Category: Criminal law

The Falwell Fiasco and the Curious Absence of a Defamation Lawsuit

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The media coverage of the scandal involving Liberty University President Jerry Falwell Jr. has been overwhelming.  That is to be expected. An evangelical figure leaves his post at a religious university after a photo with his pants unzipped on a yacht owned by a Nascar mogul who received lucrative deals with the university. Then came the allegations of Giancarlo Granda that he had a long time sexual relationship with Falwell’s wife Becki and Rev. Falwell liked to watch the sexual trysts. Falwell has alleged that Granda was extorting money.  Michael Cohen, the thuggish former counsel for President Donald Trump, is even involved. In this tsunami of coverage, the interesting element is the one that is missing: no one has threatened a defamation action. Such a lawsuit could raise some interesting issues under the common law. Continue reading “The Falwell Fiasco and the Curious Absence of a Defamation Lawsuit”

Oregon Professor Arrested in Portland Riot

downloadAmong those arrested this week in Portland is an Oregon professor, OHSU Assistant Professor Daniel Liefwalker. Liefwalker was arrested around 3 a.m. for trespassing, a class C misdemeanor, according the Multnomah County Sheriff’s Department’s website.  We have discussed how universities should respond to faculty engaged in criminal conduct.  I have advocated, including in recent Senate testimony, that faculty members who engage in violence on campus should be fired. I do not believe such a response would be appropriate based on these facts. Continue reading “Oregon Professor Arrested in Portland Riot”

Bakker Calls For Donations In Fighting The Government Over Alleged Covit-19 Fraud . . . Government Awards Bakker Pandemic Relief

Jim_Baker_-_PTL_Broadcast_(1986)We have been following the dubious work of Rev. Jim Bakker after his release from prison, including pitching “cures” for the corona virus. There is now an interesting twist.  While Bakker is being pursued by the government for possible fraud for selling fake cures for Covit-19, the government just gave him a loan to help him continue his work during the Covit-19 pandemic. Ironically, Bakker begged supporters for money to help him fight off the government. The government appears to have responded.

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Biden Should Reject The Harris-Yates Model of Justice

440px-Kamala_Harris_Official_Attorney_General_Photosally_q-_yatesBelow is my column in the Hill newspaper on what stood out in the Democratic National Convention in terms of the future for the Justice Department under a possible Biden Administration. I have been highly critical of President Donald Trump’s treatment of the Justice Department and his disregarding of the principles of separation of the White House from ongoing investigations. Critics however often seem to embrace the seem disregard for core, defining principles of legal process. Highlighting the message of Sally Yates and Kamala Harris on justice issues is discomforting for those of us who want to see the Justice Department’s independence and objectivity respected and reinforced.

Here is the column:

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Two Women Arrested In Delaware After Attacking Family and Stealing 7-Year-Old Boy’s MAGA Hat

amy-winslowWe have previously discussed rising cases of politically motivated violence, including attacks on people wearing MAGA hats. In Delaware, two women reached a particular low point by stealing the hat of a 7-year-old and then screaming profanities, ripping up signs, and one assaulting an individual in a parking lot near the Democratic National Convention on Thursday. The Delaware police hit Olivia Winslow, 21, and Camryn Amy, 21, with an array of well-earned charges, though one charge remains unclear in terms of the relevant conduct. What is remarkable about the videotape is the sense of utter entitlement to attack those with opposing views.

Continue reading “Two Women Arrested In Delaware After Attacking Family and Stealing 7-Year-Old Boy’s MAGA Hat”

Utah Legislator Under Investigation For Allegedly Paying For Paint Used In Protest

D4-Derek-KitchenThere is an interesting controversy in Salt Lake City this week where police are investigating whether Sen. Derek Kitchen (D., Salt Lake) contributed money to buy paint to use to vandalize the street in front of the Salt Lake County District Attorney’s Office . I have serious reservations on free speech and free association grounds over this type of investigation. It creates a type of “material support” crime for protests involving vandalism or property destruction that could deter many from supporting the demonstrations across the political spectrum.

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Three Florida Men Allegedly Commit A Series Of Burglaries While Wearing Ankle Monitors

CT3K243MK5AYXCKQFNVY7GXJ6Q We have previously discussed crimes that are just dumbfoundingly dumb like the thieves who stole a hundred tracking devices. However, Zion Odain Denvor Hall, 21, Tyrek Davontae Williams, 19, and Tremaine Raekwon Hill, 18, did that guy three times better. They all allegedly wore ankle monitors during a series of burglaries. They did have competition this week as the most criminally inept felons in Florida. A man first stole lottery tickets from a convenience store and then returned to cash in a couple winning cards.

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“We Build The Wall”: Bannon Charged With Federal Charges Over Online Fundraising Campaign

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Steve Bannon, a former adviser to President Trump, was arrested today with three other suspects after the Justice Department charged fraud connected to an online fundraising campaign worth hundreds of thousands of dollars. The campaign, “We Build the Wall,” was said to have raised over $25 million. It is worth noting that the Justice Department has continued to investigate or prosecute various Trump supporters under Attorney General Bill Barr despite calls by Democratic members and commentators to impeach him.

 

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Main Suspect In Brutal Attack At BLM Protest Seeks Donations While Evading Police

download-1When I testified on the violence in current protests in cities like Portland, most of the Democratic senators insisted that violence in Portland was due to the arrival of federal officers to protect the federal courthouse and that the violence subsided after the federal officers were withdrawn.  As other witnesses pointed out, the violence had been raging for weeks and a riot was declared by the Portland police the very night before.  The violence has indeed continued though the coverage has been light, including the arson at a county government building yesterday. One of the most shocking incidents involve the attack at a Black Lives Matter demonstration of a man who was beaten after people filmed and mocked him. Police say one of the chief attackers was Marquise Love, 25, and he is someone already familiar to police. In an interesting twist, Love is now reportedly raising funds while on the run from police.

