Category: Criminal law

Congress, Criminal law, Politics

Beholding the Beholders: Hunter Biden’s Art Dealer Defies the House Over Business Records

It appears that Hunter Biden’s art dealer believes that his art should be left entirely to the eye of the beholder — and not Congress. Georges Bergès reportedly refused last week to provide the House Oversight Committee with the identities of the buyers of Biden’s high-priced art work. While counsel William Pittard insists that the list of purchasers must remain secret, it is hard to see the viable legal basis to refuse the demand of the House Oversight Committee, if made subject to a congressional subpoena.

Continue reading “Beholding the Beholders: Hunter Biden’s Art Dealer Defies the House Over Business Records” →

Congress, Criminal law, Politics

Biden Goes Bannon? Counsel for Hunter Rebuffs Congressional Demands for Documents

Hunter Biden’s legal team has been at the center of news coverage this month after it appeared to confirm the authenticity of his laptop in a letter (only to try to backtrack 24 hours later). It was a curious and gratuitous move for Biden and his counsel Abbe Lowell as they called for criminal investigations into his critics, suggested lawsuits against media, and even argued that the tax exempt status of some groups be rescinded by the IRS. Now, however, the team is moving in a far more precarious direction. They seem to be adopting the strategy of Steve Bannon that resulted in his conviction for contempt of Congress. Lowell categorically refused to turn over material to Congress this week, leaving his client open to a subpoena and possible prosecution. The move may have thrilled hardcore Democrats, but it is the Republicans who should be most ecstatic with Hunter’s initial position.

Continue reading “Biden Goes Bannon? Counsel for Hunter Rebuffs Congressional Demands for Documents” →

Criminal law, Torts

Texas Criminally Charges Bartender With “Overserving” Customer Involved in Deadly Crash

In my torts class, I teach “Dram Shop” cases where bars and restaurants are subject to civil liability for “overserving” customers. These lawsuits are generally brought by third parties who are injured in car accidents by drunk drivers. In that sense, a Texas case has all of the classic elements of a Dram Shop case: Dylan Molina drank eight high-alcohol drinks in roughly three hours before leaving and getting into a wreck that killed a police detective and seriously injured his family. The difference is that the bartender, Cala Richardson, 26, is being criminally prosecuted for overserving Molina.

Continue reading “Texas Criminally Charges Bartender With “Overserving” Customer Involved in Deadly Crash” →

Constitutional Law, Criminal law, Media

Victim’s Family in the University of Idaho Murders Appeals Gag Order

The family of University of Idaho stabbing victim Kaylee Goncalves is appealing a gag order imposed upon them and others in the case against suspected killer, Bryan Kohberger. That appeal is supported by media organizations. As a long-standing critic of these gag orders on free speech grounds, it should come as no surprise that I believe that this order should be viewed as unconstitutionally vague and overbroad. However, courts have steadily increased the scope of these orders despite the curtailment of First Amendment rights. Continue reading “Victim’s Family in the University of Idaho Murders Appeals Gag Order” →

Constitutional Law, Courts, Criminal law, Justice

“The Framers Weren’t Perfect, but They Weren’t Fools”: Biden Administration Loses Another Gun Rights Case

We recently discussed the ruling of the United States Court of Appeals for the Fifth Circuit striking down a ban on gun ownership by individuals accused of domestic abuse. Now, U.S. District Judge Patrick Wyrick in Oklahoma City dismissed an indictment against Jared Michael Harrison for violating a federal law that makes it illegal for “unlawful users or addicts of controlled substances” to possess firearms. It is only the latest such loss for the Justice Department as the Biden Administration pushes sweeping rationales for limiting Second Amendment rights in the wake of last year’s ruling in New York State Rifle & Pistol Association v. Bruen.

Continue reading ““The Framers Weren’t Perfect, but They Weren’t Fools”: Biden Administration Loses Another Gun Rights Case” →

Columns, Criminal law, Media

“Dirty Political Trick”: Hunter Biden Calls for Criminal Investigations of Critics and Media

Below is my column in the New York Post on the letters sent by Hunter Biden’s lawyer Abbe Lowell calling for criminal investigations, the removal of tax exempt status, and other measures targeting critics and media. It also appears to confirm that the laptop is indeed Hunter’s. However, the next day, Lowell told NBC “These letters do not confirm Mac Isaac’s or others’ versions of a so-called laptop.” It is a curious position when asking for criminal investigations like asking police to look for people who may or may not have stolen a car that may or may not be yours. The defamation and privacy claims suggested in the letter are dubious and ill-defined. However, Hunter is apparently asking for money to pay for his high-priced legal team. It is not clear if these donations would also be used to fund his cruel and craven effort to prevent his daughter from using his surname. Nevertheless, Hunter is outraged that the computer that he abandoned has been used for what his lawyer calls “this failed dirty political trick.”

