This week, former Vice President Joe Biden rekindled the debate over the killing of Michael Brown in 2014 with a tweet stating that his life was “taken” by police and represents the systemic racism in our society. The sixth anniversary of the killing is obviously notable as protests continue across the country over the killing of George Floyd. However, two of Biden’s leading candidates for vice president still maintain the police “murdered” Brown in Ferguson, Missouri — a claim that could become a contested campaign issue since it was the Obama Administration that found that shooting to be justified while Biden was vice president. Given the additional comments from Sens. Elizabeth Warren and Kamala Harris, a brief recap of the multiple investigations into the shooting seems warranted. Continue reading “Biden Tweet Rekindles Debate Over Michael Brown Case”
Category: Criminal law
Below is my column in the Hill newspaper on the effort of New York Attorney General Letitia James to forced the dissolution of the National Rifle Association (NRA). The decision of James to seek the clearly unwarranted dissolution of the nation’s largest gun rights organization is consistent with her past politicalization of office. The case itself is important and raises serious questions of excessive spending by officers of the NRA. While there are other organizations that have not received this level of attention over spending, the record of the NRA is worthy of scrutiny and possible injunctive relief. However, James undermined the credibility of the case by demanding dissolution to pander to Democratic voters. It is all too familiar to those of us who have criticized James in the past for her use of the office for political grandstanding.
Here is the column: Continue reading “The NY Attorney General’s Effort To Dissolve The NRA For Self-Dealing Is A Self-Indictment”
I recently wrote a column concerning a pattern of willful blindness by the media as new evidence emerges of serious wrongdoing by the FBI in the origin and continuation of the Russian collusion investigation. The latest information comes from the Senate Intelligence Committee which released a declassified briefing report to the Senate Intelligence Committee in 2018 on the Steele dossier’s Primary Sub-source. It is hard to read the document linked below and not conclude that the FBI misled the Congress on the subject. This occurred after the FBI misled the FISA court, including the submission of falsified documents to continue the surveillance.
Another professor is under fire this week for rabidly anti-Republican views. Clemson School of Computing Assistant Professor Bart Knijnenburg called not just Trump but all Republicans “xenophobic and racist.” He previously called all Republicans “racist scum.” Despite his hateful and intolerant views, I still believe that he has a free speech right to express those views in social media and would oppose efforts to terminate him. Unfortunately, such views are not uncommon among faculty. What made this story stand out is that Knijnenburg appeared to encourage others to find the home address of someone who published an open letter calling for schools to stop admitting Chinese students. It has become a standard practice of some groups to harass and threaten people at home if they express opposing views or contradict a new orthodoxy on our campuses. Continue reading ““Living Hell”: Clemson Professor Prompts Others To Find The Home Address Of Public Letter Author”
I was recently called by the Philadelphia Inquirer on a fact check of Sen. Bob Casey (D., Pa.) claim that officers in Portland of “kidnapping and holding citizens without charges.” I explained that the common hyperbolic claim of kidnapping is legally unfounded. The newspaper still found that Casey was “mostly right.” This is why I believe he was wrong. He was not alone however in his judgment.Continue reading “No, Sen. Casey Calling Police Kidnappers Is Not “Mostly Right””
We recently discussed the case of the McCloskeys in St. Louis where they were charged with felony crimes after displaying weapons outside of their home in response to protesters. I have raised serious concerns over the viability of those charges. Now, however, we have a similar case brought against the husband of Los Angeles District Attorney Jackie Lacey. The Lacey home has been targeted by Black Lives Matter protesters in what is becoming a common practice. While the first black District Attorney in Los Angeles, Black Lives Matter protesters have been calling for her ouster and said that they would be holding a community meeting in front of her home. Politicians have responded to the BLM protests and some, like Rep. Adam Schiff (D-Calif.), have rescinded their endorsements of Lacey recently, Lacy’s husband, David Lacey appeared at the door waiving a gun and warning “I will shoot you. Get off of my porch.” What is interesting is the comparison in the charges in the McCloskey and Lacey cases. Continue reading “Husband of LA DA Charged For Pointing Gun At Protesters”
We have previously discussed the destructive narcissism of tourists who write their names on historic locations or art. This includes the Chinese tourist who wrote on an ancient Egyptian temple and the Russian who carved his name into the Colosseum. An unidentified 55-year-old man from Missouri snapped the finger off a 14th or 15th century marble masterpiece when he decided to measure it by grabbing the hand. Then there was the destruction of an ornate historic arch for selfie in Portugal. The latest victim is a 200-year-old sculpture in Italy after an Austrian tourist decided to sit on the artwork for a better picture and broke off two of its toes. Paolina (left) might not object to the intrusion. She was heavily criticized for her attraction to (and of) men, a tendency that led to a reputation for “Bacchanalian promiscuity.” It appears her irresistible attraction continues, even to the ruin of Austrian men hundreds of years later.
