Category: Criminal law

Bowser’s About Face: The District Admits Using Tear Gas Against Protesters and Seeks To Dismiss BLM’s Lafayette Park Lawsuit

Below is my column in the Hill on the District of Columbia not only admitting that it used tear gas on June 1 last year near Lafayette Park, but also defending the use as entirely appropriate to enforce the curfew order of Mayor Muriel Bowser. The media has avoided on the story despite Bowser’s previous condemnations of the alleged use of tear gas that night by the federal agencies. (The federal agencies claimed to have use pepper balls but the affect is largely the same). Both the Bowser and Biden Administrations are seeking to dismiss the Black Lives Matter lawsuit. Yet, the host of legal experts and media who condemned the use of tear gas and the clearing  of the Lafayette park area last year are entirely silent on the disclosures.

Here is the column: Continue reading “Bowser’s About Face: The District Admits Using Tear Gas Against Protesters and Seeks To Dismiss BLM’s Lafayette Park Lawsuit”

Newly Released OLC Memo Shows Staff Lawyers Found No Basis For Obstruction Charges In Mueller Report

The long-awaited, though partial, release of a memorandum from the Justice Department this week left many “frustrated,” as predicted by the Washington Post, in Washington. The reason is what it did not contain.  Critics had sought the memo as the “smoking gun” to show how former Attorney General Bill Barr scuttled any obstruction charges against Donald Trump. Instead, the memo showed the opposite. The staff of the OLC actually found that the allegations did not meet the standard of obstruction even without any defenses or privileges related to Trump’s office. Continue reading “Newly Released OLC Memo Shows Staff Lawyers Found No Basis For Obstruction Charges In Mueller Report”

“A Political Problem”: New Mexico District Attorney Gives Probation To All Rioters

We previously discussed how prosecutors in North Carolina, Georgia, Oregon, and other states have dismissed or downgraded many rioting cases, including cases of individuals who destroyed statues in broad daylight.  Now, New Mexico District Attorney Mary Carmack-Altwies has announced that all of the individuals who destroyed a 152-year-old obelisk last October will be given “restorative justice” and no jail time. They will however be required to write a letter about their actions. Carmack-Altwies called the premeditated act of destruction of the obelisk a mere “political problem that got forced upon the criminal justice system.”

Continue reading ““A Political Problem”: New Mexico District Attorney Gives Probation To All Rioters”

Former Bethany College Student Impanels Her Own “Citizen Grand Jury” After Prosecutors Decline Rape Case

There is an interesting case out of Kansas where an alleged rape victim has used a 134-year-old law to seek her own grand jury after prosecutors reached a plea bargain with the alleged attacker. Madison Smith, 22, had to gather hundreds of signatures to impanel a “citizen grand jury” under Kansas law in a case that could face significant evidentiary and constitutional challenges. Continue reading “Former Bethany College Student Impanels Her Own “Citizen Grand Jury” After Prosecutors Decline Rape Case”

Connecticut High School Student Arrested For Posting Racist Slur

We have been discussed two areas of concern for free speech in the United States: the increased monitoring of social media speech as grounds of discipline and the push to criminalize speech. Both of those concerns seem to have coalesced in the arrest of a Connecticut high school student accused of posting racist comments about a classmate. The case could present an important court test for this country in resisting the criminalization of speech that we have seen in Europe. Notably, we recently discussed a major ruling out of the Fourth Circuit to overturn the conviction of a man for using a racial slur in a shoe store.

Continue reading “Connecticut High School Student Arrested For Posting Racist Slur”

New York Prosecutors Publicly Declare A Criminal Investigation of the Trump Organization

The office of New York Attorney General Letitia James has publicly released a statement that it is now pursuing a criminal rather than a purely civil investigation against the Trump Organization. The investigation is being handled in conjunction with the Manhattan district attorney’s office. The investigations appear to focus on tax and business dealings.  While I have challenged claims of a long litany “slam dunk” crimes related to Russia or Ukraine (or even tweets) that legal experts declared regularly on outlets like CNN and MSNBC, I have long opposed Trump’s effort to withhold his tax records and viewed these tax and transactional crimes as the greatest threat for actual prosecution. Tax and fraud cases are easier to prosecute and more difficult to defend in court.

Continue reading “New York Prosecutors Publicly Declare A Criminal Investigation of the Trump Organization”

Justified Shooting: North Carolina District Attorney Announces That No Charges Against Officers In Brown Case

We previously discussed the shooting of Andrew Brown, 42, one of a number of recent police shootings sparking protests. The body camera footage has now been released with a decision not to charge any officer. The finding of a justified shooting is based on facts that are sharply different from those reported at the time in media coverage. It appears that Brown did come into contact with officers with his car, though Brown appears to be trying to evade the officers who surrounded the car.  The Brown family previously declared that the videotape showed that he did not drive toward the deputies which now does not appear to be the case.

Continue reading “Justified Shooting: North Carolina District Attorney Announces That No Charges Against Officers In Brown Case”

Welcome To The DarkSide: Why The Biden Administration Will Not Define The Pipeline Attack As Terrorism

(Official White House Photo by Adam Schultz)

Below is my column on the recent Colonial Pipeline attack. President Joe Biden and his Administration (as well as the media) has referred to the actors as “criminals” and “hacker” but notably not “terrorists.” Many cyberattacks are forms of extortion. They seek money from businesses to release data.  This is different. This was an effort to coerce a population; to cause economic chaos.

