Category: Criminal law

TSA Questions Texas Tech Fan For Using “Finger-Gun” Salute With Another Fan At Airport

240px-tsa_-_logoTexas Tech fans are known for their finger-gun salutes and “Wreck’em slogan.”  It appears however that the TSA training does not include such common displays.  When Diana Durkin recently returned to the University, she spotted another fan in line at the airport security for William P. Hobby airport in Houston and gave him the Texas Tech salute.  She was immediately pulled out of the line by alarmed TSA personnel but after being delayed and questioned, she was allowed (this time) to leave with only a warning.

 

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“How To Kill Someone And Not Get Caught”: Texas Woman Faces Murder Charges After Self-Incriminating Search

murderSandra Louis Garner, 55, is facing murder charges after police investigating the death of her husband found that, before his murder, Garner searched “how to kill someone and not get caught.”  The search does not appear to have offered in terms of compelling advice given the evidence unearthed by investigators.

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Washington Area Rocked By Chilling Crimes Of Teenagers

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The Washington area has been shocked by two crimes in the area by teenagers who showed an utter lack of humanity or emotion against helpless victims.  In Fairfax, Venus Romero Iraheta, 17, murdered a 15-year-old girl but stopped just long enough to tell her to remember her name for when they meet in hell.  She was convicted this week in the murder.  In Baltimore, six teens savagely attacked an elderly man, stole his car, and then ran over the man.  In all of these cases, the mugshots show seemingly youthful innocent faces of young people who appear devoid of the most elemental feelings of empathy for other human beings.

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Russian Historian Arrested And Sent For Psychiatric Test by Putin Officials After Detailing Stalin Atrocities

225px-Vladimir_Putin_official_portraitCroppedStalin1943The erosion of free speech in Russia under Vladimir Putin has been an unfolding tragedy for Russia.  As is often the case, the loss of freedom of speech often goes hand-in-hand with the loss of academic freedom.  However, the arrest of a Russian historian, Yuri Dmitriev, 61, is particularly chilling and raises legitimate comparisons with the Stalinist period. That is fitting given the fact that Dmitriev is being forced into psychiatric testing after writing about the discovery of thousands of bodies from the 1930s — victims of Joe Stalin.  Putin has ordered a revisionist history on Stalin to glorify his reign and downplay the millions killed by the bloodsoaked dictator.

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Welcome To China Town: Manafort Challenge The Scope of the Special Counsel investigation

Chinatownposter1Below is my column in the Hill newspaper on the filing by Paul Manafort challenging the scope of the Special Counsel investigation.  Manafort’s filing of a civil action is quite telling in this circumstance.  As a criminal defendant, he can challenge the basis for the charges.  This seems like an effort to make a public case with little likelihood of legal success.  However, the public tends not to be particularly sympathetic with accused felons complaining that they were arrested by the wrong cop.  It is true that Manafort would likely not have been charged absent the Special Counsel investigation.  However, that is like complaining about the weather in Washington.

Here is the column:

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Spitzer Accused Of Threatening Man In Restaurant For Complimenting Home Depot Founder

Eliot_SpitzerFormer New York Gov. Eliot Spitzer is back in the news and it could not be more bizarre. This week Spitzer was  accused of allegedly threatening to stab a restaurant patron’s crotch for stating that he respected Spitzer’s nemesis, Home Depot founder Kenneth Langone.  Jamie Antolini says that Spitzer yelled “I’ll get a f**king knife and stab you right in your f**king cock!”  Spitzer resigned as Attorney General after disclosure of his patronage of high-end prostitutes.

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Judge Dismisses Bundy Case With Prejudice After Finding of Extensive Unethical Conduct By Federal Prosecutors

600px-US-DeptOfJustice-Seal.svg DOJAnother major case has been thrown out due to prosecutorial abuse by the United States Department of Justice.  We have previously discussed cases where federal prosecutors have withheld evidence and filed false or misleading statements to the court.  Now,  U.S. District Court Judge Gloria Navarro has issued a dismissal with prejudice against the Justice Department in the case against Cliven Bundy and his sons due to what Navarro describes as flagrant and knowing violations of professional ethics and federal law by the Justice Department.  In past cases, the Justice Department has shown little commitment to discipline, let alone terminate, anyone for the violations (or the waste of millions of dollars).  In this case, however, Attorney General Jeff Sessions has called for a review of the case.

