Category: Criminal law

Columns, Courts, Criminal law, Media, Politics

The Trump Sentencing: Curtain to Fall on Merchan’s Hamlet on the Hudson

Below is my column in the Hill on the sentencing this week of President-Elect Donald Trump in Manhattan. Judge Juan Merchan waited to schedule the hearing for just ten days before the inauguration, limiting the time available to appeal. His order suggests that, if there is any interruption or delay in his sentencing, he might follow the advice of Manhattan District Attorney Alvin Bragg and suspend sentencing for four years, a terrible option that we previously discussed. One could call that passively aggressive, but it seems quite actively aggressive.

Here is the column: Continue reading “The Trump Sentencing: Curtain to Fall on Merchan’s Hamlet on the Hudson” →

Bizarre, Criminal law

Grinch Grand Theft: FedEx Worker Charged with Dumping Christmas Gifts in the Woods
Mugshot of former FedEx worker Latavion Lewis.

There is an interesting criminal case out of Florida in which FedEx driver Latavion Lewis was charged with grand theft, illegal dumping, and an organized scheme to defraud. Yet, in this case, the grand theft was to throw out packages rather than deliver them. It is a type of Grinch Grand Theft charge that only raises questions about the handling of a certain case in 1966.

Continue reading “Grinch Grand Theft: FedEx Worker Charged with Dumping Christmas Gifts in the Woods” →

Criminal law

“Decidedly Not Credible”: Federal Court Rejects Spousal Immunity in Criminal Case

This week, Judge Mary Dimke of the United States District Court for the Eastern District of Washington issued an interesting ruling. In United States v. Bolen, she rejected spousal immunity in a criminal case where she believed the couple got hitched for evidentiary rather than romantic reasons. Continue reading ““Decidedly Not Credible”: Federal Court Rejects Spousal Immunity in Criminal Case” →

Criminal law, Politics

“This Orange County…They Don’t Play”: California’s Tougher Shoplifting Law Receives Curious Endorsement

Bodycam video of theftProposition 36, which increases punishments for some retail theft and drug possession offenses, overwhelmingly passed in California despite the opposition of Gov. Gavin Newsom and most Democrats.  Newsom denounced the measure as something that “takes us back to the 1980s, mass incarceration.” Despite discussing her tough-on-crime record in the election, Vice President Kamala Harris refused to support the measure or even state if she voted for it. Now, however, two shoplifters may have given the law the greatest endorsement.

Continue reading ““This Orange County…They Don’t Play”: California’s Tougher Shoplifting Law Receives Curious Endorsement” →

Criminal law, Lawyering

“No Authority to Proceed”: Georgia Appellate Court Disqualifies Fani Willis

Today, the Georgia Court of Appeals disqualified Fulton County District Attorney Fani Willis and her team in the prosecution of President-elect Donald Trump. The final collapse of the House of Willis came after months of her spending enormous amounts of time and money to try to stay at the lead of the high-profile case. Lawfare holds little value unless you are the lead warrior. Continue reading ““No Authority to Proceed”: Georgia Appellate Court Disqualifies Fani Willis” →

Academia, Criminal law, Media, Politics

Former Stripper Admits that She Lied About Gang Rape by Duke Lacrosse Players

Almost twenty years ago, the country was outraged by allegations of an African-American stripper that she was hired and then gang raped by white Duke Lacrosse players. The story followed an all-too-familiar pattern. The media, professors, and pundits immediately treated the allegations as true and declared the crime as a manifestation of our racist society. Many demanded immediate suspensions of all of the students as the racial and class conflicts were emphasized in the media. As I wrote previously, Duke University joined the mob against its own students and discarded any semblance of due process or fairness. Now, the accuser Crystal Mangum has admitted that she made the whole thing up in an interview on the independent media outlet “Let’s Talk With Kat.”  The problem is that little was likely learned in higher education from the experience. Continue reading “Former Stripper Admits that She Lied About Gang Rape by Duke Lacrosse Players” →

Criminal law, Politics

Greene Case Could Trigger New Georgia Law on Swatting

On Monday, Rep. Marjorie Taylor Greene, R-Ga., was again the victim of a swatting call at her north Georgia home. This call, however, had a lethal difference: an officer was involved in a crash in rushing to the scene to join the bomb squad. A woman was killed. The incident will trigger a new Georgia law on swatting and raise questions over legal responsibility for such lethal consequences from such crimes. Continue reading “Greene Case Could Trigger New Georgia Law on Swatting” →

Congress, Constitutional Law, Criminal law

No, the J6 Committee Should Not “Go to Jail”

