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.
Continue reading “Michael Cohen Disbarred In New York”
Occasionally we discuss great and not-so-great defenses in litigation. This would fall under the latter. Robert Richter, the attorney for Cardinal George Pell in his sentencing hearing for sexual assault, shocked many with his assurance to the court that one of the incidents was a “plain vanilla sexual penetration case where the child is not actively participating.” It is a a statement that seems tailored to destroy any chance of leniency for your client. On the legal Richter scale, that would be a 9 or more level argument with total destruction.
Continue reading “The “Plain Vanilla” Rape Defense: Counsel For Former Vatican Treasurer Shocks Court With Claim For Lower Sentence”
I have previously expressed my outrage at the position of the Trump Administration in failing to hold Saudi Arabia’s Crown Prince Mohammed bin Salman accountable in the murder of Washington Post journalist Jamal Khashoggi at the Saudi consulate in Istanbul last year. The evidence is overwhelming that the Crown Prince (who has a blood-soaked reign in the Kingdom) ordered the savage murder. Now, the Crown Prince is doing a world tour and assembling fawning leaders to show that he is effectively immune from such quaint notions as murdering journalists. Countries like Pakistan have accepted billions from the Kingdom and are now pandering to the Crown Prince, including giving the accused murderer a gold-plated submachine gun.
Continue reading “Putting The Capital Back Into Capital Murder: Saudi Crown Prince Gathers Fawning Leaders To Prove His Immunity”
Below is my column in The Hill newspaper on status of the Mueller investigation and what we have learned about Russian collusion. On Friday, Mueller filed what could be his last major filing before the submission of his report to Attorney General Bill Barr. It was the Manafort sentencing report and, once again, it was long on Ukrainian and short on Russian collusion. Indeed, Manafort’s lobbying efforts were designed to help Ukrainian figures on issues stemming from their internal political tensions and investigations. For example, the highly detailed filing discusses how Manafort was given millions to further a “furtive activity in connection with the United States’s consideration of a resolution condemning Ukraine for President Yanukovych’s locking up his political opponent Tymoshenko.” Mueller discusses the focus of Mueller’s work as “lobbying for Ukraine.” While Mueller could still present evidence of Russian collusion, this filing continues a notable trend in the omission of such evidence by key players. If Manafort was an agent for Russia, it would likely have been mentioned in his sentencing report and used as the basis of either a FARA or related charge. Instead, the filing shows Manafort was working for Ukrainian not Russian interests in these criminal enterprises.
Here is the column:
Continue reading “Is Mueller Uncovering Ukrainian Rather Than Russian Collusion?”
With the ruling of Judge Kenneth A. Marra of Federal District Court in West Palm Beach on the obscene plea deal with Jeffrey E. Epstein, it is time for Labor Secretary Alexander Acosta to resign. Marra found, as many of us have long argued, that the deal cut by Acosta violated federal law and allowed the infamous financier to get a disgracefully low sentence. Many of us objected to his nomination by President Donald Trump and condemned the Senate for confirming him. It is now time for him to resign.
Continue reading “IT IS TIME FOR ACOSTA TO RESIGN”
While we discussed another Louisiana case involving the attempted killing of a llama, there is an equally interesting case out of Lafayette (where I once lived) involving Maegan Adkins-Barras, 32. Adkins-Barras has been charged on an obscure state law for sharing a videotape of a fight at her son’s high school. The case raises some significant constitutional concerns.
Continue reading “Louisiana Mom Charged Criminally For Sharing Video Of Fight At Son’s School”
There is a disturbing case in Richmond, Virginia where Michelle Renay Sutherland, 45, was to be held without bond after recreating the scene from the Virginia flag in a demonstration in support of the Equal Rights Amendment. As shown on the flag, Sutherland exposed one breast and was arrested for a misdemeanor of indecent exposure. The arrest itself raises concerns but the greater concern is the fact that Sutherland was to be held for more than a month without a bond on a misdemeanor charge. Richmond Judge Lawrence B. Cann III initially ordered Sutherland to remain in jail without bond but later apologized and granted a bond after public outcry.
Continue reading “Court Reverses Order To Hold Activist For A Month Until Trial For Exposure Of A Breast”
“Empire” actor Jussie Smollett has been charged with one count of felony disorderly conduct for filing a false police report. Smollett claimed that white men wearing Trump’s signature MAGA hats jumped out of a car and screamed “This is MAGA country, n****r” and beat him and put a noose around his neck. Various networks and cable stations like CNN ran with the story as a horrific attack and an example of rising hate crimes during the Trump Administration.
