Category: Criminal law

Former Senate Intelligence Committee Staffer Sentenced For Lying To The FBI

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James Wolfe, the former head of security for the Senate Intelligence Committee, was sentenced on Thursday for lying to the FBI about leaking information to reporters. The sentencing hearing by US District Judge Ketanji Brown Jackson stood in sharp contrast to the one held by Judge Emmet Sullivan with former National Security Advisor Michael Flynn. Notably, despite being head of security for a committee with highly sensitive information, Jackson handed down only a two month sentence. In contrast, Sullivan indicated that he was inclined to send Flynn away for serious time and that the hearing took on a bizarre note with references to treason and being an effective foreign mole in the White House. Wolfe asked for a sentence in the same zero to six month range as Flynn, but the prosecutors asked for a “departure” for two years.

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Former NASA Engineer Sabotages Thieves With Glitter Bomb After Police Refuse To Help [Updated]

A YouTube video has gone viral, showing a former NASA engineer, Mark Rober, who got tired of constantly have delivered boxes stolen from this front door in California. His glitter bomb device is worth watching below but what really drew me to the story was the reason. Like millions of people, we are having holiday gifts delivered and worry about the rising theft rate of such deliveries. If you are wondering why, this story give ample explanation. When Rober called police, they told him that they could not be bothered with such thefts. It is maddening. It seems that we get less and less for our taxes. Police protection is the most basic public function covered by taxes and yet the police simply treat this rising crime trend as none of their business. [Update: In a weird twist, Rober says that he has learned that a couple reactions from the alleged thieves may have been staged without his knowledge by associates. He has removed those scenes.]

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The Curious Tale Of The Flynn Sentencing Hearing

Below is a column on the Flynn’s sentencing hearing and the curious turn of events in the case. He is now scheduled for a new sentencing hearing in March 2019. Interestingly, while I have repeatedly stated in print and television that Flynn does not deserve sympathy, I have been widely quoted as saying that I have called for such sympathy. My point is simply that there are serious concerns raised by how this interview was handled, including the intentional effort to have Flynn interviewed without counsel. Moreover, it is possible to denounce such false statements without exaggerating the specific crime itself. It is still unclear why Flynn lied when the conversation of such sanctions was not strange or improper. Indeed, the Administration publicly was saying that it wanted a new start with Russia and would reexamine all aspects of the relationship. The hearing however quickly went off the rails. I have a great deal of respect for Judge Emmet Sullivan and have appeared before him on countless occasions. But this hearing took a radical departure from the record and the specific crime being addressed in sentencing.

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Giuliani Admits That Trump Did Sign The Previously Stated “Unsigned” Moscow Letter But Calls It All “Bulls**t”

I have previously discussed the problematic advocacy of Donald Trump’s lawyer Rudy Giuliani, including repeated corrections of his statements on national television.  The latest correction was to Giuliani’s insistence that, while Trump did continue to discuss a Moscow deal far later than previously claims, the thrust of the deal came down to an “unsigned letter.”  That latest representation lasted only a few hours when the signed letter was found.  Now, Giuliani is saying the letter was signed but it is just “bulls**t.”  Again, I fail to see how this meets the standard of effective and professional representation.

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Pushing the Envelope: Man Reportedly Commits Brazen Theft at Airport

It is rare to see a brazen act of theft committed in public but a video shows this man casually taking envelopes of cash containing $9,000 at a security checkpoint in Rome.  The man’s calm demeanor is striking as he takes the money literally from the man behind him going through security.

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“Let’s Just Send A Couple Of Guys Over”: Comey Admits Another Violation Of Department Protocol and Policy

Below is my column in The Hill Newspaper on the recent admission by James Comey that he intentionally circumvented the White House Counsel and Justice Department protocol to send two agents to interview then National Security Adviser Michael Flynn.  It is a subject that will hopefully be raised this week when Comey appears again before Congress on Monday. Comey describes his sudden realization that he could “get away with” sending “a couple guys over” to the White House. Comey’s epiphany could be his epitaph. 

Here is the column:

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Deporter in Chief: Deportations Under Obama Still Higher Than Under Trump

For both Democrats and Republicans, the recent deportation numbers may come as something of an unpleasant surprise. It turns out the President Barack Obama deported more illegal immigrants than Trump even after two years of Trump’s controversial immigration policies.

