Category: Criminal law

Sessions Moves To End The Spin Cycle: The Independent Investigation of FBI Allegations Is Long Overdue

jeff_sessions_official_portraitBelow is my column in The Hill newspaper on why a separate and independent investigation of the FBI’s conduct is warranted.  My support for the investigation is not because I believe that criminal charges will likely be brought. Rather, I have never seen our country more divided and I cannot imagine any way for us to get beyond this poisonous political environment without full and complete investigations with public disclosure of the findings.  As I have stated in interviews, I comment Attorney General Jeff Sessions in not only giving this matter to the Inspector General but ordered U.S. Attorney John Huber to assist in the investigation.  The combination of the U.S. Attorney and the Inspector General is likely to expedite the investigation and maximize the options for the Justice Department — including the option reserved by Sessions to eventually order the appointment of a Special Counsel.  Critics of Sessions are missing the import of the joint investigation.  He has selected a line prosecutor from outside of the Beltway to review the conduct of FBI officials, including James Comey and Andrew McCabe. Huber adds prosecutorial experience and powers to the ongoing IG investigation.

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GoFundMe: McCabe launches Online Drive For Donations For A Legal Defense

screen-shot-2018-03-29-at-9-15-07-pm.pngFormer FBI deputy director Andrew McCabe has launched an online fundraiser on GoFundMe to raise $150,000 to cover the legal costs for McCabe.  Money has poured in with adjustment of the “goal” upward to $250,000.  It has now surpassed that goal.  What is interesting is that McCabe is moving to tap into the contributions before the public learns what caused career Justice officials to seek the unprecedented termination of the former acting FBI Director.

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Connecticut High School Student Posts Picture Of Airsoft Gun That He Received As Birthday Present . . . Police Promptly Arrest Him and School Suspends Him

amity-regional-high-schoolDespite national outcry over the blind application of “zero tolerance” rules, school and police officials continue to throw kids into the criminal justice system without any logic or judgment.  The latest example is Zach Cassidento, a high school senior at Amity High Regional School who suspended and arrested after simply posted a picture of his birthday gift — an “Airsoft gun,” on Snapchat.  He was not charged but was suspended for a day from school.

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In the Wake Of Stormy Daniels: Trump Must Face A Credible Threat From An Incredible Character

donald_trump_president-elect_portrait_croppedBelow is my column in The Hill Newspaper on the potential legal fallout from the Stormy Daniels interview on CBS 60 Minutes.  Notably, yesterday the White House again expressly denied not just the “allegations” but specifically the allegation that President Donald Trump had a sexual tryst with the porn star.  That direct denial is precisely what I have warned against in this and other columns.  While the Daniels matter is not currently on the table with the Special Counsel, the worsening situation only reinforces why I believe Trump should close the deal on a sit down on the four prior subject matters lead out by Robert Mueller.  Notably, my repeatedly stated view that Trump should sever any ties with his radioactive personal counsel Michael Cohen does not appear likely since Trump just arranged a dinner with Cohen at Mar-a-Lago.  

Here is the column:

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“Revenge Rape”: Pakistani Council Orders Sister of Accused Rapist To Be Raped As Punishment

State_emblem_of_Pakistan.svgThere is another horrific report from Pakistan where village elders ordered a “revenge rape” as a punishment.  After a man was accused of raping a woman in Pir Mahal in the Toba Tek Singh district of Punjab province, the village council formed and ordered the sister of the accused to be raped by the brother of his victim as justice.  They all then reportedly watched the rape.

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Turkish President Erdogan Calls For Anti-War Students “Terrorists” In Latest Crackdown On Free Speech

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Iraqi Couple Arrested in Texas For Allegedly Pouring Hot Oil On 16-Year-Old Daughter For Refusing Arranged Marriage

texasAbdulah Fahmi Al Hishmawi, 34, and Hamdiyah Saha Al Hishmawi, 33, have been arrested in another appalling case involving an attempted arranged marriage of a young Muslim girl.  This case however did not occur in Pakistan or Afghanistan but Texas.  They are accused of beating their daughter with a broomstick and the pouring hot cooking oil on her after refusing agree to the the arranged marriage.

