Category: Criminal law

Bizarre, Criminal law, Lawyering, Media, Politics

“How Come I’m The Only One?” Cohen’s Claims Victim Status Before Heading To Prison

Michael Cohen has never been a figure who generated much sympathy in others. Cohen spent his career as a legal thug for Trump — threatening everyone from college students to journalists with ruin. He ran shady business deals for himself and taped his own clients without their knowledge. For many of us, his three-year prison sentence was incredibly light given his confessed criminal acts. There is however one person who has unlimited sympathy of Cohen: himself. In a pathetic interview, Cohen laments how he has been singled out and unfairly sent to prison. He previously contradicted his prior sworn confessions to crimes.

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Columns, Congress, Constitutional Law, Criminal law, Politics

The Black Jersey: How Trump And Congress Are Competing For Last Place

Below is my column in The Hill newspaper on a curious aspect to all of the posturing taking place in Washington. Putting aside the bluster on both sides, there is strange alliance coalescing between the Democratic Leadership and the White House in running out the clock for impeachment. The only essential element is that they do not look like they are playing for time. Both sides derive political benefit from stirring up their bases with impeachment talk but neither side actually wants to see an impeachment. The rest is classic D.C. kabuki.

Here is the column:

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Animals, Criminal law

“Troll Remorse”: Maryland Man Sentenced For Jumping On Pelican In The Florida Keys

We previously discussed the case of William Hunter Hardesty, 31. Police arrested Hardesty after he was featured in a disturbing video where he jumped on a pelican and manhandled it. He has now been sentenced to a well-deserved 90 days in prison and a $1000 fine.

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Constitutional Law, Criminal law, Environment, Justice

WA Appeals Court Allows Necessity Defense For Alleged Vandal In Shutting Down Pipeline As Environmental Protest

By Darren Smith, Weekend Contributor

I have been critical of the notion that a defendant may not always be permitted the opportunity to present evidence in their defense, especially the affirmative defenses of necessity and self-defense.  Yet in a case recently before the Washington State Court of Appeals, Division One, The Court held that in a particular case, a defendant charged in shutting down an oil pipeline to draw attention to environmental hazards posed by such industry–he is entitled to argue before the court his actions were necessary to protect the environment and common good of the people. 

While this case received nearly no attention in the recent media, the effects of this ruling can be both of benefit to the defendant and the environmental protection cause, but could also open some doors to those seeking to excuse criminal behavior using specious necessity claims.

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Courts, Criminal law, Lawyering

Judge Indicted For Allegedly Aiding Illegal Immigrant Evade Arrest by ICE

We previously discussed the controversy surrounding Judge Shelley Richmond Joseph who allegedly helped an illegal immigrant evade ICE agents in April 2018. Joseph and court officer Wesley MacGregor were charged with conspiracy to obstruct justice, obstruction of justice, aiding and abetting and obstruction of a federal proceeding.

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Bizarre, Criminal law, Politics

Michael Cohen Now Claims Innocence Of Charges Despite Sworn Statements

I have previously written about Michael Cohen’s long and uninterrupted history of false statements, crimes, and unethical conduct (here and here and here and here and here). What was particularly impressive is that Cohen was told by Chairman Elijah Cummings that he would immediately be referred to the Justice Department for prosecution if he lied even in the slightest degree. In the view of many, Cohen proceeded to lie and Cummings decided to do nothing. Now Cohen is contradicting the sworn statements that he made in court as part of his sentencing is saying that the charges — and presumably his own statements accepting his guilt — were lies. Cohen reportedly told actor Tom Arnold last month that he is not guilty of the crimes that he told the court that he committed.

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Criminal law, Free Speech, Society, Torts

Brothers Sue Lawyers for Jussie Smollett For Defamation
Abel and Ola Osundairo: Instagram

Abel and Ola Osundairo, the two brothers implicated in the hoax attack on Jussie Smollett, are heading back to court. This time however they will be appearing as plaintiffs in a defamation case against Smollett’s attorneys,  Tina Glandian and Mark Geragos. It is a relatively rare case against counsel and could test the limits of legal privilege in defamation.

