Category: Criminal law

Chopped: How Seattle Is Defining Leadership In Seattle And Washington

Jenny_Durkandonald_trump_president-elect_portrait_croppedBelow is my column in the Hill on the controversy over the creation of the Capitol Hill Autonomous Zone, better known as Chaz.  Well, it was Chaz. “The autonomous zone formerly known as CHAZ” is now the Capitol Hill Occupied Protest (CHOP). As W.C. Fields said “It ain’t what they call you, it’s what you answer to.” The problem is that Chief Best said no one is answering their calls.  Chief Carmen Best stated today that the name had apparently changed but that they have yet to identify people who will speak for CHAZ or CHOP. She also noted that there appears to be widely different demands. That presents a serious barrier to a resolution.

RIP CHAZ. All Hail CHOP, but the question of leadership remains.  Here is the column:

Continue reading “Chopped: How Seattle Is Defining Leadership In Seattle And Washington”

Rhode Island Social Science Teacher Arrested For Vandalizing Columbus Statue

Derrick-Garforth-Defaced-Columbus-Statue-640x480

For many of us, the spasm of vandalism of public art and history has been painful to watch as mobs destroy a vast array of statues around the world, including such bizarre anti-racism vandalism like defacing Abraham Lincoln’s statue in London.  The arrest of Derrick Garforth in Rhode Island is particularly disturbing after he allegedly vandalized a statue of Columbus. Garforth is a social science teacher in Middle School who teaches history but sought to destroy a historical monument. It is a powerful lesson for his students but not one that you would expect from a history or social science teacher.

Continue reading “Rhode Island Social Science Teacher Arrested For Vandalizing Columbus Statue”

“We Mean Literally Abolish The Police”: Activists Reject Spin On Movement’s Call To Defund The Police

SansculottesThe New York Times has run an opinion column by Mariame Kaba denouncing efforts by Democratic leaders and the media to try to spin the call for defunding the police as just a reallocation of funds and a new set of priorities and a new structure for policing.  Kaba wrote “Yes, we mean literally abolish the police.”  That opinion piece follows a warning by Rep. Alexandria Ocasio-Cortez, D-N.Y., that Democrats and others trying to “repackage” the push to “Defund the Police”   Notably, while the New York Times apologized for publishing an opinion piece by a ranking U.S. Senator on the use of federal troops to quell rioting, it has now problem with publishing a column calling for the abolishment of police.  As discussed earlier, this is a movement that is moving rapidly to the left and repackaging is now considered counter-revolutionary.

Continue reading ““We Mean Literally Abolish The Police”: Activists Reject Spin On Movement’s Call To Defund The Police”

Tacoma Woman Arrested For Arson At Protest After Police Recognize Tattoos

Mugshot-Split-JUSTICE-DeptWe recently discussed the “Joker” case in Chicago where Timothy O’Donnell was arrested for arson after his tattoos were identified by police after he burned a police vehicle.  Now, a Tacoma woman, Margaret Aislinn Channon, 25, has been arrested for burning five vehicles in part due to her equally recognizable ink. There is one other similarity.  They are both not only charged with arson, but charged in federal court.  I continue to be uneasy over the broad federal jurisdictional claims underlying charges that traditionally are matters for state and local prosecutors.

Continue reading “Tacoma Woman Arrested For Arson At Protest After Police Recognize Tattoos”

Bowser’s Historical Revision: Before Lafayette Park, There Was Pershing Park

Muriel_Bowser_official_photoBelow is my column in The Hill newspaper on Mayor Muriel Bowser’s unquestioned statements about how she is shocked by the federal actions against peaceful demonstrators.  Bowser told CNN’s Cooper “I think I’ve been shocked all week about how the federal government behaved against American citizens.” For some of us, the statement came across as a Claude Rains moment of being “shocked, shocked” that protesters are being silenced in D.C. She (and CNN) ignored the actions of her Chief of Police and her dismissal of objections of civil libertarians to Newsham’s appointment.  Now, that was truly shocking.

Here is the column

Continue reading “Bowser’s Historical Revision: Before Lafayette Park, There Was Pershing Park”

“Trumped-Up”: Former Judge’s Filing Is An Example Of “Irregularity” In The Age Of Rage

John_Gleeson

Retired federal judge John Gleeson was recently appointed by U.S. District Judge Emmet Sullivan to argue against dismissal of the case against former National Security Adviser Michael Flynn and to advise him on whether the court should substitute its own charge of charge for Flynn for now claiming innocence.  I have been highly critical of Sullivan’s orders and particularly the importation of third parties to make arguments that neither party supports in a criminal case. Now Gleeson has filed a brief that confirms the worst fears that many of us had about his appointment.  Gleeson assails what he called  “a trumped-up accusation of government misconduct.” The ultimate position advocated in Gleeson’s arguments would be a nightmare for criminal defendants, criminal defense counsel and civil libertarians.  Indeed, as discussed below, Gleeson was previously reversed as a judge for usurping the authority of prosecutors.

