Category: Criminal law

Academia, Columns, Criminal law, Politics

The American Jacobin: How Some on the Left have Found Release in an Age of Rage

Below is my column in the Hill on the rising political violence on the left. Many have found an irresistible release from both reason and responsibility in rage. A new study found more people embracing political violence. Joel Finkelstein, the lead author of the report,  stated that “what was formerly taboo culturally has become acceptable… We are seeing a clear shift – glorification, increased attempts and changing norms – all converging into what we define as ‘assassination culture.’” Roughly 40 percent reportedly found it somewhat justifiable to burn a Tesla or even to kill Donald Trump.

Here is the column: Continue reading “The American Jacobin: How Some on the Left have Found Release in an Age of Rage” →

Columns, Criminal law, Politics

Oh, That Influence Peddling: Times Finds Evidence Suggesting Hunter Acted as Foreign Agent

For years, some of us have written about the Biden family’s multimillion-dollar influence-peddling operation and the Justice Department’s refusal to charge Hunter Biden with being an unregistered foreign agent. Now, years later, the New York Times has found evidence suggesting that Hunter Biden was acting as a foreign agent as early as the Obama Administration, when his Dad was Vice President. Continue reading “Oh, That Influence Peddling: Times Finds Evidence Suggesting Hunter Acted as Foreign Agent” →

Bizarre, Criminal law

Rage and Racism: Nashville Shooter Switched School Target to Avoid Claims of Racism

Audrey Hale, the 28-year-old transgender shooter in Nashville, reportedly wanted to kill children so that she would not be forgotten. According to police, the only concern that she had throughout her “rage storms” was not that she would be called a mass murderer or child killer but a racist. Her primary grievance appeared to be with Creswell Middle School, where she was bullied as a transgender student. However, she dropped that target at the last minute because it had a large black population and she did not want to be thought of as a racist.

Continue reading “Rage and Racism: Nashville Shooter Switched School Target to Avoid Claims of Racism” →

Academia, Criminal law, Free Speech

UW-EAU Claire Department Chair Allegedly Destroys College Republican Table

We have been following the rise of political violence on the left since the Trump election. In reality, attacks on conservative and pro-life faculty and students is nothing new. Today, I am speaking at the University of North Carolina in Chapel Hill on free speech after a student recently trashed a pro-life table on the campus in Asheville. Now, on the campus of the University of Wisconsin-Eau Claire, a professor allegedly trashed a table of the College Republicans over their support for Wisconsin Supreme Court candidate Brad Schimel. The accused José Felipe Alvergue, is not just a professor but the chair of the English department. Continue reading “UW-EAU Claire Department Chair Allegedly Destroys College Republican Table” →

Bizarre, Congress, Criminal law, Politics

Rep. Goldman: The FBI Investigation of Tesla Attacks is “Political Weaponization”

For many of us who were long active in Democratic politics, it is becoming increasingly difficult to recognize the party as a new generation of foul-mouthed, censorship-supporting, mob-enabling leaders take over. That sense returned this week when Rep. Daniel Goldman (D-NY) claimed that the FBI investigating attacks on Tesla cars and facilities is nothing but “lawfare” and “political weaponization.” Goldman’s latest controversy captures how Democrats have now entirely cut the cords of decency and moderation that once tethered their party to the mainstream of our society. Continue reading “Rep. Goldman: The FBI Investigation of Tesla Attacks is “Political Weaponization”” →

Criminal law, Politics

It is Not “Karma,” It is a Crime: The Curious Silence Over Political Violence in New York

Yesterday, there was a curious aspect to the coverage of the video of a woman attacking a young man for wearing a MAGA hat. Ignored by many mainstream outlets, conservative news sites described the woman as a “Karen” who got “karma.” The video below was viewed as a funny payback as the woman fell while chasing the man from the New York subway car. However, the incident is not karma but a crime. This is political violence perpetrated on the New York subway, and yet no one in New York seems to be calling for the arrest of this person. Continue reading “It is Not “Karma,” It is a Crime: The Curious Silence Over Political Violence in New York” →

Columns, Criminal law, Politics

Murphy’s Law: How New Jersey’s Governor Turned Virtue Signaling into a Virtual Nightmare

Below is my column on Fox.com on the bizarre controversy surrounding New Jersey Gov. Phil Murphy and his suggestion that he was housing an illegal migrant in his home. It is a new version of Murphy’s Law on how virtue signaling can turn into a virtual nightmare for Democrats over immigration.

