Category: Criminal law

Gina Haspel’s CIA Nomination Is A Women’s Milestone We’d Be Wise To Avoid

440px-Gina_Haspel_official_CIA_portraitBelow is my column in USA Today on the nomination Deputy Director Gina Haspel to head the CIA.  While Sen. Rand Paul has declared that he will oppose Haspel over torture, some Democrats (who are being criticized for previously failing to act on torture allegations) are again hedging on whether they will oppose a nominee solely due to her involvement in the torture program.  However, one promising development is an effort by Sen. Dianne Feinstein to have Haspel’s record on torture declassified. There remains some debate over Haspel’s role on notable cases.  Reports still indicate that Haspel oversaw the torture of Abd al-Rahim al-Nashiri at the “Cat’s Eye.”  However, it is not clear if she was “Chief of Base” during the torture of Abu Zubaydah.  ProPublica issued a correction Thursday that she was not Chief at the time of the Zubaydah torture.  There is no debate that Haspel ordered the destruction of evidence of the torture program.

Here is the column (which has been edited since its original posting):

 

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France Issues Warrant For Saudi Princess Accused Of Beating Worker In Paris Apartment

Saudi Arabia flagWe have previously discussed how Saudi princes and princess routinely flee debts and criminal investigations (here and here and here and here and here).  Now France has issued an arrest warrant for the sister of Saudi crown prince Mohammed bin Salman after she allegedly ordered her bodyguard to beat up a contractor in her Paris apartment.  Princess Hassa bint Salman (aka Hussat ben Salmane) is named in a warrant.

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The Ultimate Loser In The Stormy Daniels Saga Could Prove To Be Trump’s Lawyer

donald_trump_president-elect_portrait_croppedBelow is my column in USA Today on the expanding litigation over the Stormy Daniels controversy and specifically the precarious ethical position for Trump’s longtime counsel, Michael Cohen.  One interest development was the move by Daniels’ counsel (and my former research assistant) Michael Avenatti to get a new judge in the Daniels case.  Avenatti argued that it was inappropriate for the case to be heard by Los Angeles Superior Court Judge Elizabeth Feffer because she is seeking a federal judgeship from President Trump.  The move was surprisingly successful and the case was transferred to Judge Howard Halm.  Like Feffer, Halm was appointed by former California Gov. Arnold Schwarzenegger (R).

Here is the column:

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Report: Sessions Considering IG Recommendation For The Firing Of McCabe

McCabeI recently wrote a column about the expected finding of the Inspector General that former Acting FBI Director Andrew McCabe misled investigators about a leak to the media. The finding raises the question of consistency in criminally charging Michael Flynn for the same alleged act.  There is now a report that the IG is recommending not a criminal referral but that McCabe be terminated, even though he is literally days from retirement.

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Trump Offers To Meet With Mueller, But Is It Too Late For Damage Control?

440px-Director_Robert_S._Mueller-_III-1donald_trump_president-elect_portrait_croppedBelow is my column in The Hill newspaper on the effort of the Trump legal team to reach deal to have the President sit down with the Special Counsel in exchange for certain conditions or concessions.  The problem is a matter of timing.  As has been a repeated problem, the Trump team seems a couple steps behind the unfolding controversy.

Here is the column:

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London Mayor Joins Call For Censoring and Fining Internet Companies

England flagThe mayor of London, Sadiq Khan, used the annual SXSW festival in Austin to join other European leaders in calling for tech companies to censor hate speech and be subject to government regulations for fines for violations.  Khan read hateful messages against him to support the need for a crackdown — ignoring the free speech implications of such government regulation.

 

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Prominent Egyptian Television Host Arrested For Disrespecting The Police

441px-Coat_of_arms_of_Egypt_(Official).svgThe rollback on civil liberties and press freedoms continues in Egypt where our close ally is arresting journalists for insulting the government or police.  Now even pro-government media figures are being arrested.  The arrest of prominent television host Khairy Ramadan is an example of how, once censorship and the criminalization of speech starts, the appetite for speech control becomes insatiable.