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Federal Judge Orders Mueller To Turn Over Flynn Material

In a surprising move, U.S. District Judge Emmet G. Sullivan ordered Mueller late Wednesday to turn over all of the government’s documents and “memoranda” related to Flynn’s questioning. This follows a Flynn filing that described an effective trap set by agents who encouraged him not to bring a lawyer and left inconsistencies unaddressed in what has been described by critics as a “perjury trap.”  I have practiced in front of Judge Sullivan for years and he is a respected judge who has a keen eye for prosecutorial and investigative abuse.  That does not mean that he will find such abuse here and could ultimately make a finding that nothing improper occurred.  Yet, despite a recommendation of no jail time, Sullivan wants to review the entire record before deciding on the issue.

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Reality Check: Why Trump Is Neither Vindicated Or Vanquished By The Recent Filings

Below is my column in The Hill Newspaper on the unrestrained hype on both sides after the recent filings by the Special Counsel and U.S. Attorney for the Southern District of New York. 

Here is the column:

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James Clapper’s Unwitting Irony: Former National Intelligence Director Dismisses Claim Of Innocence Of Maria Butina

There are moments on television where the irony is so great that it leaves you dumbfounded.  On Tuesday night, CNN brought on its contributor, James Clapper, to address the plea deal struck by accused Russian Agent Maria Butina.  Clapper was asked by Wolf Blitzer if it is possible that Butina could have simply been used unwittingly by the Russian government.  It is a fair question, but Clapper immediately dismissed claims of “unwitting” actions and insisted ” I suspect she was witting.” If that sounded familiar, it should and, while Clapper is clearly an expert on intelligence matters, he is an even greater expert on what constitutes “witting” crimes.

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Turley To Give Keynote On Privacy and Security At IBIA Conference

This morning, I will have the privilege of giving a keynote address before the National Press Club at a symposium organized by The International Biometrics + Identity Association (IBIA) on privacy and security issues surrounding the rising use of facial identification technology.

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Michael Cohen’s Last Hustle: How Trump’s Former Fixer Blew His Final Play

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Below is my column at Foxnews.com on the inevitable collapse of Michael Cohen’s strategy to avoid jail for his extensive criminal conduct as a businessman and a lawyer.  I recently discussed how the filing detailed the windfall payments of over $4 million that Cohen received from companies like AT&T to buy access and influence with Trump.  It was one of Cohen’s last scams.  He ended up keeping the money despite being embroiled in the scandals that led to his demise.  He then scammed thousands of anti-Trump donors on a GoFundMe site for hundreds of thousands of dollars on the promise of turning against Trump.  He never mentioned the millions that he shook down companies for in his cash for access scheme.  In other words, Cohen continue to hustle but, on this occasion, he came up one hustle too short.

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“Don’t Mess With Santa”: Texas Town Could Face Free Speech Challenge Over Santa Protest

Aaron Urbanski
Aaron Urbanski

There is an interesting free speech case emerging in Cleburne Texas where Aaron Urbanski was arrested after protesting in front of the St. Mark United Methodist Church against its Christmas event.  Urbanski, 31, was screaming that Santa is not real and was arrested for criminal trespass.  It was a remarkably obnoxious and disrespectful act by Urbanski and other protesters, but much will depend on where the protest was held in front of the church.  If the arrests were due to the content of the protests rather than its location, a serious free speech issue could emerge.  For this part, Cleburne Mayor Scott Cain simply declared “Don’t mess with Santa” — a statement that could be cited by the defendant in a first amendment challenge to his arrest.

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Do You Want To Burn A Snowman? South Carolina Man Arrested For Setting Christmas Decorations On Fire

Cameron Baun of Summerville, SC is charged with arson after allegedly burning Christmas decoration

I guess some people in Summerville, South Carolina just do not like winter or at least Christmas.  Cameron Lewis Baun, 29, has been arrested for going on an alleged spree of arson in burning Christmas decorations.  He reportedly started by burning an outdoor Snowman.  He may have misunderstood the lyrics from Frozen. It is “Do you want to build a snowman?”

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