Category: Criminal law

A Higher Priority: The Investigation of James Comey Raises Serious Questions Over His Leaking Of FBI Material

440px-Comey-FBI-PortraitBelow is my column in The Hill newspaper on the reported investigation of former FBI Director James Comey for his removal and leaking of memos related to the Russian investigation.  The release of the memos already contradicts critical aspects of Comey’s explanation for his leaking of the information.  What is troubling is that many have worked mightily to avoid the clearly unprofessional aspects of Comey’s conduct.  Comey could well be accurate in his account of Trump and justified in his concerns over Trump’s conduct but that does not excuse the actions that he has exhibited in both the leaking of the memos and the timing of his book.  Comey’s best-selling book, A Higher Loyalty: Truth, Lies, and Leadership, could prove tragically ironic if Comey showed a higher loyalty to himself in responding to his own firing rather than the investigation that he once headed. In the very least, there remains a serious question of Comey’s priorities in these matters.

Here is the column:

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“I’m A Nice Guy”: Accused Felon Goes On Rampage With Machete And Threatens To Put Housemate’s Head On Spear

Joshua Taylor, 25, insisted that “I am a nice guy” but police may need a bit more supportive evidence.  Taylor threatened to put his housemate’s head on a spear and went on a rampage with a machete.  Taylor has 24 convictions for 48 crimes, including for public order and criminal damage.

 

 

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Erdogan Takes A Hostage: Authoritarian Turkish Leader Demands U.S. Turn Over Dissident In Exchange For American Pastor

Recep_Tayyip_Erdogan_2017We have followed the rapid destruction of the secular government and civil liberties in Turkey under the authoritarian rule of Erdogan. Erdogan used a failed coup to push his effort to create a de facto Islamic regime and to complete his work in arresting his critics, including forcing the resignation of thousands of secular academics, and suspending all civil liberties in a proclaimed state of emergency. Previously, Erdogan threatened the United States if it didn’t handIslamic cleric Fethullah Gulen over to him and that a failure to yield to his demands would be a “big mistake.”  Now he is taking hostages.  Erdogan is suggesting that he will not turn over pastor Andrew Brunson (who was arrested in 2016) unless we turn over Gulen for likely torture and execution.  Erdogan, who has destroyed the once free press of Turkey as well as secular institutions, is leaving no doubt as to his achieving tyrannical rule in the once modern Islamic nation.

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McCabe Resumes Call For Donations As Prosecutors Review Possible Criminal Charges Against Him

McCabeBelow is my column in The Hill newspaper on the referral of the Inspector General of the Justice Department of criminal charges against former acting FBI Director Andrew McCabe to the U.S. Attorney’s Office in Washington, D.C.  Unlike most referrals, this comes after an extensive investigation of McCabe where the IG, and the Office of Professional Responsibility, made unprecedented recommendations against McCabe after concluding that he lied repeatedly for his own personal interest.  It also follows a public statement by former FBI Director James Comey and McCabe’s account is untrue.  That will put a great deal of pressure on U.S. attorney for the District of Columbia, Jessie Liu, who President Trump appointed in July 2017.  Given the charges against others, like Flynn, McCabe is in a particularly bad position for such a referral. It now appears that McCabe will ask for more donations from the public.

Here is the column:

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Liar, Liar, DOJ On Fire? Comey and McCabe Offer Sharply Conflicting Accounts

440px-Comey-FBI-PortraitAndrew_McCabe_official_photoI previously wrote that President Donald Trump has the curious skill of bringing out the worst in his critics.  In the last two weeks, two of Trump’s greatest critics have not only faced their own investigations into leaks by the Inspector General (and McCabe is now the subject of a criminal referral for prosecution), they are increasingly at odds with one another. It is clear that either Comey or McCabe is offering a false account of leaks from the Justice Department.  With McCabe now promising defamation lawsuits and the possibility of a prosecution, this could get much worse before it gets better.

 

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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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Res ipsa loquitur – The thing itself speaks