Category: Criminal law

Congress, Criminal law, Media, Politics

Rosenstein Slams McCabe, Obstruction Theories, and “1000 Former Prosecutors”

Screen Shot 2020-06-03 at 11.31.11 AMYesterday, we did our first live blogging on a hearing with former Deputy Attorney General Rod Rosenstein.  There was a lot of broken china after the hearing was over. Indeed, the most interesting aspect was that some of the greatest damage for the Democratic narrative occurred during ill-considered questions from Sen. Mazie Hirono (D., HI) who elicited a series of answers supporting the Trump Administration and the purpose of further hearings.  Rosenstein ultimately supported the need for further investigations into FBI misconduct, supported the Durham investigation, categorically dismissed claims that Trump committed obstruction of justice, and most importantly stated that he would not have signed off on the continued surveillance under the FISA for Carter Page if he knew the truth about claims of Russian collusion.  That was just a few of the highlights.  He also dismissed objections from former FBI Deputy Director Andrew McCabe and the “1000 prosecutors” who were so widely cited as claiming that there was clear criminal conduct by Trump.

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Columns, Constitutional Law, Criminal law

Declaring Antifa A Terrorist Organization Could Achieve Its Anti-Free Speech Agenda

Antifa_The_Anti-Fascist_HandbookBelow is my column in The Los Angeles Times on President Donald Trump’s declaration that Antifa would be designated as a terrorist organization. I have explained that such a designation would ordinarily be made for “foreign terrorist organizations” by the State Department.  It is also unnecessary. As I wrote recently, there is a case in New York that could be the perfect framing prosecution for treating rioting as domestic terrorism.

Ironically, Antifa is a vehemently anti-free speech organization and it could achieve that purpose if it is declared a terrorist organization.  Such a designation of the entire movement could prove highly damaging to free speech in this country.

Here is the column:

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Bizarre, Constitutional Law, Criminal law

“Joker” Case In Chicago Shows New Expansive Claim Of Federal Jurisdiction

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29190052-8385647-image-a-64_1591218701772In Chicago, a man wearing a Joker mask set fire to a police SUV in broad daylight. The problem is that Timothy O’Donnell has a prominent tattoo on his neck reading “Pretty.” That was one of the ways that police were able to identity him for arrest.  The case however highlights the expansive claim of federal jurisdiction being used by the Justice Department.

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Bizarre, Criminal law, Politics

“We Came To Riot”: Illinois Man Arrested With Cache of Explosives

Matthew-RupertYesterday I wrote about the curious effort by some in politics and the media to portray “Russians” or “White Supremacists” as driving the rioting in various cities.  The role of anarchists and Antifa members was obvious — and reinforced by arrests reported in various cities. This gold encrusted arrestee is Matthew Lee Rupert, 28, who was arrested in Chicago trying to pass out explosives — allegedly much like the two attorneys arrested in New York.   The evidence includes a videotape on which Rupert states “we came to riot.”

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Columns, Constitutional Law, Criminal law, Lawyering, Media, Politics

The Senate Should Focus On What The Flynn Transcripts Do Not Contain . . . Starting With A Crime

440px-Michael_T_FlynnBelow is my column in The Hill newspaper on the new disclosures in the prosecution of former National Security Adviser Michael Flynn.  Yesterday, the attorney hired by Judge Emmet Sullivan responded on his behalf to defend his controversial orders in the case to invite third parties to argue the merits of the motion to dismiss as well as raising his option to substitute his own criminal charge of perjury against Flynn.  The Justice Department responded with a 45-page filing to a three-judge appeals court panel.

The attention will now focus on the appearance tomorrow of former Deputy Attorney General Rod Rosenstein in the Senate.  For me, the most pertinent question is why this investigation continued past December and seemed to become to a search for a crime rather than the investigation of any crime or collusion with Russia.

Here is the column: Continue reading “The Senate Should Focus On What The Flynn Transcripts Do Not Contain . . . Starting With A Crime” →

Criminal law, Politics, Society

The Trump Administration May Have Its First Domestic Terrorism Case

download-1We have been discussed the arrests associated with two attacks on New York police officers using Molotov cocktails.  However, two radical young lawyers may have handed the Trump Administration the perfect case to frame as domestic terrorism in the wake of the controversy over President Donald Trump declaring that he would designate Antifa a terrorist organization.  I criticized such a designation as legally unfounded and constitutionally dangerous. However, as we discussed yesterday, Colinford Mattis, 32, and Urooj Rahman, 31, may have supplied an alternative avenue in using ample federal laws to prosecute attacks as domestic terrorism without the need of any formal designation.  The two defendants are expected to be released on bail today.

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Bizarre, Criminal law, Free Speech, Politics, Society

Minnesota City Council Member Declares Support For Antifa

Antifa_The_Anti-Fascist_HandbookWhile many have condemned Antifa and similar groups for destroying Minneapolis and other cities, Minneapolis city council member for Ward 5 (and son of the Minnesota Attorney General Keith Ellison) Jeremiah Ellison tweeted Sunday that he is not among them. Indeed, he is declaring his support for Antifa.  Some of us have long opposed Antifa as a vehemently anti-free speech group.  Ellison does not seem to include free speech among his priorities for voters in Ward 5.  While most Democratic members have correctly condemned Antifa attacks, Ellison is one of those who continue to support the controversial group.

