Category: Criminal law

Chicago On Pace For Record Year Of Homicides With 400 Murders

Chicago_Police_StarI am in Chicago, my hometown, to celebrate my mother’s 90th birthday.  I always love coming home to his city, but which is beautiful in the summer.  I took the kids swimming in Lake Michigan with huge waves and a perfect day. However, the city is reeling from an ever-rising murder rate.  Just four years ago, the city passed 400 homicides around Thanksgiving.  We just passed that mark in July in what could be a record bloody year in the Windy City.

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The Doomsday Scenario: How Replacing Sessions Could Trigger A Cascading Series Of Unfortunate Events

Superman_Doomsday_logojeff_sessions_official_portraitBelow is my column in USA Today on the possibility of a “Doomsday scenario” where President Donald Trump first fired (or forces the resignation) of Jeff Sessions and then moves to fire Special Counsel Robert Mueller.  That scenario was reinforced yesterday with reports that Trump has discussed firing Sessions and giving a recess appointment to his successor — the very scenario laid out earlier in this column.   In addition, Trump blasted Sessions again yesterday — this time criticizing him for not replacing Acting FBI Director Andrew McCabe, whose wife ran for office in Virginia in 2015 and received large contributions from the Democratic Party.   

Trump’s unrelenting criticism of Sessions is occurring at the same time as new leaks about his discussing not just a replacement but a recess appointment — something the Democrats have vowed to prevent.  The question is whether some Republicans might join in that effort to prevent the type of Doomsday scenario laid out in this earlier column.

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Michigan Judge Threatens To Throw Out Plea Bargain After Murderer Smirks Through Victim Statement

Screen Shot 2017-07-26 at 10.49.07 PM.pngDefense counsel often discuss demeanor in court with our clients.  One thing that we all agree on is that it is a uniquely bad idea to smirk during victim statements, particularly in a murder case.  That is one lesson Danta Wright, 17, did not learn and it almost cost him the plea bargain negotiated with prosecutors.

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Wasserman Schultz Aide Arrested Allegedly Trying To Flee The County After Fraud Charge

Wasserman SchultzRep. Debbie Wasserman Schultz (Fla.), the former Democratic National Committee chairwoman, has been under intense criticism over her retention of Imran Awan as a technology aide.  While other members severed connections to Awan after he was accused of wrongdoing months ago, Wasserman Schultz retained him.  He has now been arrested at Dulles International Airport in an alleged attempt to flee the country.

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Of Pardons and Presidents: Why Trump Can But Shouldn’t Use His Power To Pardon His Family and Aides

 Below is my column in the Washington Post on the controversy over the possible use of pardon authority by President Donald Trump to protect his family and aides involved in the Russian investigation.  Trump’s tweet reference to his “complete power to pardon” fueled rumors that he is considering pardons, including a possible self-pardon.

 

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Police Seek Georgia Couple In Videotaped Assault on Restaurant Owner and Daughter

downloadbaxley26n-1-webBaxley, Georgia was the scene of a deeply disturbing confrontation between two customers and a restaurant owner. Qwik Chik owner Jeanette Norris is shown being repeatedly punched by a woman whose male companion then slugged her teenage daughter.  The suspects were identified by police as Nathaniel and Latasha Smith (right).

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Self-Pardons: A Response To Tribe, Painter, and Eisen

donald_trump_president-elect_portrait_croppedThis weekend my column on the Trump pardon controversy ran in the Washington Post. (Notably, while the first title referenced a President pardoning himself, the later title referenced pardoning aides which was the thrust of the column).  As I have stated in the press, I consider this one of the most difficult questions in the Constitution.  I wrote that there is nothing in the Constitution that says that a president cannot self-pardon and that this was a very close and unresolved question. The same day, a column ran that said conclusively that the self-pardon are clearly and textually barred by the Constitution. That column was written by Harvard Professor Laurence Tribe, Minnesota Professor Richard Painter, and Brookings Institution fellow Norman Eisen.   I must respectfully disagree despite my respect for the prior work of all three of these men. While I believe that it would have been better for the Framers to expressly bar self-pardons, they did not do so. What is left is a difficult interpretive question that is not answered by the arguments made in the column. Indeed, some of the arguments are challengeable on either a historical or legal basis.  This is an issue that could easily go either way in the courts.  In the meantime, President Trump this morning fueled greater speculation with a tweet referring to his “complete power to pardon.”

