Category: Criminal law

The Appearance of Michael Cohen: A Wreck in Search of a Race

Below is an expanded version of my New York Post column on the appearance of Michael Cohen Monday in the Manhattan prosecution of former President Donald Trump. His testimony will not be for the intestinally weak or ethically strong viewers. It has all the draw of a Nascar race on a rainy day.

Here is the column: Continue reading “The Appearance of Michael Cohen: A Wreck in Search of a Race”

Democrats Attack Judge for Delaying Trump Florida Trial

While pundits, politicians and the press have long expressed outrage over attacks on judges by former President Donald Trump, many are now attacking any judge who delays any trial of Trump before the election. Democrats have accused Judge Aileen Cannon of being politically compromised, if not conspiratorial, in her delay of the Florida trial over the mishandling of classified documents. Yet, there is ample reason for the delay that many of us anticipated in this type of case when it was filed. Continue reading “Democrats Attack Judge for Delaying Trump Florida Trial”

Stormy Daniels Day: Alvin Bragg Lights Dumpster Fire in Manhattan

Below is my New York Post column on the unseemly scene in the courtroom of Judge Juan Merchan as prosecutors used porn star Stormy Daniels to present lurid details on her alleged tryst with former president Donald Trump. It was a dumpster fire that Judge Merchan watched burn for a full day and then said the jury may have to disregard much of what they saw and heard.

Here is the column: Continue reading “Stormy Daniels Day: Alvin Bragg Lights Dumpster Fire in Manhattan”

A Disbarred, Serial Perjurer Walks into a Court and Asks to Take an Oath…Seriously, No Joke

C-Span/YouTube Screenshot

Below is my column in The Hill on the expected appearance of Michael Cohen in the Manhattan trial of former president Donald Trump. It will be a scene that is both mesmerizing and repellent for many, particularly in the bar.

Here is the column:

Continue reading “A Disbarred, Serial Perjurer Walks into a Court and Asks to Take an Oath…Seriously, No Joke”

The Constitutional Abyss: Justices Signal a Desire to Avoid Both Cliffs on Presidential Immunity

Below is my column in the New York Post on yesterday’s oral arguments on presidential immunity. As expected, with the exception of the three liberal justices, the Court appears to be struggling to find a more nuanced approach that would avoid the extreme positions of both parties. Rather than take a header off either cliff, the justices seem interested in a controlled descent into the depths of Article II.

Here is the column: Continue reading “The Constitutional Abyss: Justices Signal a Desire to Avoid Both Cliffs on Presidential Immunity”

Alvin Bragg has his Trump trial, All he Needs Now is a Crime

Below is an expanded version of my column in the New York Post on the start of the Trump trial and much awaited explanation of District Attorney Alvin Bragg on the underlying alleged criminal conduct. The curious aspect of the case is that the prosecutors are stressing that they will prove largely uncontested facts. Indeed, if all of these facts of payments, non-disclosure agreements, and affairs are proven many of us (including liberal legal experts) are doubtful that there is any cognizable crime.

Here is the column: Continue reading “Alvin Bragg has his Trump trial, All he Needs Now is a Crime”

Romney and the Wrong Question: The Senator’s Statement on Trump’s Guilt Captures the Problem with the Manhattan Trial

Yesterday, Sen. Mitt Romney (R-UT) had a much covered interaction with CNN’s Manu Raju who asked him about Trump’s criminal trial and whether he was guilty of the underlying criminal conduct. Romney responded “I think everybody has made their own assessment of President Trump’s character, and so far as I know you don’t pay someone $130,000 not to have sex with you.” I have previously defended Romney in his votes on impeachment despite our disagreement on the constitutional standard. I also understand that he was making a more general comment on character. However, his response is precisely what Manhattan District Attorney Alvin Bragg is seeking from the jury: a verdict on Trump as a person rather than the underlying criminal allegations. Continue reading “Romney and the Wrong Question: The Senator’s Statement on Trump’s Guilt Captures the Problem with the Manhattan Trial”

“You Are Quite Openly Jewish”: London Police Under Fire for Confrontation With Man Near Anti-Israeli March

The London police are under fire this week for threatening to arrest a man wearing a kippah near a pro-Palestinian march. Officers inform Gideon Falter, head of the Campaign Against Antisemitism watchdog, that he was “antagonizing” the protesters by being “openly Jewish” near such a march. He was told that, if he tried to cross the street while being “openly Jewish,” he would be arrested for breach of the peace. Continue reading ““You Are Quite Openly Jewish”: London Police Under Fire for Confrontation With Man Near Anti-Israeli March”

Ninth Circuit Rules Against Seattle in Using “Heckler’s Veto” in Arrest of Pro-Life Protester

We have often discussed how cities and universities will use the threat of protests to block or shutdown free speech, particularly of conservative speakers or groups. We now have a major decision out of the United States Court of Appeals for the Ninth Circuit that could prove an important precedent in resisting the growing anti-free speech movement in the United States. In Meinecke v. City of Seattle, the court ruled against Seattle in a case involving the arrest of a pro-life protester. Matthew Meinecke was harassed by Antifa and other counterprotesters, but police arrested Meineche when he refused to yield in exercising his right to free speech. Continue reading “Ninth Circuit Rules Against Seattle in Using “Heckler’s Veto” in Arrest of Pro-Life Protester”

Supreme Court Takes Up Obstruction Case Affecting J6 Defendants

Today, the U.S. Supreme Court will take up Fischer v. United States, a case that could fundamentally change many cases of January 6th defendants, including the prosecution of former president Donald Trump. The case involves the interpretation of a federal statute prohibiting obstruction of congressional inquiries and investigations. Continue reading “Supreme Court Takes Up Obstruction Case Affecting J6 Defendants”

The Trump Trial in Manhattan is an Indictment of the New York Legal System

Below is my column in the New York Post on the start of the Trump trial today in New York. I have long been critical of the case as a clear example of the weaponization of the criminal justice system. No one seriously believes that Alvin Bragg would have spent this time and money to prosecute what is ordinarily a state misdemeanor if the defendant was anyone other than Trump. One does not have to like Trump to repel from the spectacle about to unfold in Manhattan.

Here is the column: Continue reading “The Trump Trial in Manhattan is an Indictment of the New York Legal System”

“Nonsensical”: Another Federal Judge Rejects All of Hunter Biden’s Claims for Dismissal

While some legal analysts continue to boost Hunter Biden’s legal claims, the reviews in actual courts are far less glowing. Recently, we discussed a federal judge rejecting all eight motions of Hunter Biden to dismiss his tax charges in a stinging opinion citing a conspicuous lack of actual evidence to support their claims. Now, U.S. District Judge Maryellen Noreika has also rejected those claims in the gun case in Delaware, calling Hunter’s arguments “nonsensical.” Continue reading ““Nonsensical”: Another Federal Judge Rejects All of Hunter Biden’s Claims for Dismissal”

“Support Your Local Antifa”: Alabama Man Arrested in Alleged Political Bombing

Kyle Benjamin Douglas Calvert, 26, has become the latest Antifa member arrested for alleged political violence. Calvert is accused in the explosion of an IED device outside of Alabama Attorney General Steve Marshall’s office in downtown Montgomery at around 3:42 a.m. on February 24. For years, Democratic politicians and the media have downplayed the violence of Antifa, even questioning its very existence. These photos may help them come to grips with the reality of Antifa. Continue reading ““Support Your Local Antifa”: Alabama Man Arrested in Alleged Political Bombing”