Category: Criminal law

Cohen Is Done But Not Finished In His M.A.D. Legal Strategy

250px-Nuclear_fireballBelow is my column in the Hill newspaper on the implications of Michael Cohen accusing Donald Trump of lying about his lack of prior notice of the meeting at Trump Tower with Russians offering dirt on Hillary Clinton.  Cohen’s allegations present an obvious risk not only to Trump but himself.  What is most striking is that Cohen is alleging that specific people were in the room during Trump’s briefing and his approval of the meeting.  That is an unnecessary risk to take if you are lying about the meeting as opposed to alleging a one-on-one conversation with Trump.  Thus far, no one has corroborated his story while the Trump team is alleging proof that the critical tape has been altered.

Here is the column:  Continue reading “Cohen Is Done But Not Finished In His M.A.D. Legal Strategy”

Republicans Need To Consider The Consequences Of A Rosenstein Impeachment

Rod_Rosenstein_Official_DAG_PortraitBelow is my column in the Hill newspaper on the calls for the impeachment of Deputy Attorney General Rod Rosenstein.  While the key sponsors have indicated that they may be willing to delay this effort, many continue to advocate for a vote on articles of impeachment.  As I have previously said, that would be a mistake.  Putting aside the historical and constitutional reasons discussed below, this is the worst possible time for the Republicans to lower the standard for impeachment. The Democrats could well retake the house in November and the effort against Rosenstein could make it all the more easy for Democrats to pursue Donald Trump after the midterm elections. Continue reading “Republicans Need To Consider The Consequences Of A Rosenstein Impeachment”

Scratch A Lawyer, Find A Foe: Michael Cohen Releases Secret Recording Of Trump Discussing Payment To Alleged Mistress

donald_trump_president-elect_portrait_croppedBelow is my column in the Hill newspaper on release of the first Cohen tape and rumored seizure of many more such tapes by federal prosecutors.  I have previously stated that the secret taping of Donald Trump was, in my view, flagrantly dishonest and disloyal in dealings with a client.  While the American Bar Association relaxed the rule against secret taping from being per se unethical, few lawyers would contemplate what Cohen did to his client.  Indeed, New York is a jurisdiction that looks with disfavor on such taping as a routine matter.  Unless done for some clear societal benefit, it is a serious potential unethical act.  Michael Cohen continues to be an embarrassment to the profession in his low level of legal judgment and even lower professional standards of conduct.

Here is the column:

Continue reading “Scratch A Lawyer, Find A Foe: Michael Cohen Releases Secret Recording Of Trump Discussing Payment To Alleged Mistress”

Cohen Reportedly Ready To Testify That Trump Knew Of The Planned Russian Meeting In Trump Tower

160px-Official_Portrait_of_President_Donald_Trump_(cropped)Michael Cohen is reportedly ready to give Special Counsel Robert Mueller key testimony contradicting not only President Donald Trump but the sworn testimony of his son, Donald Trump Jr. He will reportedly say that Trump was aware of the planned meeting with the Russians in Trump Tower.   Such testimony may also contradict Cohen’s own statements, which would make a deal all the most essential with Mueller.  Cohen’s lawyer Lanny Davis has announced that “Cohen is trying to reset his life  . . . This is a turn for him. It’s a new resolve to tell the truth no matter what, even if it endangers him.”  It certainly could be dangerous if it contradicts sworn testimony or statement to investigators Continue reading “Cohen Reportedly Ready To Testify That Trump Knew Of The Planned Russian Meeting In Trump Tower”

Sirens: Emails Appear To Confirm That Stormy Daniels Was Selectively Targeted By Ohio Detective And Her Uncover Teams

1531390682941We earlier discussed the dropping of the highly dubious charges brought against Stormy Daniels in Columbus, Ohio.  The arresting officials insisted that they were at the Sirens strip club on an undercover mission entirely separate from the appearance of Stephanie Clifford, aka Stormy Daniels. Emails now appear to contradict that account — raising not only the question of selective enforcement but political bias.  There is also the question of the false statements allegedly made to investigators. Continue reading “Sirens: Emails Appear To Confirm That Stormy Daniels Was Selectively Targeted By Ohio Detective And Her Uncover Teams”

Georgia Sheriff Suspended From Federal Program After Using Funds To Buy Hellcat Muscle Car

downloadMany civil libertarians long objected to the reliance on local policy on money and property seized in drug stops and raids.  I have previously written about drivers being stripped of any cash that they cannot clearly account for in highway stops and the windfall such seizures represent for some departments. The federal government has been repeatedly criticized for its seizures, which are shared with local departments.  Now this program is at the heart of a controversy in Gwinnett County where Sheriff Butch Conway used money from the federal program to purchase a Hellcat muscle car for use as his official car.  However, the story gets much, much worse in my view after Conway’s department cited the other use of the car beyond transported Conway in Knight Rider fashion. Continue reading “Georgia Sheriff Suspended From Federal Program After Using Funds To Buy Hellcat Muscle Car”

On Contempt: The FBI Has Congress’ Number

136px-US-FBI-ShadedSealBelow is my column in The Hill newspaper on the lingering questions left from the Strzok testimony. While it may seem like a thousand years after Helsinki and the Cohen tape, the testimony of Strzok was shaped by highly dubious instructions from the FBI not to answer core questions.  It is highly doubtful that a majority of these refusals would be upheld under judicial review — starting with the first question asked of Strzok.