President-Elect Donald Trump gave President Joe Biden and his critics a major boost this weekend by stating on NBC’s Meet The Press that he believes that the entire J6 Committee “should go to jail.” Despite weeks of saying that he did not plan any campaign of retribution and “success will be my revenge,” Trump undermined those statements with the statement, which the media is now playing up as proof that he is going to unleash a vengeance campaign. Many in the media are also omitting that Trump immediately said “no” to whether he would direct either the Attorney General or the FBI director to indict or investigate.  The fact, however, is that there is no viable criminal case to be made against the J6 Committee members for their investigation or report. We need to move beyond the rage rhetoric if this country is going to come together to face the tough challenges ahead. Continue reading “No, the J6 Committee Should Not “Go to Jail”” →

Criminal law, International, Justice, Media, Politics

Justice Department Indicts Alleged Swatters of Turley, Members of Congress, and Others

Yesterday, I was notified by the Justice Department confirming that a recent swatting indictment includes the person or persons responsible for my own swatting a year ago. One of the defendants, Thomasz Szabo, was arrested a couple weeks ago. Continue reading “Justice Department Indicts Alleged Swatters of Turley, Members of Congress, and Others” →

Congress, Criminal law, Torts

Report: The Officer Who Killed Ashli Babbitt Had a Long History of Disciplinary and Training Problems

I have previously written about the dubious investigations of the shooting of Ashli Babbitt on Jan. 6th and the alleged violation of the standards for the use of lethal force by the officer who shot her. I strongly disagreed with the findings of investigations by the Capitol Police and the Justice Department in clearing Captain Michael Byrd, who shot the unarmed protester. Now, Just the News has an alarming report of the record of Byrd that only magnifies these concerns. Continue reading “Report: The Officer Who Killed Ashli Babbitt Had a Long History of Disciplinary and Training Problems” →

Columns, Criminal law, Media, Politics

The Layaway Presidency: How Alvin Bragg Would Create a New Constitutional Creature

Below is my column in the New York Post on the effort of Alvin Bragg to suspend the criminal case against President-Elect Donald Trump for almost five years. It would be a terrible choice for the court and for the country.

Continue reading “The Layaway Presidency: How Alvin Bragg Would Create a New Constitutional Creature” →

Animals, Bizarre, Criminal law

The Bear Necessities of Larceny: Californians Arrested for Fraudulently Staging Bear Rampage

Four Californians this week have learned a critical lesson in the bear necessities of life and larceny. Ruben Tamrazian, 26, of Glendale, Ararat Chirkinian, 39, of Glendale, Vahe Muradkhanyan, 32, of Glendale, and Alfiya Zuckerman, 39, of Valley Village are accused of a novel fraudulent scheme in which a compatriot donned a bear outfit and pretended to be a wild animal trashing their luxury cars, including a 2010 Rolls Royce Ghost, a 2015 Mercedes G63 AMG and a 2022 Mercedes E350. Continue reading “The Bear Necessities of Larceny: Californians Arrested for Fraudulently Staging Bear Rampage” →

Columns, Congress, Courts, Criminal law

The Second Resistance Movement: Why the Campaign Against Trump This Time is Different

Below is my column in The Hill on the growing calls for an organized resistance to the Trump Administration by Democratic governors and prosecutors. They may find, however, that the resistance movement this time around will be facing significant legal and political headwinds.

Here is the column: Continue reading “The Second Resistance Movement: Why the Campaign Against Trump This Time is Different” →

Columns, Criminal law, Politics

Behold The Flying Dutchman: Trump Prosecutors Find Themselves on Listless Ships Without a Port of Call

Below is my column in The Hill on the collapse of the lawfare campaigns against Trump. The first to go will likely be the two cases by Special Counsel Jack Smith, who became a lame-duck prosecutor at around 2:30 am last Wednesday. We are also waiting for what is likely to be a reduction or even a rejection of the Trump civil case by Attorney General Letitia James. While Democratic prosecutors are likely to continue, if not ramp up, their lawfare efforts, Trump will enter office with a fraction of the existing legal threats that have dogged him for years. For prosecutors, they are left like the ancient mariner:

 

Day after day, day after day,
We stuck, nor breath nor motion;
As idle as a painted ship
Upon a painted ocean.

Here is the column: Continue reading “Behold The Flying Dutchman: Trump Prosecutors Find Themselves on Listless Ships Without a Port of Call” →

Columns, Criminal law, Politics

The Thrill is Gone: Will the Prosectorial Campaigns Collapse with the Political Campaigns Against Trump?

Below is my column in the New York Post on the developments in the pending Trump cases. I previously wrote that, if Trump prevailed in this election, it was likely that Special Counsel Jack Smith would “not see a jury in either of his cases.” This morning, Smith is reportedly in discussions on the possible dropping of his two federal cases against the president-elect. The prosecutorial campaigns appear to be collapsing with the political campaigns against Trump.

Here is the column: Continue reading “The Thrill is Gone: Will the Prosectorial Campaigns Collapse with the Political Campaigns Against Trump?” →