We have been discussing campaigns against Lincoln statues as well as the destruction of such statues. The latest example is in Boise, Idaho where former Boise State University adjunct professor Terry Wilson, 37, has been arrested for defacing a Lincoln statue. He has previously served as a spokesperson for Black Lives Matter in Boise. Both BLM and Antifa groups were reportedly involved in the defacing of the statue. Continue reading “Former BSU Professor Arrested For Defacing Lincoln Statue With Feces And Paint”
Category: Criminal law
We previously discussed the controversial threats of Michigan Attorney General Dana Nessel (D) against those who were raising electoral fraud allegations. She is currently in another controversy involving the arrest of restaurant owner Marlena Pavlos-Hackney. Fox Host Tucker Carlson has alleged that the owner was arrested due to her appearance on his show. (For full disclosure, I am a contributor to Fox News). Nessel can certainly point to a long history of noncompliance to justify the arrest but her statement issued in response to the allegations is, in my view, highly inappropriate and shows raw political bias. Continue reading “Michigan AG Nessel Unleashes Political Diatribe Against Defiant Restaurant Owner”
Below is my column in USA Today on the approaching trial of former police officer Derek Chauvin for the alleged murder of George Floyd. Thus far, many in the media have failed to shoulder their own burden to discuss the countervailing evidence in the case. Indeed, there is a real danger of a cascading failure in the case where a loss in the Chauvin case could bring down the cases against all four officers. This potential domino effect is the result of making the three other cases dependent on the base murder/manslaughter charge against Chauvin.
Here is the column: Continue reading “The Domino Effect: How All Four Cases In The Death of George Floyd Could Collapse With A Chauvin Acquittal”
We have previously discussed the criminal and civil liability of those posing as doctors. Alcalira Jimenez De Rodriguez, 56, follows a familiar pattern in doing cosmetic surgeries without a license. One of the criminal charges however is concerning.
Kentucky’s state Senate has passed a bill that raises deep concerns over free speech. The bill would make it a crime to “taunt” a police officer, an act that would sweep an array of protected speech under the criminal code and would face serious constitutional challenges. Continue reading “Kentucky Moves To Criminalize Taunting Police Officers”
Below is my column in The Hill on the Derek Chauvin trial in Minneapolis. Last week, at least one juror was excused after he expressed fear that he or his family could be attacked after a verdict. (Conversely, another juror called the rioting necessary to advance the Black Lives Matter movement). The man explained that his neighbors had to flee the area after the riots following the death of George Floyd. That fear was shared by various jurors. It is not surprising when the courthouse is ringed in fencing and barbed wire and even police stations in the city are bunkered down. There are already protesters outside of the courthouse and a new “autonomous zone” in the city that is being criticized by police groups. Once again, the news coverage is highly siloed and divergent in such coverage with vastly different images emerging from the city as it prepares for possible rioting. However, it is the divergent coverage of the case itself that is my greatest concern.
The voir dire responses highlight the concern over venue in the case and the decision not to shift the trial to a different city. There is clearly a fear among jurors that there might be rioting if there is an acquittal for Chauvin. The voir dire selection also magnifies the concern over how the case has been covered in the media with the omission of critical defense arguments and evidence. I believe that there was a legitimate basis for a trial, but this is a stronger manslaughter than a murder case. The trial will give us a better view of the evidence but the coverage thus far has been dangerously incomplete in my view, as discussed below.
Here is the column:
Continue reading “The Media and The Mayhem: The Chauvin Trial Coverage Follows A Dangerous Pattern”
We often discuss alleged crimes committed with bizarre or baffling elements. Even in that company, Eric Dion Warren is a standout. He obtained a loaner car from a BMW dealer, drove the car to a bank robbery, and then drove back to the dealer and tried to use the stolen bank money for the down payment on the car. He clearly took the slogan “Sheer Driving Pleasure” a tad too far.
There is a tragic case out of Omaha that has led to a notable decision over tort liability for psychiatrists. The case involves a patient, Mikael Loyd, who was admitted to Lasting Hope Recovery Center after he told police that he wanted their help in killing his mother. Psychiatrist Jeana Benton determined that he was not a risk at the hospital and he was released. He then strangled his girlfriend, Melissa Rodriguez, who broke up with him during his hospital stay. Her parents, Angela Rodriguez and Adan Rodriguez, sued Lasting Hope and Benton’s employer, University of Nebraska Medical Center Physicians, but the Nebraska Supreme Court affirmed the dismissal of the action due to a lack of any legal duty to warn or protect the girlfriend.
