Category: Criminal law

Can Yates Testify Without Violating Privilege or Ethics Rules?

sally_q-_yatesI previously discussed the dubious decision taken by former Acting Attorney General Sally Yates to order the entire Justice Department to stand down and not to assist the president in the defense of his first executive order on immigration. In a letter to the president, Yates said she was not convinced that the law is just or right. Yates effectively dared Trump to fire her over the immigration order and he did so.  Now Yates has volunteered to testify before the House Permanent Select Committee on Intelligence — a hearing that was abruptly cancelled by its Chairman.  Such an appearance is relatively rare and fraught with difficult constitutional and ethical questions for Yates. She would be testifying  in the committee’s investigation into Russian interference in the presidential election.  However, she is testifying as someone who was recently in a prosecutorial position about subjects related to an ongoing investigation where no one has yet to be indicted.  Even if she can manuever around the privilege issues, she could raise serious ethical issues with her testimony.

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Oklahoma Woman Charged Three Counts Of First Degree Murder For The Deaths of Her Alleged Burglar Accomplices

87981c51-691b-4555-b913-c7e939d90098-large16x9_RODRIGUEZELIZABETHMARIEElizabeth Marie Rodriguez, 21, is facing an extraordinary set of charges of three counts of first-degree murder and first-degree burglary.  The men killed were actually her accomplices in an attempted burglary. None of the them had a gun but one had a knife and one has brass knuckles.  The homeowner’s son however did have a gun and shot and killed all three men. Prosecutors then charged Rodriguez with the deaths even though she was only the getaway driver.

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Group Calls for Prosecution of Muslim Cleric After He Reads Passage Calling For The Killing Of Jews

There is a controversy in Montreal where Jordanian cleric Sheikh Muhammad bin Musa Al Nasr was invited to speak at the Dar Al-Arqam Mosque and quoted a version calling for the killing of Jews.   The imam recited in Arabic the verse: “O Muslim, O servant of Allah, O Muslim, O servant of Allah, there is a Jew behind me, come and kill him.”  People have called for his prosecution for hate speech, rekindling the debate over Canada’s roll back of free speech with hate speech and discrimination laws. Continue reading “Group Calls for Prosecution of Muslim Cleric After He Reads Passage Calling For The Killing Of Jews”

TRUMP’S SHINING MOMENT? NEW EVIDENCE REPORTEDLY SUPPORTS TRUMP CLAIM THAT CAMPAIGN STAFF WAS SURVEILLED

Below is my column in The Hill Newspaper on the disclosure of the possible surveillance of Trump campaign staff and a decision to “unmask” and distribute transcripts of those interceptions.  Fox has reported that there is a “smoking gun” linking the Obama Administration.  However, Nunes later went on CNN and seemed to backtrack a bit in saying that he did not actually see the evidence.  Evidence will reportedly be brought to Capitol Hill this week.

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Smiling Mug Shot Produces Backlash Against Texas Teacher

We often discuss the dilemma of clients in deciding whether to smile and appear callous on mug shot or not to smile and look guilty.  Most people try to thread the needle with a neutral expression.  Texas teacher Sarah Fowlkes went for the full smile option and has triggered a backlash of people saying that she cared little about her charge of having relations with a 17-year old student at Lockhart High School.

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Minnesota Law Professor Charged With Massive Criminal Fraud

University of Minnesota law professor Edward S. Adams is facing an astonishing criminal indictment over millions of missing funds from investors in his companies.  The indictment says that Adams perpetrated an elaborate fraud on investors and fellow partners.  According to the indictment, from 2006 to 2013, Edward S. Adams stole more than $4.38 million from investors and paid more than $2.54 million to his own law firm.

What is astonishing is that Adams is the second faculty member to face criminal charges on the Minnesota law faculty. Continue reading “Minnesota Law Professor Charged With Massive Criminal Fraud”

University of Alabama Students Arrested in Two Epic Spring Break Cases

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Alden Whiteside could not have handled things worse on his way Spring Break in Florida.  First, there was the seven cases of beer in plain view in his truck.  Then there was the problem of being 19 and not allowed to drink or buy alcohol.  Then there was the fact that he was speeding.  Then there was the fake driver’s license that he was using.  Finally, there was the marijuana discovered in the car.  That pretty much covers most of the criminal code.  He was not the only Alabama college student facing charges from a Spring Break gone bad.

