Category: Criminal law

Bizarre, Criminal law, Religion, Society

Louisiana Priest Arrested In “Demonic” Act With Two Women On Church Altar
Rev. Travis Clark, 37, has been arrested with two women, Mindy Dixon, 41, and Melissa Cheng, 23, after an alleged sex act on the altar of his church.  New Orleans Archbishop Gregory Aymond said that the tryst at Saints Peter and Paul Roman Catholic Church was “demonic” and has ordered the altar removed and burned. If true, this was an act of utter depravity and a terrible desecration of this church, but the prosecution could raise some challenging issues under the Constitution.
Bizarre, Criminal law, Justice, Politics

Whitmer Lashes Out At Barr Over Kidnapping Plot Despite The FBI Uncovering The Plot And The DOJ Prosecuting The Plotters

Michigan Gov. Gretchen Whitmer was the target this month of a plot of extremists to kidnap her and storm the state capitol.  After the arrests of the primary suspects, Whitmer lashed about at President Donald Trump for failing to condemn right wing violence. That is certainly a common criticism. However, Whitmer also attacked Attorney General Bill Barr and suggested that he knew about the plot.  It was a curious attack since the FBI uncovered the plot and the DOJ is prosecuting the plot. There is no indication that the DOJ was delaying action. To the contrary, it acted to thwart the plot and protect Whitmer.  The other question is why would Barr lie about his knowledge?  To what logical end? He was not asked about any threats but specifically if he knew about signs and statements made a protest in Lansing, Michigan in June — a protest that was under state, not federal, jurisdiction.

Continue reading “Whitmer Lashes Out At Barr Over Kidnapping Plot Despite The FBI Uncovering The Plot And The DOJ Prosecuting The Plotters” →

Bizarre, Criminal law, International

More Trick Than Treat: Yakuza Barred From Handing Out Halloween Treats This Year In Japan

As the kids in my neighborhood can tell you, I tend to follow Oscar Wilde’s rule that nothing succeeds as much as excess . . . at least when it comes to Halloween.  After two weeks, our extensive graveyard and haunted house is now complete. We are however waiting word on whether we will be allowed to give out candy in Virginia or end up like the hapless Yakuza in the Hyogo Prefecture in western Japan. The Japanese mob has been banned from handing out treats at Halloween.

Continue reading “More Trick Than Treat: Yakuza Barred From Handing Out Halloween Treats This Year In Japan” →

Bizarre, Criminal law, Politics, Society, Torts

A Sign of Our Times: Police Search For Culprit In Booby Trapped Trump Sign

Police in Michigan are looking for the person responsible for a booby-trapped Trump-Pence sign that cut a worker who was removing it because it was too close to the road. The worker required 13 stitches. In torts, we cover a long line of cases involving “snare guns” and “man traps” going back centuries. This case presents an ironic twist under that precedent. Continue reading “A Sign of Our Times: Police Search For Culprit In Booby Trapped Trump Sign” →

Constitutional Law, Criminal law, Free Speech

No Friend of the Court: Federal Judge Dismisses Lawsuit Challenging Arrest For Warning “Cops Ahead” In Connecticut
ACLU of Connecticut

In Connecticut, U.S. District Judge Alfred V. Covello has dismissed a free speech challenge that could have sweeping implications for protests against police operations or policies. Michael Friend was arrested in 2018 after he held up a sign warning motorists “Cops Ahead.” The police were looking for distracted drivers in Stamford. Covello ruled that Friend did not have a free speech right in making such a protest. As will likely surprise few on this blog, I disagree. Covello’s decision dismisses the obvious political and social viewpoints reflected in Friend’s protest. Under this standard, a wide variety of speech could be curtailed as inimical to police operations.

Continue reading “No Friend of the Court: Federal Judge Dismisses Lawsuit Challenging Arrest For Warning “Cops Ahead” In Connecticut” →

Constitutional Law, Criminal law, Society, Supreme Court

Cutie Indictment: Netflix Charged in Texas For Promoting “Lewd Visual Material”

Tyler County District Attorney Lucas Babin has secured a grand jury indictment of Netflix for promoting “lewd visual material” of a child in its controversial film “Cuties.” As discussed earlier, I found images from the film to be deeply disturbing.  However, the criminal charge in Texas is in my view a violation of the First Amendment and a dangerous return to a period of film censorship and criminalization. Continue reading “Cutie Indictment: Netflix Charged in Texas For Promoting “Lewd Visual Material”” →

Academia, Criminal law, Society

“There Is No Evidence”: Professor Publishes Book On Domestic Terrorism While Denying Antifa’s Involvement In Violence

As we have previously discussed, there has been a bizarre denial in the face of Antifa violence throughout the country. It is particularly difficult to understand since one can acknowledge the violence of Antifa groups while recognizing the violence of far right groups. Yet, that does not fit the narrative in this political environment where every allegation seems to be part of a some zero-sum game of blame.  The latest example is Professor of Criminology and Terrorism Studies at UMass-Lowell Arie Perliger, who told The Lowell Sun, that there is absolutely no evidence of organized violence by Antifa.  The assertion is astonishing given the extensive evidence of such violence for years on the campuses and streets of the country. Continue reading ““There Is No Evidence”: Professor Publishes Book On Domestic Terrorism While Denying Antifa’s Involvement In Violence” →

Congress, Constitutional Law, Criminal law, Media, Politics, Society

McCabe: I Will Not Testify Out of Fear For My Health … Even Remotely

Former FBI Deputy Director (and CNN contributor) Andrew McCabe has long said that he was willing to answer questions under oath about his controversial actions in the Russian investigation. He was scheduled to do so on Tuesday, but he now has refused — citing the infection of three senators with Covid-19.  However, McCabe also refuses to testify remotely as did both former FBI Director James Comey and former Deputy Attorney General Sally Yates.  He simply says that “fairness” dictates that he not testify at all. The basis for his refusal to appear remotely is utterly and almost comically absurd.

