Category: Criminal law

Columns, Criminal law, Politics

The Return of Michael Cohen: A Disbarred Attorney Takes Center Stage in a Dubious Prosecution
C-Span/YouTube Screenshot

Below is my column in USA Today on the expected indictment of former President Donald Trump and the prospect of Manhattan District Attorney Alvin Bragg putting Michael Cohen on the stand as his star witness. Yesterday, I wrote about the early skirmish between Cohen and his former counsel. That is only a taste of what is to come in the target rich environment of a Cohen cross examination.

Here is the column: Continue reading “The Return of Michael Cohen: A Disbarred Attorney Takes Center Stage in a Dubious Prosecution” →

Columns, Criminal law, Politics

It’s Moving, It’s Alive! Alvin Bragg Prepares the Ultimate Frankenstein Indictment

Below is my column in the New York Post on the expected indictment against former President Donald Trump. It is an effort to reanimate a long dead legal claim against Trump, but could reanimate his presidential campaign.

Here is the column:

Continue reading “It’s Moving, It’s Alive! Alvin Bragg Prepares the Ultimate Frankenstein Indictment” →

Criminal law, Lawyering, Media

Cohen v. Costello: Coming Soon to a Cable Show–and Courtroom–Near You
C-Span/YouTube Screenshot

Yesterday, I ran a column in USA Today on the unpalatable prospect of Manhattan District Attorney Alvin Bragg putting disbarred attorney Michael Cohen on the stand as his star witness in the case against former president Donald Trump. Given Cohen’s past lies and conduct, it will be a target rich environment for cross examination. As if on cue, Cohen just added another potential item for a withering cross: he denied any memory of a waiver of attorney-client privilege in a public tiff with Robert Costello. Continue reading “Cohen v. Costello: Coming Soon to a Cable Show–and Courtroom–Near You” →

Columns, Criminal law, Politics

“America’s Got Trump”: Get Ready for a Truly Made-for-TV Prosecution

Below is my column in The Hill on the expected indictment this week of former President Donald Trump and the danger of prosecution by plebiscite.  I have been critical of the indictment, which is reportedly based on a highly dubious use of a New York misdemeanor charge to revise a long dormant federal election law charge. We will have to wait to confirm the details on the indictment but this remains, in my view, a blatantly political prosecution.

Continue reading ““America’s Got Trump”: Get Ready for a Truly Made-for-TV Prosecution” →

Criminal law, Politics

Hunter Biden Countersues Over Laptop Files . . . That May or Might Not Be His

We have been discussing the scorched earth campaign by Hunter Biden’s new legal team as well as a type of legion of Doom of Democratic activists. That included seeking criminal investigations of critics while threatening a wide array of journalists and potential witnesses with civil lawsuits. Today, Biden moved against John Paul Mac Isaac, the repairman who revealed the laptop and its contents. The lawsuit, in my view, has serious flaws, but reflects the new “dark Biden” stage of this saga. The effort to go on offense against key figures and witnesses could well backfire for the Hunter Biden team and his family. Continue reading “Hunter Biden Countersues Over Laptop Files . . . That May or Might Not Be His” →

Congress, Criminal law, Politics

Time’s Up: Treasury Finally Agrees to Turn Over Hunter Biden Transaction Reports

For years, members of Congress have asked for access to suspicious activity reports (SARs) related to the Biden family’s foreign business deals. Those efforts were cut off by the Biden Administration and the Democratically controlled houses of Congress. Even after the GOP took over the House, however, the Treasury Department continued to refuse to turn over the SARs. While the GOP had to threaten hearings with Treasury officials, the department has finally relented. It now appears that time is up for Hunter Biden on the SARs fight and it could finally answer a number of questions over the alleged influence peddling of the Biden family. It may also put pressure on the Delaware U.S. Attorney David Weiss, who is looking into possible criminal conduct by Hunter Biden. Continue reading “Time’s Up: Treasury Finally Agrees to Turn Over Hunter Biden Transaction Reports” →

Congress, Constitutional Law, Criminal law, Media

Did the “QAnon Shaman” Get Shafted on Sentencing? New Footage Raises Questions Over the Chansley Case

If there is one image from Jan. 6th that will remain indelible with the day, it is the “QAnon Shaman.” Bare chested and wearing an animal headdress, horns and red-white-and-blue face paint, Jake Angeli Chansley is to the Capitol riot what Rosie the Riveter was to World War II. Howling and “chanting an unintelligible mantra” on the Senate floor, he is the embodiment of the unhinged rage that led to one of the most disgraceful attacks on our constitutional process in history. Continue reading “Did the “QAnon Shaman” Get Shafted on Sentencing? New Footage Raises Questions Over the Chansley Case” →

Columns, Criminal law, Media

The Curious Story of QAnon Shaman: Fox Footage Raises New Questions Over the Chansley Case

Below is my column in the New York Post on the recently disclosed videotapes from Jan. 6th. The tapes include images never seen before by the public of that day. However, my interest was drawn primarily to the images of “QAnon Shaman” Jacob Chansley being escorted through the Capitol. That footage raises serious questions about Chansley’s case in my view.

