Category: Criminal law

“O Goody Ruskies”: Mueller Finds Witches But Which Witches Are We Hunting?

600px-Witchcraft_at_Salem_VillageBelow is my column in The Hill newspaper on the most recent indictment of Russian military intelligence figures for hacking the computer systems linked to the Clinton campaign and the Democratic party.  Once again, the indictment seems straightforward in what is says and what it does not say. Yet, the Washington spin machine quickly put forward highly distorted accounts, including media reports that worked hard to avoid acknowledging obvious elements of the indictment.

Here is the column: Continue reading ““O Goody Ruskies”: Mueller Finds Witches But Which Witches Are We Hunting?”

No, Rosenstein Should Not Be Impeached

Rod_Rosenstein_Official_DAG_PortraitOver the course of the last year, I have been highly critical of Deputy Attorney General Rod Rosenstein for his selection of Robert Mueller as Special Counsel and his failure to recuse himself from the Russian investigation.  However, the most recent effort to impeach Rosenstein is unwarranted and unwise.  According to news reports on Friday, Reps. Mark Meadows, R-N.C., and Jim Jordan, R-Ohio are preparing articles of impeachment to subject in the coming weeks against Rosenstein.

 

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“Perfectly Legal”: The Perilous Rhetoric Of Immigration Politics

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Below is my column in The Hill newspaper on continued claims about undocumented immigrants and their legal status.  There is a growing misrepresentation of the status issues that are deeply concerning.  While undocumented status can be treated as a civil matter, it is also a criminal matter when a person enters the country illegally.  Some politicians and commentators have been stating simply that all undocumented persons are non-criminals while others have suggested that persons are “perfectly legal” if they claim asylum even if they entered illegally.  The point is that not all such persons should be treated criminally, but rather these statements can be dangerously misleading for families considering an illegal crossing.  The Trump Administration has shifted enforcement toward greater criminal than civil enforcement.  As for asylum claims, they are not the majority of illegal entries but the numbers are clearly rising.  We are required under international law to consider such applications, but that does not mean that the entry was lawful or that such cases cannot raise risks of criminal enforcement.  With so many lives at risk, we need to be more accurate in how we describe the legal realities of illegal entry.

 

Here is the column:

Continue reading ““Perfectly Legal”: The Perilous Rhetoric Of Immigration Politics”

Daniels Charge Dismissal Deepens Doubts About Police Sting Operation In Columbus

1531390682941We discussed the arrest of Stormy Daniels this week and the curious Ohio laws making any touching between strippers and customers a crime, even the touching of clothing.  The arrest was part of an operation with four undercover officers.  The later dropping of the charges only deepened questions over the need for the string operation and the arrest of Daniels, who real name is Stephanie Clifford. Continue reading “Daniels Charge Dismissal Deepens Doubts About Police Sting Operation In Columbus”

Colorado State University Professor Criminally Charged After Allegedly Faking Offer Letter From University of Minnesota

Brian R. McNaughton, a former associate professor at Colorado State University, has been criminally charged for his alleged faking of an offer of employment from the University of Minnesota to secure a raise. That $5,000 raise became a costly addition as part of a criminal charge of attempting to influence a public official.

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Manafort’s Mugshot Released With Prison Phone Transcripts

1531416683549Paul Manafort is in the process of being transferred to Virginia’s Alexandria Detention Center to allow greater communication with his counsel.  The transfer was accompanied with a new mugshot and transcripts of communications by Manafort on monitored prison telephones.  This all occurs as an appellate court has turned down Manafort’s bid for an immediate release.

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Stormy Daniels Arrested Under Rarely Enforced Ohio Law [Updated]

1531390682941The arrest of Stormy Daniels at an Ohio strip club in Columbus raises a credible question of selective enforcement of a 2007 state law called the Community Defense Act. The law  prohibits dancers from touching customers and vice versa.  It is a law honored mainly in the breach in strip clubs.  However, the police appeared ready to pounce on any touch by Daniels and she was taken to the Franklin County Ohio Sheriff’s Office and charged with misdemeanor sex offenses. Update: Charges have now been dropped, though without an explanation of why the string operation and original charges.

