Category: Criminal law
Kyle Benjamin Douglas Calvert, 26, has become the latest Antifa member arrested for alleged political violence. Calvert is accused in the explosion of an IED device outside of Alabama Attorney General Steve Marshall’s office in downtown Montgomery at around 3:42 a.m. on February 24. For years, Democratic politicians and the media have downplayed the violence of Antifa, even questioning its very existence. These photos may help them come to grips with the reality of Antifa. Continue reading ““Support Your Local Antifa”: Alabama Man Arrested in Alleged Political Bombing”
I have been a criminal defense attorney for my entire career, but there is a case out of Berkeley, California that is a real head scratcher. David Xu was the chief metallurgist for a company called Berkeley Engineering and Research (BEAR) and was caught on tape trying to poison a colleague. His actions are blamed for not only causing harm to Rong Yuan, but her parents. After spending only 10 days in jail, Alameda County prosecutors and a judge signed off on a probation deal in the case. Continue reading “Berkeley Prosecutors Cut Probation Deal for Scientist Who Tried to Kill Colleague”
For years, we have discussed the failure of universities to take actions against faculty and students shutting down events or acting unlawfully, including faculty guilty of criminal assault. Now, Vanderbilt has expelled three students after anti-Israel protests, including Jack Petocz, a political activist recognized by the White House and featured prominently in the New York Times and other news outlets. Continue reading “Vanderbilt Students Expelled Over Violent Protest, Including Activist Recognized by the White House”
D.C. Circuit Judge Reggie Walton recently caused a stir in Washington after doing an interview with CNN in which he rebuked former President Donald Trump for his criticism of judges and their family members. Now, Judge Walton has been criticized by the United States Court of Appeals for the District of Columbia for a surveillance order of the computer of a January 6th defendant to detect any spreading of “disinformation” or “misinformation.”
Continue reading ““Plainly Erred”: Judge Reggie Walton Rebuked by D.C. Circuit in J6 Case”
House Oversight Committee chairman James Comer has sent a seven-page letter (below) to invite President Joe Biden to testify in the Republican impeachment inquiry. The letter is the latest, and best, reduction of the glaring contradictions in the President’s past statements on his family’s well-documented influence peddling operation. President Biden is not expected to testify. However, the media should be interested in his answering the questions presented by the Committee. It is now clear that the President lied during his campaign and during his presidency on his lack of knowledge of his son’s business activities as well as his denial of any money gained from China. Yet, the White House responded, again, with mockery — a sense of impunity that only exists due to an enabling media. Continue reading “Say It Ain’t So, Joe: The House Formally Invites President Biden to Testify in Impeachment Inquiry”
The United States Court of Appeals for the Fifth Circuit has blocked border enforcement by the state under Texas’s SB 4. Many of us had predicted this result given the prior precedent of the Supreme Court on the federal preemption of state immigration laws. However, the opinion also rejected the invasion theory made by states under Article 1, Section 10 and the “State War Clause.” I also previously discussed how this interpretation would fail due to the text, intent, and history of the underlying constitutional provision. Continue reading “Fifth Circuit Blocks Texas SB 4 and Rejects the Invasion Theory Under State War Clause”
The New York Post has created a stir in Washington with its report that a whistleblower claims that the CIA reportedly blocked federal investigators from interviewing Kevin Morris, the entertainment lawyer who has subsidized the expenses and bought the art of Hunter Biden. (For full disclosure, Morris previously threatened me with a defamation lawsuit over my writing about his representation of Hunter. Fortunately, I have not received any summons from either the courts or the CIA). We will have to wait for more details on the allegations, but the response of the CIA struck me as rather curious.
Michael Cohen was back in court this week and it did not go well. The former fixer for Donald Trump was in court seeking a reduction in his federal sentence and to answer for his use of Google’s AI chatbot to submit arguments with fake case authority. However, things went off the rails when his counsel cited his prior testimony as evidence of his rehabilitation. U.S. District Judge Jesse M. Furman called the argument “perverse” and noted that Cohen is clearly a serial perjurer and cited the need for continued “deterrence.” That is hardly a promising review before Cohen appears as the star witness for Manhattan District Attorney Alvin Bragg in the prosecution of former president Donald Trump. Continue reading “The “Perversity” of Michael Cohen: Federal Judge Denounces Cohen as a Serial Perjurer”
Below is my column in the Hill on the recent decision in Georgia and the “odor of mendacity” rising out of various courtrooms across the country. It is the smell of not just selective prosecution but political bias in our legal system. It is becoming harder to deny the existence of a two-track system of justice in the country as commentators and even a few courts raise concerns over the role of politics in prosecutions.
Here is the column: Continue reading “The Odor of Mendacity: 2024 Could Turn on Smell of Selective Prosecution from Georgia to New York”
We previously discussed the controversy surrounding Rachael Rollins, the former U.S. Attorney for Massachusetts nominated by President Biden who was implicated in alleged criminal and unethical conduct. The case presented a glaring contrast to how the Justice Department treats its own officials accused of crimes in comparison to less favored individuals. Now, Rollins has been stripped of her bar license based on the same conduct. Continue reading “Rachael Rollins Disbarred After Justice Refuses to Prosecute One of its Own”
Below is my column in Fox.com on the superseding indictment of Sen. Bob Menendez (D., N.J.), who faces new charges after the cooperation of a former associate. The new charges only magnified the striking similarities between the corruption scandals involving Menendez and Hunter Biden. The timing could not be more interesting given filings the same week by Hunter Biden claiming selective prosecution.
Here is the column: Continue reading “The Hunted and the Hunter: How the Menendez Superseding Indictment Shatters Hunter Biden’s Claim of Selective Prosecution”
Below is my column in the Hill on the real possibility of a federal trial of former president Donald Trump just before or even through the 2024 election. The claim that this schedule is the result of treating Trump like other criminal defendants is increasingly dubious given statements of courts and the Special Counsel.
Here is the column:
Special Counsel David Weiss has filed a blistering opposition to the motion to dismiss by Hunter Biden in California that cites his own book and conflicting statements as creating “nothing more than a house of cards.” The filing (below) shows how Hunter’s claims (repeated by many in the media) collapse under even cursory review in court. Continue reading ““Patently False”: Special Counsel Files Blistering Reply to Hunter Biden Motion to Dismiss”