Gleeson actually makes the Red Queen in “Alice in Wonderland” look like an ACLU lawyer. After all she just called for “Sentence First–Verdict Afterward”  Gleeson is dispensing with any need for verdict on perjury, just the sentence. However, since these arguments are viewed as inimical to the Trump Administration, many seem blind to the chilling implications.

Continue reading ““Trumped-Up”: Former Judge’s Filing Is An Example Of “Irregularity” In The Age Of Rage”

Trump Tweets Attack On Gugino As Possible “ANTIFA Provocateur”

Screen Shot 2020-06-09 at 1.00.06 PMPresident Donald Trump tweeted another inflammatory and reckless tweet in suggesting that man injured in the controversial Buffalo police abuse case, Martin Gugino, 75, might be an “Antifa provocateur.”  I previously discussed the case from a legal standpoint on the difficulty of proving assault in the second degree.  However, it is highly inappropriate for a president to be spreading such claims on a case pending trial and without confirmation.  We have discussed the loosely defined groups associated with Antifa but I have not seen proof that Gugino is one of those groups.  The tweet is particularly distasteful given that Gugino remains in critical condition.

Continue reading “Trump Tweets Attack On Gugino As Possible “ANTIFA Provocateur””

Revolution Redux? How A Movement For Reform Is Becoming A Platform For Radicalism

Anonymous_-_Prise_de_la_BastilleBelow is an updated version of my column in The Hill newspaper on how the discussion of reforms following the killing of George Floyd has been increasingly overtaken by the most radical elements in politics and commentary.  The atmosphere is strikingly similar for those familiar with history and specifically the course of the French Revolution. That image of reformists becoming reactionaries was particularly evident in New York Mayor Bill de Blasio being booed by a crowd calling for his resignation and the same response to Minneapolis Mayor Jacob Frey when he refused to commit to defunding and dismantling the police department.  In Washington,  Mayor Muriel Bowser ordered the square near the White House to be named “Black Lives Matter” Square with giant letters painted on the street.  BLM however denounced it as a meaningless stunt and activists added ‘Defund the Police.”  Bowser refused to answer multiple questions on whether she would remove the added words. To do so is to risk a scene like the ones in Minneapolis and New York.

As writers, editors, and politicians yield to extreme measures, they might want to consider the fate of those who sought to ride the radical wave of the French Revolution.

Here is the column: Continue reading “Revolution Redux? How A Movement For Reform Is Becoming A Platform For Radicalism”

“Gasoline is Awfully Cheap”: Police Action Against “Ace Burns” Raises Free Speech Concerns

29317520-8395887-image-m-9_1591508200764

We have often discussed how advocating for free speech often places us in troubling company.  Those who are targeted for arrest are often the loudest and most obnoxious among us.  Ace Burns is one of those people.  Burns, 34, whose real name is Israel Burns,, is the self-proclaimed leader of the “FTP movement (which he defined in various ways including “Fire To Property”). Burns was taken into the police station after alluding to the possibility that the Diamond District in New York would be burned to the ground.  It is a prototypical violent speech cases and, as many on this blog will not be surprised to read, I believe it raises a serious concern for free speech.

Continue reading ““Gasoline is Awfully Cheap”: Police Action Against “Ace Burns” Raises Free Speech Concerns”

“This Son of York”: Federal Prosecutors Demand To Speak To Prince Andrew In Epstein Investigation

IMAGE: Prince Andrew, Virginia Giuffre and Ghislaine MaxwellIn a surprise move, the United States Attorneys Office in New York has invoked the Mutual Legal Assistance Treaty, or MLAT, to demand an interview with Prince Andrew, Duke of York, in relation to the investigation of Jeffrey Epstein’s history of sexual abuse. While Prince Andrew pledged to cooperate in every way, U.S. Attorney Geoffrey Berman insisted that he has not assisted in any way with the investigation.  The use of the MLAT to subpoena the testimony of a Royal family member is nothing short of breathtaking as a development. The assumption was that any real criminal inquiry died with Epstein. That is clearly not the case.