Continue reading “Stormy Daniels Arrested Under Rarely Enforced Ohio Law [Updated]”

Florida Man Reportedly Insisted That He Was Not Driving Drunk Because He Only Drank At Lights And Stop Signs

earle-stevens-1531312527.jpgEarle Stevens Jr., 69, had a novel defense in Florida when he was stopped by an officer on suspicion of drunk driving.  According to the driver, Stevens insisted that that he had only been drinking at red lights and stop signs.  The officer was not impressed by the claim that he was drinking then driving then drinking but never at the same time.

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Michigan Supreme Court Upholds Child Porn Conviction Based On Drawings Of Fictional Character

 

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North Carolina Prisoner Signs Up For Fasting During Ramadan . . . Then Sues Jail For Withholding Lunch

SpellerTravaile Speller has a curious case against Mecklenburg County Jail for depriving him of lunch.  Speller is Muslim and was put on the traditional meal plan for Ramadan of two meals a day.  Speller has sued for major damages for “intentionally eliminating one whole meal (lunch) which is cruel and unusual punishment directed towards all Muslims.” The problem is that Speller reportedly signed up to participate in the Ramadan schedule, including the skipping of lunches. He now wants a jury trial and $250,000 in damages. Continue reading “North Carolina Prisoner Signs Up For Fasting During Ramadan . . . Then Sues Jail For Withholding Lunch”

Manafort Moves For Venue Change From Liberal Alexandria

301px-Seal_of_Alexandria,_VA.svgAttorneys for former Trump campaign manager Paul Manafort have asked a federal judge for a venue change on the rather dubious grounds that Alexandria Virginia is simply too liberal.  Manafort wants a jury in Roanoke where there are more Republicans.  It is an exceptionally weak motion and would be unprecedented to shift jurisdiction based on the political views of the local electorate as opposed to using voir dire to spot bias.  Attorneys Kevin Downing, Thomas Zehnle and Jay Nanavati told the “It is not a stretch to expect that voters who supported Secretary Clinton would be predisposed against Mr. Manafort or that voters who supported President Donald Trump would be less inclined toward the Special Counsel.” If it is “not a stretch” politically, it is a stretch legally. In fairness to the defense time, however, it was Judge T.S. Ellis III who raised the possibility of a venue change to Roanoke or Richmond.  Ellis however has a reputation for making controversial statements from the bench.  In most courts, I would expect this motion to be denied fairly quickly.

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Constitutional Time Out? Mueller Becomes Latest Basis For Opposing Any Trump Nominee

440px-Director_Robert_S._Mueller-_III440px-Official_Portrait_of_President_Donald_TrumpBelow is my column in The Hill newspaper on the latest rationale for opposing any nominee of President Donald Trump: that any nomination or confirmation must wait until the completion of the investigation by Special Counsel Robert Mueller.  It is a claim being voiced by both politicians and academics despite the absence of constitutional or historical support.

Here is the column:

Continue reading “Constitutional Time Out? Mueller Becomes Latest Basis For Opposing Any Trump Nominee”

ICE Lawyer Sentenced To Four Years For Stealing The Identities of Immigrants

us-immigration-and-customs-enforcement-seal-plaque-lRaphael A. Sanchez held a high position as chief counsel for U.S. Immigration and Customs Enforcement in Seattle that paid $162,000 a year.  However, Sanchez was not happy with that high salary and used his authority to augment his income by stealing the identities of undocumented immigrants.  With all of of the perils of facing these people, they were victimized by the lead lawyer representing the United States government. He is now facing four years in prison which strikes me as rather low for this abuse of authority.

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Res ipsa loquitur – The thing itself speaks