A A new discovery may have solved the long-standing mystery of who stole a Willem de Kooning painting worth more than $100 million. The theft in 1985 was a brazen crime by a man and a woman who cut out “Woman-Ochre” from its frame in November 1985. The painting was found a year ago at a home in New Mexico belonging to Jerry and Rita Alter. A newly discovered picture not only puts the couple in Tucson the day before the heist but it shows a striking resemblance to the suspects.
Category: Criminal law
Below is my column in USA Today on the most recent claim that the tweets of President Donald Trump concerning the Special Counsel are acts of obstruction. Once again, there is a blind eagerness to claim a prime facie criminal case against Trump. However, the implications of such a charge are enormous. It would mean that a subject or target of an investigation could be criminally charged for publicly denouncing the prosecutors or their investigation. While it is certainly true that a president is not just any investigatory subject and has powers that do mean a menacing meaning to such tweets, it would radically extend the scope of obstruction into more ambiguous areas. In the end, this is still the exercise of free speech in this context.
Continue reading “Trump’s Tweets Are Cathartic and Costly But Not Crimes”
In a major building block for the prosecution of former Trump campaign head Paul Manafort, prosecutors put on the stand his accountant who demanded a grant of immunity because he admitted to filing returns for Manafort that he believed to be fraudulent. All however did not go as well for the prosecutors after the judge again lashed out at prosecutors of their effort to use Manafort’s opulent lifestyle to poison the jury.
Continue reading “Witness Admits To Filing Presumed False Tax Returns For Manafort”
Below is my column in the Hill newspaper on the Manafort trial and why Manafort is pursuing a high-risk litigation strategy over a plea deal. The strategy looks strikingly like a pardon pitch and it could be working. President Donald Trump took the rare step of commenting on a case at trial to not only praised Manafort but analogized his case to the treatment of Al Capone. He tweeted that “Looking back on history, who was treated worse, Alfonse Capone, legendary mob boss, killer and ‘Public Enemy Number One,’ or Paul Manafort, political operative & Reagan/Dole darling, now serving solitary confinement – although convicted of nothing? Where is the Russian Collusion?” Of course, both could well be guilty and both could find that a criminal count with a ten year sentence is just about the same as another in terms of its impact on your life.\
Here is the column: Continue reading “Playing The House: Why Manafort May Have Taken The Highest Risk Option”
The Justice Department received well-deserved pushback yesterday in the trial of Paul Manafort from U.S. District Judge T.S. Ellis who noted that it’s not a crime to be rich in America. The Justice Department has been trying every possible way of introducing pictures and witnesses detailing Manafort’s “extravagant lifestyle” in the jury trial. This includes such items as his $15,000 jacket that’s “made from an ostrich.” On style values alone, many of us would be tempted to convict on the Ostrich jacket but that is hardly what Manafort is charged with. Nevertheless, the government got plenty by using lifestyle witnesses to confirm Manafort’s use of direct wire transfers from his many foreign accounts — a practice that was recalled as exceptionally rare by the witnesses.
Continue reading “Mr. Manafort And His $15,000 Ostrich Coat”
Sweden was the scene of a heist this week that is worthy of Ocean Eleven or The Thomas Crown Affair. A gang of thieves hit the Strangnas Cathedral. The 900-year-old church (located about 50 miles from Stockholm) houses the royal treasure of King Karl IX and Queen Kristina. It was surprisingly easy — a smash and grab followed by a high-speed boat getaway. Continue reading “The Swedish Crown Affair: Treasure Snatched By Gang Of Thieves Outside Stockholm”
President Donald Trump continued his ill-advised tweeting about the Special Counsel investigation, calling on Attorney General Jeff Sessions to stop Robert Mueller “right now.” Putting aside that Sessions correctly recused himself from such matters over a year ago, the demand for terminate the investigation undermines Trump’s legal team and, for those other than his core base, it comes across as defensive and increasingly alarmed about the investigation. I have never understood these tweets because I have yet to see compelling evidence of a crime by Trump linked to obstruction or collusion.
