Category: Criminal law

Columns, Criminal law, Free Speech

“Prove me Wrong”: Charlie Kirk’s Final Challenge on Free Speech

Yesterday, the United States entered a new and chilling stage of what I have called the “age of rage.” After two attempted assassinations of President Donald Trump, leading conservative leader Charlie Kirk, father of two, was gunned down at a campus event at Utah Valley University. I learned the news while I was in Prague to speak on my book,“The Indispensable Right: Free Speech in an Age of Rage” and the growing attacks on free speech around the world. I never imagined that I would be speaking about Charlie’s murder and what it represents for free speech.

Continue reading ““Prove me Wrong”: Charlie Kirk’s Final Challenge on Free Speech” →

Criminal law, Politics

Michigan Court Dismisses Charges Against 15 Republicans in Presidential Certification Case

District Court Judge Kristen D. Simmons has dismissed the criminal charges against 15 Republicans charged with falsely attempting to certify President Donald Trump as the winner of the 2020 election. It is a major loss for Michigan Attorney General Dana Nessel (D) (shown left), who garnered public support in trying to prosecute the Michigan electors. Continue reading “Michigan Court Dismisses Charges Against 15 Republicans in Presidential Certification Case” →

Academia, Criminal law

Cal State University Professor Indicted for Assault on Federal Officers

A federal grand jury has indicted Cal State University Channel Islands professor Jonathan Anthony Caravello for throwing a tear gas canister at federal agents during a raid at a Glass House Farms marijuana facility in Camarillo, CA. In addition to a large number of arrestees, the authorities found at least 14 child workers. Caravello has been defended by faculty at the university, but now faces charges under 18 U.S.C. 111 for “assaulting, resisting, or impeding certain officers or employees.” Continue reading “Cal State University Professor Indicted for Assault on Federal Officers” →

Bizarre, Constitutional Law, Criminal law

“This Bud’s for You”: Alaskan Pilot Appeals Forfeiture of Plane Over Six-Pack of Beer

So an Alaskan bush pilot walks into the Supreme Court with a six-pack of beer. Sounds like the start of a good joke? Well, for Ken Jouppi, it is no laughing matter. Jouppi and his counsel at the Institute for Justice have just filed a petition for a writ of certiorari to appeal a decision from the Alaska Supreme Court that held the state could seize his $95,000 Cessna U206D airplane over a six-pack of beer found in a passenger’s bag of groceries.

Continue reading ““This Bud’s for You”: Alaskan Pilot Appeals Forfeiture of Plane Over Six-Pack of Beer” →

Criminal law, International

The Return of “Transportation” Sentencing? Australia Seeks to Ship Illegal Aliens to Small Pacific Island

It has been 157 years since the last ship taking convicts from the United Kingdom landed in Australia.  Now, in a crushing historical irony, Australia is contracting with the small Pacific island of Nauru to resettle foreign-born criminals who the courts have ruled cannot be imprisoned indefinitely. The court rulings show how our allies are facing the same dilemma in dealing with people who enter the country illegally and then oppose efforts to deport them for years in litigation. Continue reading “The Return of “Transportation” Sentencing? Australia Seeks to Ship Illegal Aliens to Small Pacific Island” →

Constitutional Law, Criminal law, Politics

The Rhetoric and Realities of Gun Control

Within minutes of the shooting at a Minneapolis Catholic Church Mass on Wednesday, politicians and pundits were calling for new gun control measures and blaming conservatives for the deaths of the children. These are the same calls that have emerged after past shootings for everything from a ban on “assault weapons” to a total ban on all guns. What the public is not being told is the limited range of options under existing constitutional precedent.

Continue reading “The Rhetoric and Realities of Gun Control” →

Columns, Criminal law

Grand Jury Refuses to Indict Sandwich-Throwing Former Justice Employee

In 1985, Sol Wachtler, the chief justice of New York’s Supreme Court, famously said, “Any good prosecutor can get a grand jury to indict a ham sandwich.” Perhaps, but it appears that indicting someone for throwing a ham sandwich may be tougher than it would appear. A grand jury has reportedly refused to indict Sean Charles Dunn, 37, shown on video shouting obscenities at Customs and Border Protection (CBP) agents standing near 14th and U streets on Aug. 10. and then striking an officer with a wrapped sandwich. Continue reading “Grand Jury Refuses to Indict Sandwich-Throwing Former Justice Employee” →

Courts, Criminal law

Wisconsin Judge Hannah Dugan Suffers Key Loss with the Rejection of Her Judicial Immunity Claim

Milwaukee County Judge Hannah Dugan speaking with ICE agentsWe have previously discussed the lack of a credible defense for Milwaukee County Judge Hannah Dugan, who has been charged with facilitating the escape of an undocumented man being sought by federal officers in her courthouse. Indeed, despite having high-powered lawyers such as Paul Clement,  her recent social media posts seem more like a pitch for jury nullification. One bright spot for Dugan was that she was assigned to U.S. District Judge Lynn Adelman, a liberal Democrat who has run for prior office and has been accused of bias on the bench. However, Judge Adelman just delivered a blow to the defense by rejecting Dugan’s claim that she had judicial immunity in taking her actions.

