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 
Among those arrested this week in Portland is an Oregon professor, 
We have been 
Below is my column in the Hill newspaper on what stood out in the Democratic National Convention in terms of the future for the Justice Department under a possible Biden Administration. I have been highly critical of President Donald Trump’s treatment of the Justice Department and his disregarding of the principles of separation of the White House from ongoing investigations. Critics however often seem to embrace the seem disregard for core, defining principles of legal process. Highlighting the message of Sally Yates and Kamala Harris on justice issues is discomforting for those of us who want to see the Justice Department’s independence and objectivity respected and reinforced.
We have previously discussed rising cases of politically motivated violence, including 
There is an interesting controversy in Salt Lake City this week where police are investigating whether 
We have previously discussed crimes that are just dumbfoundingly dumb like the 
When I 
Where Shakespeare is credited in writing “Much To Do About Nothing,” the Senate may have achieved credit for writing “nothing about much.” It is remarkable about how comparably little can be said in 1000 pages. The Senate Intelligence Committee released 
Recently, I 
Below is my column in the Hill on the announced criminal plea by former FBI lawyer Kevin Clinesmith and the continued calls by Democratic leaders to end the John Durham investigation. This week I