Category: Criminal law

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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Congress, Criminal law

Rep. Lee: Shooting Of Black Child By Black Suspects Is Still Possible Hate Crime Because It Was Hateful

A second suspect has been arrested in the shooting of 7-year-old Jazmine Barnes in Houston Texas. Larry Woodruffe was arrested in the drive-by shooting after the earlier arrest of Eric Black, Jr., 20.  Barnes was shot and killed on Dec. 30, while riding in a car with her mother and three siblings. She died at the scene and her mother, LaPorsha Washington, and her 6-year-old sister were both injured. Rep. Sheila Jackson Lee (D., Tx) previously called the shooting a hate crime when the suspect was alleged to be white. Now, however, Lee still insists that this should be prosecuted as a hate crime despite the fact that the two suspects are both African American.

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Bizarre, Criminal law, International

Finland’s Courts Just Ruled That Sex With A Ten-Year-Old Girl Was Not Rape

Statutory rape is a crime that has critics over its application and scope. Some object to the use of the law against teenage boys but not the girls in a consensual affair. Others object to cases where age is concealed or close to the age of majority or the other partner. However, few people disagree that sex with a child can ever be truly consensual . . . outside of Finland. Finland’s Supreme Court recently rejected the appeal filed by prosecutors of  a three-year prison sentence for sexual crimes. The lower courts rejected rape charges on the ground that the 10 year old girl consented to sex in 2016 with an adult man. The man, a 23-year-old asylum seeker, argued that he did not force the girl into the sexual relationship with him and the courts agreed.

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Bizarre, Criminal law, Politics, Society

Former Alabama Sheriff Who Used Inmate Food Funds To Buy Beach House Now Faces Allegations of Pocketing $1.5 Million In Federal Funds

We have previously discussed the shameful and corrupt law in Alabama that allowed sheriffs to personally pocket any money left over from food funds for inmates. It is astonishing to me that the entire legislature was not held responsible and thrown from office for maintaining such a moronic and perverse law. Nevertheless, despite scandals of sheriffs pocketing hundreds of thousands for beach houses and personal windfalls, the legislature ignored national outcry over the law. Now Sheriff Todd Entrekin of Etowah County, Alabama, may have finally gone too far. Not for Alabama, mind you, but the federal government which takes a different view of pilfering the public fisc. Entrekin, who lost his re-election this year after he was found to have pocketed $750,000 allotted for feeding inmates in county lockup and using it for a beach house, is facing new allegations that he took an additional $1.5 millions aside for feeding federal immigration detainees.

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Criminal law

City’s Shopping Cart Ordinance and the Punishment of Crime Victims

By Darren Smith, Weekend Contributor

I have noted over the years a trend to punish victims of crime. Yes, victims of crime. Punishment of property owners who’s buildings are tagged with graffiti, people who have had firearms stolen and then they were used in crimes, and now it is shopping carts stolen from retailers that have led to the City of Federal Way, Washington to pass an ordinance punishing the victims, the store owners, for having their shopping carts stolen.

While there does exist some limited case law in that a victim cannot be a suspect concurrently, ordinances such as this lead me to believe that the legislature should establish laws mandating that crime victims have a right not to be prosecuted as a result of being crime victims.

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Bizarre, Congress, Criminal law

Senator Renews Calls For An Investigation Into Sweetheart Deal Given Jeffrey Epstein After Abusing Dozens Of Young Girls

Sen. Ben Sasse, R.-Neb., has demanded an investigation into the sweetheart deal given to sex offender Jeffrey Epstein who was notorious for his infamous “Lolita Express” where he took friends like Bill Clinton by plane to his private estate on the Caribbean island of Little Saint James with young girls who allegedly were used as prostitutes.  Epstein was known for his preference for young women and powerful figures like Clinton were repeat guests.

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Animals, Bizarre, Criminal law, Lawyering

“You Love Those Dogs More Than You Love Me”: Chicago Attorney Arrested After Throwing Wife’s Dogs Off Balcony

Chicago attorney Jerald Jeske, 51, believed that his wife loved her two Chihuahuas more than she loved him. One could certainly understand why she would feel that way after he then proceeded to throw both dogs off their balcony. According to WGN-TV in Chicago reported, one was killed and one survived long enough to run off (and has not been found).

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Constitutional Law, Courts, Criminal law

Did The Supreme Court Just Rule For The First Time On A Mueller Matter?

It is called In re Grand Jury Subpoena No. 18-3071 and it just might be the first ruling on an issue in the investigation of Special Counsel Robert Mueller by the Supreme Court. The U.S. Court of Appeals for the D.C. Circuit recently ruled on the matter under seal involving a corporation presumably owned by a foreign government. The corporation lost in its bid to quash the subpoena under the protections of the Foreign Sovereign Immunities Act. The D.C. Circuit imposed a daily fine, which was enjoined by Chief Justice John Roberts on Sunday night. While not a ruling on the merit, it could be a historical moment as the first Mueller matter to make it to the Court.

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Columns, Constitutional Law, Criminal law, Lawyering, Politics

The Barr Memo: Why Reasoned Discourse Should Not Be A Bar To Confirmation

Below is my column in Fox.com on the Barr memorandum that has garnered so much attention. As I noted, I do not agree with the ultimate conclusion of the research that the obstruction provision could not be the foundation for a subpoena to require President Donald Trump to answer questions. However, the memo is a well-reasoned and thoughtful treatment of the issue. Moreover, I agree with Barr (as I have stated since 2017) that critics were stretching obstruction provisions to the breaking point in their blind effort to turn every act into a crime. Indeed, while I do not necessary view the memo as a strong case against obstruction, it is part of a strong case for confirmation.

Here is the column:

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