We have previously discussed the brutality of Islamic nations enforcing medieval Sharia law. Iran has given the world another shocking addition to the long list of beheadings, floggings, and other forms of Islamic punishment. A “court’ has ordered the amputation of the fingers of three teenagers found guilty of theft. Continue reading “Iranian Court Orders The Amputation of The Fingers Of Three Teenagers Under Sharia Law”
Category: Criminal law
I have been critical recently of remarks attributed to Attorney General Bill Barr, including the alleged consideration of criminal charges against a mayor for not acting against rioters and the use of sedition charges against some individuals. The latter allegation was reinforced by the Associated Press after it obtained a memo to United States attorneys. The memo suggests a more general use of sedition for anyone opposing government authority by force. Such a use of sedition laws directly threatens free speech values and would return to dark periods of the suppression of dissent in our country. It is also entirely unnecessary given the array of ample and severe laws available to punish looters and rioters.
Continue reading “The Use of Sedition Laws Against Rioters Would Be Wrong”
There has been a controversy over the refusal of some in the media to use the word “rioters,” but one judge clearly does not see anything nuanced in the actions of those arrested rioting in Lancaster, Pennsylvania last week. Magisterial District Judge Bruce A. Roth set bail for nine of the defendants at $1 million each. I personally view that bail as excessive under controlling case law.
Continue reading “Pennsylvania Judge Hits Lancaster Rioters With $1 Million Bails”
We recently discussed the attack on an elderly man in an elevator over social distancing in Florida. Now, another Florida man, Rovester Ingram, has been charged with a vicious attack on a 70-year-old man at a convenience store after he was asked to social distance. The charge caught my attention. Continue reading “Florida Man Arrested After Attacking Elderly Man Who Asked For Social Distancing”
Several GOP leaders are calling on the Department of Justice (DOJ) to investigate and take legal action against Netflix for its promotion of the “Cuties” film. The film has been denounced for its “sexualization of children.” I have seen the clip of the most controversial scene of young girls dancing which I found deeply disturbing and offensive. However, there is no criminal act alleged of child abuse. What is left is a strong and widely shared revulsion with the film, but that should not be an invitation for governmental action. The threat to free speech of such action is considerable, including the return to a long and detestable period of film censorship in the this country.
Continue reading “No, The Justice Department Should Not Investigate Netflix’s “Cuties””
We have been discussing the controversy after a Rhode Island Professor Eric Loomis declared that there was “nothing wrong” with the killing of Aaron “Jay” Danielson, the member of the right-wing group Patriot Prayer by Michael Reinoehl, an Antifa member. He insisted that the decision of whether to take the life of a “fascist” is purely a tactical, not moral, decision. Connecticut History Professor Manisha Sinha also weighed in on the issue. She referred to the killing of Reinoehl a “hit job” by police while using the same language of the killing of Danielson as a matter of tactics. She was cited by Loomis in a post.
There is story out of Orange County this week that is an astonishing allegations of police corruption. Deputy Sheriff Angelina Cortez, 41, is accused of stealing the credit card of an arrested person and then giving the debit card to her son to use to buy things. There are a couple aspects of this case which are intriguing.
Most human beings were disgusted by the murder of Aaron “Jay” Danielson, the member of the right-wing group Patriot Prayer, in Portland. University of Rhode Island Professor Erik Loomis is not among them. Loomis defended the killing by Michael Reinoehl, an Antifa member who appears to have stalked Danielson before gunning him down. Loomis insisted that any problem in gunning down right-wing counterprotesters was tactical not moral. Continue reading ““I See Nothing Wrong With It”: Rhode Island Professor Defends Murder Of Right-Wing Protester In Portland”
We have been discussing the notable reliance on federal as opposed to state charges to prosecute crimes during the recent protests. The shifting of these cases into the federal system is being done with the support of local police. The result can be enhanced sentencing as well as political cover. The latest example is Jacob D. Little, 24, who allegedly stole a high-powered rifle from a patrol car during a riot in Seattle.