Here is the column: Continue reading “Murphy’s Law: How New Jersey’s Governor Turned Virtue Signaling into a Virtual Nightmare” →

Congress, Criminal law, Justice

Rounding up the Usual Suspects: Grassley Releases Familiar Name in the Origins of the Trump Investigation

For Senate Judiciary Committee Chairman Chuck Grassley (R-IA), the weaponization of the criminal justice system has always followed a certain Casablanca pattern. Like Claude Rains as the venerable Captain Louis Renault, it is simply a matter of “rounding up the usual suspects.” Grassley released FBI whistleblower records on Thursday showing that an anti-Trump figure, former FBI Assistant Special Agent in Charge Timothy Thibault, previously found to have violated the Hatch Act was a key factor in pushing the election charges brought by former Special Counsel Jack Smith. Continue reading “Rounding up the Usual Suspects: Grassley Releases Familiar Name in the Origins of the Trump Investigation” →

Constitutional Law, Criminal law

Hemphill and the Curious Pardon Precedent of the Supreme Court

As promised during the campaign, President Donald Trump pardoned most of the rioters from January 6th soon after taking office. The scope of the pardon was greater than expected. Indeed, many of us opposed the inclusion of those who were convicted of violent crimes against police officers. However, one recipient quickly stood out in the group for her refusal to accept the pardon: Pamela Hemphill. The right to refuse a pardon is found not in the Constitution but in a curious line of case law treating the executive action as an offer requiring acceptance. Continue reading “Hemphill and the Curious Pardon Precedent of the Supreme Court” →

Criminal law, Justice

Trump Pardons and Commutations Included Violent Offenders Who Assaulted Police Officers

On Tuesday, President Donald Trump stated that the roughly 1500 pardons and commutations for J6 defendants issued Monday night are not the final resolution of cases. The President indicated that some commutations may be converted into full pardons. What is now clear is that the executive action includes violent offenders. That is wrong regardless of any excesses in the handling of these cases. Continue reading “Trump Pardons and Commutations Included Violent Offenders Who Assaulted Police Officers” →

Columns, Criminal law, Politics

The End of Shock and Awe: How the Justice Department Made the Case for the J6 Pardons

Below is my column in the New York Post on the pardoning of the January 6th defendants by President Donald Trump. The scope of the pardon appears broader than some had hoped. What is clear is that any such relief should not extend to violent actors, particularly those who attacked police officers.  However, the Justice Department itself may have made the strongest case for presidential pardons.

Here is the column: Continue reading “The End of Shock and Awe: How the Justice Department Made the Case for the J6 Pardons” →

Columns, Criminal law, Justice, Supreme Court

Jacksonian Obstruction: Smith Explains How He Was Planning to Circumvent the Decision in Fischer

The release of the first part of Jack Smith’s report at midnight was the special counsel’s version of the Supreme Court’s Dobbs decision: we had seen it before. Putting aside the public filings where Smith fought to get this information out before the election, there was little new in the report. What the report did not contain is an explanation of how Smith destroyed his own cases against Trump. However, one notable element was Smith’s reliance on a dubious concurrence by Justice Ketanji Brown Jackson, the subject of a prior column on what would be an interpretation that was too clever by half. Continue reading “Jacksonian Obstruction: Smith Explains How He Was Planning to Circumvent the Decision in Fischer” →

Columns, Courts, Criminal law, Politics

Merchan’s Monster: Judge’s Attempt to Calm the Townspeople Fails Spectacularly in Trump Trial

Below is my column in the New York Post on the statement by Acting Justice Juan Merchan in the sentencing of President-elect Donald Trump. Merchan’s effort to justify the handing of the case sounded like the second defense argument made in the hearing. It likely changed few minds in the court of public opinion.

Here is the column: Continue reading “Merchan’s Monster: Judge’s Attempt to Calm the Townspeople Fails Spectacularly in Trump Trial” →

Columns, Criminal law, Lawyering, Politics

With the Trump Sentencing, the Verdict is in . . . for the New York Legal System

Below is my column at Fox.com on the sentencing of President-Elect Donald Trump. The conviction should be overturned on appeal. However, the most lasting judgment will be against the New York court system itself in allowing this travesty of justice to occur.

Here is the column: Continue reading “With the Trump Sentencing, the Verdict is in . . . for the New York Legal System” →

Criminal law, Supreme Court

Green Light: Supreme Court Votes to Allow Trump Sentencing But Could Merchan Pull a Bait-and-Switch?

The Supreme Court voted 5-4 to allow the sentencing of President-elect Donald Trump to go forward today. The bare majority was secured when Chief Justice John Roberts and Associate Justice Amy Coney Barrett voted with their liberal colleagues, Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson. However, part of the rationale for the decision was that Acting New York Justice Juan Merchan indicated that he was going to issue an unconditional discharge without any jail or probation. The question is whether Merchan could pull a bait-and-switch and decide to impose punishment. It is highly unlikely but intriguing. Continue reading “Green Light: Supreme Court Votes to Allow Trump Sentencing But Could Merchan Pull a Bait-and-Switch?” →