Category: Criminal law

Columns, Constitutional Law, Criminal law, Politics

The Curious Fraud Case Against Trump Just Got ‘Curiouser’

Below is my column in The Messenger on the recent testimony of bankers in the Trump fraud trial. The testimony put the controversial demands of New York Attorney General James into sharp relief. The issue is not whether it is appropriate to fine businesses for under or over valuing property, but rather the nuclear option pursued by James in seeking effective dissolution of the company and a quarter of a billion dollars in penalities.

Here is the column:

Continue reading “The Curious Fraud Case Against Trump Just Got ‘Curiouser’” →

Bizarre, Criminal law, Politics

Politics is Never Having To Say You’re Sorry: Mayorkas Refuses to Apologize to Del Rio Agents
Screenshot

Over two years later, Homeland Security Secretary Alejandro Mayorkas finally held a private meeting with the Border Patrol agents that he threw under the bus after they were falsely accused of whipping Haitain migrants near Del Rio, Texas. Continue reading “Politics is Never Having To Say You’re Sorry: Mayorkas Refuses to Apologize to Del Rio Agents” →

Columns, Criminal law, Media, Politics

Time’s Up: Hunter to Face a Moment of Truth Before the House Oversight Committee

Below is my column in the New York Post on the confirmation that Hunter Biden will finally appear before Congress on December 13th. After years of delays and denials, Biden will now be faced with questions not from an enabling media but an investigating committee. While he once pledged to do “exactly what the Chairman wants,” he is about to face another chairman in James Comer who wants something that Hunter has previously refused to supply: answers.

Here is the column: Continue reading “Time’s Up: Hunter to Face a Moment of Truth Before the House Oversight Committee” →

Congress, Criminal law, Politics

Hunter Has a Hearing Date But He Has Demands

We previously discussed how Hunter Biden was gracious enough to say that he might appear before Congress after receiving a subpoena from the House Oversight Committee when “the time is right.” As I noted at the time, that is not quite how subpoenas work. It is really not an invitation. Now a date has been set for December 13th, but Hunter’s lawyer, Abbe Lowell, is suggesting that he will not appear in private but only in a public hearing. Again, Hunter fundamentally misses the point of a congressional subpoena.

Continue reading “Hunter Has a Hearing Date But He Has Demands” →

Bizarre, Criminal law

Oklahoma Woman Charged with Murder After Giving Elderly Mother the Gun Used in Suicide

Years ago, we discussed the controversial case of Michele Carter, a teenager convicted of murder after encouraging a friend to commit suicide. The case raised difficult free speech questions. Now there is another equally troubling case out of Oklahoma, though the criminal charges should be less controversial. Jaye Dee Watts, 44, (shown here with an apt shirt reading “Dogs: Because People Suck”) is charged with giving her 72-year-old mother a handgun after berating her and saying “Do with it what you f***ing will, b—h.” Her mother, Lynda Watts, then killed herself. Continue reading “Oklahoma Woman Charged with Murder After Giving Elderly Mother the Gun Used in Suicide” →

Bizarre, Criminal law, Lawyering

Houston Lawyer Charged With Smuggling Drugs into Jail on Ecstasy-Saturated Legal Papers
A Houston attorney, Ronald Lewis, 77, is facing criminal charges over an allegation that he brought drug-laced papers into a jail that later caused the death of two inmates. We have previously discussed charges of attorneys for criminal conduct in jails, but few have reached this level of culpability. Lewis is currently facing two charges of having a banned substance in a correctional facility. However, it is possible, if not likely, that additional charges will be brought later.

Continue reading “Houston Lawyer Charged With Smuggling Drugs into Jail on Ecstasy-Saturated Legal Papers” →

Columns, Criminal law, Lawyering

Spring Break: Christie’s Prediction of a Trump Conviction by Spring Just Hit a Snag

Below is a longer version of my column in the New York Post on the leaking of the interviews of former counsel to Donald Trump. The interviews could magnify the difficulties for both Fulton County District Attorney Fani Willis and Special Counsel Jack Smith in their respective prosecutions.  These cases still represent a serious threat to Trump, but these prosecutors must first overcome a glaring potential contradiction. That does not mean that Christie and the other candidates will not get a “Spring Break” with a conviction, but it could prove more challenging even with highly favorable jury pools.

Here is the column:

Continue reading “Spring Break: Christie’s Prediction of a Trump Conviction by Spring Just Hit a Snag” →

Columns, Criminal law

Lying About Lying? Michael Cohen Appears to Confess to Prior False Statements Under Oath
C-Span/YouTube Screenshot

Below is my column on Fox.com on the new allegations of perjury by Michael Cohen after his testimony in the New York fraud trial of his former client Donald Trump. The alleged perjury occurred in testimony before Congress, but it is part of patterns going back decades. For his critics, Cohen has made lying a virtual art form — supported by an ever-changing array of powerful benefactors.

