Category: Criminal law

Constitutional Law, Criminal law, Lawyering, Media, Society

Did The Mueller Team Violate Brady and Flynn Orders?

With the release of the new material from the case of Michael Flynn, an array of experts came forward to assure the public that it was all standard procedure for investigators to conclude that there was no criminal conduct uncovered and then prosecutors creating a crime (including the use of a clearly unconstitutional law never used to convict anyone since the start of the Republic). Many of these same experts who have been espousing untethered (and ultimately rejected) theories for criminal and impeachment charges for years. Yet, what was most striking is how many also rejected any claim that the undisclosed evidence, at a minimum, violated Brady, the case requiring the government to turn over exculpatory information. Indeed, Ben Wittes, a staunch defender of James Comey, assured readers “while you might not know much about federal law enforcement,” this is all “standard practices.” In fact, this is a clear and flagrant violation of the both Brady and the orders of Judge Emmet Sullivan. The fact that such violations are also dismissed by mainstream media and experts reflects how rage has distorted legal analysis in this Administration.

Continue reading “Did The Mueller Team Violate Brady and Flynn Orders?” →

Bizarre, Criminal law

Going Viral: California Man Arrested Three Times in 12 Hours But Repeatedly Released Due To Zero-Bail Policy

There are have been various accounts of criminals who were released due to the pandemic only to quickly commit serious criminal acts. However, few have gone as viral as Dijon Landrum, 24.  Landrum succeeded in being arrested three times over the course of 12 hours but still walked each time with just a citation for three felonies due to California’s zero-bail policy during the outbreak. Continue reading “Going Viral: California Man Arrested Three Times in 12 Hours But Repeatedly Released Due To Zero-Bail Policy” →

Criminal law, Free Speech, International, Media, Uncategorized

“Prison Doesn’t Kill, Loneliness Does”: Filmmaker Dies In Prison For Video Mocking Egyptian President Al Sisi

Screen Shot 2020-05-04 at 7.33.18 AMAs the United States has continued to give the regime billions and President Abdel Fattah Al Sisi has been showered with praise from President Donald Trump, the Egyptian regime continues to wipe out free of speech, the free press, and other civil liberties.  The latest outrage is the death of Egyptian filmmaker Shady Habash, 24, who was incarcerated for two years without trial for a music video entitled “Balaha” mocking Sisi.  The American people has supported this lethally insecure authoritarian leader and a regime at war with the very founding principles of this country.  In a letter published by his supporters, Habash wrote “Prison doesn’t kill, loneliness does.”

Continue reading ““Prison Doesn’t Kill, Loneliness Does”: Filmmaker Dies In Prison For Video Mocking Egyptian President Al Sisi” →

Columns, Constitutional Law, Courts, Criminal law

The Flynn Case Should Be Dismissed In The Name Of Justice

440px-Michael_T_FlynnBelow is my column in The Hill newspaper on the new evidence released in the case of Michael Flynn.  As I said two years ago, it is unlikely the Judge Emmet Sullivan will dismiss this case regardless of such abuses, but he should.  As we discussed, there has been a concerted effort by media and legal experts to shrug away these highly disturbing documents by saying that such abuses happen all the time.  Journalist Ben Wittes, one of James Comey’s most vocal defenders, went even seemed to make such abuse of Flynn into a victory for racial justice:

“If you’re outraged by the FBI’s tactics with Flynn, keep in mind that they do these things every day against drug dealers, gang members, and terrorists. Except those people are black, Hispanic, and Middle Eastern—not “lock ‘er up” lily white.”

Many of us have spent our careers fighting such abuses for people who are not “lily white.”  That does not excuse abuses of people There was a time when MSNBC, CNN, the Washington Post and other outlets were voices against such prosecutorial abuse. However, in this age of rage, even this record is dismissed as “routine” to avoid undermining a crushingly consistent narrative that the Russian investigation was based on real crimes, albeit collateral crimes.  The “nothing to see here” coverage sacrifices both legal and journalistic values to to maintain a transparently biased narrative.

Here is the column: Continue reading “The Flynn Case Should Be Dismissed In The Name Of Justice” →

Criminal law, Justice, Media, Politics

New Documents Show Strzok Countermanded Closure Of Flynn Case For Lack Of Crime

peter-strzok-and-lisa-pageYesterday, I discussed the release of new FBI documents in a column and on the blog.  Much of the discussion yesterday concerned the disclosure of documents showing FBI officials debating how they could trap Flynn in a crime.  They focused on the Logan Act, a flagrantly unconstitutional law that has never been used to convict a single U.S. citizen.  These documents do not show prosecutors finding a way to arrest someone suspecting of a crime. They show prosecutors trying to create a crime.  However, there is also other evidence that is equally troubling over the role of one of the most controversial figures in the Russian investigation, fired former Special Agent Peter Strzok.  It now seems that it was Strzok who reached out to stop investigators from closing the Flynn case for lack of a crime. He then manufactured a crime. The response of media and legal experts to excuse this thuggish and abusive record is nothing short of breathtaking.

