Category: Criminal law

Politicians Again Choose Politics Over Process In The Wright Shooting

Photo: Brooklyn Center Police Department

Below is my column in The Hill on the Wright shooting and the continuing prejudicial statements made by political figures. The shooting appears to be an accidental case of “weapon confusion,” which we have previously discussed on this blog.  Yet, politicians are declaring the shooting to be an intentional racist act as rioting continues to rage in various cities.

Here is the column:
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“Intentionally Racist”: Rep. Tlaib Declares Wright Shooting “Wasn’t An Accident”

Michigan Rep. Rashida Tlaib wasted no time in declaring that the shooting of Daunte Wright was a racist shooting and no accident. The long advocate for defunding police has declared that she is done with “government funded murder.” I have a column this morning in The Hill discussing how such comments can prejudice not only the case against any officer in the Wright case but the ongoing trial of former officer Derek Chauvin. While a long advocate to defund the police, Rep. Tlaib seems to go even further to call for an end of all policing in her most recent comments.

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The Hunter Biden Reclamation Project: Jimmy Kimmel Is The Latest To Embrace Hunter’s Scandal Spin

President Biden Announces New “Red Flag” Rule Fit For Hunter Biden

NYT: Gaetz Sought Preemptive Pardon From Trump

The New York Times is reporting that Florida Republican Rep. Matt Gaetz asked President Donald Trump for a preemptive pardon at the end of his term. Gaetz is reportedly facing sex trafficking charges and the report would indicate that he was sufficiently concerned back at the end of 2020 to seek the extraordinary protection. Gaetz has not responded to the report. Continue reading “NYT: Gaetz Sought Preemptive Pardon From Trump”

Key Figure in Gaetz Scandal Admits Asking For $25 Million

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Prosecutors Ask Jurors To Dismiss George Floyd Autopsy Findings

I previously wrote that the key to conviction in the Derek Chauvin trial (and avoiding a cascading failure in all four cases) is the autopsy findings and the role of drugs (including fentanyl) in the body of George Floyd. Prosecutors are now asking the jury to effectively dismiss the findings of the only official autopsy in the case and insist, contrary to those findings, that Floyd died from asphyxia, or, lack of oxygen. Some new disclosures may make that claim more difficult for the prosecution. Continue reading “Prosecutors Ask Jurors To Dismiss George Floyd Autopsy Findings”

Did Hunter Biden Incriminate Himself In A Federal Crime?

Below is my column in The Hill on recent interviews by Hunter Biden, which appear to incriminate him in a possible federal felony. What is most striking from a journalistic perspective is that Biden’s book is a target rich environment for reporters with references to his alleged influence peddling, abandoned laptop, and drug abuses. Yet every major network and newspaper that interviewed Biden skillfully avoided any damaging questions.  It was no small feat to delicately avoid obvious problems in his account while seemingly interviewing him on those subjects. Reporters would raise the laptop of Burisma contract and then just shrug and move on without any serious followup. The glaring contradictions were left unaddressed like admitting that he was a crack addict during the time he was receiving massive contracts from foreign companies due to his unestablished “expertise” on energy issues. The conflicts with his own father’s accounts were entirely ignored. The protective press cocoon around Hunter and his father remained intact.

In the end, it is not the possible crime by Biden but the demonstrable collusion by the media that is more of the story from these interviews.

Here is the column:

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Gaetz Could Be Washington’s Latest High-Profile Defamation Defendant

We have been discussing a slew of defamation actions this year. Indeed, for a torts professor, this could prove the golden age of defamation.  Recently, new such cases were filed against Fox News, CNN, and various public figures.  Those cases join various cases against figures like Donald Trump, who recently lost a major ruling.  It now seems likely that Florida Rep. Matt Gaetz will be sued in the ongoing scandal involving allegations of sex trafficking.  Like many, I was surprised to watch Tucker Carlson’s interview with Gaetz on the first night of the scandal and hear Gaetz identify by name (and law firm) the lawyer who he claims was extorting him. That lawyer is former Justice Department lawyer David McGee, who presumably will be filing a libel action against the congressman.  This could prove a “double tap” for Gaetz, 38, who could face a criminal charge and a civil lawsuit as a result of the scandal. Continue reading “Gaetz Could Be Washington’s Latest High-Profile Defamation Defendant”

Key Witness In Chauvin Trial To Invoke The Fifth Amendment And Refuse To Testify

One of the key witnesses in the trial of former police officer Derek Chauvin in the death of George Floyd will not be testifying. Other than the officers themselves, the person with the greatest knowledge and observation of Floyd was his friend who was in the car with him, Morries Lester Hall.  Hall, 42, has given public interviews but has declared that he will not testify in fear that he might incriminate himself. He was listed as a witness for both the prosecution and the defense.  It is rare for someone who gave interviews to news organizations like CNN to refuse to testify in trial. Usually such witnesses decline to speak in any forum to maintain their silence. Continue reading “Key Witness In Chauvin Trial To Invoke The Fifth Amendment And Refuse To Testify”

The Gaetz Scandal Is Long On Speculation And Short On Facts

The scandal involving Rep. Matt Gaetz (R-Fla.) continues to rage in Washington as Gaetz alleges a conspiracy to extort $25 million and the New York Times has reported an investigation into his traveling across state lines with a minor for sex. Both are serious allegations and someone is clearly lying. The question is why, after a year of reported investigation, the underlying facts appear unresolved.  Either this girl was 17 or she was not. Either Gaetz traveled with her or he did not. Then there is a taped call that could prove the veracity of key witnesses.  In other words, there is raging speculation over facts that should be easily and already established. Why?

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Two Capitol Police Officers Sue Trump Over Capitol Riot

recently wrote about the lawsuit by Rep. Eric Swalwell against former President Donald Trump as a serious miscalculation that could result in a legal vindication for Trump either on the trial or appellate levels. In my view, the lawsuit contravenes free speech as well as controlling case law from the Supreme Court. Now two Capitol Police officers injured during the riot, James Blassingame and Sidney Hemby, have sued on similar grounds with many of the same inherent flaws. The 40-page lawsuit was written by D.C. attorney Patrick Malone, who previously filed ethics complaints against lawyers representing the Trump campaign or the Republican party.  Trump lawyers may view this lawsuit as a greater opportunity than a liability for their client.

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Elderly Asian Woman Attacked On New York Street . . . Security Guard Responds By Closing Door

New York City Police are searching for this man who attacked a 65-year-old Asian woman in broad daylight in Midtown on the sidewalk on West 43rd Street near Ninth Avenue . The video below shows a man inside a building just a few feet away watching the attack. Like others, he does nothing. One person who did act was a security guard who walks over and closes the door.[Update: The NYPD has arrested Brandon Elliott for the crime].

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The Chauvin Defense? New Research Shows Alarming Increase In Fentanyl Abuse and Deaths

As the trial of former police officer Derek Chauvin starts in Minneapolis, much of the trial will focus on the role of fentanyl in the body of George Floyd as the possible cause for his death. Notably, a new study in the last week reinforces prior research showing an alarming increase in the abuse of this powerful drug and deaths associated from it.  In some counties, there was an almost 75% increase in the first half of 2020 in fatal drug overdoses with fentanyl as the main culprit.

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Res ipsa loquitur – The thing itself speaks