On January 7th, an attorney representing President Donald Trump filed a one-page motion of withdrawal from a case filed shortly after the election. That is hardly remarkable with attorneys entering and leaving cases every day in federal court. What is remarkable is the reason. Philadelphia-based attorney Jerome Marcus told the United States District Court for the Eastern District of Pennsylvania that he was withdrawing because President Trump used him, and his election challenge, to “perpetuate a crime.” The filing raises some troubling questions regarding the alleged criminal conduct as well as the necessity of making such an allegation in a simple motion to withdraw from representation.
Category: Criminal law
For many legal analysts, President Donald Trump remains a type of criminal Midas figure: everything he says or does turns instantly into a crime. Over the last few years, the media has published a long line of unfounded criminal theories by experts claiming that a tweet or a meeting or a statement established a clear prosecutable case. It is a popular and profitable take with the media which has been feeding an insatiable appetite for such reassuring views. Law has become a recreation and legal analysts have become part of the legal entertainment. Continue reading “Trump’s Midas Touch: Legal Experts Line Up To Declare The Georgia Call As The Latest Crime By Trump”
This has been an awful year for New Yorkers in dealing with the massive costs of the pandemic. Adding to those costs is the increase in violent crime under Mayor Bill di Blasio with a 41 percent increase in homicides. Now, the city is focused on an attack on a driver on Fifth Avenue by a mob of bicyclists. The attack in broad daylight on a car captures a sense of lawlessness for many in the city. Continue reading “NYPD Search For Teens Responsible For Attack On Car On Fifth Avenue”

We have been discussing curious Covid-related offenses this year, but a Wisconsin controversy raises a particularly challenging such question. Advocate Aurora Health has admitted that an employee intentionally removed 57 vials of the Moderna vaccine from refrigeration. The intentional act, originally claimed to be accidental, resulted in the destruction of 500 doses of the potentially life-saying vaccine. Advocate Aurora Health said the employee was fired. However, an intentional destruction of the doses would seem the ultimate product tampering case: either compromised vaccines would be given patients or 500 people will have to wait longer for the protection from Covid-19.
Continue reading “FBI Investigating The Destruction of 500 Doses Of The Moderna Vaccine”
We have previously discussed attorneys arrested in attacks with Molotov cocktails during protests. One of the individuals charged in the firebombing of police cars during Black Lives Matter protests in Arkansas turns out to be a former public radio reporter, Renea Goddard, 22. She is one of four charged in the slashing of police car tires and burning them with Molotov cocktails.
President Donald Trump has been criticized by Democrats and Republicans alike for his recent spate of pardons, including corrupt ex-congressmen and the father of Jared Kushner. I was one of those who immediately criticized those pardons as manifestly unjustified and inimical to our legal system. However, none of that makes the comments of senior U.S. District Judge Robert Pratt of the Southern District of Iowa any less troubling. Judge Pratt gave an interview slamming the pardons in a departure from judicial ethics rules barring jurists from engaging in such political commentary.

Michael Cohen is now a prisoner rights advocate. As someone who has run a prisoner project for decades, it came as something of a surprise to me but Cohen is now a reformer . . . just ask Tony Meatballs. The reference came up in an interview with MSNBC’s Ari Melber in which Cohen explained that he only filed for early release under the First Step Act (Trump’s much touted criminal justice reform bill) because he promised “my buddies Tony Meatballs and Big Minty, that I wasn’t going to stop once I got out” in seeking to reform our prisons. You see, it is really not for Mike Cohen. It is for Tony Meatballs.
Below is my column in the Hill on claims by former Deputy Special Counsel Andrew Weissmann that the recent pardons by President Donald Trump reinforce a possible obstruction of justice case against him. We have previously discussed how Weissmann has proven critics correct in their description of his animosity and bias toward Trump. For my part, his book and recent statements reinforce the view of an abusive prosecutor, particularly in his untethered view of obstruction. Indeed, Weissmann seems intent on making the best case for Trump to grant himself a self-pardon. He is calling for prosecutors to use grand juries to pursue Trump and others in an unrelenting campaign based on unfounded legal theories.
Here is the column:
Continue reading “Law’s Ahab: Weissmann Makes The Case For A Trump Self-Pardon”