Continue reading “Smollett Charged With Reporting False Hate Crime [Updated]”
There are various arguments for the death penalty from deterrence to retribution to efficiency to morality. However, Sen. Lynn Hutchings, R-Cheyenne, offered a particularly unique defense: if it was good enough for Jesus, the death penalty is good enough for everyone else.
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One of my favorite scenes from the comedy “The President’s Analyst” was when actor James Coburn (the overly cerebral, new-age psychiatrist) grabs an M-16 and sprays approaching lines of telephone company security guards while screaming “Take that you hostile son of a . . . ” The scene came to mind this week with the arrest of James Phillips, 57, of Cottontown, Tennessee, who reacted to a couple wearing “Make America Great Again” (MAGA) hats at a Sam’s Club by pulling out a gun and threatening, “It’s a good day for you to die.” That will show those unhinged MAGA people.
Continue reading ““It’s A Good Day For You To Die”: Tennessee Man Allegedly Pulls Gun On Couple Wearing MAGA Hats”
Various reports indicate that Chicago Police may be building a case against “Empire” actor Jussie Smollett for a staged and false reported hate crime that attracted widespread condemnation and outcry. Smollett claimed that white men wearing Trump’s signature MAGA hats jumped out of a car and screamed “This is MAGA country, n****r” and beat him and put a noose around his neck. Various networks and cable stations like CNN ran with the story as a horrific attack and an example of rising hate crimes during the Trump Administration. Presidential candidate Cory Booker called the attack an “attempted modern-day lynching” though he now is saying that he is “withholding his judgment.” Two Nigerian brothers have been arrested and reportedly implicated Smollett in the hoax. If true, Smollett could be looking at years in jail.
Continue reading “Two Nigerian Brothers Reportedly Implicated “Empire” Actor Smollett In Hoax Hate Crime”
Below is my column in The Hill newspaper on the known basis for an obstruction case against President Donald Trump. While much more has been learned since the appointment of the Special Counsel, there remains considerable doubt about a prosecutable case for obstruction.
Here is the column:
Continue reading “Fight or Flight: Why An Obstruction Case Against Trump Is Likely To Fail”
Paul Manafort added to his burgeoning record of alleged crimes and falsehoods this week with a decision from U.S. District Court Judge Amy Berman Jackson that he had broken his cooperation agreement with Special Counsel Robert Mueller by making false statements and withholding information. The result could be devastating for Manafort who will now face sentencing without the benefit of the plea deal that he struck with Mueller. That could mean that, absent a pardon from President Donald Trump, Manafort could die in prison since he is looking at decades of potential jail time.
Continue reading “Manafort Loses Plea Deal After Judge Finds False Statements To Special Counsel”
I have been a long critic of Trump former counsel Michael Cohen whose lack of legal skills is only surpassed by his lack of legal ethics (here and here and here and here and here and here). Cohen is a serial liar and legal thug who committed various tax and fraud crimes worth millions. Cohen was given an absurdly low sentence by U.S. District Judge William H. Pauley III who fell for the latest dubious pitch of Cohen. While a teenager will get twice as much time for robbing a store for $1000, Cohen got just three years for stealing millions and lying under oath. He then was called to appear before Congress and worked a new sham as the redemptive sinner. Yet, there is always a warning of Caveat Emptor that comes with dealing with Cohen: buyer beware. Cohen has now postponed testimony repeatedly in Congress. The latest excuse was his health — a claim that was refuted by a videotape showing him enjoying a night out on the town at an expensive restaurant the night before.
Continue reading “Cohen Goes Out On The Town After Postponing Testimony Again For Health Reasons”
Democrats have (for good reason) criticized President Donald Trump for his signature campaign rally chant of “Lock her up” in referring to his then opponent Hillary Clinton.. Many of us objected to the display as obnoxious and demeaning to our political system. That objection apparently does not hold when a Democratic candidate, in this case Elizabeth Warren, is referencing Donald Trump as being locked up. Warren received the predictably wild applause to her suggestion in a campaign rally that Trump will be in prison by 2020.
Continue reading “Lock Him Up? Warren Suggests Trump Will Go To Prison Before 2020”