Here is the column: Continue reading “On Contempt: The FBI Has Congress’ Number”

Laying Hands On The Faithful: Police Find Fortune In Cash Hidden In Lavish Home Of Catholic Priest

download-2In a moment reminiscent of the William Jefferson freezer cash seizure, police in Williamston (Michigan) have reported the discovery of $63,392 in cash during a second search of the home of Rev. Jonathan Wehrle.  He is a Catholic priest charged with embezzling more than $5 million from an Okemos parish.  To make matters worse for Wehrle, the cash was still in bundles of $2000 with paper bands reading “For deposit only – St. Martha Parish and School.”  There is a time to pray and a time to plea.  This would be the latter. Continue reading “Laying Hands On The Faithful: Police Find Fortune In Cash Hidden In Lavish Home Of Catholic Priest”

Susanleon33326: Cross Dressing Florida Man Arrested For Pretending To Be Bored Housewife To Film Straight Men Having Sex

 

Continue reading “Susanleon33326: Cross Dressing Florida Man Arrested For Pretending To Be Bored Housewife To Film Straight Men Having Sex”

Florida Gas Station Owner Charged With Attempted Murder In The Shooting Of Shoplifter

1531943331829Florida gas station store owner Mehedeun Hasan, 22, is facing a charge of attempted murder after shooting Rennie Defor, Jr. as he was trying to steal beer worth $36.  It is another example of the common law rule that you cannot protect property with potentially lethal force.

Continue reading “Florida Gas Station Owner Charged With Attempted Murder In The Shooting Of Shoplifter”

Changing Dealers? MGM Resorts Sues The Victims In The Mandalay Bay Massacre

220px-The_ScreamMGM Resorts International has gone to an extraordinary point to forum shop for more sympathetic judges: it is actually suing the victims of last year’s Las Vegas concert mass shooting.  The move has outraged many as MGM shamelessly sues grieving families and individuals to get before the more conservative federal bench. It is a move that is a stark reminder of how corporations openly forum shop for judges as well as the view of the federal bench as being more sympathetic to corporate defendants.  What is all the more unsettling is that MGM and Mandalay Bay could well succeed.

Continue reading “Changing Dealers? MGM Resorts Sues The Victims In The Mandalay Bay Massacre”

“It’s OK, She Is Gonna Be 16 Soon”: Dallas Man Arrested For Statutory Rape For 15-Year-Old Wife

Jose Nahun Lopez-Cruz(Dallas County Jail)Jose Nahun Lopez-Cruz, 24,  appears to follow a rather flexible view of the criminal code.  When police approached him while illegally parking, Lopez-Cruz introduced them to his 15-year-old wife but assured the officers that “It’s OK, she is gonna be 16 soon.” It didn’t. He was charged with sexual assault of a child.

Continue reading ““It’s OK, She Is Gonna Be 16 Soon”: Dallas Man Arrested For Statutory Rape For 15-Year-Old Wife”

Federal Judge Orders L.A. Times To Remove Information Of A Plea Agreement From Published Articles [UPDATED]

screen-shot-2018-07-17-at-7-22-46-am-e1531826624860.pngIn one of the most troubling orders issued by a court in years, U.S. District Judge John F. Walter issued an order on Saturday to the Los Angeles Times to remove information from an article describing a plea agreement between prosecutors and a Glendale police detective.  The detective is alleged to have been in the pocket of the blood-soaked Mexican Mafia.  The newspaper discovered the details in a posted order on PACER the online court database, which was supposed to be left under seal.  I have been in cases when such mistakes have occurred but the court’s actions in this case drive to the heart of press freedom in this country. In my view (which will hardly surprise our regular readers), the order is a direct and dangerous violation of the First Amendment. [UPDATE: After a national outcry, the judge has rescinded his order and says that he was not sure that the LA Times had obtained the material legally.]

Continue reading “Federal Judge Orders L.A. Times To Remove Information Of A Plea Agreement From Published Articles [UPDATED]”

Minnesota Murderer Runs For U.S. Senate From Prison

3993e519c002f762ea94fc83c5aeedeaThe one thing that you can say about Leonard Richards, 75, is that he is not your ordinary politician.  Where politicians often run on putting people into jail on a tough-on-crime platform, Richards started with himself and is currently serving a life sentence in a Minnesota prison. While that would bar him from running for a state office, he can run for the U.S. Senate seat currently held by Sen. Amy Klobuchar.

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Res ipsa loquitur – The thing itself speaks