Category: Criminal law

History Shows Free Speech Is The Loser In Mob Action

Below is my column in The Hill on the ongoing destruction of memorials and statues. After this column ran, I learned that one of the iconic busts of George Washington University had been toppled on my own campus. I did not learn that from our university, which was conspicuously silent about this destructive act at the very center of our campus.  There is something eerily familiar in the scenes of bonfires with police watching passively as public art is destroyed.  Such acts are akin to book burning as mobs unilaterally destroyed images that they do not want others to see.  There are valid issues to address on the removal of some public art but there is no room or time for debate in the midst of this spreading destruction.  Even when there is merit to objections to literally or artistic or historical works, mob action threatens more than the individual work destroyed by such action. The media has largely downplayed this violence, including little comparative coverage of an attack on the Democratic state senator who simply tried to videotape the destruction of a statue to a man who actually gave his life fighting against slavery in the Civil War.  As discussed earlier, history has shown that yielding to such mob rule will do little to satiate the demand for unilateral and at times violent action. People of good faith must step forward to demand a return to the rule of law and civility in our ongoing discourse over racism and reform.

Here is the column:

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Barr and The Daily Beast: How The Media Misconstrued His “Intervention” In The Cohen Case

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The Daily Beast is out with another breathless account of the sycophantic, corrupt influence of Attorney General William Barr. The article entitled “Barr Reportedly Told DOJ Officials to Try and Undermine Michael Cohen’s Conviction” adds the subheading “The attorney general insists, meanwhile, that it’s nothing but a ‘media narrative’ to suggest he’s acting in the president’s personal interests.”  The article bounced off a piece in the New York Times. The thrust of both the headlines and the story capture the total decoupling of reporting from factual or legal foundations.  It could be denounced as a hit job but it completely misses its mark.


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Supreme Court Rules 7-2 In Favor Of The Trump Administration On Immigration

Supreme CourtThe Supreme Court delivered a big win for the Trump Administration on immigration today with a 7-2 ruling that it may deport asylum seekers without allowing them to present their cases to a federal judge.  It is a major component of the Administration’s effort to expedite deportations and discourage the use of asylum claims as a way of extending stays in the United States.  The case is Dept. of Homeland Security v. Thuraissigiam.

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Florida Man Caught After Crashing $1 Million Yacht and Faces 30 Years In Prison

There is an interesting charge out of Florida where Donovan Russell Jester stole and crashed a roughly $1 million yacht.  He apparently lived on the boat for three months. He was charged with the grand theft vessel. What is interesting is that this crime comes with a potential 30 year sentence.  Continue reading “Florida Man Caught After Crashing $1 Million Yacht and Faces 30 Years In Prison”

The D.C. Circuit Orders Dismissal of The Flynn Case

440px-Michael_T_FlynnIn an extraordinarily rare action, the United States Court of Appeals for the District of Columbia has ordered the dismissal of the case against former National Security Adviser Michael Flynn.  The mandamus order could well be unique and was based on clear disagreement with the actions of U.S. District Court Judge Emmet Sullivan along many of the lines that I previously discussed in columns (here and here and here and here and here).  Short of an order to remove Sullivan, this is the most stinging possible rejection of the prior orders and conduct by the Court. I have a column in USA Today on the decision.

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Prosecutors Allege Political Influence At the Justice Department In Stone Case and Other Matters

US-DeptOfJustice-Seal_svgHouseofRepSealThe House Judiciary Committee will be holding a hearing today on the allegations of political interference with the handling of Justice Department cases, including the controversy over the sentencing recommendations in the prosecution of Roger Stone, a longtime friend and confidant to President Donald Trump.  As I said on NPR this morning, I think such hearings are important and legitimate efforts to answer such widespread concerns.  (The hearing is stacked with only one witness allowed in defense of the Administration but that is unfortunately a long-standing problem in Congress).  Even though I support the congressional inquiry, I continue to believe that the sentencing recommendation in Stone was excessive and unwarranted.  I admittedly have a bias as a long-standing criminal defense attorney but I criticized the original sentencing memorandum before any action was taken by Main Justice.  I have always maintained however that Stone was corrected convicted on some of these counts and warrants some jail time for his criminal conduct, including opposition to any presidential pardon.

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“Where’s The Police When You Need Them”: D.C. Delegate Asks The Right Question After Bizarre Incident Near White House

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NBC correspondent Andrea Mitchell and Delegate Eleanor Holmes Norton (D-D.C.) had a bizarre encounter yesterday when a man dressed only in a bra and panties rushed them near Black Lives Matter Square and the area claimed earlier as the “Black House Autonomous Zone.” Mitchell immediately asked “where’s the police” and Norton added “where’s the police when you need them?” It is a question that many of us have been asking D.C. officials for weeks as police have stood by and watched statues destroyed and defaced around the city.  This week, D.C. Chief of Police Peter Newsham stated that his department has made the “tactical decision” not to intervene as certain statues have been torn down in front of them. I have been highly critical of both this destruction and the failure of D.C. officials to act, including the iconic bust of George Washington on my own campus at George Washington University.

