Category: Criminal law

Columns, Criminal law

Did Manafort Play Mueller?

The sentencing of Paul Manafort in Washington, D.C. has extended his low prior sentencing to seven and a half years. While that is no walk in the park for a frail person about to turn 70, it is far less than the 35 years that he was faced with in the two cases. It is hardly an overwhelming sentence and, absent his age, it would be viewed as relatively light. That raises the question address in my earlier column in USA Today. Of course, the addition of the state charges could now make all of this a moot point if Manafort is convicted on the new 16 counts.

Below is the column:

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Criminal law

Manafort Sentenced To 73 Months

The former chair of the Trump campaign, Paul Manafort, has received his second sentence from U.S. District Judge Amy Berman Jackson of Washington, D.C. Jackson sentenced Manafort to 73 months in prison with 30 months of the sentence running consecutively with his Virginia sentence. That would leave an addition of 43 months to run consecutively. That would extend his sentence to seven and a half years. In the federal system, there is an allowance for 15 percent good behavior (there is no parole) plus his time served (9 months). That could result in a release around November 2024.

The sentence ends the criminal process for Manafort except for his serving of the sentence and the possibility of a pardon from President Donald Trump. The sentencing was a critical moment not just for Manafort but Special Counsel Robert Mueller. I just wrote a column for USA Today on how this sentence would establish whether Mueller was played by Manafort. Since he was looking at roughly 35 years in both cases, this is still a light sentence outcome for Manafort.

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Academia, Criminal law

Bribery Scandal Rocks Higher Education

Higher education has been rocked by the extraordinary crackdown on the purchasing of admissions into some of the country’s top universities and colleges by wealthy families. The scheme by William “Rick” Singer, 58, raked in as much as $2.5 million per student through his Edge College & Career Network. Schools have long catered to the families of major donors. Jared Kushner for example has long been accused of getting into Harvard with mediocre grades after his father pledged $2.5 million. This scandal however is far more organized and widespread. That is most striking about the sting operation code-named “Operation Varsity Blues” is that, among almost 50 arrested individuals, are the large number of parents who are being charged.

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Animals, Criminal law, Environment

Maryland Man Under Investigation After Disturbing Video Of His Jumping On A Pelican


According to the Baltimore Sun, a Maryland man is now under investigation following a disturbing video in which he jumps on a pelican floating in the water in the Florida Keys. Hunter Hardesty of Davidsonville posted the video to his Facebook account and appeared surprised that a wide array of readers condemned his harmful and juvenile conduct.

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Columns, Congress, Criminal law, Politics

Crucifixion or Freedom? Cohen Forces Cummings Into A Most Unwelcomed Choice

Below is my column in The Hill on alleged perjury committed by Michael Cohen before the House Oversight Committee after being warned that any repeat of his earlier perjury would trigger an immediate referral for prosecution. This week, a leading Democrat said that she thought a referral was likely given the conflicts in Cohen’s testimony. For Cohen, it could be the greatest miscalculation seen on Capitol Hill since William J. Jefferson thought his freezer was a good repository for bribes. Cohen did what he has always done. He found a way to be useful to people who could do him some good. That is what he did for Trump as a legal thug. He then did it for Mueller as a cooperating witness and now he is trying to do it again as a turncoat for Congress. The problem is that Cohen remains unencumbered by truth or ethics. Cohen viewed his interest in being indispensable in giving Democrats what they wanted the most: Trump. The problem is that he has now put the Democrats, and particularly Chairman Elijah Cummings, in a glaringly hypocritical position if they do not refer the matter for prosecution.

Here is the column:

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Bizarre, Criminal law

Judge: Manafort Refused to Apologize and Stole Millions in “Very Serious Crimes” . . . But Deserves Only 47 Months

In what could well be the greatest disconnect in the history of sentencing hearings, Judge T.S. Ellis III noted that Paul Manafort had refused to apologize for “very serious crimes” worth millions but then gave Manafort a fraction of what Special Counsel Robert Mueller had requested. Rather than the 19-24 years requested (and allowed under the guidelines), Manafort received 47 months with nine months cut off for time served. Thus, he will serve just 38 months for eight serious felonies. Manafort will receive three years of supervised release, and pay a $50,000 fine and $24 million in restitution.