Here is the column: Continue reading ““Dirty Political Trick”: Hunter Biden Calls for Criminal Investigations of Critics and Media” →

Academia, Columns, Criminal law

“All Clear”: How the FBI Handling of the Biden Investigation Could Make Things Difficult for Hur

Below is my column in the New York Post on the latest developments in the Biden classified document investigation. The latest search occurred on the first day at the office for Robert Hur as Special Counsel. He may find that any potential criminal case has already been made more difficult by decisions by the FBI.

Here is the column: Continue reading ““All Clear”: How the FBI Handling of the Biden Investigation Could Make Things Difficult for Hur” →

Academia, Columns, Criminal law

Delawhere? The Justice Department Remains Silent on Curious Omission from Searched Locations

Below is my column in Fox.com on the current status of the investigation into the Biden classified documents. The search of the Rehoboth Beach residence did not find classified material. The search, however, raises the question of a massive amount of Biden material held at the University of Delaware. Biden has pledged to be “very transparent” but continues to block any public or press access to this material.

Here is the column:

Continue reading “Delawhere? The Justice Department Remains Silent on Curious Omission from Searched Locations” →

Criminal law

Pro-Life Father Acquitted in Trial Over Abortion Clinic Confrontation
Thomas More Society

Mark Houck, 48, was acquitted yesterday in a high-profile prosecution by the Biden Administration under the Freedom of Access to Clinic Entrances (FACE) Act.  Houck was accused of pushing a Planned Parenthood escort during a clash outside an abortion clinic. It is a rare victory for Houck and the Thomas More Society (which represented Houck) under the act. Houck insisted that he was trying to protect his twelve-year-old son in the encounters with Love. There is also an interesting wrinkle in the jury deliberations. Continue reading “Pro-Life Father Acquitted in Trial Over Abortion Clinic Confrontation” →

Academia, Criminal law, Politics

Does the “Word of a Biden” Extend to the Biden Delaware Documents?

Below is my column in the New York Post on the pledge of transparency by President Joe Biden in the classified documents scandal. Yesterday, President Biden assured the public that it could take “the word of a Biden” on their bright future. That would be more reassuring if he would fulfill his pledge to be “very transparent” on his storage of documents from his time as senator and vice president.

Here is the column:

Continue reading “Does the “Word of a Biden” Extend to the Biden Delaware Documents?” →

Columns, Criminal law

The Nichols Tapes and Their Impact on the Prosecution of the Former Memphis Officers

Below is my column on the release of the videotapes in the Nichols case and what they suggest about the prosecution of the five officers accused of murder. This is the longer version of the column that ran in the New York Post.

Here is the column: Continue reading “The Nichols Tapes and Their Impact on the Prosecution of the Former Memphis Officers” →

Academia, Criminal law

“I Water You, You Water Me”: High School Assistant Principal Under Fire for Raising Money to Pay Off Coyote
Columns, Criminal law, Politics

Pardon or Prosecute? The 2024 Election and the “Get Out of Jail Free” Vote

Below is my column in the Hill on how the two criminal investigations over classified documents could create an unprecedented constitutional conflict in 2024. We are likely to have two candidates with their own respective special counsels. One or both could be indicted. Either way, the election could protect the winner practically from prosecution either due to a self-pardon or an internal Justice Department rule. A vote for Biden or Trump could therefore literally prove to be a “get out of jail free” card.

Here is the column:

Continue reading “Pardon or Prosecute? The 2024 Election and the “Get Out of Jail Free” Vote” →

Columns, Criminal law, Justice, Politics

The Immaculate Possession: Biden Defense is Fast Becoming Unsustainable

Below is my column at Fox.com on the most recent discovery of classified documents at one of the homes of President Joe Biden. Despite the latest discovery, allies like Sen. Chris Coons were on Sunday shows repeating his assurance that “there is no there there.” The insistence that the record clearly shows innocent “inadvertence” now borders on willful blindness as inadvertent possession occurs over and over again with documents from both Biden’s time as a senator and as vice president. A decade of inadvertence.

Here is the column: Continue reading “The Immaculate Possession: Biden Defense is Fast Becoming Unsustainable” →

Columns, Criminal law, Politics

“I Have No Regrets”: President Biden Breaks Long Silence With Shattering Admission

President Joe Biden has something that he wants the public to know. After the discovery of highly classified material in Biden’s former office, his garage and library, the President wanted to make one thing (and only one thing) perfectly clear: “I have no regrets.” Continue reading ““I Have No Regrets”: President Biden Breaks Long Silence With Shattering Admission” →

Res ipsa loquitur – The thing itself speaks