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Criminal law, Lawyering

Two New York Attorneys Arrested For Throwing Molotov Cocktail At Police [Updated]

downloadYesterday we discussed the four arrests associated with two attacks on New York police officers using Molotov cocktails.  It is now being reported that one of the defendants arrested, Colinford Mattis, 32, is a furloughed Pryor Cashman associate.  Mattis is a graduate of New York University and Princeton University. He was reportedly arrested with a second attorney in the attack.  Mattis is accused of driving a van and passenger Urooj Rahman, 31, threw a Molotov cocktail. Rahman is reportedly a human rights lawyer but also recently lost her job. Update: The FBI now says that the two defendants sought to pass out Molotov cocktails.

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Criminal law, Society

Can A Divorce Shield The Assets Of Derek Chauvin From Civil Lawsuits? Not Necessarily.

200529-derek-chauvin-mug-inline-ac-947p_8d9dd7099ef74c31fea0f3779d824fb9.fit-720wKellie Chauvin, the wife of former Minneapolis police officer Derek Chauvin, has announced that she is filing for divorce after 10 years of marriage.  In her statement, she expresses sympathy for the family of George Floyd.  There is no evidence that this is a tactic to shield assets from the inevitable civil lawsuit against the estate of Chauvin.  However, it is a question that often comes up with clients that I dealt with on both civil and criminal cases.  When faced with potential of civil liability, some clients raise the possibility of shielding their assets by transferring them or seeking a divorce.  Such maneuvers often do not work for a variety of legal and practical reasons.

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Criminal law

The Shader Sisters: Two Women Arrested After Molotov Cocktail Is Thrown Into Van With Four Officers [Updated]

Two sisters have been arrested after a Molotov cocktail was thrown into a NYPD van with four officers inside. Samantha Shader, 27, of Catskill, NY, is charged with throwing the incendiary device, which did not explode.  Her sister, Darian, 21, (left) then allegedly tried to stop the arrest of Samantha Shader.  The police have hit Samantha Shader with a slew of major charges including attempted murder of a police officer, attempted arson, assault on a police officer, criminal possession of a weapon and reckless endangerment.  Her sister faces charges of resisting arrest and obstruction of governmental administration. (The Daily Mail has released these pictures from social media allegedly showing the two sisters).  Update: Media is reporting that Shader admitted to her attack on the police.  The police have released a picture of Shader throwing the Molotov cocktail.

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Academia, Criminal law

Professor: “Looting Is An Expression Of Power”

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Michael Smerconish had an interesting discussion today with Professor Cliffort Scott, Professor of Social Psychology at Keele University.  Scott believes that rioting should not be portrayed as random and without meaning.  I think that is true. There are deeper causes that should be considered when considering violent dimensions to some protests. While I find Professor Scott’s work on protests and “hooliganism” quite interesting, I do not agree with his assertion on the program that “looting is an expression of power.” It is more often a means of acquisition not expression (unless they are expressing their desire for a Nintendo Switch). In other words, it is a crime act that arises in a myriad of public emergencies that offer an opportunity to steal with less risk of detection or arrest.

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Congress, Criminal law, Justice, Lawyering, Politics

DOJ Closes Three Insider Trading Investigations Of U.S. Senators

US-DeptOfJustice-Seal_svgsenate_large_sealWe previously discussed the insider trading allegations against Senators Richard Burr (R., N.C.) Dianne Feinstein (D., Cal.), James Inhofe (R., Okla.), and Kelly Loeffler (R., Ga.) over the selling of stocks after briefings early in the pandemic.  As I stated earlier, I am highly skeptical of such cases as a criminal defense attorney as viable due to the difficulty in both the elements and the proof needed for such a charge.  Yesterday, the Justice Department dropped three of the four investigations. Only Burr remains under investigation.

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Bizarre, Constitutional Law, Criminal law, Free Speech, Society

Executive Loses Job and Dog After Tirade Against African American Bird Watcher [Updated]
download-4We have long discussed the difficult questions raised by private and public employers punishing employees for postings on social media or controversies in their private lives.  When employers are identified in the media, controversial statements or conduct can have an obvious backlash against the them, particularly if there is an allegation of racist or discriminatory views.  For free speech advocates, this can raise a type of “Little Brother” problem but the First Amendment is focused on state, not private action. This ongoing debate over where to draw the line on private speech has a new controversy with the release of a truly shocking videotape of a woman, identified as Amy Cooper calling police on an African American bird watcher in Central Park. Her employer Franklin Templeton has put her on administrative leave while reviewing the incident.  She is reportedly the head of insurance investment solutions at Franklin Templeton.  Others have called for animal abuse charges to be filed as Cooper was shown yanking around her hapless dog during her tirade. The dog was surrendered to a local shelter for its protection. Update: Amy Cooper was fired shortly after she was put on administrative leave.
Bizarre, Criminal law

Florida Man Charged with Kidnapping . . . For A Lift To The Keys

Alexander Michael Sardinas, 37, has been charged with kidnapping and false imprisonment. (Monroe County Sheriff's Office)We have been discussing curious criminal charges linked to the pandemic but few are quite as bizarre as the charges facing Alexander Michael Sardinas, 37  Sardinas has been charged with kidnapping and false imprisonment. The reason for the alleged crimes is the truly bizarre element.

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Res ipsa loquitur – The thing itself speaks