Continue reading “Main Suspect In Brutal Attack At BLM Protest Seeks Donations While Evading Police”

Senate Intelligence Report Is Long On Pages And Short On Intelligence

senate_large_sealWhere Shakespeare is credited in writing “Much To Do About Nothing,” the Senate may have achieved credit for writing “nothing about much.”  It is remarkable about how comparably little can be said in 1000 pages. The Senate Intelligence Committee released report yesterday on its own Russian investigation. I have been plowing through the report but what was most striking thus far is how little really new material the Senate was able to uncover. Indeed, it notes that it did not even look into the basis for the claims of the Steele dossier, which was used and widely cited for the early allegations of collusion. One of the few notable points is that the Report states that Donald Trump’s 2016 presidential campaign chairman Paul Manafort worked closely with a known Russian intelligence officer and that he “represented a grave counterintelligence threat” due to that relationship with Konstantin Kilimnik.  Yet, the Report is largely descriptive of known allegations with few concrete conclusions or original disclosures.  It confirms and adds details on Russian interference with the election, but it does not materially add new information on key areas where some of us hoped the Committee could gain greater access.

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Justice Delayed or Justice Denied? A Response To Andrew Weissmann And Ryan Goodman

US-DeptOfJustice-Seal_svgRecently, I posted a criticism of Andrew Weissmann, one of the top prosecutors with Special Counsel Robert Mueller, who ran a column with Professor Ryan Goodman encouraging Justice Department attorneys not to assist U.S. Attorney John Durham in his ongoing investigation (at least before the election) and dismissing the basis for the plea agreement reached with former FBI lawyer Kevin Clinesmith.  Goodman argues that I was unfair to him and Weissmann in my posting and I wanted to respond.  I did include a longer quote from the column to be sure that their point was better understood in context in an updated posting. However, in my view, the defense of this column only highlights the inherent bias that the original posting sought to address. Rather than append this long discussion at the end of the original column, I felt it deserved its own posting and consideration by readers. The discussion below is a response not just to Goodman’s tweets but their column.

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“Gosh Almighty”: Democrats Call to End Durham Investigation Despite Proven Criminal Conduct

440px-John_H._DurhamBelow is my column in the Hill on the announced criminal plea by former FBI lawyer Kevin Clinesmith and the continued calls by Democratic leaders to end the John Durham investigation. This week I discussed the call of Andrew Weissmann, one of the top prosecutors with Special Counsel Robert Mueller, for DOJ lawyers to refuse to help in the investigation despite his own conflict of interest. When the Clinesmith plea was announced, Weissmann proceeded to deride the charge and make spurious legal and factual claims about its basis.  The Weissmann call for DOJ lawyers to hinder this investigation is unprofessional and unwarranted but hardly uncommon in this rage-filled environment.

Here is the column: Continue reading ““Gosh Almighty”: Democrats Call to End Durham Investigation Despite Proven Criminal Conduct”

Separation Anxiety: Rep. Pascrell Sends “Criminal Referral” To Investigate Trump and Postal Service For Interfering With The 2020 Election

Bill_pascrell_375There was a curious moment this weekend when a member of Congress, Rep. Bill Pascrell (D., N.J.) called upon New Jersey  Attorney General Gurbir Grewal to use a grand jury to investigate criminal charges against President Donald Trump and U.S. Postmaster General Louis DeJoy for “the subversion” of the upcoming election. From a Madisonian perspective, a member of Congress calling for a grand jury to investigate wrongdoing by a federal agency is like a NASA calling up NOAA to explore Mars. Pascrell is a sitting member in a house, controlled by his own party, with the constitutional authority of oversight over the postal service. Our system of separation of powers commits this question to the political branches rather than criminalizing political disputes.

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Mueller Aide Weissmann Calls On DOJ Attorneys Not To Help On Investigations [Updated]

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Andrew Weissman.

I recently wrote a column discussing how Democratic leaders, including Vice President Joe Biden, have argued against continuing the investigation by U.S. Attorney John Durham despite growing evidence of misconduct by Justice Department officials and now the first guilty plea by former FBI lawyer Kevin Clinesmith. Now, Andrew Weissmann, one of the top prosecutors with Special Counsel Robert Mueller, has derided the Clinesmith plea while actually calling on Justice Department attorneys to refuse to help on ongoing investigations that could implicate aspects of his own prior work. [Update: I have include a longer quote from the column by the two authors and I have written another posting to address objections raised by Professor Goodman.]

Continue reading “Mueller Aide Weissmann Calls On DOJ Attorneys Not To Help On Investigations [Updated]”

The Ninth Circuit Strikes Down California’s Ban On High-Capacity Magazines

ninth-circuit-logoThree years ago, I wrote a column questioning the constitutional and practical effect of gun control reforms pushed through after the Las Vegas massacre, including limits on the capacity of magazines. The moves were being oversold in the media as reforms that would make such attacks less likely or deadly while also ignoring the constitutional standard for the review of such measures.  Now, one of those reforms, California’s ban on high-capacity gun magazines, has been struck down by a panel on the United States Court of Appeals for the Ninth Circuit.  Notably, the magazine laws were one of the most promising areas of gun control laws after the Court’s 2008 decisions in District of Columbia v. Heller. Indeed, while I doubted its efficacy, I thought that limits on magazines could potentially pass constitutional muster under Heller with a properly crafted and supported law.

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Res ipsa loquitur – The thing itself speaks