I have been discussing the dubious claims of criminal liability over the meeting of Donald Trump Jr. with a Russian lawyer at Trump Tower. As I have mentioned, there is a legitimate reason to investigate this latest undisclosed meeting, though the overheated rhetoric on possible (if not imminent) criminal charges is bizarre. This morning on CNN, Sen. Richard Blumenthal raised possible charges of espionage and treason. Putting aside the facially weak foundation for such charges, I must again note that the underlying narrative around this meeting remains rather speculative and unbelievable. I have worked on the legal side of national security investigations for decades in both espionage and terrorism cases. As I said when this meeting first surfaced, none of this makes sense as an actual Russian intelligence operation as opposed to a rather transparent “bait-and-switch.” If this is a Russian spy mystery, it hardly makes for a sequel of Le Carre’s “Tinker, Tailor, Soldier, Spy.”
Category: Criminal law
Below is my most recent column in the Hill Newspaper on the latest round of predictions of possible criminal charges against the Trump family.
Continue reading “The Media Rorschach Test And The Russian Meeting”
Below is my column in the Hill Newspaper on the curious coverage surrounding James Comey and his leaking of his memos on meetings with President Donald Trump. With the confirmation hearings of Comey’s replacement, Chris Wray, today, the status of the memos may come up in the Senate.
Here is the column:
Continue reading “Printing The Legend: The Growing Gap Between Comey’s Image and Actions”
Yesterday, I posted a column in the Hill detailing how the media and various legal experts have worked mightily to avoid the fact that former FBI Director James Comey (1) leaked his memos to the media, (2) the memos were presumptively government material, and (3) the memos were likely classified and/or privileged under long-standing FBI rules. As I said in the column and in earlier columns, none of this takes away from the underlying allegations or the importance of the investigation into possible obstruction of justice. However, the response to the recent Senate Homeland Security majority report and the Hill Newspaper story was precisely what the column discussed: a concerted effort to deny any wrongdoing by Comey (who has assumed the position of an immaculate hero in this political narrative). One such denial of any wrongdoing came from Comey’s friend Columbia Law Professor Daniel Richman. Professor Richman invoked a familiar defense: the memos he was given had no classification markings – the very same defense made by Hillary Clinton and rejected by then FBI Director James Comey.
The New York Times is reporting that “Donald Trump Jr. was informed in an email that the material was part of a Russian government effort to aid his father’s candidacy.” That would be a significant development in supporting allegations of “collusion.” I am still skeptical of the alleged crime of collusion and even more skeptical of the alleged crime related to this meeting. I am also confused by the NYT story which says that the email from publicist Rob Goldstone acknowledged that the information was coming from the Kremlin but the article quotes Goldstone in saying that he had no knowledge of any such connection to the Russian government.
Richard Painter, an ethics lawyer under former President George W. Bush, has declared that the meeting of Donald Trump Jr., with a Russian lawyer who claimed to have compromising information on Hillary Clinton during the campaign, “borders on treason.” Others have said that the disclosure could be the long sought after “smoking gun” on collusion and evidence of criminal conduct. I am afraid that I have to continue my record as something of a “buzz kill” on these stories. There is not a clear criminal act in such a meeting based on the information that we have. Moreover, it is not necessarily unprecedented.
The arrest of William Rian Adams, 35, in Florida for assault after pointing a handgun at another driver is tragically not unique. However, what is a bit more unusual is that fact that Adams is the rector of Calvary Episcopal Church in Fletcher, just south of Asheville.
Continue reading “North Carolina Minister Arrested for Brandishing A Weapon”
We often debate on how one should take a mug shot. Mark Prichard, 59, went with the “I’m really happy” approach. His crime however was less joyful. He was arrested after allegedly making threatening comments toward Arizona Sen. Jeff Flake’s staff that referenced the shooting of House Majority Whip Steve Scalise. There is an interesting First Amendment issue raised by some of the charges against Prichard.
With Congress moving to give the Trump Administration authority to withhold grants from sanctuary cities, California is moving to become a sanctuary state. Under Senate Bill 54, the “California Values Act,” state and local law enforcement would be prevented from cooperating with the federal government in the deportation of illegal immigrants. The bill would bar such actions even for undocumented immigrants who have committed serious crime (given a narrow definition of “serious felonies”).
Meet Steven Marks, 32, a Trump supporter who decided that it was a brilliant idea to write anti-Trump slogans on the Morley Elementary School in West Hartford man to frame liberals. He succeeded (with the help of the school security system) only in implicating himself.
Continue reading “Trump Supporter Admits Writing Anti-Trump Graffiti On School To Frame Liberals”
We have two more felons undone by social media habits. Logan Brooke Larrimore, 18, and Farren Marie Lane, 18, decided to break into a South Carolina water park and then posted pictures on Snapchat of themselves enjoying the slides and Italian ices. It did not take long for the police to track them down and they now facing felony charges.
As many on this blog know, I am hold a near absolutist view of free speech that has led me to long criticize hate speech laws around the world. We are seeing a steady expansion of criminalized speech, often under ill-defined or highly subjective standards. That is why a recent decision of a court in Cape Town caught my eye. A controversial art display inSouth African National Gallery entitled Fuck White People was reviewed by the Cape Town Magistrate. The court declared that the display, including both art, tee-shirts, and other items was not hate speech. I am always relieved when free speech prevails over criminalization. However, there is still uncertainty over the standard. Because the artist invoked the struggle of Albert Luthuli and Nelson Mandela, the campaign was deemed non-hateful speech. Would that have been the same result is an Afrikaner printed works and tee-shirts with the same message about Black people? Again, the point is not to disagree with the ruling. The point is that speech regulation often rests on uncertain and shifting standards.
Continue reading “Court: “F**K White People” Not Hate Speech”
One would think that, after Cedric Jelks accidentally shot himself in the penis, most police and prosecutors would consider the act to be punishment enough. However, the 38-year-old Jacksonville man is a convicted felon and was not allowed to possess a gun. He may now be criminally charged on top of his self-inflicted injury.
Continue reading “Adding Insult To Injury: Man Who Shot Himself May Face Criminal Charges”
We have previously discussed how employees are now routinely fired for acting inappropriately in their private lives. Such is the case with Ken Pagan who decided that it was a good idea to throw a beer at a Baltimore Orioles player in the seventh inning in the wild card game last year. Pagan was fired by Postmedia Network Inc. once his name emerged in the subsequent coverage. Now Pagan has pleaded guilty to mischief in a plea bargain.
Continue reading “Blue Jays Fan Pleads Guilty To Being Beer Can Tosser”
Ricky Q. Caldwell, 52, has announced his retirement. Caldwell’s career was crime and, like Michael Phelps and Michael Jordan, he has previously announced his retirement. However, when called before the court for his 66th conviction, Caldwell told Court Justice Richard C. Kloch Sr. “In my illustrious career, I apologize, and I retire.”
Continue reading ““I Retire”: Career Prisoner Announced Retirement At 66th Conviction”