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Report: White House Investigating Mueller

donald_trump_president-elect_portrait_cropped440px-Director_Robert_S._Mueller-_III-1The media is reporting that President Donald Trump’s legal team is investigating possible conflicts of interest  by former FBI Director Robert Mueller.  Today I ran a column in USA Today on those conflicts of not just Mueller but Deputy Attorney General Rod Rosenstein. I have great respect for Mueller but I believe it was a mistake of Rosenstein to select him given his history with Comey and his reported interview with Trump for Comey’s job.  Nevertheless, as I have stated since this story broke this morning, I am very concerned with any concerted effort to investigate the investigators.  Such an approach is less evidence of a strategy as a spasm.  Clearly, defense counsel has a right — if not an obligation — to raise any known conflicts of interest with the Justice Department.  Yet, such investigations can easily get out of hand and can trip legal wires if aides are too aggressive in investigating the investigators.

 

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Roper’s Resolve: Critics Seek Dangerous Extensions Of Treason and Other Crimes To Prosecute The Trumps

A_Man_for_All_Seasons_(1966_movie_poster)Below is my column in the Hill newspaper on how critics of Donald Trump have been calling for radical extensions or interpretations of criminal provisions against core figures. The implications for such interpretations of crimes like treason need to be considered by critics.

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Trump: I Would Not Have Appointed Sessions If I Knew He Would Recuse Himself From Russian Investigation

donald_trump_president-elect_portrait_croppedjeff_sessions_official_portraitPresident Donald Trump gave a bombshell interview with the New York Times on Wednesday in which he said that he would not have appointed Jeff Sessions to be attorney general had he known Sessions would recuse himself from the Russian investigation.  It was a highly disturbing interview since Sessions recused on the advice of ethics experts at the Justice Department and the overwhelming view of the bar.

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WASHINGTON ROCKED BY ALLEGED COVER UP WITHIN FOX NEWS

Screen Shot 2017-07-18 at 9.37.44 PM

Washington was rocked last night by another scandal with allegations of collusion and a true cover up.  As you can see in the above screenshot, I appeared on Fox News but my suit jacket did not.  The reason, dear readers, was that my jacket was lifted from the green room at Fox News shortly before I went on with Martha McCallum.  The culprit left a very small blue jacket in its place.  With minutes to go live, I had to choose between looking casual in shirt sleeves and looking fat in an undersized jacket.  Vanity won out over propriety.  But there remained growing questions of who knew about the jacket switch and when did they know it.  The culprit left the studio literally cloaked in the cover up that was once my jacket.

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Saudi Police Hunt Down Dangerous Woman Who Launched An Attack On Historic Fort In Miniskirt [UPDATED]

_96977823_mediaitem96971517The Saudi Kingdom is still leading the boycott of Qatar over its support for extremist Islamic groups.  However, the Kingdom has not stopped pursuing threats at home with an attack launched against a historic fort.  Saudi police are searching for this woman who has shocked the Kingdom by posting images of herself wearing a miniskirt in public. That’s right, the police are pursuing the case brought to them by the infamous Saudi morality police to bring the woman to justice. UPDATE: The Saudis have now arrested the woman in the miniskirt in the latest madness of Saudi extremist values.  

 

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Jared Kushner and The Precarious Line Between Inconsistency and Criminality

Below is my column in The Hill Newspaper exploring the legal liability for Jared Kushner.  While new media reports that some documents may have been turned over to the Trump aides in the infamous meeting with the Russian lawyer, there is no evidence of any prior or later conspiracy to commit a crime.  There is no specific crime of “collusion” and the meeting did not constitute prima facie evidence of any collateral crime.  That does not take away from the fact that Donald Trump Jr. wanted to collude. He agreed to go to a meeting with the understanding that the Russian government was sending over a lawyer with incriminating information.  He should have called the Justice Department.  Moreover, only a click-bait chump would have gone to that meeting. Now the Trump Administration will have to maintain the only thing that it has long eluded it: a consistent and coherent narrative.

Here is the column:

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