Category: Criminal law

Some Like Their Fajitas Hot . . .

After pleading guilty to theft by a public servant, Gilberto Escamilla, 53, was sentenced to 50 years in prison after being convicted of stealing $1.2 million in fajitas with county funds.  Given where the fajitas were heading, he may have less than a warm welcome in prison.  He worked at the Cameron County Juvenile Justice Department.

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D.C. Council Member Who Believed That Jewish Bankers Control the Weather Leaves Holocaust Museum Tour Early After Bizarre Observations

Trayon_WhiteWe recently discussed the bizarre statement from D.C. Council member Trayon White Sr. (D-Ward 8) that Jewish bankers controlled the weather.  White’s stupefying stupidity became an international sensation, which he did not help with his apology: “I have spoke [sic] to leader and my friends at Jews United for Justice and they are helping me to understand the history of comment [sic] made against Jews.”   Putting aside the need for a refresher, White sought to mollify his critics with a visit to the Holocaust Museum which has made the situation only worse with bizarre questions and an early departure.

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Comey Explains His Investigative Basis For Saying Trump Is “Possibly” Being Blackmailed By The Russians

440px-Comey-FBI-PortraitI previously criticized former FBI Director James Comey for his declaration that President Donald Trump is “possibly” under the influence of compromising information held by the Russians.  There has of course been considerable speculation about “Golden Showers” and Russian prostitutes. However, when the person who once headed the investigation pointedly discussed the possibility, it suggests something more than speculation.   It turns out that it was based precisely on that . . . speculation.

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Dust-Off The Mugshot: Michigan Woman Accused Of “Huffing” At Costco.

 

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Comey and McCabe Leap From The Moral High Ground Into The Trump Abyss

440px-Comey-FBI-PortraitAndrew_McCabe_official_photoBelow is my column in USA Today on the rapid demise of James Comey and Andrew McCabe, who have fulfilled the very stereotypes drawn by President Donald Trump.  Comey continues to spin the controversy over his book as fulfilling what he saw as a need for ethical leadership (i.e., Comey himself).  Comey acknowledged that he never asked Mueller if he should wait on the book.  Why? If you are so committed to the FBI and this investigation, why would you not ask about the possibly deleterious effects of a tell-all book (which discussed both public and nonpublic evidence).  Clearly the book was not helpful to the investigation, but that did not matter to Comey who saw the greater need as advancing himself as the personification of virtue and ethics — while cashing in on the first tell-all book from a former FBI Director.

Here is the column:

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After The Inspector General Report, Questions Grow Over The Lack Of A Criminal Referral For McCabe

McCabeJustice Department Inspector General Michael Horowitz has released his watchdog report on the conduct of former Deputy FBI Director Andrew McCabe and it is scathing.  As I discussed in an earlier column, McCabe took the unprecedented step of a top former FBI officer of asking for donations on GoFundMe and racked in more than half a million dollars.  He notably raised the money and then closed the site not long before the release of the report showing that he repeatedly made false statements to investigators as well as Comey.  It was like creating a victim fund before police concludes whether you were attacked or the attacker.  Horowitz did not convey any doubt as to McCabe being the culprit.  He and his career staff found that McCabe not only lied but did so to advance his personal — the public’s — interest. If that is the case, it only magnifies the concerns over the treatment of McCabe as opposed to the Trump officials (like Michael Flynn) who he once investigated.  The fact that he had the audacity to raise a half million dollars before the facts were made public only heightens these concerns.

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McCabe Alleges Other DOJ Officials Leaked To Media And Questions Comey’s Value As Witness

McCabeFormer acting FBI Director Andrew McCabe responded angrily to the finding of the Inspector General report and notably attacked the recollection of former FBI Director James Comey as a witness.  As I discussed in an earlier column, McCabe raised over a half million dollars on GoFundMe before the release of the report showing that he repeatedly made false statements to investigators as well as Comey.  The report by Inspector General Michael Horowitz, appointed by President Barack Obama is blistering and says that McCabe intentionally lied to protect his image and record.  McCabe lashed out at the career officials behind the report and said Comey’s countervailing memory should not be given much credence.

