Category: Criminal law

Exoneration First, Investigation Later: Comey Under Fire Over Draft Clearing Clinton Written Before Interviewing Key Witnesses

440px-Comey-FBI-PortraitBelow is my column in the Hill newspaper on the recent news about Comey drafting a statement declining to charge Hillary Clinton or her staff before key witnesses were interviewed or evidence reviewed.  The question is why Comey pursued the investigation if he felt comfortable months in advance in drafting the statement.  I do not share the President’s view that this draft shows a “rigged process,”  though some FBI agents have objected to the drafting of the statement in this context.  I take Comey at his word that he did not make up his mind until after all of the evidence was reviewed.  However, the draft does show a markedly different approach to the investigation of the Clinton emails and the Special Counsel investigation of the Trump Administration.

Here is the column:

Continue reading “Exoneration First, Investigation Later: Comey Under Fire Over Draft Clearing Clinton Written Before Interviewing Key Witnesses”

Myanmar Allows Another Reported Massacre of Muslim Minority Rohingya

250px-Flag_of_Myanmar.svgWe previously discussed the crushing abuse and discrimination faced by Muslims in Myanmar.  The Rohingya are denied basic rights and face continued violence in the country.   While it was hard to imagine the abuse of these Muslims becoming any more extreme in the Buddhist nation, it just did.  The government has allowed a new spasm of violence against this community which has been denied the most basic rights and the support.  Rohingya children have been reportedly beheaded and civilians burned alive.

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Florida Clerk Admits To Stealing Exotic Dancer Fees But Blames Husband’s Home Depot Habit

fl-1504281660-ysa2cilkgm-snap-imagePalm Beach County clerk Anita Pedemey , 54, reportedly admitted to stealing the fees paid by exotic dancers.  The reason, however, was a bit novel: she reportedly told police that her husband has been “spending a lot of money at Home Depot.”  So much for the slogan “More Saving, More Doing.”  I guess his “more saving” produced her “more doing.”

 

Continue reading “Florida Clerk Admits To Stealing Exotic Dancer Fees But Blames Husband’s Home Depot Habit”

“End Their Politics”: Antifa and the Rejection of Liberal Democratic Values

contentBelow is my column in the Hill newspaper on the Antifa movement and its implications for free speech on our college and university campuses.  Yesterday, I shared a videotape from one such protest at GW near the law school a few months ago.  My concern is with those faculty members who legitimize the anti-speech foundation for this movement. Yet, the violence at Berkeley has exposed this movement for what it is.  This week Nancy Pelosi did criticize Antifa but then later qualified that criticism.  She said:

“Look, people are out there heiling Hitler and then you have a group that is antifa — anti-fascist; they’ve been there forever — some people may have infiltrated them. We’ll see. But that is not an equivalence, in my view.”

I fail to see why there is a need to draw distinctions.  Antifa is premised on the view that some speech is unworthy to be protected and that preventing people from hearing unworthy views is an act of “community self-defense.”  As the column discusses, the distinction between Antifa and its opposing fascists is rather difficult to discern in terms of the effort to intimidate or assault those with opposing views.  The threat of Antifa is summed up by the description of one of its most influential academic voices.  Dartmouth Professor Mark Bray says that the movement has no interest in co-existence with opposing views and seeks not simply to oppose them but to “end their politics.”

Here is the column: Continue reading ““End Their Politics”: Antifa and the Rejection of Liberal Democratic Values”

North Carolina Man Out Swims Police Drone and Shark In Over Three Hour Ocean Escape Attempt

kingsbury-arrest-pictureIf there was a police recognition for effort, Zachary Kingsbury, 20,  would be given a free pass this week after his arrest for possession of controlled substances.  After being stopped by police, Kingsbury jumped into the ocean at Surf City, North Carolina and swam so long and so far that the police drone ran out of power.  In his swim for freedom, Kingsbury came dangerously close to a shark who was less interested in the fugitive and more interested in the food in the water.  Unlike Michael Phelps, this shark was real and Kingsbury swam away the victor.

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The Checkered History of Presidential Pardons From “Lupo The Wolf” To “Big George” Caldwell to “Sheriff Joe”

donald_trump_president-elect_portrait_croppedBelow is my column in USA Today on the Arpaio pardon and its historical context.  While I have been critical of the Arpaio pardon, the history of presidential pardons is quite checkered.  Moreover, I agree with critics that the Justice Department made a major mistake in the timing of its prosecution of Arpaio shortly before the election.  That does not change the fact that Arpaio was in flagrant violation of a court order and warranted the contempt conviction.  I also disagree with New Jersey Christ Christie in aspects of the following statement: 

“I think the pardon power is an extraordinary power for any executive, both the governor, and I’ve used it, and the president. My understanding has always been that one of the prerequisites you look for in giving a pardon is contrition for what you were convicted of. I didn’t see that in Sheriff Arpaio. And so, to me, one of the things that you need an acknowledgment of is an acknowledgment of guilt, first off, is required for pardon.”