Notably, DarkSide announced that it would shutdown its operations after receiving the ransom, an announcement heralded by many. It is a dubious claim. First, the declaration serves assure the public and to tamp down calls for a global hunt for the culprits. Second, it is meaningless. Whether DarkSide continues as a moniker or as a functioning organization, we just paid off terrorists. We long maintained a policy not to yield to terrorism because it fuels more attacks. DarkSide and other such attacks have proven how ineffective we are in preventing such attacks or defying such demands. These are despicable people willing to cause deaths and social disarray, but they are also rationale actors.  For the moment, cyber terrorism works and the success of this attack is not going to lead to a unilateral ceasefire from cyber gangs.

Here is the column: Continue reading “Welcome To The DarkSide: Why The Biden Administration Will Not Define The Pipeline Attack As Terrorism”

Arizona Couple Arrested After Falsely Claiming The Kidnapping Of A Child To Get Police To Find Their Stolen Truck

We often discuss criminals who are standouts for their stupidity or audacity or savagery. When it comes to Stormee Wagner, 40, and James E. Wagner, 37, there are few words that capture the callous character of their crime. The couple wanted to get police to find their stolen truck faster, so they triggered an Amber alert by claiming that their daughter was kidnapped in the truck. Continue reading “Arizona Couple Arrested After Falsely Claiming The Kidnapping Of A Child To Get Police To Find Their Stolen Truck”

Miami Woman Arrested After Allegedly Posing As Student To Get Kids To Follow Her On Instagram

Continue reading “Miami Woman Arrested After Allegedly Posing As Student To Get Kids To Follow Her On Instagram”

Houston Man Arrested As Police Continue Search For Missing Tiger

A story in Houston has everything you would want in a legal controversy: a murder, a mysterious figure known only as “D”, a missing Bengal tiger named India and even Carole Baskin of Tiger King fame.

That is the situation facing the Fort Bend County Sheriff’s Office after picking up Victor Hugo Cuevas, 26, after a bizarre incident involving a wayward tiger.  For Cuevas, there is no good option. To quote that other Victor Hugo “If I speak, I am condemned. If I stay silent, I am damned!” Continue reading “Houston Man Arrested As Police Continue Search For Missing Tiger”

Fourth Circuit Overturns Conviction Of Retired Air Force Colonel For Using Racial Slur

In a major but likely controversial victory for free speech, the United States Court of Appeals for the Fourth Circuit overturned the conviction of a retired Air Force colonel for using a racial epithet at the shoe store on the Marine base at Quantico, Virginia. Jules A. Bartow, who is white, was arrested after a bizarre and disgraceful exchange with an employee, including the use of the “n word” with the African American woman. The highly offensive and repugnant language of Bartow was denounced by the court, but the unanimous panel still reversed T.S. Ellis III, Senior District Judge of the Eastern District of Virginia on First Amendment grounds. Continue reading “Fourth Circuit Overturns Conviction Of Retired Air Force Colonel For Using Racial Slur”

“Keep As Much Money As You Can”: Hunter Biden Disclosures Offer New Details On His Chinese Financial Dealings And Associations

There are new disclosures from Hunter Biden’s laptop that offer an added perspective on his dealings with Chinese figures, including Patrick Ho, secretary general of Chinese oil giant CEFC, who was later indicted and has been connected with Chinese intelligence. The emails and pictures relate to the young Chinese assistant supplied to Hunter who makes revealing statements about the fluid expense accounts and level of support given Hunter by the Chinese. I have read through the new messages and I am not clear about the relationship with the young aide who tells him that she still has his dog tags in her New York apartment. However, the new emails include details on how Biden was paid and the fluidity of the accounts established by the Chinese.

Continue reading ““Keep As Much Money As You Can”: Hunter Biden Disclosures Offer New Details On His Chinese Financial Dealings And Associations”

The Justice Department Announces Civil Rights Indictments Against All Four Former Officers In Floyd Death

The Justice Department has secured indictments of  the four former Minneapolis police officers involved in George Floyd’s arrest and death.  The three-count indictment unsealed Friday names Derek Chauvin, Thomas Lane, J. Kueng and Tou Thao.The indictment creates as new front for the officers and a type of insurance for state prosecutors if they fail to convict the three remaining officers (or Derek Chauvin is given a new trial).

Continue reading “The Justice Department Announces Civil Rights Indictments Against All Four Former Officers In Floyd Death”

BYOC: Teacher’s Racist Diatribe Highlights Failure To Equip Officers With Body Cameras

For years, I and others have argued for body camera (and police interrogation cameras) to be used in every jurisdiction. Despite the obvious value of such cameras, jurisdictions like Los Angeles County have resisted and still do not have this basic protection for both officers and citizens alike. Likewise, prosecutors in cities like Chicago long opposed the filming of officers by citizens. The recent controversy over a traffic stop in L.A. shows the importance of such body cameras. In the video, an officer pulls over a self-described teacher for using her cellphone while driving and is met with a barrage of racist slurs. The officer was only able to show his side in the encounter because he paid for his own camera. It is absurd that Los Angeles County forces officers to pay for their own cameras to guarantee a record of such encounters.  In LA County, it is bring your own camera (BYOC) or engage in policing at your own risk.

Continue reading “BYOC: Teacher’s Racist Diatribe Highlights Failure To Equip Officers With Body Cameras”

Res ipsa loquitur – The thing itself speaks