Category: Criminal law

Columns, Congress, Constitutional Law, Criminal law, Media, Politics, Society

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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Bizarre, Criminal law

“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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Constitutional Law, Criminal law, Politics, Society

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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Columns, Criminal law, Lawyering, Media, Politics

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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Criminal law, International

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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Criminal law, Justice, Lawyering, Media, Politics

“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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Bizarre, Criminal law

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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Columns, Criminal law, Politics

A Criminal Investigation In Search Of Clarity: The McCabe Scandal Raises Valid Questions Over The Prosecution For False Statements

McCabe440px-Director_Robert_S._Mueller-_IIIBelow is my column in The Hill Newspaper on lack of clarity in the charging of various Trump figures with false statements while former Andrew McCabe is simply fired a day before retirement. As discussed before, the much discussed “loss” of McCabe’s pension appears to be unfounded and McCabe will reach a pension likely to reach roughly $2 million.  The more difficult question concerns the standard applied to when charges are brought (and more importantly who the charges are brought against.)

Here is the column:

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Bizarre, Criminal law

Florida Man Registers A .316 BAL After Crashing In Mailboxes and Other Cars

1521665101861The happy and amazed mugshot of Collin James Daniel, 24, may reflect the fact that he is lucky to be alive.  The Spring Hill (FL) man registered a blood alcohol level at .316.  He was spotted by an aviation unit driving erratically in an apartment complex and things only got worse.

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Bizarre, Criminal law, Media, Politics

White House Staffer Leaks That Trump Ignored Written Warning “DO NOT CONGRATULATE” Putin On His Reelection

440px-Official_Portrait_of_President_Donald_Trump225px-Vladimir_Putin_official_portraitPresident Donald Trump is under intense fire for congratulating Russian President Vladimir Putin on his election — an election widely denounced as a sham.  Putting aside the propriety of an American President congratulating an authoritarian figure (who is accused of interfering with his own election), the most notable element in the story was a leak that said Trump’s national security staff not only warned him not congratulate Putin but included in his briefing materials in all-capital letters the warning “DO NOT CONGRATULATE.” The speed of the leak is astonishing even by the measure of the Trump Administration. It appears that the leaks may have occurred within minutes of the call.   Chief of Staff Kelly is reportedly irate with the leak and for good reason.

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Bizarre, Constitutional Law, Criminal law, International

Scottish Man Convicted In Hate Crime Trial For Teaching Pug To Give Nazi Salute
screen-shot-2016-05-09-at-7-43-09-pmWe previously discussed the case of Mark Meechan who thought it was funny to train his pet pug Buddha to give a Nazi salute when he said “Sieg Heil.” It was a joke and clearly many could find it offensive. However, he was charged criminally and has now been convicted in yet another attack on free speech in the United Kingdom.

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Bizarre, Courts, Criminal law, Lawyering, Media, Society

“I’m A F***king Judge”: New Jersey Judge Found Passed Out On Side Of Road and Later Found To Be Legally Drunk . . . But Charges Thrown Out

gavel2Municipal Judge Wilfredo Benitez is at the center of a controversy after he reportedly shouted profanities and cited his judicial position after being found passed out by the side of a road.  Benitez was later found to be intoxicated.  However, his charges were later thrown out by another judge.

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Congress, Courts, Criminal law, Justice, Lawyering, Media, Politics, Society

THE EXQUISITE CORPSE: HOW ANDREW MCCABE IS NOW PART OF THE BODY POLITIC

McCabeAt the turn of the last century, surrealists had a parlor game in Paris called “The Exquisite Corpse” where writers would create collective stories by writing lines without knowing what preceded them. The lines were often nonsensical like the line that gave the game its name: “Le cadavre exquis boira le vin nouveau. ” (“The exquisite corpse shall drink the new wine.”) With minutes of his firing, former FBI Deputy Director Andrew McCabe became such an exquisite corpse with various politicians adding lines to his story that seemed entirely disconnected to his story. Former FBI Director James Comey used McCabe to pitch his upcoming book while former Attorney General Eric Holder used him to effectively attack career staff at his former agency. The point of the game in both politics and literature is not to advance a coherent narrative but insert your own lines into a collective story.

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Bizarre, Criminal law

Millennial Modus Operandi? Indiana Man Takes Taxis To Bank Robbery And Back Home . . . Then Pays With Robbery Proceeds
Vanderburgh County Sheriff’s Office

Derrick Faria, 19, allegedly prefers convenience over stealth in robbing banks.  Faria is accused of taking a taxi to the Fifth Third Band in Evansville Indiana to rob it . . . . and then taking the same taxi back home.  He allegedly paid for the return trip with some of the money from the bank heist.

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Res ipsa loquitur – The thing itself speaks