Category: Criminal law

Did Mueller Withhold Evidence From Michael Flynn?

440px-Michael_T_FlynnThe court order for Special Counsel Robert Mueller to share exculpatory evidence with former National Security Adviser Michael Flynn has raised intriguing questions about whether evidence might have been withheld from Flynn before his plea deal.  As I stated on air, I do not believe that the issuance of this order by Judge Sullivan should be assumed as evidence of any second thoughts by Flynn. As I state in my column below in The Hill newspaper, I do not see a real option for Flynn in trying to undo his plea deal. However, the disclosure of the evidence could raise questions for Flynn.

Here is the column: Continue reading “Did Mueller Withhold Evidence From Michael Flynn?”

Missouri Governor Charged With Felony Invasion of Privacy In Bizarre Affair

1519343017060Missouri Gov. Eric Greitens is now the state’s chief executive and its most famous accused felon.  On Thursday, the Republican governor was indicted for  felony invasion of privacy in a truly bizarre affair from 2015. Greitens, 43, is accused of involuntarily restraining a woman in an affair and taking pictures of her naked as leverage over her.  The indictment occurs when nude pictures are also being raised in Nashville as possible evidence against the Mayor Megan Barry, who is also embroiled in a scandal over an affair.

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Mueller Files New Manafort Charges As Investigators Look Into Alleged Quid Pro Quo Deal Of $16 Million Loan

440px-Director_Robert_S._Mueller-_III-1Paul Manafort has been something of a target rich environment for Special Counsel Robert Mueller who has piled on an assortment of charges for financial and fraud crimes.  The charges were not much of a surprise for many of us in Washington where Manafort has long held a reputation for dubious clients and practices.  Indeed, as discussed before, it is astonishing that Donald Trump selected Manafort to head his campaign when minimal vetting would have revealed his controversial history and clients.  Now Mueller has now filed greatly expanded charges against Manafort and Gates.  There is a new allegation of mortgage fraud but one recently disclosed inquiry could present an even more serious issue for Manafort and the Administration.  All of the past charges have been unrelated to election or the campaign.  The new allegation is no exception, but it does involve the Administration in Manafort allegedly securing a $16 million loan in exchange for an appointment of the banker to a prestigious Administration position.  Mueller is reportedly seeking information on the appointment of Stephen Calk to Trump’s council of economic advisers in August 2016. He is the president of Federal Savings Bank and gave Manafort the over-sized loan. As discussed in my most recent column, this is why I have been arguing the financial allegations are more important to watch than the collusion allegations.

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Even Without Collusion, Serious Threats Remain For Trump In The Russian Investigation

440px-Director_Robert_S._Mueller-_III-1donald_trump_president-elect_portrait_croppedBelow is my column in USA Today looking at the array of threats still present for the Trump White House even if collusion fades as part of the Russian investigation.  There still could be evidence discovered or disclosed on collusion. However, after multiple indictments, pleas, and a year of investigation, we have not yet seen any credible criminal allegations linked to collusion.  As many on the blog know, I have long been skeptical about the real likelihood of a criminal case based on collusion or obstruction against President Donald Trump. However, even if collusion does recede as a threat, there remain significant areas of risk for the President.

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Durham District Attorney Dismisses All Charges Against Defendants Who Destroyed Statue In Public, Premeditated Act

cfakepathmugshots212_20170816_180608-e1502929057745We recently discussed the decision of Durham District Attorney Roger Echols to drop felony charges against protesters who destroyed a civil war monument in a premeditated and videotaped crime.  The popularity of the crime was obvious as voters rallied around the accused — support that some have alleged pressured Echols to reduce the charges to mere misdemeanors.  That reduction however was still criticized by the defendants and their supporters. Now, after an unfavorable ruling by a court, Echols has dropped all charges against defendants who not just committed criminal acts on camera but proudly proclaimed their guilt.  It is hard not to view the outcome as an example of popular crimes enjoying a level of immunity.

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Mueller Charges New Defendant: Alex Van Der Zwaan

440px-Director_Robert_S._Mueller-_III-1Special Counsel Robert Mueller has charged Dutch lawyer Alex Van Der Zwaan.  The charge however is another false statement indictment and is not tied to Russian collusion. Rather Van Der Zwaan was interviewed in rather to dealing concerning Ukraine’s Ministry of Justice in 2012.  The expected guilty plea certainly adds to the prosecution cases but remains far removed from the Trump campaign. It is more likely related to the Paul Manafort prosecution.

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British Woman Leaves “Vile” Note On Ambulance . . . Police Arrest Woman For Public Disorder

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We have repeatedly discussed how Great Britain has been in a free fall from the criminalization of speech to the expansion of the surveillance state.  The alarming rollback on free speech rights in the West, particularly striking in England ( here and here and here and here and here and here and here and here and here and here).  Now, a new case shows how ambiguous laws are being used to criminalize conduct that was once viewed as simply rude or obnoxious.  A woman has been arrested for leaving a furious note on an ambulance of the West Midlands Ambulance Service for parking in a reserved space during an emergency call.  The note is disgraceful, but the arrest shows how England has plunged head-long into the waters of speech criminalization and regulation.

