Category: Criminal law

McCabe Demands Immunity From Congress

Andrew_McCabe_official_photoIn what must be a particularly awkward move for the former acting FBI Director, Andrew McCabe has demanded immunity in exchange for his testimony from the Senate Judiciary Committee.  As we have discussed, McCabe has raised hundreds of thousands of dollars for his criminal defense and the Inspector General referred his case for possible prosecution for lying to investigators.  The Senate wants to hear his testimony on how senior officials at the FBI and Justice Department handled the investigation of Hillary Clinton’s private email server.

 

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Mueller Accuses Manafort Of Witness Tampering And Seeks Jail

440px-Director_Robert_S._Mueller-_IIIPrisonCellJust days after President Donald Trump was seen as sending a message to Mueller targets that he could still help them with pardons, Special Counsel Bob Mueller could be sending a message of his own: your future may belong to the President but your present belongs to me.  In a major move, Mueller has accused Paul Manafort of witness tampering and is seeking his possible jailing in an adjustment of his pre-trial status. For someone like Manafort, jail can be a panic-inducing element in an already nightmarish case.  The motion seeks to “revoke or revise” his current status of home confinement before trial.

 

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Junior High Teacher Charged Criminally After Feeding Puppy To Snapping Turtle In Class

1115ast1There is an interesting (and rather disgusting) case out of Idaho where science teacher Robert Crosland is facing six months in jail after a national controversy over his feeding of a live puppy to a snapping turtle in front of students in his class at Preston Junior School. The exercise would ultimately lead to the death of both the puppy and the turtle in addition to the criminal prosecution of Crosland.

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Guiliani: Trump Could Have Shot Comey In Oval Office And Not Face Indictment

225px-rudy_giulianiAs I discussed on Morning Joe this morning, I was surprised when President Trump’s counsel Rudolf Giuliani declared in an interview that Trump could have shot James Comey in the Oval Office and not faced indictment under the Constitution.  For those of us who have long argued against sweeping immunity arguments in favor of presidents, this is the hypothetical that we often raise to prove our point.  It is bizarre to hear someone use it as an argument in favor of such immunity claims.  I have previously written that I believe a sitting president can be indicted.  Article II is not where the homicidal meets the constitutional.

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Sessions and the Deep State Defense: Trump’s Emerging Defense Against Obstruction Claims

jeff_sessions_official_portraitBelow is my column in USA Today on one of the lines of inquiry by Special Counsel Robert Mueller: the stated desire of President Donald Trump to fire Attorney General Jeff Sessions and his poor public criticism of the Attorney General for recusing. That inquiry has become more damaging with recent disclosures of an effort by Trump to convince or coerce Sessions to reverse his decision to recuse himself.  Despite renewed calls for obstruction charges or impeachment counts, there is a clear defense emerging for Trump based on recent comments.  Indeed, it may be the only viable defense that accepts these facts while rejecting the claim of criminal obstruction (other than the untested claim that Trump is effectively immune from such a charge).

Here is the column:

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Trump Team Admits President Dictated Trump Jr. Letter Despite Prior Denials

Dictation_using_cylinder_phonographIn yet another contradiction from the Trump legal team, the recent letter to Special Counsel Robert Mueller included the notable admission that Trump “dictated” the statement that is at the center of the obstruction investigation.  Previously, Trump lawyers, particularly Jay Sekulow, categorically denied that Trump had drafted the letter.  Once again, these are continuing unforced errors produced by either a failure of attorney-client communications or a lack of due diligence. Either way, it is an example of how much of his investigation has been fueled by sheer blunders.

 

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Sessions And How No Good Deed Goes Unpunished In Washington

jeff_sessions_official_portraitBelow is my column in The Hill newspaper on the continuing attacks on Attorney General Jeff Sessions.  There is obviously an effort to push Sessions into resigning while laying the groundwork for firing him if he is still around after the completion of the Mueller report.  Sessions on the other hand is standing firm, a position that is clearly encouraged by career officers at Justice who view the threats as undermining the integrity of the department.

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Victoria’s Secret Is Out: Former Apple Employee Found Guilty In Embezzling $243,000 To Buy Lingerie and Other Items

download-3Toni Ann Branca, 42, was a loyal customer at Victoria’s Secret, but the problem was that she was far less loyal to her employer, Apple. Branca is accused of buying considerable amounts of merchandize from the lingerie business as part of a $243,000 embezzlement scheme. This proved the one secret that she could not take after the charges on a company credit card were detected by Apple.