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Texas Lawyer Sentenced To 80 Years For Coercing Female Clients In Sexual Encounters

BENAVIDES,_MARK-SID_495595Texas attorney Mark Benavides will spend the rest of his life in jail for coercing female clients to have sex him in exchange for legal services.  A jury has now sentenced him to 80 years in prison.  Benavides was running for a judgeship as a Democrat when he was arrested.  He was disbarred in 2016.

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Bang, Bang, Boom: The Risks Of Firing Rod Rosenstein


Below is my column in The Hill newspaper on the danger of President Donald Trump firing Deputy Attorney General Rod Rosenstein. Reports still indicate that Trump is pushing to fire Rosenstein — a move that would seriously undermine both his political and legal position.

Here is the column:

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Prelude For Pardons Yet To Come? Trump To Pardon Scooter Libby

LEWIS LIBBY PORTRAITPresident Donald Trump has reportedly signed a full pardon for Scooter J. Libby, the former chief of staff to Vice President Dick Cheney. Given the conviction for allegations against Libby, it is hard not to draw an analogy to figures like Michael Flynn or even Michael Cohen.

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Mr. President, Beware Of The Wolf Trap

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Below is my column in The Hill newspaper on the greatest danger for President Donald Trump in the raids on his personal attorney’s office, home, and hotel room.  Michael Cohen’s real threat may be as bait — either by design or default.  It is the perfect Wolf Pit and Trump could prove the ultimate prize if he is not restrained in his reaction to the raid.  The most significant blows for his Administration has been the result of Trump’s responses to events.  The most obvious was his disastrous decision to fire Comey in the middle of the Russian investigation.  Already, the Cohen raid has reportedly pushed Trump away from speaking with Mueller.  Cohen has already maximized the damage to himself and his client. He may now have derailed the effort of Trump’s D.C. legal team to prepare him for a sitdown with Mueller on four categories.  At the same time, Trump is reportedly back to threatening that he might fire Mueller or Rosenstein or Sessions.  Despite the overwhelming view of experts and Republican leaders that such a move would highly damaging to his Administration and could trigger impeachment proceedings, there is still a palpable fear that that Trump could take such a self-defeated course.

Here is the column:

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Cohen: “I’d Rather Jump Out Of Building Than Turn On Donald Trump”

US_Capitol_Building,_East_side_steps_and_domeI have previously noted that the ultimate strategy for Michael Cohen, the personal lawyer of President Donald Trump, could be a presidential pardon.  With a search warrant covering everything from Stormy Daniels to Ukrainian transactions to Russian deals to taxi medallions, the situation looks pretty bleak for Cohen (who was also allegedly today to be in arrears on his taxes for his medallion business).  As I noted in my recent column, two men are in a position to get Cohen out of the quagmire of his own creation: Trump and Mueller.  If there was any question of whether Cohen is more likely to pursue a pardon than a deal, it was in his comment yesterday to a radio show host:  “I’d rather jump out of a building than turn on Donald Trump.”

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Sheriff Youngblood: Cheaper To Kill Than Wound Suspects

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Mr. President, If “Many People Have Said You Should Fire Mueller” . . . Many People Are Wrong

440px-Director_Robert_S._Mueller-_IIIdonald_trump_president-elect_portrait_croppedPresident Donald Trump  renewed his public discussion over firing Robert Mueller after the search of his lawyer’s office, a move that would be the single most destructive act since  . . . well . . .  Trump fired James Comey.  It would not only not stop the investigation but it would expand calls for impeachment.  The statement clearly thrilled many of his critics who relished the idea of the largest unforced error in history since New York Giants center fielder Fred Snodgrass blew Game 8 of the 1912 World Series with the Boston Red Sox.  Of course, dropping that ball cost New York the World Series. This could cost Trump his presidency.  I have a column out this morning in the Hill on this issue.

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Res ipsa loquitur – The thing itself speaks