Continue reading “Wisconsin Judge Hannah Dugan Suffers Key Loss with the Rejection of Her Judicial Immunity Claim” →

Academia, Criminal law

“There’s Gonna be a Price to Pay”: Former WSU Teaching Assistant Sentenced for Attack on Conservative Student
We previously discussed the arrest of former Washington State University teaching assistant Patrick Mahoney and WSU research assistant Gerald Hoff for beating down engineering student Jay Sani for wearing a Trump hat. Notably, after the attack, Mahoney explained that, if you choose to wear a pro-Trump hat, “there’s gonna be a price to pay.” There is also a price for a beat down. He was just sentenced to one week in prison and a year’s probation. Continue reading ““There’s Gonna be a Price to Pay”: Former WSU Teaching Assistant Sentenced for Attack on Conservative Student” →
Columns, Constitutional Law, Courts, Criminal law, Politics

The One That Got Away: Letitia James and the Perils of Trophy Fishing

Below is my column in the New York Post on the appellate court decision to toss the entirety of the fine imposed against President Donald Trump in the civil action brought by New York Attorney General Letitia James.

Here is the column:

Continue reading “The One That Got Away: Letitia James and the Perils of Trophy Fishing” →

Congress, Constitutional Law, Criminal law, Justice, Politics

“I Have No Idea”: Justice Department Official Raised Objections to Ill-Defined Biden Pardons

The House Oversight Committee is investigating the use of the autopen by Biden officials as allegations grow that President Joe Biden had little idea of some of the actions taken under his name, from executive orders to pardons. Now, the Committee has disclosed that at least one senior official warned that he had “no idea” what the parameters were for Biden’s blanket pardons and that the public was being misled about the pardons only applying to non-violent individuals. Continue reading ““I Have No Idea”: Justice Department Official Raised Objections to Ill-Defined Biden Pardons” →

Criminal law, Politics

The Usual Suspects: Disclosure on the Scuttled Clinton Foundation Investigation Reveals Familiar Names

As the Trump Administration finally releases the underlying documents related to prior scandals and investigations, the public has learned a great deal about the origins of the Russian collusion investigation and other subjects. This week, another document was released explaining why the investigation into the Clinton Foundation seemed to go nowhere. What is less surprising are the characters involved in shutting down the investigation. It is, as Claude Rains would say, “the usual suspects” from former Acting Attorney General Sally Yates to former Deputy FBI Director Andrew McCabe. Continue reading “The Usual Suspects: Disclosure on the Scuttled Clinton Foundation Investigation Reveals Familiar Names” →

Bizarre, Criminal law

D.C. Man Charged With Felonious Assault of Officer with Sandwich

Sean Charles Dunn, 37, appears to have arranged for the ultimate take-out order. After spotting CBP agents outside of a Subway shop, Dunn proceeded to abuse them verbally. That is protected speech. What is not is taking your sandwich and heaving it at an officer. Dunn is now facing a charge of felony assault on an officer. U.S. Attorney Jeanine Pirro now wants to throw the book at him. Just in case anyone is interested in the intersection of culinary and criminal matters, I pulled up the relevant statute. Continue reading “D.C. Man Charged With Felonious Assault of Officer with Sandwich” →

Courts, Criminal law, Media, Politics

“A Failure to Communicate”: Democrats Face Costly Calls on Texas Redistricting Bluffs

In Cool Hand Luke, Paul Newman’s character famously bluffs in a hand of poker and later explains, “Yeah, well sometimes nothing can be a real cool hand.” It is a great scene and a great movie. The problem is that sometimes nothing can be . . . well . . . nothing. Democrats are learning that lesson this week after some Texas legislators indicated that they will be headed home and opponents are calling the bluffs of figures from California Gov. Gavin Newsom to Texas’s Beto O’Rourke. Continue reading ““A Failure to Communicate”: Democrats Face Costly Calls on Texas Redistricting Bluffs” →

Criminal law, Politics

“Lies, Damned Lies, and Statistics”: Trump Takeover Renews Questions Over D.C. Crime Data

Washington, D.C. is a city that has long spun statistics to the point that they become more fable than fact. It reaffirms the famous view that there are “lies, damned lies, and statistics.” The line is the perfect warning to the unwary about politicians citing statistics. The quote itself is widely misrepresented as the work of Mark Twain or British Prime Minister Benjamin Disraeli, so it seems nothing can be trusted when it comes to statistics, not even quotes on statistics.

That question is again at the heart of a debate following the announcement of President Donald Trump that he would be sending the National Guard into Washington and taking temporary control of the D.C. police. In response, Mayor Muriel Bowser and other democrats denounced the plan and claimed that violent crime is at a 30-year low after dropping by 26% so far in 2025. Continue reading ““Lies, Damned Lies, and Statistics”: Trump Takeover Renews Questions Over D.C. Crime Data” →

Res ipsa loquitur – The thing itself speaks