Category: Criminal law

“Keyboard Warrior”: British Crackdown Results in Three-Year Sentence Over Anti-Migrant Postings

Three years ago, we discussed the conviction of a British man for “toxic ideologies,” under the draconian laws criminalizing inciteful or dangerous speech. The erosion of free speech appears to have only accelerated in the UK. As is often the case, the attacks on free speech increase during periods of unrest, anger or fear. With the recent anti-immigration riots, British authorities have used their laws to round up a large number of citizens expressing anti-immigrant views and some have already been convicted. Those cases include Wayne O’Rourke, 35, who has been sentenced to three years in prison for “stirring up racial hatred.” Continue reading ““Keyboard Warrior”: British Crackdown Results in Three-Year Sentence Over Anti-Migrant Postings”

Combatting “False Narratives”: D.C. Circuit Refuses to Block Judge Limiting the Speech of Jan. 6th Defendant

We have previously discussed controversial sentences handed down in cases involving rioters on January 6th, including sentencing orders that, in my view, violate First Amendment rights. That included the case of Daniel Goodwyn, who pleaded guilty to a single misdemeanor count of entering and remaining in a restricted building. That crime would ordinarily not involve any jail time for a first offender. However, Judge Reggie B. Walton  of the United States District Court for the District of Columbia decided that he would use the case to regulate what Goodwyn was reading and communicating with a chilling probation order. After the case was sent back by the D.C. Circuit, Walton doubled down on his extraordinary order. Now the D.C. Circuit has refused to hear an emergency appeal. Continue reading “Combatting “False Narratives”: D.C. Circuit Refuses to Block Judge Limiting the Speech of Jan. 6th Defendant”

Smith is No Longer in a Hurry: Special Counsel Moves To Slow Down District Court Judge

For over a year, Special Counsel Jack Smith has made one element the overriding priority in his prosecution of former president Donald Trump: speed. Smith repeatedly moved to curtail Trump’s appellate rights and demand expedited appeals to try to secure a conviction before the election. In that effort, he found an equally motivated judge in U.S. District Judge Tanya S. Chutkan, who virtually turned her court into a rocket docket to try Trump. Now, in a neck-breaking change of direction, Smith is trying to slow down Chutkan who appears again ready to pull out the stops in this case. Continue reading “Smith is No Longer in a Hurry: Special Counsel Moves To Slow Down District Court Judge”

The Justice Department Makes The Case Against Hunter Biden . . . and Itself in California

Special Counsel David Weiss appears to have finally made the long-awaited case exposing years of concealment and political corruption. No, it is not the case against Hunter Biden. The allegations of tax fraud in California are obvious and unavoidable. Weiss just made the case against the Justice Department and himself in protecting Hunter Biden from the most damaging charges of being an unregistered foreign agent. In a new filing, Weiss released evidence on Hunter seeking money to advance the interests of a Romanian on United States policy. Continue reading “The Justice Department Makes The Case Against Hunter Biden . . . and Itself in California”

Olympic “Christ” Threatens to Sue Critics Over “Last Supper” Backlash

Barbara Butch, the LGBTQ activist who was the center figure in the controversial “Last Supper” Paris Olympic scene is threatening to sue those criticizing her. Butch played the role (wearing a Christ-like halo) viewed by many as a spoof on Christ in the Last Supper. The creators insist that they were going for a type of “pagan party” of Olympic gods and sent a message of tolerance. Art experts have supported the creators and pointed to paintings that inspired the pagan motif. That is not exactly what was seen by millions of Christians who were deeply insulted by the parody.

  Continue reading “Olympic “Christ” Threatens to Sue Critics Over “Last Supper” Backlash”

Was Donald Trump the Victim of White Privilege? A Democratic Member Wants to Know

For most of us, this election could not become more confusing. However, Rep. Jasmine Crockett (D., Tx.) may have added a whole new level of confusion for many in suggesting that Donald Trump may have been the latest victim of systemic racism among law enforcement in the United States. Continue reading “Was Donald Trump the Victim of White Privilege? A Democratic Member Wants to Know”

Going Full Trump: Hunter Biden Challenges the Constitutionality of the Weiss Appointment

We previously discussed how Hunter Biden adopted the arguments of the National Rifle Association (NRA) and other gun rights groups to challenge the law that his father has championed as a key gun control reform. In his effort to challenge his various charges, Hunter Biden has gone full Trump. Now, Hunter has adopted the Trump argument that special counsels are unconstitutional in seeking to toss out all of the charges by Special Counsel David Weiss, it is the very argument that Democrats and liberal law professors have denounced as meritless and menacing.  Having recently embraced the conservative justices in challenging gun laws, Hunter is now channeling Justice Clarence Thomas on the unconstitutionality of special counsel appointments — an argument that his father denounced as wrong and “specious.”