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NPR Retracts Report That Labelled Louisville Woman As “Right-Wing” Extremist In Fleeing Armed Protester

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Louisville Metro Police Department

NPR is being hammered this week for its reporting on right-wing extremists attacking peaceful protesters.  The news organization previously showed images of a female motorist who struck a protester on Wednesday as an example of “Right-wing extremists are turning cars into weapons.”  Despite the video released quickly by the police (and the fact that police found she was fleeing a protester with a gun and did not charge her),  the woman was described as part of a pattern of protesters being innocently mowed down.  These cases often raise difficult legal questions in torts on issues of defamation and false light (combining two of the favorite subjects of this blog: media and torts).

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George Washington Toppled At George Washington University

300px-George_Washington_University_seal.svgWe have been discussing the destruction of statues and public art in the recent protests, including a new column this morning. I have been highly critical of the defacing of our monuments and destruction of public art.  Now the destruction has reached my own campus.  The Hatchet reports that one of our iconic busts of George Washington was torn from its foundation on campus. It has not however been discussed by the University or attributed to protesters.

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Bolton’s Win Could Cost Him More Than Just Profits

John_R._BoltonOn Saturday, federal district court judge Royce Lamberth denied a motion to enjoin the release of former National Security Adviser John Bolton’s tell-all book in a 10-page order.  The book, titled “The Room Where it Happened,” is already in circulation with reporters literally standing outside of the courthouse reading from it.  As argued in the column before the decision, Lamberth rejected the injunction.  However, he lambasted Bolton for his failure to complete the classification review that he agreed to as part of his taking the position with President Donald Trump.  There are already possibly classified subjects being teased out of the book by the media.  Lamberth decried the fact that Bolton has “gambled with national security” and said that his actions “raise grave national security concerns” but “the damage is done.” Perhaps it is done for the release but the damage to Bolton may only be beginning. As Lamberth noted, he now faces civil and criminal liability, which are discussed in the column. 

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Scottish Man Convicted Of Calling Ex-Girlfriend’s Boyfriend A “Leprechaun”

170px-Leprechaun_ill_artlibre_jnlI have been a critic of the alarming criminalizing of speech in Great Britain through hate speech laws.  Such laws create an insatiable appetite for greater and greater speech regulation and create a sense of empowerment among citizens to silence those with whom they disagree.  Now, a Scottish man has been convicted of a message that was grossly offensive, indecent or menacing. According to the Evening Express, the prosecutor (appropriately named Susan Love) cited the fact that Terry Myers, 41, called the Irish boyfriend of his ex-girlfriend a “leprechaun.”

 

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The “Unkindest Cut Of All”: Florida Man To Go To Trial For Machete Attack With Facial Machete Tattoo

As a criminal defense attorney, I would consider Justin Arthur Allen Couch, 25, a bit of a challenge.  He will have to be tried on a machete attack with a large machete tattoo prominently featured on his face.

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Democrats Hit Bolton After He Accuses The House Of “Impeachment Malpractice”

John_R._Bolton440px-Adam_Schiff_115th_official_photoLast year, in columns and testimony, I chastised the Democrats for the shortest investigation on the narrowest grounds with the thinnest record of any presidential impeachment in history.  The insistence of impeaching by Christmas doomed any chances of a compelling impeachment case.  It appears now that one person agrees with that assessment: former National Security Adviser John Bolton.  I referenced Bolton and his upcoming book as one of the reason why a little more time could vastly improve and expand the House case.  Bolton said that he simply wanted a court to refer the privilege claim, which could have been accomplished easily in the time wasted by the House (including the long delay in sending the articles of impeachment to the Senate).  In response, the Democratic leadership is lashing out at Bolton for refusing to come forward despite his offer to do so after a federal judge heard the privilege claim.

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Police Arrest New York Man Who Randomly Attacked 92-Year-Old Woman

Screen Shot 2020-06-17 at 1.55.48 PMMost of us were horrified by the video of a man randomly striking a 92-year-old womanin New York City who fell and hit a fire hydrant.  The young man is seen casually looking back and just continuing. Police say that they have arrested Rashid Brimmage, 31, and he is no stranger to the criminal justice system.

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Bolton’s Bold Move Could Result in Loss Of His Profits Or His Freedom

John_R._BoltonFormer National Security Adviser John Bolton has pledged to release his new tell-all book, “The Room Where It Happened: A White House Memoir,” regardless of the lack of pre-publication approval from the Administration. This includes an ABC special this weekend to kick off his release. The move is extremely risky and the law is not on the side of Bolton who could conceivably not only lose his profits but his freedom over such a dispute.

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Res ipsa loquitur – The thing itself speaks