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Day Care Operator Who Drugged Children To Go To Tanning Center Sentenced To Over 21 Years

1520796404976We recently discussed the criminal case against three day care workers accused of giving drugged Gummy Bears to children.  They are unlikely to take much encouragement from the case of January Neatherlin, 32, who was just sentenced to 21 years and four months for drugging kids at an illegal day care facility in Bend, Oregon so she could go tan and do Cross-Fit training.  Neatherlin pleaded guilty to 11 counts of first-degree criminal mistreatment and a count of third-degree assault.  

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President Trump Pardons Former Sailor Who Raised “Clinton Defense”

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Report: McGahn Refused To Issue Statement Denying Trump’s Desire To Fire Mueller

160px-Official_Portrait_of_President_Donald_Trump_(cropped)Yesterday, there was a troubling story in the New York Times that President Donald Trump had two conversations with witnesses in the Mueller investigation about matters touching on their statements to investigators. Both former Chief of Staff Reince Priebus and White House CounselDonald F. McGahn II reportedly were the subjects of inquiries by Trump that raised concerns over witness tampering and, in McGahn’s case, eliciting a false public statement. As I explained this morning on MSNBC’s Morning Joe program, I do not view the accounts as establishing witness tampering violations but the conversations were clearly inappropriate and ill-advised. Moreover, they can be legitimately pursued by the Special Counsel and fit a narrative that is being advanced by critics. The failure to respect legal and ethical boundaries has been a constant and continuing problem for this White House. Nevertheless, there is an obvious defense to such charges and, as I explained on MSNBC, people are again ignoring the actual criminal elements to this offense. Putting that aside, there should be concern that this is yet another tripped wire that should have been avoided.

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If Andrew McCabe Lied, Could He Be Charged Like Michael Flynn?

McCabeBelow is my column in The Hill newspaper on the reported determination of the Inspector General that former Acting FBI Director Andrew McCabe misled investigators about a leak to the media. There may be a question of consistency in criminally charging Michael Flynn for the same alleged act.  People continue to spin this issue by noting (as the piece states) that Flynn agreed to this false statement crime as part of a plea bargain with more serious potential crimes. However, that misses the point. Prosecutors are required to apply the criminal code evenly. They are not allowed the luxury of a criminal charge that can be easily applied to a wide array of people at their discretion.  It makes it very difficult for people to contest a criminal charge when prosecutors can simply criminalize any inaccurate or misleading statement while ignoring the same conduct in others.  It is particularly concerning when the favorable parties are fellow prosecutors or government officials.  My argument is not that we should have more false statement charges. Rather, there has long been a problem in the use of this provision which has been applied in an arbitrary manner.

Here is the column:

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Court Throws Out Conviction Of Texas Man Who Was Given Electrical Shocks By A Judge For Failing To “Follow The Rules”

downloadsafety-sign-high-voltageThe Texas Eighth Court of Appeals in El Paso has thrown out the conviction of Terry Lee Morris after Judge George Gallagher ordered him to be shocked with a stun belt to induce him to “follow the rules.”  Gallagher’s actions were a disgrace and constitutes at a minimum assault upon a defendant.  He should be removed from the bench for his actions in the 2014 trial.  It is astonishing that he remains on the bench after such abuse of a criminal defendant. I have been a long critic of stun belts in court.

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Stormy Daniels Sues Trump Over “Hush Money” Agreement

160px-Official_Portrait_of_President_Donald_Trump_(cropped)I previously wrote about how the payments to both a former porn star and a former Playboy bunny could prove a greater threat to President Donald Trump than the still unsubstantiated collusion allegations that led to the appointment of the Special Counsel.  Now, one of those woman is formally in court after Stormy Daniels (AKA Stephanie Clifford) filed an action against President Trump.  I have previously criticized counsel for both Trump and Daniels for bizarre actions in this controversy and this lawsuit is no exception.  The lawsuit introduces new facts including the allegation that President Trump’s lawyer used a fake name for the President, David Dennison, as part of this effort to pay what the complaint calls “hush money.”  After differing accounts by Daniels, she has not only stated that she did have a year long affair (something Trump’s counsel has denied) but stated it in a court filing as opposed to a tabloid newspaper.

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Res ipsa loquitur – The thing itself speaks