Category: Criminal law

House Intelligence Committee Releases Full Memo Alleging Serious Breaches By FBI In Russian Investigation

HouseofRepSealI will be discussing the memo today in a column in the Hill as well as in the segment with Tucker Carlson.   I fail to see the “grave” classified information that would put the national security at risk.  Indeed, my column addresses the disconnect between the objections made by the FBI and Democratic members and the actual memo. The use of classification laws to prevent disclosure of embarrassing information is itself an abuse of federal law and standards.

The Republicans may have undermined their case by building up this memo as a smoking gun document. Portrayals seems to make this memo the virtual combination of the Pentagon Papers and the Zimmerman telegram. After all of the build up, anything short of a depiction of Hillary Clinton forcing a judge to sign a secret warrant at gunpoint would disappoint most readers. However, there is plenty in this memo that should deeply concern people.

Civil libertarians have complained for years about the tactical use of classification authority by the federal agencies.  This seems a rare and important example of that problem. As to the specific factual representations, they raise clearly troubling questions that need to be addressed on the failure to disclosure information to the FISA court and the alleged heavy reliance on this dossier.

Below is the full memo:

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Report: Wray Opposes Release of Nunes Memo

440px-Chris_Wray_official_photoAccording to Bloomberg, FBI Director Christopher Wray told the White House he opposes the release of controversial four-page memo from the House Intelligence Committee.  What is notable about the report is that the objection is allegedly due to what Wray views as a false and inaccurate narrative. However, that should not be a reason alone to classify and withhold a document under Rule X.

 

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Stormy Daniels Issues New Denial Of An Affair With Trump . . . Then Suggests The Signature Is A Forgery

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© Glenn Francis, http://www.PacificProDigital.com

The controversy surrounding porn star Stormy Daniels deepened yesterday.   Stephanie Clifford (AKA Stormy Daniels) was reported to have finally and clearly denied that she had an affair with President Donald Trump.  A statement was released under her signature with the help of counsel.  However, in her interview with late night host Jimmy Kimmel, she seemed to suggest that it was not her signature. The coy denials and suggestions of Daniels in interviews is getting quite old.  However, her interview left the impression that that someone faked her signature, a possible crime.  In addition, if she did not have an affair with Trump, she could be liable for defamation but there are some interesting legal twists.

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Pennsylvania Lawyer Arrested In Bizarre Crime Spree

Nichole-Collins-620x620Attorney Nichole Collins has been suspended by the Disciplinary Board of the Supreme Court of Pennsylvania after she was accused of breaking into her firm, stealing credit cards from fellow employees, and vandalizing equipment.  She is facing charges that include burglary, forgery, access device fraud and theft by unlawful taking.  It is remarkable that the Board views this as a suspension case as opposed to a disbarment case, but it could seek a more permanent action against Collins.  Making this all the more awkward: she is married to Deputy District Attorney Joel Hogentogler.

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Poland Moves To Criminalize Claims Of Polish Culpability In Nazi War Crimes

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Michigan Defendant Implicates Himself In Second Crime After Asking Judge About His “Other Murder Case”

screen-shot-2018-01-25-at-3-27-39-pmVicente Rodriguez-Ortiz, 22, may win the prize for the worst arraignment in history.  In Grand Rapids, Mich,, the defendant was facing a charge over the murder of Andre Hawkins.  When the judge finished explaining the arraignment, Rodriguez-Ortiz asked about his “other murder case.”  That led police to link him to the March 2017 murder of Laurie Kay Lundeberg.  Now he is facing two murder prosecutions.

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Swiss Fire Top Investigator After Clandestine Meeting With Russian Lawyer At Center Of Trump Tower Scandal

downloadAccording to the Daily Beast, a top Swiss police investigator identified only as Victor K was fired last week in a case that some are describing as an effort by Russians to make him a virtual double agent.  Against the direct orders of his superiors, Victor went to Russia and was put up in a luxury hotel to meet with the office that allegedly offered dirt on Hillary Clinton to Donald Trump Jr. in the infamous Trump Tower meeting.  In Washington, he was promptly put into a meeting with the main figure from the Trump Tower: Natalia Veselnitskaya.  Once again, she wanted to talk about the whole Magnitsky controversy where huge amounts of money reportedly were generated for powerful Russian figures in a $230 million fraud scheme.  The Swiss were zeroing in on that money which may have been laundered through Swiss accounts.

