Category: Criminal law

Criminal law, International, Religion, Society

Saudi Sisters Commit Suicide After Reportedly Seeking Asylum
First photos of Saudi sisters found duct-taped together released

We previously discussed the plight of a young teenage girl who fought for asylum rather than return to the medieval laws of Saudi Arabia where women must live without equal rights or opportunities. The case for asylum of woman from our “close ally” is strong given the violence meted out to women who seek to express their own views or pick their own future, let alone their own religion. The stark choice for women was tragically evident this week when a medical examiner confirmed that two young sisters chose to die together rather than return to Saudi Arabia. Tala Farea, 16, and Rotana Farea, 22, reportedly wanted asylum but when their credit card ran out of money, they bound themselves together and threw themselves into the Hudson River, according to chief Medical Examiner Barbara Sampson as said in an official statement.

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Bizarre, Criminal law

Wisconsin Man Chops Up His Own Home When He Thinks His Wife Damaged His Action Figures

I guess you can call it The Adventures of Axe Man. In Madison, Wisconsin, a 34-year-old man went into a rage when he believed that his wife had damaged his collection of action figures. He grabbed an axe and proceeded to destroy much of his house and car. He then called police on himself. This all makes the charges rather interesting.

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Bizarre, Constitutional Law, Criminal law, Politics

Will Michael Cohen’s Father-in-Law Sue Giuliani For Defamation?

In Washington, it is all too common for public figures to exchange uncorroborated allegations. Often the most telling factor is to wait to see who actually sues for defamation. We are at that point in the controversy surrounding the Buzzfeed story after Trump counsel Rudy Giuliani made what would be arguably defamatory statements against the father-in-law of Michael Cohen on national television . . . if the statements are untrue. The question is whether Fima Shusterman will sue over being called a criminal working with Ukrainian organized crime.

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Columns, Criminal law, Media, Politics

THE BUZZFEED STORY FOLLOWS A PATTERN OF BOOM AND BUST STORIES

Below is my column in The Hill newspaper on the controversy over the Buzzfeed story of President Donald Trump allegedly telling his former counsel Michael Cohen to lie to Congress. This weekend BuzzFeed stood by its story, though it declined to explain a disturbing discrepancy in the account. I disagreed with the call of Rudy Giuliani to investigate or sue BuzzFeed. If BuzzFeed had two officials associated with the Special Counsel making these allegations, it was right to run the story. My criticism is how the story was overblown by experts and members of Congress as a “slam dunk’ case for prosecution and impeachment despite the absence of any clear evidence or corroboration.

Here is the column:

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Bizarre, Criminal law

“Not Very Clever”: Man Robs Bank Without Disguise, Used Taxi To Get Away, and Paid Hotel With Dyed Money

There are some felons who simply need to go to jail for a lack of effort. Andre Edwards, 41, not only robbed three banks without any disguise but then called a taxi as a getaway car. He then paid his hotel bill with money showing the red dye used by banks to mark stolen money.

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Columns, Congress, Constitutional Law, Criminal law, Politics

The House Has A Duty To Impeach If They Find High Crimes and Misdemeanors By Trump

Below is my column in USA Today on the recent statements by various Democratic leaders that they are unlikely to pursue impeachment because they do not have the votes in the Senate to convict. While many members pushed the impeachment angle during the campaign, there was a shift on the issue after the Democrats took office. Almost immediately after the election, senior Democrats changed course and began to dismiss calls for impeachment as “fruitless” and a distraction. Rep. Eleanor Holmes Norton declared impeachment to be “a useless waste of energy” and asked “Why would we go down the impeachment road when we cannot get it through the Senate?” 

I have repeatedly said that I do not see the strong foundation for an impeachment against Trump. However, these comments raise a more fundamental question about how members should approach their duties under Article I irrespective of the President. Members often pull a bait-and-switch with gullible voters, but they should not manufacture a new constitutional standard. If they truly believe that any president has committed high crimes and misdemeanors, they have a sworn duty to vote for impeachment.

Here is the column:

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Congress, Constitutional Law, Criminal law, Politics

Report: Trump Told Cohen To Lie To Congress

There is a new report out today that President Donald Trump directed his attorney Michael Cohen to lie to Congress about negotiations to build a Trump Tower in Moscow. The sources are described as two federal law enforcement officials involved in an investigation of the matter. It is not clear if that means two officials currently involved or previously involved (which would include some of the fired or removed officials like Andrew McCabe or James Comey). Nevertheless, if true, such an allegation could easily be translated into a criminal allegation or article of impeachment. It comes down to the proof. What is clear is that, if the proof is Cohen alone, they have work to do on this one. Cohen is a serial liar and felon. I have written that I agree with the Democrats in calling him to testify and that his testimony could prove useful in giving needed details. However, Cohen is about as credible as a mob torpedo without being thoroughly and completely verified by more credible sources. There are also some gaps in the story as well as obvious defenses.