We often discuss criminal and civil cases that take a turn for the bizarre. An Oklahoma case is such a standout after Tulsa police cited a curious identification element in the arrest of Sharon Carr: “Cheeto dust” found in her teeth. A woman had fled a home after a burglary but left a bottle of water and an open bag of Cheetos. It seemed to confirm to confirm the longtime slogan of the company that “It Ain’t Easy Bein’ Cheesy.” However, despite going viral as a story, there was a tad more than just Cheetos dust on this collar.
My home city of Chicago continues to reel from soaring crime rates. Among the categories of increasing crime is a 135% spike in carjackings. One would think that the legislators would be focused on better policing and other programs. Rep. Marcus Evans Jr. (D, Chicago) however wants to ban video games like “Grand Theft Auto” which depict “motor vehicle theft with a driver or passenger present.” While it would not likely make a dent in carjackings, it would curtail free speech and individual choice. Continue reading “Chicago Faces 135% Increase In Carjackings . . . So Legislator Seeks To Ban “Grand Theft Auto””
Below is my column in the Hill on the lingering questions over decisions made in Congress before the Capitol riot on January 6th. The analogy to Pearl Harbor drawn by Senate Majority Leader Chuck Schumer may be more telling than intended.
Here is the column:
Continue reading ““A Date Which Will Live In Infamy”: The Other Scandal From The Capitol Riot”
Below is my column in USA Today on the calls for criminal charges against former president Donald Trump and what is still missing from viable prosecutions. In the meantime, civil lawsuits have been filed including one by Rep. Bennie Thompson alleging that Trump and others incited the riot on January 6th. Those civil lawsuits have the advantage a lower standard of proof than criminal prosecutions. If some cases can be sustained past motions to dismiss, they would also allow for discovery though those fights could draw out the litigation. However, Democrats may also be laying the foundation for Trump to claim vindication in defeating such cases in courts. Despite the assurance of the same legal experts of a strong case for prosecution, made-for-television cases do poorly in actual courts of law. What makes for good politics does not always make for good cases. However, bad cases can make for some really bad politics.
Here is the column:
Continue reading “Want To Prosecute Trump? It Will Require Proof Not Politics For A Viable Case”
There is a new and intriguing document related to the Russian investigation out this week. Justthenews has released a previously undisclosed email from former FBI Director James Comey that raises additional questions about his role in using the now discredited Steele dossier as part of the FBI Russian investigation. The email on Jan. 12, 2017 email to then-Director of National Intelligence James Clapper falsely claims that Christopher Steele was found to be “reliable” but then states that the FBI could not “sufficiently corroborate the reporting.” The email went out the same day that Comey signed a FISA surveillance warrant application declaring that content from Christopher Steele’s dossier had been “verified.” We are still waiting for the results of the John Durham investigation but this email raised additional questions about Comey’s role. Comey has testified that he would not have approved such surveillance if he knew then what he knew now about the Steele dossier. Continue reading “New Comey Email Raises Additional Questions About His Use and Defense of The Steele Dossier”
Below is my column in the Hill on second Trump trial and how core values quickly became the extraneous to the purpose of this constitutional process. The final chaos triggered by Rep. Jaime Raskin (D., Md) only highlighted the procedural and legal irregularities in a trial that seem increasingly detached from values like due process.
Here is the column:
Continue reading “Mutual Destruction: How Trump’s Trial Became A Tale Of Constitutional Noir”
Below is my column in USA Today on the lack of a strategy by the House to secure conviction in the trial of former President Donald Trump. As I have previously noted, the House managers did an excellent job in their presentations and many of the videotapes rekindled the anger that most of us felt over the riot. They also reinforced the view of many (including myself) that former president Donald Trump bears responsibility in the tragedy that unfolded due to his reckless rhetoric. Yet, there was a glaring omission in the substance of the House arguments. The managers did not lay out what the standard should be in convicting a former president for incitement of an insurrection and only briefly touched on proving any “state of mind” needed for such a conviction. That is why I have referred to their case as more emotive than probative. It lacked direct evidence to support the claim that Trump wanted to incite an actual insurrection or rebellion against the United States, as alleged in the article of impeachment. I do not believe that an acquittal was inevitable in this case, but it was all but assured by critical decisions made by the House in this impeachment. The unforced errors discussed below raise the question of whether the Democrats “tanked” the trial.
Here is the column:
Continue reading “Did The Democrats “Tank” The Second Trump Trial?”