Today I am testifying in the Senate Judiciary Committee’s Subcommittee on the Constitution on the anti-free-speech movement in the United States. The hearing is entitled “The Right of the People Peaceably to Assemble: Protecting Speech by Stopping Anarchist Violence.” The hearing will be held at 2:30 in the Dirksen Senate Office Building and will be broadcast on C-Span and available on the Internet through the Committee. My testimony is below.
We recently discussed the arrest of a Starbucks employee for spitting in the coffee of a police officer. Now, Vincent J. Sessler, 25, has been arrested for the same act at a Chicago Dunkin Donuts. The Illinois State Trooper spotted the spit when he opened the coffee to let it cool. Later surveillance cameras reportedly showed Sessler spitting in the coffee. What is interesting is the comparison of the charges in the two cases. There is also an issue as to whether such crimes constitute tampering with a food product.
We have been discussing the criminal cases emerging from incidents of rioting or arson around the country over these weeks of protest. One case out of Oregon however seems to capture the divisions in the country. Gabriel “Rico” Agard-Berryhill, 18, has been charged with throwing an explosive device. The primary witness against him is his grandmother, Karla Fox, 69, who is also a Trump supporter. What is most notable is the defense that Agard-Berryhill has raised, which is similar to the one used by Samantha Shader in New York. There is also an interesting twist on the basis for a potential obstruction or attempt destruction of evidence charge.
We have been discussing the ruling of the United States Court of Appeals for the First Circuit in tossing the death sentence of Boston Marathon bomber Dzhokhar Tsarnaev due to juror bias (as well as reversing some convictions). The ruling is a relatively rare case of a court taking such action. Criminal defense attorneys, including myself, have long complained that judges talk a good game about fair trials but always seem to find a way of avoiding new trials in the face of even clear juror bias. That was my objection to the Stone trial where Judge Amy Berman Jackson refused to grant a new trial on grounds very similar to those of Tsarnaev, including alleged bias in forepersons in the both cases. While Tsarnaev only got a new sentencing proceeding, Stone should receive an entirely new trial.
Continue reading “Is The Boston Marathon Bomber Ruling Good News For Roger Stone?”
According to police, Douglas Marks, 29, has a curious method for reinforcing social distancing. After he spotted people without masks, he allegedly fired “four warning shots” at the Crystal Beach Suites Hotel. The criminal charges contained one interesting element. While Marks did not reportedly aim at anyone, he was still charged with assault. This follows an incident in California where a woman maced a couple who was eating with their child at a park without masks.
Below is my column on the recent hearing before the House Judiciary Committee with Attorney General William Barr. The hearing was widely ridiculed after Barr was repeatedly prevented from answering questions. It was a great disappointment. I just testified on the Lafayette Park controversy and many of us were waiting for a month to hear from Barr directly on the details, particularly the statements of many in the media that the Park area was cleared to allow President Trump to take a picture in front of St. John’s Church. Democratic members continued to refer to that as a fact (as has many in the media) despite the federal agencies supplying information that shows that the plan was approved days before and the order was given with no knowledge of the photo op. Yet, on repeated occasions Barr tried to supply times and dates, Democratic members immediately “took back the time” and even got angry when he tried to answer. The same is true on other controversies. We lost an opportunity to actually answer these questions. Yet, after repeatedly blocking Barr from answering, Speaker Nancy Pelosi called him a “Blob” at the hearing. He might seemed less blob-like if Democrats allowed him to speak. Instead, the hearing was an example of how Congress will work tirelessly not to find answers when a narrative is too good to check.
Here is the column: Continue reading “The Barr Hearing and The Triumph Of Small People In An Era Of Great Events”
Tattoos appear a real liability for rioters these days. We recently discussed the arson cases of the “Joker” case in Chicago of Timothy O’Donnell as well as a Tacoma woman arrested after an ink match. Now, police have arrested Edward Thomas Schinzing, 32, on perhaps the easiest tattoo match in history: he had SCHINZING written across his back as he torched Portland’s Justice Center (which includes the jail) and the Portland Police Bureau.
Police allege that Schinzing was part of a group of 30 protesters who broke into the building and trashed the building while starting fires. The surveillance camera however captured both his image and his ink job.
Continue reading “Another Protester Arrested After Being Identified By Distinctive Tattoo”
The City of Portland has demanded that the federal government take down a fence that has separated both protesters and rioters from the federal courthouse, including those who have repeatedly tried to burn down the courthouse. Now Portland Commissioner Chloe Eudaly is imposing a $500 fine every 15 minutes until the fence is removed even though the federal officers believe the removal would cause far greater damage and injuries on both sides. The question is whether a city can impose such a fine against the federal government.