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English Woman Fined By Police After Accusing Ex-Boyfriend Of Stalking and “Wasting” Their Time . . . Boyfriend Then Allegedly Murders Woman

shana-griceThere is a chilling and tragic case out of East Sussex, England where Shana Grice, 19, was found dead with her throat slit.  Months ago, Grice was fined by police for wasting their time in accusing her ex-boyfriend, Michael Lane, 27, of stalking her.  Lane is now standing trial for her murder.

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Can You Guess What This Person Was Charged With?

SJM-SCDENTIST-0317If you thought your dentist was a bit intimidating, you may want to check out “Dr.” Joseph Hirsch, 59.  Hirsh is accused of practicing dentistry in Redwood (CA) without a license.  Then there is the problem of the unsanitary office and his alleged meth cooking operation.  Hirsch’s dental operation included a pair of brass knuckles, which presumably were used for extractions.

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Bad Return: MSNBC Publication Triggers A Wave Of Responses From Mockery To Criminal Allegations

imgresThe build up last night on MSNBC had my phone ringing off the hook.  Rachel Maddow proclaimed “we’ve got the Trump returns.”  It turned out to be just the 2005 filing. Well, not the 2005 filing, the first two pages.  Worse yet, it turned out to be an entirely predictable tax return for a wealthy businessman with tons of deductibles.  It seemed like the tax version of Al Capone’s safe with Geraldo Rivera.  What was particularly odd is that MSNBC was “all in” — even after seeing that there was little there.  Maddow led with a long list of things we want to know from Trump’s tax return.  But none of those things were in the return.  They lined  up experts who seemed a lot like the “weather center” reporters the night before covering the major snow storm in D.C.   Reporters literally showed a dusting on cars in parking lots and spoke breathlessly about the possible storm that never came.  The tax experts were left in the same curious position — discussing what might have been shown.  As a legal commentator, I bowed out.  It was like being called as a seismologists to discuss an earthquake that never happened.  It is certainly true that Trump and Melania paid is a rate of less than 4 percent on their personal income — $5.3 million. However, they paid an additional $31 million under the alternative minimum tax, or AMT.  They used every loophole and tactic to reduce payments but those loopholes were legal and used by many in his tax bracket.

Having said that, the White House and others went too far in raising allegations of criminal conduct by Maddow and MSNBC in reporting on the story. There was also a return to the mantra of the “dishonest media.”  There was nothing dishonest in publishing the return. It was clearly overplayed but it was not dishonest to cover the leak.

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Ohio Couple Charged After Staging Gruesome Murder As Family Prank

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Micah Risner, 29, and his fiancée Nataleigh Schlette are accused of a truly bizarre crime in Ohio.  Family members received pictures of a grotesque murder scene of Schlette.  Risner then texted his sister to suggest that he had murdered Schlette.  When police were called to the home, they found Schlette alive and the couple admitted that the whole thing was a moronic prank.  The police were not laughing and the couple was charged with “inducing panic.”

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English Woman Gets 30 Months In Jail After 153rd Arrest

1489424665574We have often discussed the difficult challenge in dealing recidivists for DUI and other non-violent offenses.  Margaret Johnson, however, is virtually in a category onto herself.  The 40-year-old  English woman has been arrested 153 times and is called  the “Pickpocket Queen of Birmingham.”

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Gross Criminal: Kentucky Man Pleads Guilty To Scalping His Girlfriend But Tell Judge To Spare Him “The Lecture”

WCPO_Zachary_Gross_1450430175123_28605000_ver1.0_640_480Zachary Gross, 31, may be the least repentant criminals to face a judge at sentencing.  The Kentucky man interrupted the judge during his hearing and told him to spare him the “lecture.”  It was a particularly curious position for a man to take after telling his pit bull to attack his girlfriend,Marilyn Stanley — leading to her being partially scalped by the dog. The horrific attack and its equally horrific aftermath was caused by Gross anger over Facebook postings by  Stanley. If there was anyone in need of a good lecture, it would seem to be Zachary Gross.

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