Durham: Five Witnesses Connected to the Clinton Campaign’s False Russian Claims Have Refused to Cooperate”

Hunter Biden Likely to be Charged Under FARA . . . If the Justice Department Applies the Mueller Standard

Below is my column in the New York Post on the potential liability of Hunter Biden under the Foreign Agent Registration Act (FARA). I recently testified on FARA reforms and its history of enforcement.

Here is the column:

Continue reading “Hunter Biden Likely to be Charged Under FARA . . . If the Justice Department Applies the Mueller Standard”

“The Serpent Beguiled Me”: The Whitmer Prosecution and the Entrapment Defense

“The serpent beguiled me, and I did eat.” That line may be the oldest statement of a criminal defense articulated in what could be styled as Eve v. The Serpent in Genesis. Eve sought to excuse her own conduct by the inducement of the serpent. As shown by her (and Adam’s) expulsion from the Garden of Eden, it is a difficult defense to make even with the Almighty as your jury.

It appears, however, that Eve’s defense had greater success in Michigan this week after a jury failed to convict a single member of the alleged conspiracy to kidnap and execute Gov. Gretchen Whitmer in 2020. The serpent in this case, according to the defendants, was the United States government. Continue reading ““The Serpent Beguiled Me”: The Whitmer Prosecution and the Entrapment Defense”

The Stanley Kowalski Defense: Durham Seeks to Force the Clinton Campaign and DNC to Turn Over Evidence in Sussmann Case

It is always good to have a “lawyer acquaintance” when things get tough. In “A Streetcar Named Desire,” the character Stanley Kowalski famously assures to Blanche DuBois that he has “a lawyer acquaintance” who will protect her. The same appears to be true for the Hillary Clinton campaign and the DNC. Special Counsel John Durham is fighting to get access to evidence related to his prosecution  of former Clinton campaign lawyer Michael Sussmann. The documents are being withheld by the Clinton campaign, the Democratic National Committee (DNC), Fusion GPS, and Perkins Coie. There are 1,455 withheld documents, but only 18 reportedly involved a lawyer. However, they are arguing that their “lawyer acquaintances” shield their communications from disclosure to the Special Counsel.

Continue reading “The Stanley Kowalski Defense: Durham Seeks to Force the Clinton Campaign and DNC to Turn Over Evidence in Sussmann Case”

“Lets See How We Can Be Helpful”: Joe Biden Wrote Letter to Help One of Hunter’s Foreign Contacts

We have been discussing the Hunter Biden scandal and the increasingly untenable position for Merrick Garland and the media as evidence contradicts past representations of President Joe Biden.  That position further to deteriorate today with a Fox story that, in 2017, President Biden, wrote a college recommendation letter for the son of a Chinese executive who did business with Hunter Biden. President Biden has long denied any knowledge or involvement in his son’s dealings — a claim that has been contradicted not only by emails found on the laptop but statements by Hunter Biden himself. Continue reading ““Lets See How We Can Be Helpful”: Joe Biden Wrote Letter to Help One of Hunter’s Foreign Contacts”

Beware the Eephus: Durham Lowers the Boom on Former Clinton Counsel Michael Sussmann

Last year, I wrote a column titled “Beware the Eephus.” An Eephus is an a high-arching, off-speed pitch . . . or Special Counsel John Durham. I warned that Durham works slow but throws strikes. Former Clinton lawyer Michael Sussmann may have just found that out. He swung and missed at the ultimate Eephus.

In a Monday night filing, Durham revealed that he has an incriminating statement by Sussmann that dramatically undermined his defense. In the text message, Sussmann denied that he was representing anyone before his critical meeting with the FBI. He then repeated the false statement in that meeting as he pushed a false Russian collusion claim against Donald Trump. Continue reading “Beware the Eephus: Durham Lowers the Boom on Former Clinton Counsel Michael Sussmann”

Turley Testifies on the Foreign Agents Registration Act

I will be testifying this morning in Subcommittee on the Constitution, Civil Rights, and Civil Liberties of the House Judiciary Committee in a hearing on “Enhancing the Foreign Agents Registration Act of 1938.” The hearing will be held at 10 am at the Rayburn House Office Building (Room 2141). My testimony is below.

Continue reading “Turley Testifies on the Foreign Agents Registration Act”

Biden’s ‘Absolute’ Defense of Hunter Leaves Media and Justice Department in a Muddle

Below is my column in The Hill on President Joe Biden doubling down on his absolute defense of his son Hunter Biden. The comments only magnify the concerns over Attorney General Merrick Garland refusing to appoint a special counsel despite the clear basis for such an appointment.  It is clear that the President “absolutely” stands by his son and that the media absolutely stands by the President. The question is whether Garland will stand by justice and appoint a special counsel.

Here is the column: Continue reading “Biden’s ‘Absolute’ Defense of Hunter Leaves Media and Justice Department in a Muddle”

“The Illegality…Was Obvious”: An Analysis of the Carter Opinion on Jan. 6th

“The illegality of the plan was obvious.” Those words of Judge David O. Carter in the U.S. District Court for the Central District of California this week have electrified commentators across the networks and the Internet. Judge Carter was praised for his “simple clarity” in declaring that “it is more likely than not that President Trump corruptly attempted to obstruct the Joint Session of Congress on January 6, 2021.”  The declarations by the court have led to a frenzy in the media and renewed calls for the prosecution of the former president. However, there are elements to the decision that are deeply concerning on issues ranging from free speech to attorney-client privilege.

Continue reading ““The Illegality…Was Obvious”: An Analysis of the Carter Opinion on Jan. 6th”

Res ipsa loquitur – The thing itself speaks