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Constitutional Law, Criminal law, Free Speech, International

France Launches Investigation Into Protesters Insulting Police

We have previously discussed the alarming rollback on free speech rights in the West, particularly in France (here and here and here and here and here and here and here). Much of this trend is tied to the expansion of hate speech and non-discrimination laws. We have seen comedians targeted with such court orders under this expanding and worrisome trend. (here and here). The insatiable appetite for speech criminalization and regulation was apparent this week. The government continues to struggle to deal with the “yellow vest” protests in Paris, but it has now opened a criminal investigation into protesters who yelled that police should commit suicide. Despite being treated as clearly protected political speech in the United States, such protest chants will be charged as crimes in France where free speech is being eradicated under a variety of speech codes and criminal provisions.

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Columns, Congress, Constitutional Law, Criminal law

Mueller’s Mess On Intent Leaves Democrats In A Muddle On Impeachment

Below is my column in The Hill newspaper on a missing element in the Mueller report not just for obstruction but impeachment: intent. As I discuss, I am still baffled by the logic of Mueller in not reaching a conclusion on obstruction. It simply makes no sense given his actions on collusion and the ultimate rendering of a decision by Main Justice on obstruction. While the Justice Department (wrongly) maintains that a sitting president cannot be indicted, there is no bar on finding probable cause to believe that a president has committed a crime.

Here is the column:

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Columns, Criminal law, Politics

The Special Counsel and Trump’s Saga Of Self-Inflicted Wounds

Below is my column in The Hill newspaper on the description of events in the Trump White House. While Trump is continuing to attack Special Counsel Robert Mueller’s investigation, Trump is blaming possible “traitors” and others for their roles in the investigation. The one person who he is not blaming is himself despite the fact that the Mueller report is a 400-page tale of self-inflicted wounds.

Here is the column:

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Bizarre, Criminal law, Media

Trump Suggests Some Involved In Mueller Investigation Could Be “Traitors” And Still Be Brought To Justice

President Donald Trump appears intent on fueling calls for impeachment with unhinged statements calling some who worked with Special Counsel Robert Mueller as possible “traitors” and promising to “turn the tables” and to “bring them to justice”. While the President could simply relish the lack of findings of any criminal conduct, he has again adopted disturbing rhetoric that is reminiscent more of authoritarian regimes than American administrations.

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Criminal law, Torts

Dershowitz Sued For Defamation Over Jeffrey Epstein Case

We have been following the scandal involving the case of sexual predator Jeffrey Epstein (left). Epstein was accused of being a sex trafficker for powerful men ranging from former President Bill Clinton to Harvard Law Professor Alan Dershowitz. Dershowitz has called his accuser a perjurer and recently declared that he wanted to be sued for defamation. He has now gotten his wish. Dershowitz will now face a trial on the merits of the allegation after Boies Schiller filed the requested defamation action against him.

Tensions recently came to a head in a New York courtroom with allegations against Dershowitz made by former federal judge Paul Cassell.

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Congress, Courts, Criminal law

Federal Judge Attacks Barr Over Creating Public Doubts Over Report


Today will be the long-awaited release of the Special Counsel report. (I will be in New York doing analysis for CBS and BBC). District Court Judge Reggie Walton however did not wait for the release of the report or the press conference planned by Attorney General Bill Barr for the morning. Walton made a surprising statement in court on Tuesday criticizing Barr. Walton objected that “The attorney general has created an environment that has caused a significant part of the public … to be concerned about whether or not there is full transparency.” Walton did not explain what precisely Barr did to create such public doubts, but the comments appeared immaterial to the merits. A few days ago, we discussed another federal judge attacking President Trump at an awards ceremony. Walton’s comments are not nearly so problematic but they were unfortunate and untimely in my view.

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Columns, Congress, Constitutional Law, Criminal law, Free Speech, International, Lawyering, Media, Politics, Society

Roughly 300 Years Later, Is Julian Assange The New John Peter Zenger?

Below is my column in the BBC on the historical and potential legal significance of the prosecution of WikiLeaks founder Julian Assange. Much of the prosecution could turn on whether Assange is a journalist. Notably, Assange just received a European journalism award from the European parliamentarians. Assange is this year’s recipient of the 2019 GUE/NGL Award for Journalists, Whistleblowers & Defenders of the Right to Information.

In the meantime, there are some interesting comparison between the Assange and Zenger cases in the long-standing debate over what constitutes press freedoms.

Here is the column:

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