Here is the column: Continue reading “Lying About Lying? Michael Cohen Appears to Confess to Prior False Statements Under Oath” →

Criminal law, Politics, Torts

No, Trump Supporters Cannot “Citizen Arrest” the Judge or James in New York

The Internet has erupted over another reposting by former president Donald Trump. Trump reposted a supporter’s “fantasy” of executing a citizen’s arrest of Judge Arthur Engoron and New York Attorney General Letitia James. It was described as a fantasy but it remains a dangerous (and uninformed) suggestion that some could easily take seriously. That is particularly the case after the reckless attacks of Trump on critics as “vermin” and pledging to go after them if reelected. Continue reading “No, Trump Supporters Cannot “Citizen Arrest” the Judge or James in New York” →

Columns, Criminal law, Politics

The Non-Denial Denial: David Weiss and Prosecutorial Nihilism

Below is my column in The Hill on the long-awaited interview of Special Counsel David Weiss with House investigators. As expected, Weiss refused to answer most of the questions, but seemed perfectly Nietzschean in explaining obvious conflicts between the accounts of whistleblowers and the Attorney General.

Here is the column:

Continue reading “The Non-Denial Denial: David Weiss and Prosecutorial Nihilism” →

Columns, Congress, Criminal law, Politics

The House ‘Concentrates the Mind’ of Hunter Biden with a Game-Changing Subpoena

Below is my column in the Messenger on the issuance of House subpoenas to the Biden family, including Hunter Biden. The move dramatically changes the profile of the investigation and the perils for the Biden family. After these subpoenas were issued, the House also subpoenaed an array of Biden associates connected to his alleged influence peddling or his art sales. After following the transfer of millions in foreign money, the Committee is drawing closer to the epicenter of the Biden family.

Here is the column: Continue reading “The House ‘Concentrates the Mind’ of Hunter Biden with a Game-Changing Subpoena” →

Columns, Criminal law, Lawyering

Smith’s Sirens: Can Trump Be Convicted for the Lure of Bad Lawyering?

Below is my column in The Messenger on the emerging controversy in the Trump prosecutions over the testimony of former counsel to the former president. Various lawyers have now accepted plea bargains. However, Special Counsel Jack Smith and the Fulton County District Attorney appear to be arguing that, while Trump was assured of these claims by counsel, he should never have listened to them. It is a type of “Siren’s Call” theory of criminality.

Here is the column: Continue reading “Smith’s Sirens: Can Trump Be Convicted for the Lure of Bad Lawyering?” →

Columns, Constitutional Law, Criminal law, Free Speech

Jack Smith’s War on Free Speech: Attorney General Garland Should Rein in His Special Counsel

Below is my column in The Messenger on the renewed effort of Special Counsel Jack Smith to gag former President Donald Trump. At the same time, Judge Arthur Engoron has repeatedly fined Trump for his public statements about the New York fraud case. Engoron declared this week “Anybody can run for president. I am going to protect my staff.”

There is widespread support for barring attacks on court staff and Trump did attack the Court’s clerk in a prior posting. However, most of his comments have been directed at Engoron and his alleged hostility toward Trump. Where to draw this line is the subject of this column. In my view, criticism of the case, the court, and the prosecutor should be treated as protected speech.

Here is the column:

Continue reading “Jack Smith’s War on Free Speech: Attorney General Garland Should Rein in His Special Counsel” →

Criminal law

“Where’s My Weapon?” Florida Man Hit With Multiple Charges After Full Monty

Drunk Florida man exposes himself to officers

 

There was a bizarre arrest in Palm Coast, Florida, where Shawn Madden, 40, proved that he was no threat by stripping naked and asking “where’s my weapon?” There is ample evidence to support charges of disorderly conduct and exposure in the video below. However, a couple of the charges are as baffling as Madden’s full Monty performance. Continue reading ““Where’s My Weapon?” Florida Man Hit With Multiple Charges After Full Monty” →

Congress, Criminal law

Bowman Video Contradicts His Account to Congress, the Court, and the Public

Rep. Jamaal Bowman (D-NY) has pleaded guilty to a single misdemeanor after he was caught on videotape pulling a fire alarm in the middle of a key vote to avoid a government shutdown.  The misdemeanor was the charge that I discussed when this first arose. However, the release of the videotape raises another issue: whether Bowman has clearly lied to not just the court but Congress in his account. Continue reading “Bowman Video Contradicts His Account to Congress, the Court, and the Public” →