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Courts, Criminal law

Turley To Speak At ABA Conference in New Orleans

I have the honor of speaking on a distinguished panel at the American Bar Association’s 33rd Annual National Institute on White Collar Crime in New Orleans. The panel is the final event for the conference entitled “Ethical Challenges Raised by the Conduct of Prosecutors, Defense Counsel, and Legal Commentators During High Profile Cases.” The panel will start on Friday from 9:45 – 11:45 at the Hilton Riverside.

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Congress, Criminal law, Lawyering, Politics

WSJ: Michael Cohen’s Lawyer Asked Trump Legal Team About Pardon

One of the curious aspects of the public hearing before the House Oversight Committee was the limited interest in past discussions of a pardon by Cohen with Trump or his legal team. Only a passing reference was made in the hearing, but Cohen said unequivocally that “I have never asked for, nor would I accept, a pardon from Mr. Trump.” The Wall Street Journal has a report that cast some doubt on that sworn statement. It is reporting that Cohen’s lawyer at the time Stephen Ryan not only pressed for a pardon after the FBI raid on Cohen but suggested that, absent a pardon, he might flip. If true, the story could be another instance where the truth of Cohen’s testimony is subject to challenge despite a pledge from the Committee Chair Elijah Cummings that he would push for a perjury prosecution for any false statements. Cohen already has been accused of perjury and there has already been a call for a request for a perjury investigation from GOP members.

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Columns, Congress, Criminal law

Rosenstein’s Revenge: Trump To Fight 100 Duck-Sized Horses

Below is my column in The Hill newspaper on how President Donald Trump may be facing a changing threat as the Special Counsel moves closer to submitting his final report and new allegations of criminal conduct have been raised by Michael Cohen and the Southern District of New York. There are viable criminal allegations raised with regard to Donald Trump’s business practices as well as his payment of hush money to alleged former mistresses. However, some of these claims present their own challenges as criminal theories.

Here is the column:

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Columns, Criminal law, Politics

Cohen Gives Democrats Roadmap For Collateral Crimes

Below is my column in The Hill newspaper on the implications of the testimony of Michael Cohen last week. This weekend, House and Senate Democrats publicly claimed to have evidence of obstruction and collusion, though the most important news is that all of the Committees are issuing a storm of subpoenas.

Here is the column:

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Academia, Criminal law

Berkeley Police Arrest Attacker Of Conservative Activist

Zachary Greenberg, 28, has been arrested by Berkeley police after the attack on conservative activist Hayden Williams, 26, on UC Berkeley campus while trying to recruit students for a conservative group. While President Donald Trump encouraged Williams to sue Berkeley, the university actually condemned the attack and launched an investigation. For that reason, I cannot understand Trump’s criticism. I have objected to the treatment of conservatives on campuses including Berkeley, but in this instance the university seems to have acted quickly and responsibly. I fail to be the basis for a lawsuit against the university or the President’s attack on the university’s actions.

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Criminal law, Lawyering, Media

Dershowitz Under Fire For Move That Could Partially Close Hearing On Infamous Epstein Case

Media groups are contesting an effort by Alan Dershowitz to close part of the oral arguments before the Second Circuit in the ongoing litigation over the handling of the case of his former client, Jeffrey Epstein (left), who was an alleged sex trafficker for powerful men ranging from Bill Clinton to Dershowitz himself. Dershowitz has denied the allegations of one of Epstein’s alleged victims that she was coerced into having sex with Dershowitz.

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Criminal law, Lawyering

Michael Cohen Disbarred In New York

As someone who has called for the disbarment of Michael Cohen for well over a year, the belated decision by the New York bar this week to disbar the disgraced lawyer is welcomed news. There are few ex-lawyers that you can say this about, but the removal of Cohen from the bar has materially improved the value of everyone’s license across the country.

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