Continue reading “Trump: Sessions Should Terminate The Mueller Investigation “Right Now””
Lost in the mix of Manafort and other news, there is a significant development in Special counsel Robert Mueller’s investigation. Mueller has referred a number of cases to the Southern District of New York for possible prosecution, including reportedly case involving longtime Democratic lobbyist Tony Podesta and his work for his former firm, the Podesta Group and former Obama White House counsel Greg Craig, a former partner at law firm Skadden, Arps, Slate, Meagher & Flom LLP. It is not clear if charges would emerge from these cases but the referral further decentralizes the investigation.
Continue reading “Mueller Sends More Cases To SDNY For Possible Prosecution”
There are patdowns and then there are patdowns. This one was particularly memorable for North Carolina sheriffs after they found $100 worth of steaks down the pants of a guy pulled over on a moped. My question is what happened to the ribeyes: evidence locker or spontaneous grill taste and testing? I certainly hope that they did not end up back on the store shelf after being down a guy’s pants as he rode down the highway on a moped.
President Donald Trump today weighed in, again, on the Russian investigation with a tweet declaring that “collusion is not a crime.” He is correct. Indeed, I was raising this objection before the appointment of the Special Counsel. For months, commentators treated collusion as if it were a per se crime. However, it is unwise for Trump to continue to weigh in on the investigation though he is clearly undeterred by complications created legally by his tweets in litigation (particularly in the immigration challenges).
Philadelphia has announced that it will formally end its information-sharing agreement with Immigration and Customs Enforcement (ICE) – a move following protests against ICE. Democratic Mayor Jim Kenney declared “If I could abolish ICE, I would. But we can abolish this contract, and we are.” While a court recently ruled against the Administration on withholding federal grants from sanctuary cities, the growing confrontation with ICE is likely to grow as the Trump Administration pursues penalties against such cities. Continue reading “Philadelphia Ends Sharing Information With ICE”
Below is my column in the Hill newspaper on the implications of Michael Cohen accusing Donald Trump of lying about his lack of prior notice of the meeting at Trump Tower with Russians offering dirt on Hillary Clinton. Cohen’s allegations present an obvious risk not only to Trump but himself. What is most striking is that Cohen is alleging that specific people were in the room during Trump’s briefing and his approval of the meeting. That is an unnecessary risk to take if you are lying about the meeting as opposed to alleging a one-on-one conversation with Trump. Thus far, no one has corroborated his story while the Trump team is alleging proof that the critical tape has been altered.
Here is the column: Continue reading “Cohen Is Done But Not Finished In His M.A.D. Legal Strategy”
Below is my column in the Hill newspaper on the calls for the impeachment of Deputy Attorney General Rod Rosenstein. While the key sponsors have indicated that they may be willing to delay this effort, many continue to advocate for a vote on articles of impeachment. As I have previously said, that would be a mistake. Putting aside the historical and constitutional reasons discussed below, this is the worst possible time for the Republicans to lower the standard for impeachment. The Democrats could well retake the house in November and the effort against Rosenstein could make it all the more easy for Democrats to pursue Donald Trump after the midterm elections. Continue reading “Republicans Need To Consider The Consequences Of A Rosenstein Impeachment”
Below is my column in the Hill newspaper on release of the first Cohen tape and rumored seizure of many more such tapes by federal prosecutors. I have previously stated that the secret taping of Donald Trump was, in my view, flagrantly dishonest and disloyal in dealings with a client. While the American Bar Association relaxed the rule against secret taping from being per se unethical, few lawyers would contemplate what Cohen did to his client. Indeed, New York is a jurisdiction that looks with disfavor on such taping as a routine matter. Unless done for some clear societal benefit, it is a serious potential unethical act. Michael Cohen continues to be an embarrassment to the profession in his low level of legal judgment and even lower professional standards of conduct.
Here is the column:
Michael Cohen is reportedly ready to give Special Counsel Robert Mueller key testimony contradicting not only President Donald Trump but the sworn testimony of his son, Donald Trump Jr. He will reportedly say that Trump was aware of the planned meeting with the Russians in Trump Tower. Such testimony may also contradict Cohen’s own statements, which would make a deal all the most essential with Mueller. Cohen’s lawyer Lanny Davis has announced that “Cohen is trying to reset his life . . . This is a turn for him. It’s a new resolve to tell the truth no matter what, even if it endangers him.” It certainly could be dangerous if it contradicts sworn testimony or statement to investigators Continue reading “Cohen Reportedly Ready To Testify That Trump Knew Of The Planned Russian Meeting In Trump Tower”