Zhang Zhan, 37, is a citizen journalist who reported on the early evidence of a pandemic in Wuhan. In its latest abuse of basic human rights, the Chinese regime has sentenced Zhang to four years in prison for her courageous reporting. She was reportedly convicted under the absurd criminal allegation that she was “picking quarrels and provoking trouble.”
Saudi Arabia added to its list of human rights abuses this week with the sentencing of women’s rights activist Loujain al-Hathloul. I have previously written about the inspiring courage and commitment of Saudi feminists, but al-Hathloul is a standout even among that group. She has tirelessly fought for simple rights like the ability to drive in a kingdom that continues to deprive women, religious minorities, journalists, and others basic protections. She was reportedly tortured by the Saudi government, a signature of the blood-soaked Crown Prince Mohammed bin Salman. Now she has been sentenced to five years in prison. Continue reading “Feminist Activist Sentenced To Five Years For Endangering National Security”
Below is my column in the Hill on grounds for and against the appointment of a Special Counsel in the Hunter Biden investigation. By refusing address the underlying allegations, Joe Biden is magnifying the concerns over possible conflicts of interest and his own possible exposure. Biden is maintaining that he will not ask potential Justice Department nominees about the investigation but he is also refusing to answer specific questions. In the meantime, he appeared to confirm that he views the investigation to be Russian disinformation. That is a familiar profile in a scandal at the start of an Administration and Democrats are likely to face their own prior calls to investigate the Trump family on such questions of foreign influence.
Here is the column: Continue reading “The Case For and Against The Appointment Of A Special Counsel In The Hunter Biden Investigation”
President-elect Joe Biden has a pony problem. During the primary, Joe Biden bizarrely responded to a woman who asked why voters should believe that he could win a national election by saying “You’re a lying dog-faced pony soldier.” That encounter came to mind when Biden this week mocked Fox reporter Peter Doocy, who violated the virtual news blackout on the Hunter Biden story. by asking about the scandal. Biden immediately walked off stage and then stopped and said “Yes, yes, yes. God love you, man — you’re a one-horse pony, I tell you.” Continue reading “Biden’s Pony Problem: Why The Hunter Biden Scandal Is No Dead Horse”
Below is my column in the Hill on the Hunter Biden scandal and how the media is attempting to cover a story that was dismissed as Russian disinformation throughout the campaign. The media like the Daily Beast is spinning the sudden disclosure of one and possible two related investigations as based on details that were “largely unnoticed” before the election. They were of course noticed. They were largely ignored.
Here is the column:
Continue reading ““Largely Unnoticed”: Hunter Biden Is On The Roof Again And The Media Just Noticed”

I have been skeptical in the past of the charges brought against Mark and Patricia McCloskey by Circuit Attorney Kim Gardner given the countervailing rights of gun possession and home protection in Missouri. I felt that a case could be maintained as a charging matter but I still fail to see how such charges could be proven at trial or sustained on appeal. Now, a court has removed Gardner as prosecutor for fundraising on the case.
Continue reading ““Like A Needle Pulling A Thread”: Kim Gardner Kicked Off McCloskey Case”
A New York woman, Sarah Espinosa, 22, has been arrested for a rather odd offense after crashing her car while under the influence. That is unfortunately not particularly uncommon but she crashed her Prius into a firehouse while wearing a giant python around her neck. Beyond that curiosity, there is one aspect of her case that raises a question about redundant charging by prosecutors. Continue reading “New York Woman Wearing Python Hits Car, Crashes Through Firehouse, and Damages Firetrucks”