In the criminal justice system, most of us have seen the use of “spit hoods” when a suspect or defendant spits at officers or others. During the pandemic, such behavior is viewed as particularly dangerous. However, for years, the hoods have been associated with breathing and medical issues. The death of Daniel Prude in Rochester is spotlighting this controversy after a shocking video of a group of officers laughing as Prude, who was running nude in the area, complained about his breathing. He died on March 30 after being taken off life support.
Continue reading “Rochester Case Raises New Questions About Police Abuse and “Spit Hoods””
Below is my column on the Steven Bannon case that ran in the Washington Times. Notably, one of the defendants indicted with Bannon is a Andrew Badolato, a person who has repeatedly assisted the government in prior cases. While Badolato has pleaded not guilty and has a long association with Bannon, his history could raise a serious threat for defense counsel that he might cut a deal with prosecutors. In a case of this kind, a cooperating witness confirming an intent to hide transactions would be devastating to the defense. A May 24, 2021 trial date has been set though U.S. District Judge Analisa Torres called that date “optimistic.” (Note: postings this week may be limited due to my duties in a criminal defense case).
Here is the column:
Continue reading “Steven Bannon Needs A Defense Not A Conspiracy Theory For His Federal Trial”
New documents in the George Floyd investigation have been released and it is likely that they will be key to the criminal defense of the accused officers in that case. The documents contain accounts of extremely high levels of fentanyl in Floyd’s blood that could have contributed to his death. The documents are likely to feature significantly in the criminal defense of former officers Tou Thao, Derek Chauvin, J Alexander Kueng and Thomas Lane. While admissibility can be challenged, they reflect findings that will be raised at trial on the impact of these drugs in Floyd’s system. However, the documents in my view do not conclusively establish that the drug use was the cause of the death. Indeed, some reaffirm the view of prosecutors. I do not believe that these documents should not be treated as determinative evidence by the court in pre-trial motions. In other words, this should go to a jury.
President Donald Trump has always demonstrated an almost mocking disregard for the Hatch Act, the 1939 law barring officials from using their official powers or positions to engage in partisan political activities. It is a core protection of good government but it has been primarily honored in its breach in this Administration, including violations by top White House staff that were barely acknowledged, let along addressed, by the President. The White House now faces a series of alleged violations over events and speeches used at the Republican National Convention. Mark Meadows, President Trump’s chief of staff responded that, while no one should violate federal law, ”Nobody outside of the Beltway really cares.” No statement better captures the culture at the White House in erasing the line of separation between official and political work by executive branch officials.
The media coverage of the scandal involving Liberty University President Jerry Falwell Jr. has been overwhelming. That is to be expected. An evangelical figure leaves his post at a religious university after a photo with his pants unzipped on a yacht owned by a Nascar mogul who received lucrative deals with the university. Then came the allegations of Giancarlo Granda that he had a long time sexual relationship with Falwell’s wife Becki and Rev. Falwell liked to watch the sexual trysts. Falwell has alleged that Granda was extorting money. Michael Cohen, the thuggish former counsel for President Donald Trump, is even involved. In this tsunami of coverage, the interesting element is the one that is missing: no one has threatened a defamation action. Such a lawsuit could raise some interesting issues under the common law. Continue reading “The Falwell Fiasco and the Curious Absence of a Defamation Lawsuit”
Among those arrested this week in Portland is an Oregon professor, OHSU Assistant Professor Daniel Liefwalker. Liefwalker was arrested around 3 a.m. for trespassing, a class C misdemeanor, according the Multnomah County Sheriff’s Department’s website. We have discussed how universities should respond to faculty engaged in criminal conduct. I have advocated, including in recent Senate testimony, that faculty members who engage in violence on campus should be fired. I do not believe such a response would be appropriate based on these facts. Continue reading “Oregon Professor Arrested in Portland Riot”