Continue reading ““This Son of York”: Federal Prosecutors Demand To Speak To Prince Andrew In Epstein Investigation”

Minneapolis City Council Vows To Dismantle The Police Department [Updated]

download-4My last column explored how the movement for reform after the death of George Floyd is being taken over by the most radical voices among politicians, activists, and commentators. The analogy to the French Revolution seems more and more apt by the hour.  Last night, a veto proof majority on the Minneapolis City Counsel vowed to dismantle the Minneapolis Police Department as a “toxic” institution. What was dismissed by many in the media as simply rhetorical is now the official position of the city council of a major city with other such demands being made across the country.

Continue reading “Minneapolis City Council Vows To Dismantle The Police Department [Updated]”

Arrest Of Anti-Trump Protester In Georgia Raises Free Speech Concerns

download-2I have been writing about concerns over the current protests are impacting free speech and free press values.  Those concerns are equally present in the arrest in Valdosta, Georgia a young woman protesting with a sign containing obscene language.  Particularly at a time of legitimate anger and demands for reform after the killing of George Floyd, such arrests contravene core political speech by treating the content of the message as a matter of “disorderly conduct.”

Continue reading “Arrest Of Anti-Trump Protester In Georgia Raises Free Speech Concerns”

Are The Criminal Charges Against The Buffalo Police Officers Excessive?

Buffalo-Cops-AP

Buffalo police officers Robert McCabe and Aaron Torgalski has now been charged with second degree assault over an injury to a protester.  The criminal charges and the call from Gov. Andrew Cuomo for them to be fired has triggered a mass resignation of the Buffalo Emergency Response Team.  While Cuomo viewed the evidence as so clear to justify immediate termination, the two officers have a strong criminal defense under the statute.  The officers are shown pushing back activist Martin Gugino, 75, who fell back and hit his head, suffering a very serious injury.  The charge is second-degree assault.  The video that prompted Cuomo’s call for termination is likely to be the strongest evidence for the defense, which will argue that there was no excess force used in the incident.  A contrast can be drawn to the videotape of George Floyd were the excessive force is shockingly clear, as in this video. and this video as examples. There have been many other videos played at these protests that do strike me as excessive force against protesters, including the inexcusable attack on Australian journalists in Lafayette Park as well as others. There is no question that there is a serious injury in this case and there are allegations that the officers were not sufficiently responsive to the injury, the key to such prosecutions as the one in New York will be establishing the intent element.

Continue reading “Are The Criminal Charges Against The Buffalo Police Officers Excessive?”

Two Attorneys Accused In Molotov Cocktail Attacks Are Back In Jail

We have been discussing the case of attorneys Colinford Mattis and Urooj Rahman, who are accused of throwing a Molotov cocktail into an occupied police vehicle in New York. The case could prove an early opportunity for the Trump Administration to reframe prosecutions as domestic terrorism.  Earlier, some of us were surprised that U.S. District Judge Margo Brodie upheld the $250,000 bail determination of U.S. Magistrate Judge Steven Gold.  Prosecutors presented evidence that they two attorneys were trying to distribute Molotov cocktails and suggested that Mattis did not appear rational.  Now, the United States Court of Appeals for the Second Circuit has reversed Judge Brodie and the two attorneys are back in jail.

Continue reading “Two Attorneys Accused In Molotov Cocktail Attacks Are Back In Jail”

Devouring Its Own: How Many On The Left Fostered The Violent Movement Now Rioting Across The Country

Antifa_The_Anti-Fascist_HandbookBelow is my column in The Hill newspaper on the role of familiar groups like Antifa in the violence following the death of George Floyd.  Attorney General Bill Barr acknowledged yesterday that there is a “witches’ brew” of groups fostering violations, including an anarchist group from the right. The anarchists on the left or right are opportunists who will strike at any time of unrest to seek the breakdown of order. While the number of Antifa arrests have been challenged as exaggerated, police are reporting a number of Antifa, radical left, and anarchist members arrested in various states. (here and here and here and here and here) These are groups that are all too familiar to some of us on college and university campus.  While I have opposed efforts to declare Antifa a terrorist organization, the role of all of these groups in the recent violence should be a cautionary tale for academics and politicians alike in the tolerance shown for such anti-free speech movements.  Many leaders and academics have denounced such groups on the right (some of which are also active in these riots), but notably have been more muted in condemning anti-fascist and left-anarchist groups.

Here is the column:

Continue reading “Devouring Its Own: How Many On The Left Fostered The Violent Movement Now Rioting Across The Country”

Res ipsa loquitur – The thing itself speaks