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Olympic Intrigue: Officials Investigating Whether Russian Was Sabotaged With Doping Drug

Meldonium.svgThis could be a case for Angela Lansbury  on Meldonium, She Wrote.  There has been considerable coverage of Aleksandr Krushelnitckii, a bronze medalist in mixed doubles  curling (with his wife), who tested positive for a doping drug.  Many of us immediately wondered why a curler would need to dope.  The sport is not viewed as the most intensive physical challenge.  Yet, after the comprehensive cheating by Russia (leading to the banning of their flag and identifications at these games), the doping allegations seemed all-too-believable for many. Now, however, officials are looking at the possibility of sabotage.

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Where Is Mueller?

 

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For a year, we have debated the foundation for criminal allegations against President Donald Trump and others in the continuing investigation of Special Counsel Robert Mueller.  Mueller has indicted individuals for crimes far removed from the Trump campaign, but has remained silent after the singing of the national anthem (I think it was the national anthem) by Fergie at the All-Star NBA game.

 

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Russian Indictments Are Long On Chicanery and Short On Collusion

fa0f116753ca535f6304144908b8b67e--russian-posters-propaganda-artBelow is my column in The Hill newspaper on the implications of the Special Counsel indictment of 13 Russians and the express statements of the Special Counsel and the Deputy Attorney General that there is no evidence of any American knowingly working with these Russians.  This indictment addresses the core of Russian hacking and misinformation campaigns by the Russian government.  The admission of no evidence of collusion is notable and significant. As I mentioned in the column, that does not mean that the investigation will not go forward, including pursuit of any collusion between the Russian and the Trump campaign. However, after a year and multiple pleas, none of the indictments have established the alleged nexus between the Trump campaign and the Russians.

There still remain a number of potential threats for the White House from new collusion evidence to financial-related crimes to new allegations stemming from the alleged payoff of former lovers.  However, while Rep. Adam Schiff is still insisting that there is ample evidence of collusion and obstruction, the core (and original) allegation against Trump has moved little in terms of real evidence (at least evidence made public).  Moreover, the evidence of the Russian campaign shows that it began in 2014 before Trump ran for president.  It seemed to target the presumed victor: Hillary Clinton. However, when Trump ran, it targeted Trump.  Both anti-Clinton and anti-Trump rallies were ultimately organized by the Russians to spread division. It was a curious effort since the country was already quite divided and the Russian-led protests paled in comparison to the massive anti-Trump rallies like the Women’s March or the continual protests over Hillary Clinton.  The most serious problem was not the trolling or the organizing but the hacking.

 

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Georgia Horse Trainer Arrested After Being Videotaped Feeding Cocaine and Whiskey To Goat

1518967840964Sergio Palomares-Guzman, 28, is accused of a truly bizarre crime of force feeing a goat a combination of whisky and cocaine.  The abuse was captured on a videotape as Palomares-Guzman  and another man can be heard laughing.  He is charged with aggravated cruelty to animals and also faced deportation.

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“Very Sad”: Trump Suggests That FBI Might Have Prevented Florida Massacre If It Wasn’t So Busy Looking For Russian Collusion

downloaddonald_trump_president-elect_portrait_croppedPresident Donald Trump late Saturday night issued another highly controversial and frankly unfair tweet targeting the FBI.  Trump suggested that the FBI might have prevented the massacre atMarjory Douglas Stoneman High School in Parkland, Florida if they weren’t “spending too much time trying to prove Russian collusion with the Trump campaign.”  It is obviously a false association since the local and national offices dealing with such school threats are entirely removed by the Russian investigation. Indeed, the entire structure of the Special Counsel operation is designed to set it apart from Main Justice and other investigations.  The tweet is being condemned as politicizing the massacre as students are still being mourned and buried.  This includes some very angry responses from the surviving students.

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Indiana Men Charged With Creating Illegal Bike Path In State Park

fortbencbsMichael Hufhand and Jed Kidwell, both 54,  are facing a novel criminal charge: creating and maintaining an illegal bike trial in a state park.  The two men were specifically charged with criminal mischief and trespassing for their bike trial in the Fort Harrison State Park.

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Idaho Man Arrested After Driving Down Highway With 40 Foot Stolen Pipes Sticking Out Windows

kootenaiPole2_1518806169226_10394176_ver1.0_640_360In Rathdrum, Idaho, Brett K. Anderson, 47, does not appear to have seriously thought out his criminal scheme.  Anderson is accused of stealing 40 foot sections of irrigation pipe and then driving down the highway with the pipes sticking out the car windows.  He proceeded to hit other cars with pipes before being pulled over by police.

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