Continue reading “New Documents Show Strzok Countermanded Closure Of Flynn Case For Lack Of Crime” →

Constitutional Law, Courts, Criminal law, Justice, Lawyering, Media, Politics

“Far More Troubling”: Flynn Document Release Could Foreshadow Blockbuster Report

440px-Michael_T_FlynnLast night, many of us were digesting the highly disturbing documents released in the case of former National Security Adviser Michael Flynn.  As I discussed this morning in a Hill column, the documents reveal an effort to entrap Flynn, including the use of a blatantly unconstitutional statute to achieve that “goal.” However, there appears far more than has not been released, according to various sources.  The release of the Flynn documents highlight what  Attorney General William Barr said on “The Ingraham Angle” on April 10th and stated that “far more troubling” material will be released as a result of the investigation of U.S. Attorney John Durham. I believe it is a mistake for Barr to give such foreshadowing interviews before the release of the Durham report. While I agree with Barr ordering these reviews (and his view of the evidence so far), these interviews only undermine the credibility and that of the eventual report. (For full disclosure, I testified in favor of Barr’s confirmation before the Senate Judiciary Committee).  Putting that aside, the evidence strongly supports Barr’s effort to force the disclosure of material that has been buried despite the claims of full investigations by Congress and the Inspector General.  Bizarrely, the media and many liberal commentators are struggling to ignore these troubling disclosures and the obvious abuses that they reflect within the Justice Department.

Continue reading ““Far More Troubling”: Flynn Document Release Could Foreshadow Blockbuster Report” →

Criminal law, Free Speech, Lawyering, Media, Politics

Lawyer’s Social Media Comments Triggers Free Speech Fight In Kentucky

Unknown-1There is a free speech controversy brewing in Louisville, Kentucky where a lawyer is facing criminal charges for allegedly threatening Kentucky governor Any Beshear. James Gregory Troutman, 53, made uniquely stupid and disturbing statements opposing Beshear’s lockdown. However, the comments could easily be understood as hyperbolic and hateful but not actually threatening.  For the free speech community, these terroristic threat laws are written so broadly that they threaten political speech.  This could well be such a case where stupidity is being treated as criminality. Continue reading “Lawyer’s Social Media Comments Triggers Free Speech Fight In Kentucky” →

Constitutional Law, Criminal law, Politics, Society

Some Washington State Sheriffs Begin Refusing To Enforce Gov. Inslee’s Lockdown Orders

By Darren Smith, Weekend Contributor

To date, three county sheriffs in Washington State broke ranks and announced they will not enforce some of Governor Inslee’s executive orders relating to his several, and increasingly frequent lockdown orders–proclaimed under the auspices of state of emergency declarations to the COVID-19 situation. The dominant subject of dissent among these law enforcement officials centers around what are regarded as unconstitutional intrusions by the governor enacted against the citizens of their respective counties and the inconsistency of regulations applied unequally by the state.

It is my belief that unless a strong reversal of Governor Inslee’s resolve to remain steadfast in his prosecution of ordinary Washingtonians is not fielded soon, the “insubordination” as he claims will only grow and serve to weaken his position, adding spark to a movement against him and his office if it continues in its present form for months.

The time has come for the governor to put his ego aside. For if he chooses to adversarily engage these sheriffs and others who will come to join them he will lose in the courts of public opinion of these various counties.

Continue reading “Some Washington State Sheriffs Begin Refusing To Enforce Gov. Inslee’s Lockdown Orders” →

Columns, Constitutional Law, Criminal law, Media, Politics

No, President Trump Is Not Criminally Liable For His Response To The Pandemic


Below is my column  in The Hill on the growing calls for criminal charges against President Donald Trump. This follows an all-too-familiar pattern in the use of the criminal code as an extension of politics.