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Criminal law, Lawyering, Media, Politics

Giuliani: “I Never Said There Was No Collusion Between The Campaign, Or People In The Campaign”

Another interview, another controversy. Trump counsel Rudy Giuliani has found himself in another firestorm after telling CNN host Chris Cuomo: “I never said there was no collusion between the campaign, or people in the campaign.” The problem is that his client has . . . repeatedly.

Update: In what has become a pattern, Giuliani spent the next today walking back his statements.

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Bizarre, Criminal law

Special Counsel: Manafort Lied About Contacts With White House After Plea Agreement

I have previously written about the reported contacts of former Trump campaign chair Paul Manafort and White House or Trump team members. If true, it was a remarkably reckless act on both sides and could further jeopardize confidentiality protections. Now, in a response to Manafort, Special Counsel Robert Mueller filed a redacted account of Manafort’s alleged false statements and non-cooperation to prosecutors. The most interesting item from my perspective was confirmation that the Special Counsel is supplying what it says is direct proof that Manafort misrepresented or lied about the contacts with the Trump team.

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Columns, Congress, Constitutional Law, Criminal law, Justice, Lawyering, Media, Politics

Witch Hunt or Mole Hunt? The Times Bombshell Could Blow Up Both Sides

Below is my column in The Hill newspaper on the recent disclosure that the FBI opened an investigation into whether President Donald Trump was working for Russia after his firing of former FBI Director James Comey. In reading the story, it struck me that the emerging picture from early 2017 looks increasingly like a study in cognitive bias. Indeed, it raises a rather intriguing possibility that both sides may feed each other in reaching the wrong conclusions.

Here is the column:

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Columns, Congress, Criminal law, Politics

Trust But Verify: Cohen To Return To Congress In Role Of Reformed Sinner

Below is my earlier column on the scheduling of testimony for President Donald Trump’s former lawyer, Michael Cohen. The new Democratic majority is right to call Cohen who, while he will not discuss matters under investigation with the Special Counsel, can supply needed details on his allegations on other alleged crimes. While he may bring new details, he will bring little credibility as a proven serial liar. Nonetheless, he joins a long line of disreputable characters called before Congress. They are a necessary cost of oversight in some scandals, but Cohen’s record demands more than the usual degree of corroboration. Any oath that Cohen takes at this point will be viewed as a moment worthy of its own laugh track.

Here is the column:

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Constitutional Law, Criminal law, Free Speech, International

Saudi Teenager Continues Standoff In Thailand In Seeking Asylum

There remains confusion in Thailand over the fate of Rahaf Mohammed al-Qunun, 18, who is seeking asylum after renouncing Islam and refusing to be treated as chattel under the medieval laws of Saudi Arabia. We have previously discussed the sexist and repressive laws imposed on women in the Kingdom, making adult women effective wards of male family members, including younger siblings or family members. Since the Saudis kill people for apostasy, the fear of this young woman is real and immediate. She is deserving of asylum and the United States should show that it truly believes in women’s rights and step forward to give her protection against our Saudi allies.

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Criminal law, Media, Politics

New York Times Issues Retraction In Bombshell Collusion Story

The New York Times caused a firestorm over its reporting that former Trump campaign manager Paul Manafort attempted to pass internal Trump campaign data to a Russia oligarch with close ties to Vladimir Putin during the 2016 presidential race. Various sites declared the story by reporters Sharon LaFraniere, Kenneth P. Vogel and Maggie Haberman as the final corroboration of collusion between the Russians and the Trump campaign. However, the New York Times later retracted the key connection to a Russian oligarch.

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Bizarre, Constitutional Law, Criminal law, Torts

Police Search For Rapist After Woman in Vegetative State For Ten Years Gives Birth In Arizona Facility

Regulars on this blog are familiar with the doctrine of res ipsa loquitur (or “the thing speaks for itself”). One twisted case near Phoenix, Arizona would certainly seem to fit that definition after a patient in a vegetative state gave birth. AZ Family reported that he victim is a member of the San Carlos Apache Tribe who nearly drowned 10 years ago. Police or the company may seek DNA samples from all male employees at Hacienda HealthCare. In this case, a positive match would by definition confirm rape given the non-consensual context.

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