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Mr. President, Take The Mueller Deal

Below is my column in The Hill newspaper on the reported proposal that President Donald Trump sit down with Special Counsel Robert Mueller to address four specific areas of inquiry.  Those areas just happen to be the ones where Trump has the strongest and most obvious defenses.  If the deal is that this would be a one-time sit down (and any later issues would be addressed in written interrogatories), it is a deal that would be hard to pass up. It is not without considerable risks of course, particularly for any false statement allegations. However, if the President were ready to be properly prepped and listens to counsel, he could thread this needle.  It would also avoid a fight over a subpoena.  While the law on the question is hardly settled, Mueller could win such a court fight and force Trump into an interview.  Both the political and constitutional costs of such a fight should be avoided.

Here is the column:

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“Are You Going To Cry To Ya Mommy?” New York Police Search For Man Who Attacked Five-Year-Old Boy In Subway

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New York police are looking for this man in a truly incomprehensible crime.  At 4:30 pm, a mother and her child were waiting for a train at the Bergen Street Station in Brooklyn when this man allegedly walked up and punched a five-year-old boy in the face.  According to New York Daily News he then yelled at the boy, “Are you going to cry to ya’ mommy?”

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White House: diGenova and Toensing Will Not Represent Trump

1600_executive_branchThe White House announced today that President Trump will not hire Joe diGenova and Victoria Toensing as counsel due to conflicts of interest.  The announcement of diGenova’s selection led to a chorus of objections from his being a “television lawyer” to a conspiracy theorists.  I recently wrote a column that noted that diGenova was the former U.S. Attorney for the District of Columbia and considered one of the most experienced lawyers in the city.  However, there was reportedly opposition in the White House including reportedly from John Dowd who resigned around the same time.  Dowd has not spoken publicly to confirm or deny that reported position.

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With The Departure Of John Dowd, Trump’s Legal Team And Strategy Could Be In Flux

160px-Official_Portrait_of_President_Donald_Trump_(cropped)Below is my column in the Hill newspaper on the changes to the Trump legal team, including the departure of John Dowd who was the lead counsel in dealing with the Special Counsel investigation.  While it is still not clear what role Joe diGenova will play, there is concern that Trump is considering a more combative approach.  Adding more lawyers does not necessarily translate to strengthening a case. Indeed, if you add lawyers used to being lead counsels, the result can be confusion and conflicts in getting them to work together. What Trump needs is greater control and continuity as he enters the most risky stage of the Special Counsel investigation.

Here is the column:

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The True Heart and True Hero: Col. Arnaud Beltrame

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Photo released by French Ministry

The world lost a hero this week whose sacrifice should be an inspiration to everyone fighting extremism and terrorism.  Col. Arnaud Beltrame put his gun down and traded himself as a hostage to allow a female witness to walk free from Islamic terrorist Redouane Lakdim, 26.  Lakdim then proceeded to shoot him and Beltrame later died from his wounds.  He gave his life for a perfect stranger in an attack that ultimately took four lives.

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“Confused and Distracted”: McCabe Uses Flynn Defense Against False Statement Allegation

McCabeFormer FBI deputy director Andrew McCabe penned an op-ed for The Washington Post to contest the allegation of his “lack of candor” with federal investigators.  I have been writing (here and here and here) on the contrast between the treatment of McCabe and former national security adviser Michael Flynn.  McCabe has been erroneously portrayed as “losing his pension” but has not been charged.  Flynn was charged and accepted a plea deal under 18 U.S.C. 1001 for making a false statement to investigators.  Now McCabe is raising virtually the same defense that did not work for Flynn: that there was a lot going on and he was “confused and distracted.”

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Florida Man Arrested For Tossing A Bomb Into Yard To Kill Man’s Chickens

download-1Scott (“Spider”) Wegener, 55, is nothing if not unique in the annals of crime.  He is accused of creating an IED using a Canadian Mist bottle, black powder and a cannon fuse.  He then used the bomb to try to kill another man’s chickens. The attack was reportedly due to a disagreement over a BB gun.

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Res ipsa loquitur – The thing itself speaks