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German Given Eighteen Months In Jail For Posting Picture of Auschwitz With An Offensive Caption

Coat_of_arms_of_Germany.svgWe have been discussing how Germany has led the West in the criminalization of speech, an anti-free speech trend that is now raging in England, France, Canada and other Western nations.  Germany has continued its plunge into censorship and criminalization despite the failure of its speech laws to curtail extremism. The most recent case involves a 32-year-old German neo-Nazi who has been sentenced to 18 months in prison for incitement after posting picture of a miniature of the Auschwitz death camp on Facebook with an offensive caption.

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South Dakota Police Declare Dead Body Found In Car Trunk “Suspicious”

800-1Tosten Walsh Lommen, 30, was looking at a serious series of charges after driving drunk and taking South Dakota police on a high-speed chase. However, it became far, far worse when the arresting officers opened his trunk and found a dead woman wrapped in a blanket.  The initial charges included a charge that may not be familiar to many on the blog: aggravated eluding.

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NYT: Trump Tried To Stop Sessions From Recusal

donald_trump_president-elect_portrait_croppedThe New York Times is reporting that Special counsel Robert Mueller has confirmed that  President Donald Trump took the extraordinary step of ordering White House counsel Don McGahn to Attorney general Jeff Sessions to prevent him from recusing himself in the Russian investigation.  I was one of the earliest voices calling for Sessions to recuse himself and continue to believe that he made the right decision not only for himself and the Justice Department but Trump.  The account in the Times states that Trump was irate at hearing that Sessions would follow the advice of his ethics advisors and recuse himself. He allegedly asked why he does not have an Eric Holder or Roy Cohen to protect his interests. If true, it was a grossly inappropriate decision and an even more worrisome analogy. I have been a long critic of Holder and his highly political tenure at the Justice Department.  As for Roy Cohen, he is one of the most reviled and disreputable figures in history.  It would be akin to a CEO asking where is his Bernie Madoff to protect profits.  The accounts is based on two sources that are anonymous and we have not heard from the President.  Obviously, McGahn could also deny the truth of the story but we have not heard from either McGahn or Trump’s personal counsel.

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Is Comey’s Culpability A Simple Question of Math? Senate Presses Justice Department On Classification of Memos

440px-Comey-FBI-PortraitI have previously expressed my skepticism over the claims of James Comey that he had a right to remove memos from the FBI and leak them to the media through a friend.  As I have previously written, Comey was in clear violation of FBI rules and may have knowingly removed classified material.  According to Senate Judiciary Committee Chairman Chuck Grassley, there is growing evidence to suggest that Comey not only violated FBI guidelines (which is clear) but that he violated federal law in the removal and disclosure of classified material.  Indeed, it may come down to simple math.  Four of the memos that Comey removed are now believed to be classified.  He reportedly gave four memos to his friend to leak to the media.  That would suggest that at least one memo given to Columbia University Professor Daniel Richman was classified.

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Defendant Loses Appeal In Contesting Possession Of Drugs Found In His Rectum

WYLIE-BIGGS-2017-0415This may be the single most challenging defense that I have seen in years.  Counsel for Edwin Greco Wylie-Biggs argued that the police had failed to prove that drugs seized in the state prison at Fayette, Pennsylvania belonged to Wylie-Biggs.  The problem is that the drugs were found in his rectum.

 

 

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Did the FBI Have A Source In The Trump Campaign?

136px-US-FBI-ShadedSeal_svg donald_trump_president-elect_portrait_croppedThe founders of Fusion GPS (which compiled the Trump dossier with money from Hillary Clinton and the DNC) has caused a stir with an op-ed in The New York Times calling for Congress to release transcripts of their testimony last summer.  I favor such a release to give greater transparency on the facts underlying the allegations over both the Trump and Clinton campaigns.  I have criticized both parties for managing the information and pushing investigations on one side while obstructing investigations on the other side.  However, six words in the op-ed raise a far more interesting prospect: they say that there may have been an insider cooperating with the FBI during the campaign.  That would be a highly significant development if the source was a true cooperative witness funneling information to the Bureau during the presidential campaign.

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Res ipsa loquitur – The thing itself speaks