I am continuing to pursue the implications of the video today, but here is the column:

Continue reading “The Curious Story of QAnon Shaman: Fox Footage Raises New Questions Over the Chansley Case” →

Criminal law, Lawyering

Lawyer with the Southern Poverty Law Center Arrested on Possible Domestic Terrorism Charges

In a case reminiscent of the two New York lawyers convicted of firebombing a police vehicle, a lawyer for the Southern Poverty Law Center (SPLC) was arrested for possible domestic terrorism in targeting a police training center in Atlanta. Thomas Webb Jurgens was among 23 suspected domestic terrorists in an attack on the site for a planned $90 million training complex called “Cop City” by protesters.

Continue reading “Lawyer with the Southern Poverty Law Center Arrested on Possible Domestic Terrorism Charges” →

Constitutional Law, Courts, Criminal law, Free Speech, Supreme Court

Pot Shop Owner Faces Possible Criminal Charge After Profane Diatribe Against Police Officer

A video has gone viral of the owner of a Washington state dispensary unleashing a profanity-laced verbal attack on state trooper, Yasin Anwar, who pulled over a driver near the Green Seed in Moses Lake, Washington, a marijuana shop. The owner has been identified as Amy Dalluge, who reportedly has a history of problems with the police. Some are calling for charges. As outrageous and unhinged as the verbal attack was, I do not agree that such verbal abuse should be criminally charged as a matter of free speech. Continue reading “Pot Shop Owner Faces Possible Criminal Charge After Profane Diatribe Against Police Officer” →

Criminal law

Washington Post: Top FBI Officials Opposed Mar-a-Lago Raid

The Washington Post is reporting that there was a heated debate in the Justice Department over the decision to raid Mar-a-Lago in July 2022. The senior FBI agents objected that they believe that a consensual search was possible without the necessity of a raid. It was main Justice officials who overruled them and insisted on the raid. What is most striking about the account is that FBI agents were raising the very concerns that some of us voiced after the unprecedented raid on the home of a former president. Continue reading “Washington Post: Top FBI Officials Opposed Mar-a-Lago Raid” →

Congress, Criminal law, Politics

Wray Confirms that FBI Accepted Lab Theory as Likely “For Quite Some Time Now”

Yesterday, FBI Director Christopher Wray confirmed that the FBI believes that Covid-19 did originate from a lab in China. While liberal pundits have tried to dismiss the similar finding of the Department of Energy, the public attention of the FBI will make it more difficult to spin out of this major story. Yet, the most interesting moment with Wray came in an interview with Fox News host Bret Baier. Wray told Baier that the agency has, “for quite some time now, assessed that the origins of the pandemic are most likely a potential lab incident in Wuhan.” The notion that the FBI has held this belief for “quite some time now” is unnerving since it remained stoney silent as experts and commentators were censored and shunned for even uttering the theory. Continue reading “Wray Confirms that FBI Accepted Lab Theory as Likely “For Quite Some Time Now”” →

Criminal law, Torts

Grosskreutz v. Grosskreutz? Survivor from 2020 Kenosha Shooting Sues Kyle Rittenhouse
YouTube screengrab

Just when you thought that the Kyle Rittenhouse case was over . . . it is back. Gaige Grosskreutz who was shot in the arm by Kyle Rittenhouse during the Kenosha riots in 2020 is now suing him as well as Wisconsin police and officials. Grosskreutz effectively repeats his earlier rejected claims that he was merely trying to protect others and had his hands up when Rittenhouse shot him. The difference is that this civil lawsuit will be resolved under the lower standard of proof by a preponderance of the evidence (rather than beyond a reasonable doubt). Nevertheless, the case could prove messy for Grosskreutz whose criminal background and actions that night could undermine his claims. Indeed, the most damaging witness against Grosskreutz may prove to be himself. Continue reading “Grosskreutz v. Grosskreutz? Survivor from 2020 Kenosha Shooting Sues Kyle Rittenhouse” →

Columns, Criminal law, Politics

The Dark Biden Rises: The Reinvention of Hunter in a New and Menacing Image

Below is an expanded version of my New York Post column this week on the latest moves by Hunter Biden and his team. It is the latest reinvention of Hunter but it is unlikely to succeed any more than the earlier incarnations. Yesterday, the deadline to turn over evidence passed for Hunter, his uncle, and one of his associates. They have decided to go full Bannon, even though this course took the former Trump adviser to a speedy conviction for contempt.

Here is the column:
Continue reading “The Dark Biden Rises: The Reinvention of Hunter in a New and Menacing Image” →

Congress, Criminal law, Politics

Beholding the Beholders: Hunter Biden’s Art Dealer Defies the House Over Business Records

It appears that Hunter Biden’s art dealer believes that his art should be left entirely to the eye of the beholder — and not Congress. Georges Bergès reportedly refused last week to provide the House Oversight Committee with the identities of the buyers of Biden’s high-priced art work. While counsel William Pittard insists that the list of purchasers must remain secret, it is hard to see the viable legal basis to refuse the demand of the House Oversight Committee, if made subject to a congressional subpoena.

Continue reading “Beholding the Beholders: Hunter Biden’s Art Dealer Defies the House Over Business Records” →

Res ipsa loquitur – The thing itself speaks