Continue reading “Going Full Trump: Hunter Biden Challenges the Constitutionality of the Weiss Appointment”

“They Lie and People Die”: Carnegie Mellon Professor Claims Trump Assassination Attempt was “Staged”

Trump’s Churchillian Moment: How the Near Miss Assassination Hit the Mark with Press and Pundits

Winston Churchill once famously said that “nothing in life is so exhilarating as to be shot at without result.”

For Donald Trump, the failed assassination attempt in Pennsylvania could prove politically exhilarating. After rising with a fist pump and a call to fight on, Trump seems to have gone from being a movement to a mythological figure with his supporters.  All he needs now is a big blue ox named Babe to return to the campaign trail. Continue reading “Trump’s Churchillian Moment: How the Near Miss Assassination Hit the Mark with Press and Pundits”

The Attempted Assassination of Trump is Not Nearly as Surprising as it Should Be

Below is my Hill column on the assassination attempt of former president Donald Trump. We all watched as the horrific scene unfolded on television. It was a traumatic moment for the entire country, but it was hardly surprising given this age of rage. We are still learning about the suspected shooter, Thomas Matthew Crooks, 20, was from Bethel Park, Pennsylvania. He was able to use a roof top 130 yards away from the rally for the assassination attempt. He is being described as a registered Republican but donated to a Democratic political organization.

Here is the column: Continue reading “The Attempted Assassination of Trump is Not Nearly as Surprising as it Should Be”

Post: Jack Smith is Willing to Try Trump Up to Inauguration Day

The Washington Post is reporting that Special Counsel Jack Smith may try to convict former president Donald Trump all the way through the election and up to 11:59 am on January 20th. After the oath, the Justice Department has long maintained that it will not prosecute a sitting president. Continue reading “Post: Jack Smith is Willing to Try Trump Up to Inauguration Day”

Too Clever By Half: Justice Jackson’s Suggested Path Forward for Jack Smith Could Lead to Another Reversal

The Supreme Court’s decision in Fischer v. United States rejecting the use of obstruction of legal proceedings against January 6th defendants will potentially impact hundreds of cases. For some, it may lead to dismissals or, in the cases with multiple charges, resentencings. One of those cases that will be impacted is the pending prosecution of former president Donald Trump who is facing four charges, including two obstruction counts. However, it is not clear if Special Counsel Jack Smith will yield to the decision or possibly take the dubious path laid out by Justice Ketanji Brown Jackson in her concurrence. Continue reading “Too Clever By Half: Justice Jackson’s Suggested Path Forward for Jack Smith Could Lead to Another Reversal”

Insurrection-Lite: The Supreme Court Downsizes the “Insurrection” to Largely Trespassing

Below is my column in the Hill on the Supreme Court decision on Friday in Fischer v. U.S. to reject hundreds of charges in January 6th cases for the obstruction of legal proceedings. For many cases, that will leave relatively minor offenses like trespass or unlawful entry. It is only the latest blow to efforts to portray the riot as a massive conspiracy to overthrow the government. While portrayed by pundits and press in strictly ideological terms, it actually produced an interesting line up with Justice Ketanji Brown Jackson voting with the majority and Justice Amy Coney Barrett voting in dissent.

Here is the column:

Continue reading “Insurrection-Lite: The Supreme Court Downsizes the “Insurrection” to Largely Trespassing”

Robert Hur Emerges as the Clear Winner in the Presidential Debate

The presidential debate last night was chilling to watch as President Joe Biden clearly struggled to retain his focus and, at points, seemed hopelessly confused. The winner was clear: Special Counsel Robert Hur. For months, Democrats in Congress and the media have attacked Hur for his report that the president came across as an “elderly man with a poor memory.” Hur concluded that prosecuting Biden would be difficult because a jury would view him as a sympathetic figure of a man with declining mental capabilities. That was evident last night and the question is whether a man who was too diminished to be a criminal defendant can still be a president for four more years. Continue reading “Robert Hur Emerges as the Clear Winner in the Presidential Debate”

Cannon Fodder: The Media Piles on Federal Judge After Lionizing Manhattan Judge

Below is my column in the New York Post on the vicious attacks being directed at Judge Aileen Cannon as she addresses pre-trial motions in the Florida prosecution of former president Donald Trump. The sheer hypocrisy in the media is overwhelming after denouncing any criticism of Judge Juan Merchan in the Manhattan prosecution. For Cannon, it is nothing short of a press pile-on.

Here is the column:

Continue reading “Cannon Fodder: The Media Piles on Federal Judge After Lionizing Manhattan Judge”