While Christie can demand that from individuals as governor, it is certainly not a mandatory requirement for a presidential pardon. Contrition is a common element in presidential pardons in the review of petitions but it is not a threshold requirement.  While a smaller subset of pardons, some pardon beneficiaries, like Richard Nixon, maintain that they were not guilty of any crime.  Indeed, pardons can be used in cases where a president believes that someone was wrongly charged or convicted — as is the case with Trump’s rationale for the Arpaio pardon.  Of course, in such case presidents normally give the courts an opportunity to review the conviction on appeal before executing a pardon.   This is not one of those cases.  Arpaio might have good-faith arguments in favor of his immigration arrests, but those arguments do not give him license to ignore a court order — which he did for 17 months.

Here is the column:

 

Continue reading “The Checkered History of Presidential Pardons From “Lupo The Wolf” To “Big George” Caldwell to “Sheriff Joe””

Antifa Comes To GW: Filmmaker Assaulted By Protester Near Law School [Updated]

downloadThis week I wrote a column on how Antifa and related groups are destroying free speech at academic institutions across the country with the help of enabling, sympathetic faculty.  I just saw this earlier video from a few months ago of an assault near the law school on our campus. Antifa activists harassed a conservative Rebel filmmaker, Jack Posobiec, and then a young man assaulted him.  The man was later identified asSydney Ramsey-LaRee, 24.  When GW police intervene, the attacker immediately claims to be the victim in the video below.  I was unaware of this earlier assault and wanted to share the video.  Fortunately, we have not seen the type of violence at other universities like Berkeley.

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Washington State Sheriff Placed On Leave After Video Shows Him Holding Gun On Motorcyclist

08292017_screen-grab_085259-1200x630A troubling videotape of a King County sheriff’s detective holding a gun on a motorcyclist has resulted in his being placed on administrative leave.  Alex Randall, the motorcyclist, posted the videotape that shows him pulling up to a stop line at a red light.  The detective then walks up and points the gun at him.  The King County Sheriff has apologized to Randall but the department is still refusing to release the name of the detective.

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The No Confidence Impeachment: Trump Opponents Seek Removal Without A High Crime Or Misdemeanor

 

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Making Terror “The Order Of The Day”: Charlottesville Leads To Call For Opposing Groups To Be Declared Terrorists

Heads_on_pikesBelow is my column in the Hill Newspaper on the call from both the right and the left for protesters to be declared domestic terrorists.  With rising anger over protests and counter protests, politicians are rushing to join calls for the government to not simply investigate these groups for hate speech but actually terrorism.

Here is the column:

Continue reading “Making Terror “The Order Of The Day”: Charlottesville Leads To Call For Opposing Groups To Be Declared Terrorists”

Mother and Daughter Arrested In Florida Prostitution Ring

1503166787189This is not what most people want from “bring your daughter to work day.”  A mother-daughter duo composed of Anne Dodge, 55, and Jennifer Dodge, 30, were arrested for alleged prostitution at their home in Sarasota, Florida. Police alleged that they ran an unlicensed massage parlor offering sexual favors.  The charges have an interesting element, as discussed below.

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Indiana Teen To Be Tried As Adult After Crashing Into House At 107 MPH Killing Two Young Girls

1503171744433Callie Fullerton, 8 and Haleigh Fullerton, 17, were at home watching television on July 12th when a car crashed into the house. Both were killed Behind the wheel was Alia Sierra, 17.  While the same age as Haleigh, Sierra will be tried as an adult after she crashed her car into a house a 107 mph.    She has been charged ten felony counts, including reckless homicide, causing death while operating a motor vehicle with a controlled substance in the blood and criminal recklessness.

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A Picture Frozen In Time: California Man Killed In Spanish Terror Attack

1503110024263Every terrorist attack brings a myriad of tragic stories of lives cut short by extremists who believe that mowing down innocent people will please God and guarantee them a place in paradise.  I had to share this picture on one such tragedy in the death of American Jared Tucker, 42, who took this picture one hour with his wife Heidi Nunes before being murdered in the streets of Barcelona Spain.  They were celebrating their one-year anniversary. Continue reading “A Picture Frozen In Time: California Man Killed In Spanish Terror Attack”

Res ipsa loquitur – The thing itself speaks