Here is the column:

Continue reading “No, President Trump Is Not Criminally Liable For His Response To The Pandemic” →

Bizarre, Criminal law

“We Need A Miracle”: Jim Bakker Needs Money After Government Shutdown Of His “Silver Solution” To Coronavirus

After getting out of jail for fraud, televangelist Jim Bakker wasted no time in using religion to peddle a variety of dubious products and claims. We previously discussed his selling Trump coins as a direct contact with God and Doomsday pancake mix. Now he has got himself in hot water with a purported cure for COVID-19 called his “Silver Solution” which I referenced in a recent column.  Now, as we discussed, the government has pursued Bakker, including Missouri suing the televangelist last month and New York’s attorney general sending a cease and desist letter. So Bakker has found himself in “a situation” where he is telling his followers to send him checks rather than use credit cards.  He is calling on the faithful to keep him out of bankruptcy. Continue reading ““We Need A Miracle”: Jim Bakker Needs Money After Government Shutdown Of His “Silver Solution” To Coronavirus” →

Bizarre, Criminal law

Convicted Murderer Dies Of Coronavirus After Opting To Stay In Prison Until September

This 2018 photo made available by the Michigan Department of Corrections shows William Garrison. Garrison, who declined to be paroled earlier in 2020 after decades behind bars, died on Monday, April 13, 2020 from COVID-19 complications, officials said. (MDOC via AP)

The Michigan Department of Corrections this week disclosed another death of an inmate from the coronavirus but this case had a curious twist.  William Garrison died weeks before his parole.  What is most remarkable is the Garrison had the choice to leave prison in January with parole but elected the option to stay in prison until September to be released without parole.  As a criminal defense attorney, I have rarely heard of an inmate electing the longer incarceration option. In this case, it likely cost him his life.  Had he opted for parole, he would not have been exposed to the virus in prison.

Continue reading “Convicted Murderer Dies Of Coronavirus After Opting To Stay In Prison Until September” →

Constitutional Law, Criminal law, Politics, Uncategorized

Federal Judge Dismisses Stone Motion … and Premise Of An Unbiased Jury

ajacksonIn the crush of news this week, one story was a bit buried. U.S. District Court Judge Amy Berman Jackson has denied former Donald Trump adviser Roger Stone’s motion for a new trial. It was an expected ruling but one that eviscerates the notion of an unbiased jury.  I previously discussed the issue of the bias of the head juror and the need for a new trial.  What is interesting is that Jackson does not seriously question her political bias but effectively gives a shrug and says “go to jail anyway.”

Continue reading “Federal Judge Dismisses Stone Motion … and Premise Of An Unbiased Jury” →

Bizarre, Criminal law, Society

Some People Take Enormous Exception To The 5G Cell Service Roll-out.

By Darren Smith, Weekend Contributor

For many of us who hold on to old technology until the bitter end, issues such as the obligatory upgrade to a newer generation of cell phone technology brings irritation. But for a few in The Netherlands, it seems burning down cell towers is the retort of choice.

De Telegraaf reports that antenna systems in Liessel, Beesd, Rotterdam and Nuenen had their cabling set alight in what is believed nearly certainly to be arson. One of the control boxes at a cell site had “F*** 5G” spray painted, not the usual result of an arc-flash I would venture to say.

Some of the motivation for the dissent leading to these types of arson stems from the belief that the 5G system as utilized by telecoms curtails privacy and that the propagation of electromagnetic radiation transmissions could have health consequences. There are legitimate arguments to these positions, but there is wide variation in the perceived scope and danger they might actually present. Despite this, there remain always a few who so self-righteously bind themselves to causes célèbres they think very little of the actual damage such acts cause others.

Continue reading “Some People Take Enormous Exception To The 5G Cell Service Roll-out.” →
Bizarre, Criminal law

Ohio Man Arrested For Pulling Gun On Easter Bunny

One Ohio man has a curious way of celebrating Easter. The unnamed 49-year-old man was arrested after pointing a gun at the Easter Bunny in Middlebourne, Ohio. Police later found a .22-caliber handgun and an open 12-pack of beer in truck. It is a good thing, as my kids remind me every year, that the Easter Bunny does not impose a moral test like Santa. Both naughty and nice benefit equally from the Bunny, though there could be a little use proviso on the pulling of guns on the righteous rabbit.

Continue reading “Ohio Man Arrested For Pulling Gun On Easter Bunny” →
Bizarre, Criminal law

Illinois Homeowner Kills One Burglar and Tackles Another In Latest Pandemic Crime
Mugshot for Bradley Finnan, 39, of Chatanooga, Tenn.

I am in Chicago to assist with my 92-year-old mother who is in failing health. Much of the local news is about an outrageous crime where two armed robbers wore medical masks and gloves to break into a home. With people suffering in this crisis, these two individuals saw a criminal opportunity rather than human empathy. The problem is that they picked the wrong house. Not only was the crime captured on Ring, but the homeowner in Arlington Heights fatally shot Larry Brodacz, 58, and chased down, Bradley Finnan, 39.

Continue reading “Illinois Homeowner Kills One Burglar and Tackles Another In Latest Pandemic Crime” →