Continue reading “McCabe: I Will Not Testify Out of Fear For My Health … Even Remotely” →

Congress, Criminal law, Justice, Media, Politics

What Rings Comey’s Bell: The Former FBI Director’s Casual Testimony Confirms the Worst About His Tenure

In his long-awaited testimony before the Senate Judiciary Committee, former FBI Director James Comey’s testimony proved as casual as his appearance in an open shirt from his home office. Comey was hammered with embarrassing findings of errors under his watch in the handling of the Russian investigation, including the reliance on information that FBI agents warned might be Russian disinformation supplied by a Russian agent. After years of investigation, the FBI was unable to show that a single Trump official conspired or colluded with the Russians. Instead, investigations found extensive errors, irregular and criminal conduct, and statements of intense bias by key FBI figures. Yet, Comey proceeded to give what amounted to a series of shrugs in either denying any recollection of such information or deflecting responsibility to others. Continue reading “What Rings Comey’s Bell: The Former FBI Director’s Casual Testimony Confirms the Worst About His Tenure” →

Courts, Criminal law

“This Idea Of This Presumption Of Innocence Is Over”: New Murder Trial Ordered Due To Prosecutor’s Closing Argument

In a relatively rare move, the U.S. Court of Appeals for the Ninth Circuit overturned a first-degree murder conviction this week due to the inappropriate comments made by the prosecutor that the jury could dispense with notions of the presumption of innocence.  As a criminal defense attorney, I have dealt with this issue of abusive prosecutorial statements in closing arguments.  Yet, courts often do little, if anything, in response. This case could offer a real deterrent for such prosecutorial misconduct.

Continue reading ““This Idea Of This Presumption Of Innocence Is Over”: New Murder Trial Ordered Due To Prosecutor’s Closing Argument” →

Criminal law, Free Speech, Media, Society, Supreme Court, Torts

Does Officer Jonathan Mattingly Have A Defamation Case In The Coverage Of The Breonna Taylor Case?

Louisville Metro Police Sgt. Jonathan Mattingly is reportedly moving forward with defamation actions against those who have called him a “murderer” for his role in the Breonna Taylor case. His attorney Todd McMurtry has been unclear on who would be sued for the commonly used label following the shooting of Taylor and her boyfriend Kenneth Walker.  A defamation is possible but it would be highly challenging under controlling case law and this specific context. Continue reading “Does Officer Jonathan Mattingly Have A Defamation Case In The Coverage Of The Breonna Taylor Case?” →

Bizarre, Criminal law, International

Jesus The Stoner? Chinese Textbook Changes Biblical Account To Suggest Divine Support For Communist Rule

I recently wrote about law professors who embraced Chinese censorship on the Internet as a mind-blowing contradiction for intellectuals. However, China has done one better.  A school textbook changes a critical story in the Bible to support the authoritarian rule of the Communist Party. In the Chinese version of the story from The Gospel of John, Jesus still stops people from stoning a woman to death but when they leave, he then stones her to death because . . .  well  . . . she deserved it and that is the law. Fortunately, Jesus did not appear to make any direct reference to rendering Hong Kong unto Beijing.

Continue reading “Jesus The Stoner? Chinese Textbook Changes Biblical Account To Suggest Divine Support For Communist Rule” →

Criminal law, Society

Taylor Grand Jury Decision Denounced By Legal and Media Analysts As Raw Racism or “State-Sponsored White Supremacy”

The Daily Kos and other sites are heralding the interview of Dr. Jason Johnson, MSNBC contributor and Morgan State journalism professor, who denounced the Kentucky Grand jury and prosecutors in the Brionna Taylor case as engaging in raw “state-sponsored white supremacy” in falling to indict the three police officers with murder.  Others declared the result as the product of obvious racism in the justice system and many ridiculed Kentucky Attorney General Kenneth Cameron as a traitor to the black community or “the Bull Connor” of black lawyers. These attacks ignore the legal barriers to the murder charges demanded by many.  While there are good faith reasons for many to criticize the charges or underlying decisions of the police, some of us warned that the case would present serious challenges given the shooting by Taylor’s boyfriend and the wounding of an officer.

Criminal law, Politics

Did Bloomberg Commit A Crime In Paying Off The Debts Of Black and Hispanic Former Felons To Allow Them To Vote?

Billionaire Mike Bloomberg has pledged to pour $100 million dollars in Florida alone to elect Joe Biden as part of his earlier pledge to pump hundreds of millions into the election.  The role of billionaires like Bloomberg and Sheldon Adelson in pouring hundreds of millions into the election for each side remains controversial, though many past critics of such windfall campaign financing are now demanding more support.  Bloomberg however is now under fire for pledging to pay off the debts of Black and Hispanic former felons to allow them to vote. The Washington Post reported that the funding of only Black and Hispanic former felons was due in part to the fact that they are more likely to vote for Biden.  That effort has led to allegations that Bloomberg may himself be committing a felony under Florida election laws. Much of this controversy is focused on the reporting of the Washington Post and an alleged Bloomberg memo. The money is actually distributed by a Florida organization committed to restoring voting rights for former felons.

Continue reading “Did Bloomberg Commit A Crime In Paying Off The Debts Of Black and Hispanic Former Felons To Allow Them To Vote?” →