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Former High School Dean Convicted For Shooting Student Involved in His Narcotics Business

a2994a2d56de4556abcbc0e6f3e12a8c_originalFormer high school dean Shaun Harrison, 58, has been found guilty in one of the most bizarre and disturbing criminal cases in Boston.  Harrison was an anti-violence advocate that the students called “the Rev.”  He turned out to be a drug dealer who shot a student who was selling pot for him.

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Former USC Dean Fights For His License After Former Prostitute Overdoses In His Hotel Room

download-1According to the Los Angeles Times, Carmen Puliafito, 67, the former Dean at the University of Southern California’s Keck School of Medicine, was pushed into drug use by a 21-year-old former prostitute named Sarah Warren.  His counsel argued that the Harvard-trained ophthalmologist is bipolar and became “addicted” to the young woman who led him into perdition.

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“What I’m Going To Do To You Is Going To Be F–ing Disgusting”: Michael Cohen In His Own Voice

The_Daily_Beast_logoI have been a long critic of President Donald Trump’s personal attorney Michael Cohen for over a year for his thuggish and often incompetent practice of law.  He has matched his lack of legal skills with an abundance of greed, including blatant efforts to sell access to Trump to foreigners and private companies.  Now people can listen to Cohen in his own voice as he performed his signature function for Trump: threatening a reporter for the Daily Beast and his acquaintances with ruin if he ran a negative story about a 1993 Trump biography.

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Missouri Prosecutors Condition Dropping Of Charges Against Greitens On His Promising Not To Sue Them

Eric_Greitens_2011-7The resignation of Missouri Gov. Eric Greitens is little surprise given the myriad of criminal charges brought against him for sexual misconduct and campaign violations. This resignation comes after St. Louis Circuit Attorney Kim Gardner dismissed a felony charge accusing Greitens for allegedly tampering with computer data involving the donor list of a veterans’ charity he founded. What stood out in the agreement with Gardner was a condition that I have always found problematic and should be barred under state law: a promise not to sue Gardner or her office.  Greitens offered to resign as a condition for the settlement. Continue reading “Missouri Prosecutors Condition Dropping Of Charges Against Greitens On His Promising Not To Sue Them”

The Third Option: Rather Than Pick Sides, The Public Can Pick The Truth

440px-Official_Portrait_of_President_Donald_Trumpsally_q-_yatesBelow is my column in the Hill newspaper on the decision to investigate the alleged informant targeting Trump associations and the criticism from former Acting Attorney General Sally Yates.  As noted below, I believe that Deputy Attorney General Rod Rosenstein did the right thing in referring this issue to the Inspector General for investigation.  That does not mean that a finding of wrongdoing is likely. To the contrary, my expectation is that the use of the informant will be viewed as appropriate absent additional unknown facts. However, as this piece discusses, there is a strong public interest in resolving this question either way.

Here is the column:

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Florida Lawyer Disbarred After Offering Lower Fees For Sexual Relations

BLACKBURN-678x381The Florida Supreme Court on Thursday unanimously decided to disbar attorney Anthony Wayne Blackburn this week and the result would seem inevitable given the accusations against Blackburn of trading lower fees for sex with two incarcerated women.  What is surprising is that the Florida bar actually wanted only to suspend Blackburn for the misconduct, a shockingly low penalty for an attorney accused of a shocking abuse of the attorney-client relationship. Continue reading “Florida Lawyer Disbarred After Offering Lower Fees For Sexual Relations”

GWU Sued For Refusing Appeal In Sexual Assault Case Despite Allegations of False Testimony

150px-gwulogoGeorge Washington University is embroiled in a federal challenge against its handling of a case by one of our students accused of sexual assault.  The case raises troubling questions of the school’s actions following the disclosure of alleged false statements by an accuser.  Many years ago, I wrote a letter to the GW faculty objecting to changes in our rules governing the investigation and adjudication of sexual harassment and assault cases.  Like many universities during the Obama Administration, GW was reducing protections for students accused of such misconduct under pressure from the Department of Education (here and here),  Now, a “John Doe” has raised some of those very concerns in the alleged refusal of the school to allow an appeal in his case following the discovery of potentially exculpatory evidence. Continue reading “GWU Sued For Refusing Appeal In Sexual Assault Case Despite Allegations of False Testimony”

Res ipsa loquitur – The thing itself speaks