 

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“My Life Is Over”: Former Justice Department Prosecutor And Akin Gump Partner Pleads Guilty To Stealing Government Files

Jeffrey-WerkinUS-DeptOfJustice-Seal_svgJeffrey Wertkin seemingly had it all.  At 41, he was a partner at the powerhouse law firm of Akin Gump Strauss Hauer & Feld. He came to the firm after a successful career as a corporate fraud prosecutor.  He had one more thing, however, that his colleagues were not aware of.  He had the non-public files of sealed lawsuits by whistleblowers.  His intention was to use the pilfered files to sell his inside information and services to companies.  He is now likely going to jail.  When the undercover agent told him that he was under arrest, he simply said “My life is over.”

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Professor Comey? Ex-FBI Chief To Teach Ethics Course Amid Scrutiny

440px-Comey-FBI-PortraitimagesBelow is my column in the Hill Newspaper on the news that former FBI Director James Comey will be teaching a course at William & Mary on “ethical leadership.”  While I believe that having their alum teach a class would be a terrific opportunity for their students, this particular subject is obviously controversial.  Moreover, it seems to fit an agenda by Comey to address criticism over his ethical choices.  There is nothing in Comey’s past that would have made this an obvious choice for his expertise that clearly encompasses national security, surveillance, privacy, and other area of constitutional and criminal law.  Curriculum should not be a vehicle for public relations.

Here is the column

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California Man Arrested After Homeless Victim Draws Picture Of His Attacker

1517154186767In Santa Ana, James Anthony Lawlor, 35, was arrested with the help of this hand-drawn picture from a homeless person of the man who kicked him in the face and burned down his tent.  It will make for an interesting piece of admissible evidence, though the police have ample evidence against Lawlor including the image below.

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Report: Trump Raised Possible Firing Of Deputy Attorney General In Recent Weeks

Rod_Rosenstein_Official_DAG_Portraitdonald_trump_president-elect_portrait_croppedIn the aftermath of the report that the White House Counsel Don McGahn had to threaten to resign to prevent President Donald Trump from firing Robert Mueller last June, new reports from four sources say that Trump has raised his desire to fire Deputy Attorney General Rod Rosenstein.  The story would be particularly worrisome since many have defended the President (who denied the Mueller story) on the basis that the order was given during an early chaotic period where he made a series of missteps.  This story, if true, would suggest that the President is still considering the same type of move against Rosenstein — a move that would have obvious and immediate negative impact for him and his Administration.

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“Fake News, Fake News”: Trump Denies That He Wanted To Fire Mueller In June

donald_trump_president-elect_portrait_croppedAt the Davos conference in Switzerland, President Donald Trump denied the New York Times account that he ordered the firing of Special Counsel in June but was prevented by doing so when White House Counsel Don McGahn threatened to resign.  It is a highly disturbing allegation since such an act would have been catastrophic for the Trump Administration.  Now however President Trump is denying the story — responding to reporters with “fake news, fake news.”  What is curious is that the White House and particularly the White House Counsel did not deny the story.

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Durham DA Drops Felony Charges Against Protesters Who Tore Down Confederate Statue

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We previously discussed the arrest of four protesters arrested for the destruction of a roughly century-old statue of a Confederate soldier in North Carolina.  The public, premeditated act was was carried out in front of news cameras in broad daylight.  Moreover, the arrested individuals seemed proud of the crime and various advocates called for all charges to be dropped against  Takiyah Thompson, 22, Dante Strobino, 35, Ngoc Loan Tran, 24, and Peter Gilbert, 39.  Indeed, faculty declared Thompson a hero for her vandalism and Political Science Professor Allan Cooper of North Carolina Central University called for Thompson to be given a scholarship.

Now, Durham District Attorney Roger Echols has dropped all felony charges against the eight protesters.

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“Jesus [Didn’t] Take The Wheel”: Tennessee Man Arrested For DUI After Letting Jesus Drive Him Home

 

mug-800x430Carrie Underwood achieved great success with her hit “Jesus Take The Wheel” (“Jesus, take the wheel; Take it from my hands; ‘Cause I can’t do this on my own; I’m letting go “) It didn’t quite work that way for Chad England, 33, who was arrested after flipping his car over five times — an accident preceded by his letting Jesus drive him home.

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The Mailman with the Maserati: Postal Worker Arrested With Dozens of Stolen Credit Cards

download-1It is not clear what should have tipped off authorities first: the fact that postman Naquan Wilson drove a Maserati or that he was called the “Sock Man” because he carried a stack of credit cards around in a sock at the mall. Whatever did it, Wilson, 28, was arrested and charged with stealing dozens of credit cards from the mail and using them to buy designer clothing and other luxury goods.  He was charged  along with girlfriend, 33-year-old Shantavia Davis, who is an NYPD schools safety officer.

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